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HomeMy WebLinkAbout1980 April Planning Commission MinutesCITY OF PRIOR LAKE PRIOR LAKE PLANNING COMMISSION AGENDA APRIL 17th, 1980 7:30 PM Call to order 7:35 PM Lowell Webster Variance 7:45 PM Holiday Station Stores Variance (612) 447 -4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372 1 CITY OF PRIOR LAKE - MINUTES - PRIOR LAKE PLANNING COMMISSION APRIL 17, 1980 The April 17, 1980 meeting of the Prior Lake Planning Commission meeting was called to order by Chairman Fitzgerald. Present at the meeting were Commissioners Fitzgerald, Arnold, Wilker and City Planner Graser. Commissioners Johnson and Warmka and Council- man Bissonett were absent. The minutes of the April 3, 1980 Prior Lake Planning Commission meeting were reviewed. Motion was made by Arnold to approve the minutes as read, seconded by Wilker. Upon a vote taken, the motion was duly passed. Iter. I, a variance request by Lowell Webster. Mr. Webster was present at the meeting ,-,,to a.swer questions. - City Planner Graser gave a presentation noting that Mr. Webster is applying for a 4.5' side yard variance from the east property line and a 5.7' side yard variance from the west property line. Staff noted that Mr. Webster has moved a cabin onto lots 6 and 31 of Twin Isles without a variance or building permit. Staff recommendation was to approve the request since the request is consistent with the general development of Twin Isles and is not detrimental to the general health and welfare of the community. Chairman Fitzgerald questioned as to whether or not Mr. Webster had met the five guide- lines set for building on Twin Isles. City Planner Graser stated that he had not met these as yet, but Mr. Graser would follow up on this. Motion was made by Wilker to approve the variance request for a 4.5' side yard variance from the East property line and a 5.7' side yard variance from the west property line as it would not be detrimental to the other residents on the Island or the general health and welfare of the people of Prior Lake, also, it is consistent with general development on Twin Isles, seconded by Arnold. Upon a vote taken, the motion was duly passed as amended. Item II, a variance request by Erickson Petroleum Corporation. Mr. Jerry Jensen was pres- ent at the meeting to answer questions. Mr. Jensen represents Holiday Station Stores. Staff's presentation noted that the Erickson Petroleum Corporation is requesting a 25' front yard variance for the installation of a pump island canopy at intersection Highway _-) 13 and Center Street. Staff stated that approximately one year ago the Erickson Petroleum Corporation received a variance to deviate from the the required one acre minimum lot size in a B -3 zone to about .65 acres, a condition was attached to this variance, that being (612) 447 -4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372 Page two Planning Commission Minutes continued that a landscaping plan be submitted to staff and this plan would be implemented in the building permit. Staff noted that with the previous variance received and the landscap- ing plan to be submitted, it is unlikely that this development could take place without some type of variance. Staff recommendation was to approve the request since the pro- posed layout of the lot is in the best interest of the City. At this time Mr. .Jensen took the podium and made additional comments regarding this var- iance request. After discussion among the Commission members they questioned as to why the building could not be moved back twenty feet on the lot, this would still leave green space for the land- scaping. Motion was made by Arnold to deny the 25' front yard variance as presented by Erickson Petroleum Corporation as the canopy plan presented would destroy the site line as it is not consistent with the immediate development of the area, seconded by Wilker. Upon a vote taken, the motion was duly passed. Motion was made by Arnold to grant Erickson Petroleum Corporation a 5' front yard variance with the canopy being no closer to the highway right -of -way than 33 feet, and a 10' side variance, feeling that this would make the total plan conform more harmonious with the site line of Highway 13; and to provide a 20' green space at the front of the station, seconded by Wilker. Upon a vote taken, the motion was duly passed. Discussion Item: City Planner Graser noted that he received a letter from Attorney, Bryce Huemoeller on behalf of James Dunn. Mr. Dunn is requesting a rezoning hearing from R -1 to R -2 for the Dunn Marina. Motion was made by Fitzgerald to schedule a Public Hearing for June 5, 1980 at 7:35 PM., seconded by Wilker. Upon a vote taken, the motion was duly passed. Motion was made by Arnold to adjourn the Prior Lake Planning Commission meeting, seconded by Wilker. Upon a vote taken, the motion was duly passed and the meeting was adjourned at 8:38 P.M. mh CITY OF PRIOR LAKE Prior Lake Planning Commission Agenda - April 3, 1980 7:30 PM 7:45 PM 8:00 PM 8:15 PM Edwin Osterberg Janine Lipovsky John Packer Dennis Remus Variance Variance Hearing request Variance (612) 447 -4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372 A , I • r PRIOR LAKE PLANNING COMMISSION - MINUTES OF APRIL 3, 1980 - The April 3, 1980 meeting of the Prior Lake Planning Commission was called to order. Present at the meeting were Commissioner's Warmka, Fitzgerald, Johnson, Arnold, Wilker, and City Planner Graser. Councilman Bissonett was absent. The minutes of the March 6, 1980 Planning Commission meeting were reviewed. Motion was made by Warmka to approve the minutes of the March 6, 1980 Planning Commission Meeting as presented, seconded by Johnson. Upon a vote taken, the motion was duly passed. Item I, a variance request by Edwin Osterberg. Mr. Osterberg was present at the meet- ing to answer questions. The request was for a six foot side yard variance. Staff gave a presentation noting that Mr. Osterberg is proposing to build a 20 attached garage on Lot 4, Block 3 of the First Addition to Prior Acres. The subject parcel is 75' x 200' and zoned R -1. Staff recommendation was to deny the request since no hardships exist. Staff noted that a single car garage could be constructed without a variance and this would be compatible in the neighbor- hood since some single car garages now exist. He also noted that this lot has no unique factors with respect to other property in the neighborhood. At this time Mr. Osterberg stated that he would be glad to construct a one and a half car garage or a sixteen foot garage instead if this would be satisfactory to the Commission Members. He stated that he is in need of storage and that a single, car garage would not be satisfactory to his needs. The Commission Members agreed with staff's recommendation regarding the proposed 20' x 24' garage. They did, however, feel that a sixteen foot garage would be a better solution. Motion was made by Johnson to deny the request for six foot side yard variance, but to grant a two foot side yard variance to construct a sixteen foot garage which would be in harmony with the neighborhood and would not be detrimental to the gen- eral health and welfare of the neighborhood, seconded by Warmka. Upon a vote taken, the motion was duly passed. Item II, a variance request by Janine Lipovsky was called to order. The variance request is to consider a two foot side yard variance from the east property line and a four foot side yard variance from the west property line. Ms. Lipovsky was present at the meeting to answer questions. Staff's presentation to the Commission noted that the applicant is proposing to move a cabin onto Lots 5 & 30 of Twin Isles. Staff noted that the applicant has met the stip Ulations setforth in Prior Lake's Resolution regarding development on Twin Isles. (612) 447 -4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372 Page two Prior Lake Planning Commission Plinutes Staff's recommendation was to approve the variance request since it would not be detri- mental to the general health and welfare of the people of Prior Lake and the overall recreation atmosphere of Twin Isles. The Commission Members questioned as to when and how the cabin is going to be moved onto the Island. Ms. Lipovsky stated that she wasn't quite sure at this time. Motion was made by Warmka to approve the variance request as it would not be detrimental to the other residents on the Island or the general health and welfare of the People of Prior Lake, seconded by Wilker. Upon a vote taken, the motion was duly passed. Item III, .John Packer hearing request was called to order. Mr. Packer was present at the meeting to answer questions. Staff gave a presentation as per his memorandum dated April 3, 1980. Mr. Graser noted that Mr. Packer was requesting a rehearing on his Conditional Use application. Mr. Packer received a letter from his next door neighbor, Mr. Fred Grothe, stating that he would go along with a two year extension of his Conditional Use Permit (for rental of the lower level of his home) if Mr. Packer cleans up his yard. Mr. Grothe previously submitted a letter requesting denial of the application. At this time the Commission should make a decision as to whether Mr. Packer should reapply for the Conditional Use or rehear his previous application. The Commission members felt that the main factor in denying the Conditional Use Permit application was the R -1 zoning of the area and Conditional Use criteria in the Zoning Ordinance and not the neighbors reactions. Commission Fitzgerald advised Mr. Packer that he could reapply for the Conditional Use if he so desired. Item IV, a variance request by Mr. & Mrs. Dennis Remus. Mrs. Remus was present at the meeting to answer questions. Staff noted that the Remus's are requesting a fifteen foot rear yard variance for Lot 11, Block 1, Boudins Manor Fourth Addition. The applicant is proposing to erect a 12'x16' storage building ten feet from the rear property line. The subject parcel is 100 and is zoned R -1. Staff noted that the zoning ordinance specifically states that any- thing constructed shall meet set back requirements unless there are valid and equitable reasons why a particular application should be approved. Staff also noted that if the applicant were to move this storage shed twenty five feet to the north it would greatly infringe on the usable ope space of the home. The view from the applicants walk out basement would also suffer since the back yard slopes to the south and the proposed lo- cation for this storage shed is an ideal location. In lieu of this, and because of the ordinance staff would have to recommend denial since the variance requirements are not present in this application, and also because the vast majority of the neighborhood does not have storage buildings at variance with rear property line setbacks. Mrs. Remus stated that they need this building for storage and that they would be will- ing to comply with any requests set by the Planning Commission. The Commission Members questioned whether they would be able to put the addition onto the garage. Mrs. Remus said this would not be possible because of the slope in the rear of the lot. Chairman Fitzgerald told Mrs. Remus that there would be no alternative other than to deny the variance request because there are no hardships involved and there is no precidence set for a variance of this nature, however, he did note that this could be appealed to the Council if so desired. Page Three Prior Lake Planning Commission Minutes Motion was made by Wilker to deny the request for a 15' variance_, seconded by Warmka. Upon a vote taken, the motion was duly passed. Discussion Item: Commissioner Wilker showed concern about home construction in the Spring Lake Townsite area. tie felt that there could be problems in the future because there is no room for expansion of the homes on these lots. Discussion Item: Staff requested a motion to reiterate the recommendation of a few weeks ago to include offices and banks under permitted uses in B -3 zones. Motion was made by Warmka to have offices and banks as permitted uses in the B -3 zones for the following reasons: 1) precidence has been set, offices and banks are now found in the B -3 zones; 2) offices and banks have been found to be compatible uses under the B -3 zones; 3) offices and banks are compatible with the requirements of the B -3 zoning in regards to lot size, parking, set backs, etc., seconded by Arnold. Upon a vote taken, the motion was duly passed. Motion to adjourn the Prior Lake Planning Commission Meeting was made by Warmka, seconded by Johnson. Upon a vote taken, the motion was duly passed and the meeting was adjourned: at 9:15 P.M. nTi1 2