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HomeMy WebLinkAbout1981 November Planning Commission Minutes• PRIOR LAKE PLANNING COMMISSION SPECIAL MEETING - AGENDA - November 20, 1951 7:30 PM Call to order 7:35 PM CY SCMWEICH PRELIMINARY PLAT (612) 447.4230 4629 DAKOTA STREET S.E. P.O. SOX 359 PRIOR LAKE, MINNESOTA 55372 11 1 .. *. ± - PRIOR LAKE PLANNING CORMTSSION SPECIAL. MEETING - MINUTES - NOVEMBER 20, 1981 This meeting was called to order by Chairman Wilker at 7:35 PM. Present at the meeting were Commissioners Wilkey, Arnold, Roseth, Foster, and City Planner Craser. Chairman Wilkey called for the only item on the agenda. Planner Graser commented on the replat request by Cy Schweich. Ted Schweich of Schweich Construction Corp, was present to answer questions. Staff recommended preliminary approval of the replat of original Lakeside Estates since this is a mechancial process so title can be granted to individual homeowners. Input from the audience was taken at this time. Mr. Ed Birdsong of 4646 Lords, adjacent. property owner questioned the proposal since he has a similar request before the Planning Commission. He stated his proposal was similar to the Schweich development but his development has been turned down by the City. Motion was made by Commissioner Foster to accept Preliminary Replat that Mr. Schweich presented for the First Addition of Lakeside Estates, seconded by Commissioner Roseth. Upon a vote taken the motion was duly passed. Motion was made by Commissioner Arnold to adjourn the November 20, 1981 Public Hearing seconded by Commissioner Roseth. Upon a vote taken, the motion was duly passed. The meeting was adjourned at 8:05 PM. ;' (612) 447.4230 4629 DAKOTA STREET S.E. P.O. BOX 359 PRIOR LAKE, MINNESOTA 55372 CITY OF PRIOR LAKE PRIOR L.,KE PLANNING COMMISSION - AGENDA - November 19, 1981 7:30 PM Call to order 7:35 PM EVERETT GARRISON 7:45 PM MIKE BARSNESS 8:00 PM ZONING ORDINANCE 9:00 PM DON AMENSEN 9:15 PM RON RIVIERE 9:30 PM JOHN FITZGERALD VARIANCE VARIANCE - CONTINUANCE VARIANCE- CONTINUANCE VARIANCE CONCEPT REVIEW (612) 447.4230 4629 DAKOTA STREET S.E. P.O. BOX 359 PRIOR LAKE, MINNESOTA 55372 CITY OF PRIOR LAKE ' PRIOR LAKE PLANNING COMMISSION AINUTES - November 19, 1981 The November 19, 1981 meeting of the Prior Lake Planning Commission was called to order at 7:35 PM by Chairman Wilker. Present at the meeting were Commissioner3 Foster, Arnold, Fitzgerald, Roseth, City Planner Graser and Consulting City Planner Tooker. Councilman Bissonett was absent. The minutes of the previous meeting were reviewed. Motion was made by Commissioner Foster to approve the minutes as written, seconded by Commissioner Roseth. Upon a vote taken, the motion was duly passed. Item I, a variance request by E. F. Garrison was called to order. Mr.$ Mrs. Garrison were present at the meeting to answer questions. City Planner C,raser commented on this request. He noted that Mr. $ Mrs. Garrison are requesting a 5' side yard variance from the north property line for Lot 10 Oakland Beach First Addition. Staff recommended approval of the request since the improvement is consistant with the area. Motion was made by Commissioner Fitzgerald to approve the request for a 5' side yard variance from the north property line for Lot 10 Oakland Beach 1st Addition, seconded by Commissioner Arnold. Upon a vote taken, the motion was duly passed. Item II, a variance continuance for Mike Barsness was called to order by chairman Wilker. Mr. Barsness was present to answer questions. City Planner commented on this request and asked the Commissioners to review a letter submitted by Mark Sullivan, City Attorney. Staff noted that Mr. Barsness is requesting a 50' lakeshore variance a 10' front yard variance and a 2.5' side yard variance from each side property line for Lot 5 North Grainwood. It was Staff's recommendation to approve 17 foot setback from the road or an 8 foot variance, grant no side yard variances but provide the opportunity for a 12 foot setback of the deck or 50 foot variance from the 904 setback requirement which will result in a structure 25 feet from the 904 measuring approximately 38' X 40' on this 60 foot Lot. Motion was made by Commissioner Fitzgerald to grant Staff's recommendation seconded by Commissioner Foster. Upon a vote taken the motion was duly passed. At this time Mr. Barsnes, asked for a detailed explanation of the motion passed. City Planner Graser explained to Mr. Barsness the motion and pointed out the main point where the deck :-•ss- included in the setback requirements. Also at this time City Planner Graser pointed out the need for a public road in this area for (612) 447.4230 4629 DAKOTA STREET S.E. P.O. BOX 3S9 PRIOR LAKE, MINNESOTA 55372 general health and safety. The motion was amended by Commissioner Fitzgerald to issue no building permits until a public road has been built, and no variances unless contin- gent upon completion o` a public road, seconded by Commissioner Foster. Upon a vote •'� taken, the motion was duly passed as amended. Item III, Zoning Ordinance for the City of Prior Lake was called to order. Consulting City Planner Tooker was present to present the Ordinance review. Upon completion it was recommended to continue the Zoning Ordinance in two weeks. Item IV, a variance cnntinuance for Don Amensen (First National Bank Building) was called to order. Mr. Amensen was present to answer questions. At this time Mr. Amensen presented a new building plan with the newly acquired land area behind the previous plotted plan. Motion was made by Commissioner Roseth to �rrat a 25' front yard variance with a documentation of landscaping prior to issuance of a permit, seconded by Commissioner Arnold. Upon a vote taken, the motion was duly passed. Item V, a variance for Crown Oil Company was called to order. Mr. Ron Riviere was persent to answer questions. Staff commented on this request, that the project proceeded without a building permit and had to be "Red Tagged" by Scott County Building Inspector when work was not halted. Mr. Riviere stated there was a definite lack of communication within his personnel on the requirements for the project. Motion was made by Commissioner Fitzgerald to table the variance request for two weeks ..,.', or if more time is requested by the applicant, seconded by Commissioner Foster. Upon a vote taken, the motion was duly passed. At this time Commissioner Fitzgerald excused himself due to special interest in the up coming item. Item VI, Concept review for John Fitzgerald was called to order by Chairman Wilker. Staff pave a presentation to the Planning Commission. Staff recommended a public hearing.: Motion was made by Commissioner Arnold to schedule a public hearing on December 17, 1981 at 7:35 PM, seconded by Commissioner Foster. Upon a vote taken, the motion was duly passed. Motion was made by Commissioner Arnold to adjourn the Planning Commission meeting, seconded by Commissioner Roseth. Upon a vote taken, the motion was duly passed. The meeting was adjourned at 10:30 PM. �.J / Lommen, Nelson, Sullivan & Cole, P.A. ATTORNEYS AT LAW I ') N V. LO -NMEV I! 'c l3 L LONER �R�lp 4 LYLL R. EREVERT 01 L \ \[L501 :1 SII L'lbllp!IIH S ST1 RFET 1I.%1EA ROLI5. M 1 f \ \E50TA i3AJ] lO N as CP k T ERSON I A A R ,t IV A• T 3a -8131 - THOMAS R JACOBSON PI!II LIP A COLE. RICOARD A LIND %LARK.\ ITAGLBCR(, THOMAS U. )CVSEN LEER RESSCL T11(.RE% SOLARE. SLCON01 LOOK BRADEGGCN L U S T R E E I• II L O S O A, IV ISL O U T A' J B IE 1E0 L. I L L IC A% T.:v-nane I '.f13$65 :1' E RE DE RIC, ,NL HASS IANET .M. FLOM rJovem, ter 6, 1981 •A//mi /,., in lVi,ran,.n Horst Grazier , City Planner City of Prior Lake 4629 Dakota Street S.E. Prior Lake, fMJ 55372 Dear Mr. Grazier: Pursuant to your recent request for an opinion concerning lots which were platted before are present ordinances and which 'do not conform to tnose ordinances. I wish to advise that it has been my opinion and I think the City has followed the policy of issuing building permits on any lot that existed as a platted lot prior to our present ordinance even though it does not comply in size requirements for a lotto be platted today. Whether or not the fact that utilities have been put in and assessed against the lot, would have any effect on the landowners right to obtain a building permit? It is our feeling that the landowner would': have a right to obtain a iuilding permit regardless of whether there has been an ment for utility. Of course, if utilities are not in it may be that the building permit could be denied until they are installed. ordinance? The answer to that question, I believe, is negative. I do not believe that the city has the authority or the Dower to insist'that.a person acquire additional property. It maybe well to recommend this '. in art I attempt to convince the property owner that additional property would make a nmh more desirable development but I do not believe that we could use that as a basis for denial of a building permit on an existing lot of record. The question of variance as to departure from our existing ordinances with regard to side yard setbacks or other setback lines or the building ordinances. I think that we are entitled to enforce the setbacks and building ordinances. I don't believe that the lot owner, simply because he has a platted lot, has any absolute right to a variance. it may be that the cir- cumstances of some particular cases would require a variance.: Of course, if the lot does not meet the size requirements because `a portion of it is below the flood plain, I believe this is a sound basis for denial of the building permit. In other words, I think all of the other ordinances apoly to the issuance of a buildinq permit and to the construction of a building thereon. I can foresee that there ray be some lots which because of terrain sirrply cannot be built upon because of their size requirements b, 1981 and the setback requirerents, r do ;tot belie. a variance ioald be mandatory ' in those ci rur.L, t�nces. 1 mist that this will assist you in hanclinc these problems. I don't thin;::. we can lay down a:y hard and faist quidel:.nes that would be applied in all cases. I think the pmbleri�s are goinq to be as individual as the nw:'N -r of Lots that exist. If there is any £urth:,er issistance that I can be in this matter, please let me !mow. Yours truly, LC7•RFN, NELSON, S'JLLiVAD1 b COLE, P.A. FAark `Si ri °jaii'', MS /mt CITY OF PRIOR LAKE PRIOR LAKE PLANNING COMMISSION - AGENDA - NOVEMBER 5, 1981 7 :30 PM 7:35 PM 7:45 PM 8:00 PM 8:15 PM Call to order CY SCHWEICH MIKE BARSNESS ROBERT ECKLUND DON AMENSEN PRELIMINARY PLAT VARIANCE CONDITIONAL USE FERMIT VARIANCE (612) 447.4230 4629 DAKOTA STREET S.E. P.O. BOX 359 PRIOR LAKE, MINNESOTA 55372 CITY OF PRIOR LAKE PRIOR LAKE PLANNING COMMISSION - MINUTES - November 5, 1981 The November 5, 1981 meeting of the Prior Lake Planning Commission was called to order by Chairman Wilker. Present at the meeting were Commissioner's Arnold, Foster, Roseth Fitzgerald, Councilman Bissonett and City Planner Tooker. The minutes of October 1, 1981 Planning Commission meeting were read. The following corrections are to be made: Page 1; top of page under minutes put in 1 after October and Page 1; 2nd paragraph from bottom add John Nelson stated he would construct 2 barriers one on each side of the propane tank. Motion was made by Roseth to approve the minutes as amended, seconded by Foster. Upon a vote taken the motion was duly passed. At this time staff placed the discussion of the Zoning Ordinance on the agenda for November 19, 1981 at 8:00 to 9:00 P.M. Item 1, Cy Schweich request for a Replat of the First Addition to Lakeside Estates. Mr. Schweich was not present at this time. Staff recommended to schedule a public hearing date. Motion was made by Commissioner Foster to schedule the public hearing December 3, 1981' at 7:30 P.M. seconded by Commissioner Arnold. Upon a vote taken the motion was duly passed. Item II, Variance request by Mike Barsness. Mr. Barsness was present at the meeting to answer questions. Staff noted that Mr. Barsness is requesting a 50' Lakeshore variance, a 10' front yar variance and a 2.5' side yard variance from each side property line for Lot 5, North Grainwood. Discussion focused on the need for more variances when other lots in the plat are made available for construction. Staff recommended a continuance to alloy time to check records on the lots now occupied to determine any precedence that may have been set. Motion was made by Commissioner Foster to continue the variance request on November 1981 at 7:45 P.M seconded by Commissioner Fitzgerald. Upon a vote taken, the motion was duly passed. Item III, a conditional use permit request by the YMCA for a stationary mobile home. Robert Ecklund was not present to answer questions for the YMCA. Staff gave a presentation and recommended approval of a temporary mobile home for a five year period or until a permanent building is constructed whichever comes first. Motion was made by Commissioner Fitzgerald to approve the conditional use permit d by -Arnold P. Up n a vo�Le taken the motion was duly passed. (812) 48�2� /� REE7 S.E. 0. BOX 359 ORIOR LAKE, MINNESOTA 55372 At this time Mr. Cv Schweich approached the podium to request the outcome of the request for the Replat presented at 7:3-; P.M. After comments and discussion from the staff, applicant and audience, it was resolved by: A motion was made b Commissioner Fitzgerald to schedule the public hearing for rezoning of Holly Court Lakeside Estates on December 3, 1981 at 8:00 F.M. seconded by Commissioner Roseth. Upon a vote taken, the motion was duly passed. A motion was made by Commissioner Roseth to recind the motion which scheduled a hearing for the replat of Lakeside Estates on December 3, 1981 and to schedule a special public hearing meeting for the replat of Lakeside Estates. on November 20, 1981 at 7:30 P.M. seconded by Commissioner Foster. Upon a vote taken, it was passed with Commissioner Fitzgerald voting nay Item IV, a variance request by Don Amensen of First National Bank Building, was called to order by Chairman Wilker. Mr. Amensen was present to answer questions. Councilman Bissonett excused himself from participating as he is directly involved. City Planner Tooker commented on this request. The applicant is requesting a 35' variance from the front yard and a 20' variance from the rear yard for Lot 1, Brooksville Center 2nd Addition. Because of the building orientation on a corner Lot, the set back from the shopping center can be considered as a side yard. Mr. Amensen stated that the City of Prior Lake would be given 20' of property in return for an island to control traffic access to the Shopping Center from Center Street. City Planner: -�- Tooker will investigate the cities interest in this. Motion was made by Commissioner Roseth for a continuance on November 19, 1981 at 9:00 P.M. seconded by Commissioner Foster. Upon a vote taken, the motion was duly passed. Motion was made by Commissioner Arnold to adjourn the Planning Commission meeting, second by Commissioner Fitzgerald. Upon a vote taken, the motion was duly passed and the meeting was adjourned at 9:25 P.M.