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HomeMy WebLinkAbout1981 April Planning Commission MinutesCITY OF PRIOR LAKE PRIOR LAKE PLANNING COMMISSION AGENDA April 16, 1981 7 :30 PM Call to Order 7:35 PM RUSSELL TJERNLUND Rezor.i, q 8:30 PM LAWRENCE SCHWEICH Variance 8:45 PM MARLINE MULLIN Variance 9:00 PM MARK W. FREDRICKSON Variance cw (612) 447.4239 4629 DAKOTA STREET S.E. P.O. BOX 359 PRIOR LAKE, MINNESOTA 55372 Aftwo PRIOR LAKE PLANNING COMMISSION AGENDA REPORT APRIL 16, 1981 :30 REZONING - RUSS TJOURNLAND Attached please find map and staff memorandum. 8:30 LAWRENCE SCHVEICH - VARIA.NCE CONTINUATION The DNR has not completed the permit process for Lawrence Schweich. I recommend tabling this matter until such a time the DNR information is available. Attached please find the watershed district permit. Maps will be diplayed at the meeting should a discussion result. 8:45 MARLENE MULLEN - VARIANCE Attached please find staff analysis, 9:00 MARK W. FREDRICKSON - VARIANCE Attached please find staff analysis, (612) 447 -4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372 0 CITY OF PRIOR LAKE PRIOR LAKE PLANNING COPM1ISSON - MINUTES- April 16, 1981 The April 16, 1981 meeting of the Prior Lake Planning Commission was called to order by Chairman Fitzgerald. Present at the meeting were Commissioner's Fitzgerald, Foster, Wilker, Arnold, Roseth, Councilman Bissonett and City Planner Graser. The minutes of the April 2, 1981 Prior Lake Planning Commission meeting were reviewed. Notion was made by Commissioner Foster to approve the minutes as published, seconded by Commissioner Roseth. Upon a vote taken, the motion was duly passed. Item I, a Public Hearing for a rezoning request by Russell Tjernlund was called to order by Chairman Fitzgerald at 7:35 P.M. Mr. Tjernlund was present at the meeting. City Planner Graser made a presentation as per his memorandum dated April 16, 1981. He noted ''' Mr. Tjernlund is requesting the rezoning of a parcel of land 50' x 250' lying directly _._.rth of the railroad trestle bridge and south of Grainwood Circle. The current zoning on this land is C -1, Conservation, Mr. Tjernlund is requesting rezoning to R -1, Single family residential. City Planner Graser stated that Prior Lake has the opportunity to implement a trail system as envisioned in it's Comprehensive Plans. The Plan suggests how open space is an integral part of the Land Use Plan and how it may be able to unify the park system. Staff's recommendation was to deny this petition for rezoning of the property. Mr. Greg Mack, Director of the Hennepin /Scott County Park Reserve District commented on the trail system. Attorney Bryce Huemoeller, representing the applicant commented on the request. He stated that':i Mr. Tjernlund is requesting the zoning change so that he can build a single family home on this parcel of land. Mr. Huemoeller stated why he felt that this rezoning application should be approved speaking from a legal standpoint. At this time, the Planning Commission members asked questions of Mr. Mack regarding the proposed trail corridor. Input was taken from the audience. Those commenting on this request were Howard Huber, Grain - wood Circle; Gunars Zvaners, Eau Claire Trail; Eileen Harvey, Grainwood Circle; Sandra Perry, Grainwood Circle: James Space, Eagle Creek Avenue, and the applicant, Russ Tjernlund. Their comments were all in favor of rezoning to R -1, single family residential. Discussion by the Planning Commissioner's followed. They questioned alternative alignment of the ail system and the feasibility of realignment. They discussed the need for a trail syste�ry proposed for the Prior Lake area. Other comments made by the Commission members revolved around the Comprehensive Plan and the need to adhere to a plan for consistency in future devel- oping in the Prior Lake area. It was noted that this trail system is included in the Prior Lake (612) 447.4230 4629 DAKOTA STREET S.E. P.O. BOX 359 PRIOR LAKE, MINNESOTA 65372 PAGE TWO - MINUTES OF 4/16/S1 PRIOR LAKE PLANNING CONNISSION MEETING Comprehensive Park Plan to connect Prior Lake's open space areas. At this time, Chairman Fitzgerald called for more input from the audience members. Comments were also made by Mr. Mack and the Attorney for the applicant. Chairman Fitzgerald commented on this request. He felt that because the City appears to be moving along in an attempt to do something with this area and as long as it is zoned as such in a Comprehensive Plan and as long as the issue is not crying out for lack of activity by the Board of Governing bodies that have control over it's acquisition, it would be difficult to find a legitimate purpose for rezoning to R -1. The Chair called for a motion for denial of the rezoning request on the basis that the request would be contrary to the Comprehensive Plan of Prior Lake as it currently stands. This was moved by Commissioner Foster, seconded by Commissioner Roseth. Upon a vote taken,the motion was duly passed. Chas. -man Fitzgerald adjourned the Public Hearing. Item II, a continuation of a variance request by Lawrence Schweich was called to order. Mr. Schweich was not present at the meeting. City Planner Graser stated that he had talked with the DNR representative, Roy Schultz. Mr. Schultz is working on the permit required by the DNR to add fill to this lot. Mr. Graser stated hat the permit has been processed but it has not been signed as yet, when they are signed they I1 be forwarded to Mr. Schweich. Because of this, staff recommendation was to table this item for two weeks until that document is in hand. Staff recommended this be rescheduled for May 7, 1981 at 7:30 P.M. Motion was made by Commissioner Wilker to table this Variance until May 7, 1981 at 7:30 P.M., seconded by Commissioner Arnold. Upon a vote taken, the motion was duly passed. Item III, a variance request by Marlene Mullen was called to order by Chairman Fitzgerald. Ms. Mullen was present at the meeting to answer questions. City Planner Graser commented on this request. He noted that Ms. Mullen is requesting a var- iance from the zoning code to build a single family home in a special industrial area. The home would be constructed on a 20 acre parcel which ,is currently zoned I -1. This property is { located adjacent to and directly northwest of intersection County Road 83 and County Road 42. Staff made a recommendation to approve the variance since the request complies with the interest '! of the Comprehensive Plan. The industrial zone will be replaced with an agricultural zoning. The proposed use would not cause or result in any adverse affects on existing plans or land uses in the immediate area. The proposed building site also meets the requirements of the Municipal Code. Commissioner Foster questioned whether utilities not servicing that area would pose any problems. a Ms. Mullen stated that this would not be a problem. The Chair called for a motion to approve the variance request of Marlene Mullen to construct a 'ngle family home in at.. I -1, Special Industrial area as it is in compliance with the Comprehen- eve Plan of Prior Lake for 1980, this was moved by Commissioner Foster, seconded by Commissioner Roseth. Upon a vote taken, the motion was duly passed. I At this time, Councilman Bissonett suggested,as a point of order, a motion be made to close the PAGE THREE - MINUTES PRIOR LAKE PLANNING CC'N1IS!z10N W Public Hearing for the rezoning request. Chairman Fitzgerald called for a motion to close the Public Hearing for the rezoning request, this was moved by Commissioner Roseth and seconded by Commissioner Foster. Upon a vote taken, the motion was duly passed. Item IV, a variance request by Mark W. Fredrickson was called to order by Chairman Fitzgerald. Mr. Fredrickson was present at the meeting to answer questions. City Planner Graser commented on this request. He noted that Mr. Fredrickson is requesting an 8' side yard variance and a 4' front yard variance for Lot 23, Maple Park Shore Acres to construct a 14' x 26' detached garage. He noted that the subject property is a 50' lakeshore lot with an existing home. He noted that the drawing that was submitted shows that the sewer connection is located about three feet from the proposed foundation and it would not -be -f advisable to construct over utility lines. Also, there are many non - conforming garages in the immediate neighborhood. The non - compliance occurs at front and side yard set backs. Staff made a recommendation to deny the request since a two foot set back under existing,circumstane would be too close to the existing construction. Also, the Commission has never granted a variance of more than six feet from side property lines, Staff recommended a 4' set back to observe the precedence and to limit the garage to a 20' front yard set back. Mr. Fredrickson commented on this request. He noted that the property next to him, Lot 22 their garage 18' from the front property line. He stated that he would like to align with garage so that he would not encroach upon the existing house and to keep at least a five fo clearance. Planning Commission discussed this item. They questioned Staff's rec nt yard set back. City Planner Graser stated that he had no problem w 18' and even with the neighbor's garage. The Planning Commissioner's` e yard set back and the front yard set back being at 18' to align with Chair called for a motion to grant a 6' side yard variance and a front yard varian, ropriate to align the overhead doors in conjunction with the immediate neighbor ';an less than 18' back, moved by Commissioner Wilkey, seconded by Commissioner Foster.` ote taken, the motion was duly passed. on was made to adjourn the Prior Lake Planning Commission Meeting by nded by Commissioner Arnold. Upon a vote taken, the motion was duly adjourned at 9:32 P.M. mh CITY OF PRIOR LAKE PRIOR LAKE PLANNING COMMISSION - AGENDA - APRIL 2, 1981 7:30 P.M. 7:35 P.M. 7:45 P.M. 8:00 P.M. 8:15 P.M. CALL TO ORDER LAWRENCE SCHWEICH JOHN F, BETTY TITUS CY SCHWEICH COMPREHENSIVE PLAN Variance continued Home Occupation Conditional Use Discussion r X612) 447.4230 4629 DAKOTA STREET S.E. P.O. BOX 359 PRIOR LAKE, MINNESOTA 55372 CITY OF PRIOR LAKE PRIOR LAKE PLANNING COMMISSION - MINDTES- April 2, 1981 The April 2, 1981 meeting of the Prior Lake Planning Commission was called to order by Chairman Fitzgerald. at 7:30 P.M. Present at the meeting were Commissioner's Fitzgerald, Foster, Roseth and City Planner Graser. Absent from the meeting were Commissioner's Arnold, Wilker and Councilman Bissonett. The minutes of the March 19, 1981 Planning Commission meeting were reviewed. The following correction is to be made to those minutes: Page 1; Paragraph 7; line 3 is to be changed from; standards to commence with the neighborhood to read as follows: standards to be commensurate with the neighborhood. Motion was made by Commissioner Foster to approve the minutes as amended, seconded by Commissioner Roseth. Upon a vote taken, the motion was duly passed. Item I, a continuation of a variance request by Lawrence Schweich was called to order. City Planner Graser noted that the required information from the Department of Natural Resources had not been received. Therefore, staff recommended that this variance be tabled until April 16, 1981 at 8:30 P.M. Motion was made by Commissioner Roseth to table this variance request by Lawrence Schweich to April 16, 1981 at 8:30 P.M., seconded by Commissioner Foster. Upon a vote taken, the motion was duly passed. Item II, a Home Occupation Permit request by John and Betty Titus was called to order by Chairman Fitzgerald at 7:45 F.M. Mr. Titus was present at the meeting to answer questions. City Planner Graser commented on this request. He noted that the applicant is proposing to use his home at 5463 150th Street SE as a base for a small computer consulting service. Staff's recommendation was to approve the request since it would not be detrimental to the general health and welfare of the community. Mr. Titus commented on this request. Commissioner Foster questioned whether there would be future expansion of the business. Mr. Titus stated that if the business would grow, he would have to seek other accommodations as his home would not be large enough. Motion was made by Commissioner Foster to approve the Home Occupation Permit request by John and Betty Titus for the purpose of Micro processor and other computer related consultin and developing services with the stipulation that there would not be any employees hired : that location outside of he and his wife, and if that did occur he would consider office space elsewhere. Also, no exterior devices installed on the premises for purposes of (612) 447.4230 4629 DAKOTA STREET S.E. P.O. BOX 359 PRIOR LAKE, MINNESOTA 56372 Prior Lake Planning Commission Minutes - Page two this function, seconded by Commissioner Roseth. Upon a vote taken, the motion was duly passed. Item III, a Conditional Use request by Cy Schweich was called to order by Chairman Fitzgerald at 8:00 P.M.. Mr. Schweich and his son, Ted were present at the meeting to answer questions. City Planner Graser made a presentation to the Planning Commission. He noted that Mr. Schweich is requesting a Conditional Use to construct three duplexes on Lots 30 -34 of Butternut Beach. This property is currently zoned R -1. Lot 30 is 125' wide with the remaining lots being 50'. The concept features individual ownership of each unit and common walls. Covenants are necessary to implement this concept because of the common walls. He also noted that the majority of the property is very low and needs filling prior to construction. Single family construction would be limited in design options due to size of lots. Lots may be combined resulting in three single family homes. Staff's recommendation was to approve the Conditional Use since the Concept is compatible with the existing development. The size of the units would not pose a compatibility problem with immediate development. Covenants must be submitted to staff prior to obtaining a building permit. Mr. Schweich commented on this request. Input was taken from audience members. Those making comments on this request were Jim Weninger, Route 2, Shakopee; Jim Thwaites, 2629 Spring Lake Road; Kathleen Morris, Route 2 , Shakopee; and Richard Heinz, 2913 Spring Lake Road. They expressed concern about drainage across Lot 3U; the set back from the road; the added number of children these units may bring into the area with concern about their safety because of the traffic on County Road 12 and basically no area for them to play in. Discussion by the Planning Commissioners followed. Commissioner Foster questioned whether Mr. Schweich would need a permit from the Department of Natural Resources or the Watershed_ District in order to fill in those lots. Mr. Graser stated that permits would not be re— quired for this. Rick Heinz, of the Watershed Board stated the same. Motion was made by Commissioner Roseth to approve a Conditional Use for two twin boom* on Lots 31,32 and 33,34 only. The homes are to be two bedrooms per unit, the front yard met back should be at 25 feet; to deny a Conditional use for a twin home on Lot 30, and to allow a single family dwelling only, with no more than 3 bedrooms; with the set back from the road being at 25 feet; this is based on the most applicable land uses given the existing lot sizes and platting. Based on overall safety, of health and general welfare of the residents in the neighborhood, seconded by Commissioner Foster. Chairman Fitzgerald called for a vote on this motion. The motion was amended by Commissiner Roseth to include that the above is in reference to submitted plans which were marked Exhibit A -E and the plat plan as submitted showing Lots 30 -34, of Butternut Beach, this would be contingent upon approval by the Watershed Board. Upon a vote taken, the motion was duly passed as amended, At this time, Chairman Fitzgerald requested that the scheduled discussion of the Comprehensive Plan be cancelled until a future date and time. City Planner Graser agreed with this. Motion was made by Commissioner Foster to adjourn the Planning Commission Meeting, second by Commissioner Roseth. Upon a vote taken, the motion was duly passed and the March 19, 1981 Prior Lake Planning Commission meeting was adjourned at 9:35 P.M.