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Home My WebLink About1988 October Planning Commission MinutesPLANNING COMMISSION AGENDA OCTOBER 20, 1988 7:30 P.M. CALL TO ORDER 7:30 P.M. REVIEW MINUTES OF PREVIOUS MEETING 7:35 P.M. HEARING LOT AREA VARIANCE DEUTSCH CONST (912) 447.4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 66372 M: i ._ at PLANNING COMMISSION MINUTES OCTOBER 20, 1988 The October 20, 1988, Prior Lake Planning Commission meeting was called to order at 7:32 P.M. by Chairman Wells. Present were commissioners Arnold, Kedrowski, Loftus, Roseth, and Assistant City Planner Garross. ITEM I - REVIEW MINUTES OF PREVIOUS MEETING MOTION BY ROSETH, SECONDED BY KEDROWSKI, TO APPROVE THE OCTOBER 6, 1988, PRIOR LAKE PLANNING COMMISSION MINUTES AS PRESENTED. Upon a vote taken, ayes by Arnold, Kedrowski, Loftus, Roseth, Wells; the motion passed unanimously. Marvin Deutsch-comment-e Deutsch that tfii request is to build a lake view home which will be 35 X 40 with a deck on the front of the home. The request tonight is for a minimum lot area variance. Assistant City Planner Garross commented per memo dated October 20, 1988. The area residents had concerns over neighborhood quality and value with a small structure in a congested area, and a quality home being built. They also feel there is no hardship here and this is not in the public interest. Bob Walters, owner of Lot 35, commented that his big Oak tree was severally damaged when construction started on Lot 34. He is also opposed to the variance request in order to build a home on Lot 34. The Planning Commissioners discussed the concerns of the area residents with regard to the minimum lot area variance request for Lot 34. They felt this is considered a buildable lot of record and the hardship is the result of the ordinance not the property owner. (612) 447 -4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372 ?i,A.t±t?1NG COMMISSION MINUTES OCTOBER 20, 1988 MOTION BY ROSETH, SECONDED BY ARNOLD, TO APPROVE A 3,536 SQUARE FOOT MINIMUM LOT AREA VARIANCE FOR LOT 34, BOUDINS MANOR SINCE IT A BUILDABLE LOT OF RECORD, THE HARDSHIP WAS CAUSED BY THE SHORELAND ORDINANCE ADOPTED IN 1987, NOT THE PROPERTY OWNER, AND IT DOES OBSERVE THE SPIRIT OF THE ORDINANCE. Upon a vote taken, ayes by Arnold, Kedrowski, Loftus, Roseth, Wells; the motion passed unanimously. MOTION BY ARNOLD, SECONDED BY KEDROWSKI, TO APPROVE A 6% COVERAGE RATIO VARIANCE FOR LOT 34, BOUDINS MANOR. Upon a vote taken, ayes by Arnold, Kedrowski, Loftus, Roseth, Wells; the motion passed unanimously. At this time the Commissioners established February 10 & 11, 1989, as first choice for the annual retreat and January 27 & 28, 1989 as second choice. The location will be established after review of different sites has been made. MOTION BY ROSETH, SECONDED BY LOFTUS, TO ADJOURN THE OCTOBER 20, 1988, PRIOR LAKE PLANNING COMMISSION MEETING. Upon a vote taken, ayes by Arnold, Kedrowski, Loftus, Roseth, Wells; the motion passed unanimously. The meEting adjourned at 8:50 P.M. DEB GARROSS ASSISTANT CITY PLANNER ANGELA JASPERS RECORDING SECRETARY PLANNING COMMISSION AGENDA OCTOBER 6, 1988 7:30 P.M. CALL 4O ORDER 7:30 P.M. REVIEW MINUTES OF PREVIOUS MEETIIIG 7:35 P.M. PUBLIC HEARING SUBDIVISION ORDINANCE STAPP AMENDMENT 7:45 P.M. HEARING VARIANCE ROBERT VAN HEM 8:00 P.M. HEARING OONDIT'llo 1L USE 6 ROD STANlOUVICS VARIANCE (CM.) (612) 447.4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 56372 11111 Ilk 1, PLANNING COMMISSION MINUTES OCTOBER 6, 1988 The October 6, 1988, Prior Lake Planning Commission meeting was called to order at 7:30 P.M. by Chairman Wells. Present were Commissioners Arnold, Kedrowski, Loftus, Roseth, City Planner Graser, and Assistant City Planner Garross. ITEM I - REVIEW MINUTES OF PREVIOUS MEETING MOTION BY KEDROWSKI, SECONDED BY LOFTUS, TO APPROVE THE SEPTEMBER 15, 1988, PRIOR LAKE PLANNING COMMISSION MINUTES AS PRESENTED. Upon a vote taken, ayes by Arnold, Kedrowski, Loftus, Roseth, Wells; the motion passed unanimously. proposed amendment is for Section 6 -1 -3 Plat ". MOTION BY KEDROWSKI, SECONDED BY ARNOLD, RECOMMENDING TO THE CITY COUNCIL PROPOSED AMENDMENT APPROVAL FOR PRIOR LAKE SUBDIVISION ORDINANCE SECTION 6 -1 -3: ADMINISTRATIVE PLAT AS PRESENTED BY STAFF UNDERLINED BELOW. 6 -1 -3: ADMINISTRATIVE LAND DIVISION (B) PROPERTY SUBDIVIDED A PARCEL OF COUWY REMIM OF (C) (H) (612) 447.4230 4629 DAKOTA STREET S.E. PRIOR LAKE. MINNESOTA 55372 CO - s�.SSI Oiv i "1 tJUT ES : CTOBER 5 1988 PROVIDED A HEARING IS CONDUCTED BY THE CITY COUNCIL. Upon a vote taken, ayes by Arnold, Kedrowski, Loftus, Roseth, the motion passed unanimously. MOTION BY ARNOLD, SECONDED BY KEDROWSKI, TO CLOSE THE PUBLIC HEARING FOR SUBDIVISION ORDINANCE AMENDMENT. Upon a vote taken, ayes by Arnold, Kedrowski, Loftus, Roseth, Wells; the motion passed unanimously. *A tape of this public hearing will be on file in the office of the City Planner as official record. ITEM III - ROBERT VAN HECKE REQUEST FOR LAKESHORE VARIANCE Mr. Van Hec a co a tney woula Tl a to ui a 3 season porch for family use since their house is not real large. However, they cannot meet the setback requirements and need a 24 foot lakeshore variance. One part of the 3 season porch would be located over an existing deck. Mr. Van Hecke presented pictures of the area and the neighbor's boat house and screen porch which are closer than the proposed lakeshore variance request to the 904 elevation of the lake. Assistant City Planner Garross commented per memo dated October 6, 1988. MOTION BY KEDROWSKI, SECONDED BY LOFTUS, TO APPROVE A 24 FOOT LAKESHORE VARIANCE FOR 14177 SHADY BEACH TRAIL SINCE IT WOULD NOT BE CONTRARY TO PUBLIC INTEREST. PAST PRECEDENTS HAVE BEEN UP TO 25 FOOT VARIANCES. LETTERS WERE SUBMITTED BY NEIGHBORING PROPERTIES INDICATING SUPPORT OF THE VARIANCE, AND LAKESHORE PROPERTY OWNERS DESERVE ':HE OPPORTUNITY TO ENJOY THE LAKE THROUGH THE USE OF LAKESIDE PORCHES AND DECKS, AND ALSO BECAUSE THERE IS VEGETATIVE SCREENING, AND THE EXISTENCE. OF THE BOAT HOUSE PORCH ON THE PROPERTY TO THE EAST OF THE SUBJECT SITE THAT IS CLOSER TO THE 904 ELEVATION OF THE LAKE. Upon a vote taken, ayes by Arnold, Kedrowski, Loftus, Roseth, Wells; the motion passed unanimously. At this time a 15 minute recess was called. The meeting resumed at 8:15 P.M. TTPM TAI - RRPnS TRT.AAIn TMr rnMnTTTnWAT. neR nVMMTM ^nI TMTTATTAM aware of previous proposals made regarding Reeds Island. There are two items which he disputes with staff. The first one is that camping on the island should be allowed with a medium for both sides to be satisfied. The second item is parking slips do not need to be allowed, since everyone in the association owns a lake lot and has access, otherwise the public access is available. Mr. Stankovich would accept any of the two on site sewage treatment plans submitted by Mike Rutten. Therefore, he would like to proceed with the Conditional Pas Permit request. 2 PLANNING COMM:. '. ION MINUTES OCTOBER 6, 1988 City Planner craser commented per memos dated September 15, 1988; October 6, 198a: Gary Staber, Building official, memo October 6, 1988; Glenn vessel, City Attorney's faxed memo of October 6, 1988. Mr. Graser stated that Gary Staber's memo be incorporated in the record. Also, City Planner Graser read a paragraph from City Attorney Glenn Kessel's memo for the record which states: "The case law cited above suggests both police and fire services are not designed to protect any individual or any individual's property but rather are designed to protect the general public. Without any special circumstances that would create a special relationship between Reed's Island, Inc. and the City of Prior Lake, no special duty exists. Case law dictates that without a special duty, governmental units are not liable for the acts of third parties. Based on this analysis, the city of Prior Lake would not be liable to third party injuries or damages with regard to the failure of providing police, medical emergency, or fire services." At this time audience input was called for. George Koblas, representative for 17 homeowners in the Frost Point area, commented that these people are strongly opposed to a commercial use of the island and the impact it would have. Also they feel the City has a duty to protect their property. Bruce Peters, 5004 Condone Street, felt that any camping will have noise which will carry across the lake to the mainland and without police protection for the island there would not be anyone to quiet the disturbance. Peter Patchin, 5428 Candy Cove Trail, stated that as a professional real estate appraiser the property value of lakeshore owners is struggling now and another disturbance would mean a downward value. Mans Widerstrom, 5080 Condone Street, stated that noise without a barrier carries at full velocity across water. Also swimming in the channel could be a hazardous situation with boat traffic 7oming through the narrow channel. rom Watkins, 5242 Frost Point Circle, stated that the omprehensive Plan needs to incorporate a section dealing with issues of islands in Prior Lake. Die comments from other Prior Lake residents included concerns such as boat traffic, safety, noise location and number of docks, sewage treatment, and association guidelines. Jbl 'i .i 1 ., rJT ES ;.!'"•07.P o 14 &0 1_i_�ce chairman We11s read, far the record, a letter from -jr Noblas representing 17 area resident's concerns of the ,:;gent of Reeds Island. - ';'he Planning commissioners discussed this item and felt strongly nut the concerns expressed by everycne. These concerns included: rules and regulations of an association, water - reatment situation, noise, commercial building in a single family zoned area, number of boat docks, security system, hours of usage, camping, liability, police enforcement, safety, neighbornood concerns, and environmental impact concerns. MOTION BY KEDROWSKI, SECONDED BY ROSETH, RECOMMENDING TO THE CITY COUNCIL, DENIAL OF A CONDITIONAL USE PERMIT REQUEST FOR RF,EDS ISLAND, INC. BECAUSE OF: 1. THIS REQUEST IS NOT COMPATIBLE WITH R -1 ZONING IN THIS LOCATION. 2. A NUMBER OF VOICED OPPOSITIONS FROM SURROUNDING NEIGHBORS AND NO SUPPORT FROM RESIDENTS WAS RECEIVED. 3. THERE WERE SEVERAL HEALTH, SAFETY, AND POLLUTION CONCERNS WHICH HAVE NOT BEEN ADEQUATELY ADDRESSED. 4. THERE ARE ENFORCEMENT CONCERNS WHICH CANNOT ENFORCE THE CONDITIONS FOR GRANTING THIS CONDITIONAL USE. Upon a vote taken, ayes by Arnold, Kedrowski, Loftus, Roseth, Wells; the motion passed unanimously. MOTION BY ROSETH, SECONDED BY KEDROWSKI, TO RECOMMEND TO THE CITY COUNCIL A REVIEW OF THE COMPREHENSIVE PLAN REGARDING THE USE OF THE LAKE. Upon a vote taken, ayes by Arnold, Kedrowski, Loftus, Roseth, Wells; the motion passed unanimously. At this time Assistant City Planner Garross presented the Planning Commissioners with an outlined guide of Public Hearing Procedure for future meetings. MOTION BY ROSETH, SECONDED BY KEDROWSKI, TO ADJOURN THE OCTOBER 6, 1988, PRIOR LAKE PLANNING COMMISSION MEETING. Upon a vote taken, ayes by Arnold, Kedrowski, Loftus Roseth, Wells; the motion passed unanimously. The meeting ad;ourned at 9:40 P.M. HORST W. GRASER DIRECTOR OF PLANNING ANGELA JASPERS RECORDING SECRETARY