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HomeMy WebLinkAbout1979 May Planning Commission MinutesCITY OF PRIOR PRIOR LAKE PLANNING COMMISSION May 17, 1979 AGENDA: 1. 7:30 PM Lon Fellon - Subdivision Public Hearing 2. 8:30 PM Jerry Grendahl - Continued Subdivision Public Hearing 3. 9:00 PM Charles James - Subdivision - Concept Hearing 4. 9:15 PM Robert Olsen - Variance 5. 9 :30 PM David McGuire - Greenbriar PUD - Preliminary 6. 10 :00 PM Ken Hennen - Variance 7. 10:15 PM Denny Fitzgerald - Continued Public Hearing (612) 447 -4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372 .: r... PRIOR LAKE PLANNING COMMISSION MAY 17, 1979 AGENDA REPORT: 7:30 PM Don Fe - .Subdivision - Public Hearin St7 f u.d not receive preliminary plans for this srbdivi: ion. Recommend to either table or cancel the hea ing. In its place, staff will lead a informs =ional discussion on "Greenbriar PUD ". 8:30 PM Jerry Grerdahl - Continued Subdivision Public Hearing Staff did not receive information requested by the Planning Commission with regard to drainage calculations and grading plans. Recommend to continue hearing. Staff will lead a discussion on platting requirements and procedures.. 9:00 PM Charles James - Subdivision - Concept Hearin A presentation for development and zoning will be made at this time. Please be prepared to give a conceptual recommendation. 9:15 PM Robert J. Olsen - Variance Attached please find recommendation and supporting information. 9:30 PM David McGuire - Greenbriar PUD - Preliminary Staff will give a presentation of facts at the hearing. 10:00 PM Ken Hennen - Variance Mr. Hennen has re- applied on the premise that he will be present to provide the facts and imput for additional consideration above and beyond submitted information. 10:15 PM Denny Fitzgerald - Continued Public Hearin Staff will give a presentation at the hearing. (612) 447 -4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 65372 CITY OF PRIOR LAKE PLANNING COMMISSION MINUTES May 17, 1979 The meeting of 5/17/79, Prior Lake Planning Commission was called to order by Chairman Speiker at 7:30 P.M.. Present at the meeting were Chairman Speiker, Commissioners Johnson, Warmka, Fitzgerald, and Cavill, City Planner Graser and Councilman Busse. Motion to approve the minutes of the May 3, 1979, Planning Commission meeting as published was made by Commissioner Cavill, seconded by Commissioner Warmka. Upon a vote taken, motion was duly passed. Item I - the Don Fellon Subdivision Public Hearing wa: called to order. Mr. Fellon was not present. Staff had not received preliminary plans for this subdivision. Motion was made by Cavill to cancel because applicant was not present and plans were not submitted to staff, seconded by Chairman Speiker with the remarks made that applicant will have to re- schedule this public: hearing. Upon a vote taken motion was duly passed. Input from the public was taken for recording purposes and future references. Motion was made by Commissioner Cavill that staff recommend to the City Council and the Watershed District to approach the owner of the double house on Pixie Pointe Circle to enforce stabilization of hillside, seconded by Commissioner Warmka. Upon a vote taken, motion was duly passed. In place of the cancelled Public Hearing an informal hearing on the Greenbriar "PUG" was conducted by staff. Item II, the continuation of the Jerry Grendahl Subdivision Public Hearing on the G. E. Industrial Park was called to order. Staff did not receive information requested by the Planning Commission with regards to drainage calculations and grading plans. City Planner Graser stated that he had re- ceived no plans and was not notified as to what was happening. Motion was made to cancel the G. E. Industrial Park Public Hearing by Commissioner Fitzgerald, seconded by Cavill. Upon a vote taken, the motion to cancel was duly passed. In place of the cancelled Public Hearing a discussion of requirements as to when data should be provided to staff in order to be placed on the agenda was conducted. Motion was made by Warmka that no public hearing be scheduled until all the necessary information and complete material is received by staff, seconded by Johnson. Upon a vote taken, the motion was duly passed. -1- (612) 447 -4230 4629 CfAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372 Item III, the Charles James Subdivision Concept Hearing was called to order. Mr. James nor his representative were present. City Planner Graser gave his presentation to the Commission. The Commissioners present stated their opinions on this subdivision. There was concern about drainage, sewer and water oversizing to the north, oversize watermain running south with potential to serve Casey's, and roadway grade problems to the northerly edge. This matter was tabled until later in the evening when the developer would be present. Item IV, the Robert Olson variance request was called to order by Chairman Speiker. Mr. Olson gai, his presentation to the Commission. Mr. Graser gave his recommendation to approve the variance request for an 11' Lakeshore variance for Lot 5, Sunset Shores, as it would not be detrimental to the character of the neighborhood and property value. Motion was made by Cavill to approve the variance as requested, seconded by Johnson, Upon a vote taken, motion was duly passed. Item II1, the Charles .James Subdivision Concept Hearing, was reconveined. Representing Mr. James was Stelios Aslanidis, of Urban Scope. Mr. Aslanidis gave his presentation to the Commission. Mr. Graser was called upon to give his recommendation. Mr. Graser felt that the immediate problem was the preliminary plan showing commercial buildings, and zoning of the acreage being for single family homes. The developer would like to have a zoning hearing instead of waiting for the city to take action, to initiate re- zoning of the parcels. Mr. Graser felt that it would behove the commission to possibly set some type of development restrictions for architectural control; landscaping pack- ages or landscaping bonds. Other problems being; access to Highway 13, sewer and water easibility to the site; traffic control on Highway 13 and County Road 42. There was much concern by the Commissioners as to the park dedication. There was con- cern as to what type of buildings and businesses were purposed for the site. Questions as to traffic in this area; how much more traffic would there be with the type of bus- inesses to be built there. Would there be access to Highway 13. Motion was made by Fitzgerald to conceptionally approve the Charles James Subdivision based on the following factors: Landscaping, including berming, architectural controls together with signing control, and determination of a park dedication fee to be resolved, this was seconded by Johnson. With no discussion and upon a vat `aken, the motion was duly passed. Item V, David McGuire Greenbriar "PUD" preliminary hearing. Mr. :uire was present at the meeting. No presentation was given by Mr. McGuire. Mr. Graser gave his presentation to the Commission. Mr. Graser recommended preliminary approval of the first phase. Planning Commission asked if there were plans to market as duplex's, twin homes, and if these single family lots were kept, maybe in the future the single family market will not be in demand as it is today, instead, it will be demand for twin homes or quad homes. Concern about the street names was shown by Commissioner Warmka. Mr. Graser stated that this would be resolved. Motion was made by Commissioner Warmka to give preliminary approval subject to resolving the following four points: changing of the street names, a drainage study must be made for the high water of the pond, road grades must conform to city standards, and city staff will determine the watermain size for future planning, seconded by Johnson. With no discussion, and upon a vote taken, the motion was duly passed. -2- Item VI, the Ken Hennen variance request. Mr. Hennen was present at the meeting and gave his presentation to the Planning Commission. Mr. Hennen was requesting a 9' front yard variance for Lot 1, Block 35, Spring Lake Townsite. w Mr. Graser gave his recommendation to the Commission. Mr. Graser recommended denial _ of the variance as applied for but, to recommend a 5' side yard variance and a 4' front yard variance because of future garage considerations. Motion was made by Cavill to deny the variance as applied for and to approve a 5' side and a 4' front yard variance from Lime Road to allow for parking off street and future garage consideration, seconded by Warmka with the stipulation that the lot plan must reflect these changes. With no discussion and upon a vote taken, the motion was duly passed. Item VII, the Denny Fitzgerald continued Public Hearing. Commissioner Johnson was as he is directly involved in the project. Mr. Fitzgerald was present at the meeting. Mrs. Beth Jones of Beth Jones and Associates, gave a presentation to the Commission regarding this project. There were comments re- garding this project by Ron Swanson of Valley Engineering. Ms. Jones commented on the alternate plans for parking; there will be eight additional guest parking spaces, 16 spaces provided in addition to garages. Mr. Graser gave his recommendation to the Commission. Main concern shown by the Commissoners vas parking availability. Also there was que tions as to snow removal from the development. There was a request made to have a d tailed drawing in color showing the widths of the roads, where the purposed parking would be for each lot, the additional parking spaces, and overall road systems. Motion was made by Fitzgerald to approve the preliminary plat subject to resolving; availability for this development, this was seconded by Warmka. Upon a vote taken, motion was duly passed. Motion to adjourn the Planning Commission Meeting was made by Fitzgerald, seconded 1 Cavill. Upon a vote taken, motion was duly passed and the meeting was adjourned at 11:15 PM. CITY OF PRIOR LAKE PRIOR LAKE PLANNING COMMISSION MAY 3. 1979 AGENDA: 7:30 PM Gary Gibbish - Public Hearing - Bluff Heights 2nd Addition 8:00 PM Denney Fitzgerald - Public Hearing - Franklin Trail Estates 8:45 PM Cy Schweich - Public Hearing - West Side Court Ken Hennen - Variance 9:00 PM John Mahoney - Variance 9:15 PM Ben Calmenson - Variance 9:30 PM Warren Isrealson - Public Hearing - Amen Acres 10:00 PM Dennis Swensen - Variance 10:15 PM Greg Ingebos - Variance (612) 447 -4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372 CITY OF PRIOR LAKE Agenda Report 7:30 Gary Gibbish - Public Hearing - Bluff Heights 2nd Addition Attached please find staff recommendation and map. 8:00 Denny Fitzgerald Public Hearing - Franklin Trail Estates Attached please find memorandum and map. 8:45 Cy Schweich Public Hearing - West Side Court Staff did not receive preliminary plat nor was a list of property owners within 300' submitted. This hearing must be tabled or cancelled. 8:45 Ken Hannan - Variance Enclosed find staff recommendation. 9:00 John Mahoney - Variance Enclosed please find staff recommendation. 9:15 Ben Calmenson - Variance Enclosed please find staff recommendation. 9:30 Warren Isrealson Public Hearing - Amen Ac res Enclosed please find staff findings and map. 10:00 Dennis Swenson - Variance Enclosed please find map and staff recommendation. 10:15 Greg Ingebos - Variance Enclosed please find map and supporting material. (612) 447 -4230 46 2,9 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372 CITY OF PRIOR LAKE PLANNING COhM1ISSION MEETING May 3, 1979 The meeting of the May 3, 1979 Prior Lake Planning Commission was called to order by Chairman Speiker at 7:30 P.M. Present were Commissioners Johnson, Speiker, Fitzgerald, City Planner Graser, and Councilman Busse. Commissioner Cavill and Warmka were absent. Motion was made by Fitzgerald to approve the April 19, 1979 Planning Commission Minutes as published, seconded by Busse and upon a vote taken it was duly passed. Chairman Speiker called the Gary Gibbish subdivision Public Hearing for Bluff Heights 2nd Addition to order. Mr. Gary Gibbish was present and gave his presentation regarding the subdivision of Lot 3, Block 1, into town house lots. City Planner Graser presented his recommendations as stated in his memorandum dated May 3, 1979, to the Planning Commission regarding Gary Gibbish subdivision. Commissioner Johnson questioned the availability of parking spaces for the proposed town houses. City Planner Graser stated that each unit will have a double attached garage. Councilman Busse questioned the egress and ingress of the 8' driveway on the corner lot of 9th Avenue P, 5th Street. His concern being if two cars would meet in the drive- way would one have to back onto 9th Avenue. Also, the possibility of putting in 12' drives instead of 8'. Chairman Speiker asked if any thought was given to eliminating the approach off 9th Avenue and putting the approach off 5th Street to the back of the lot. Mr. Gibbish felt this would cause to much loss of the green land surrounding. Commissioner Fitzgerald made a motion to approve the preliminary proposal of the sub- division of the Bluff Heights 2nd Addition subject to the drainage easement as outlined by staff and subject to the inclusion of 12' driveways on 9th Avenue and 5th Street as per recommendation. With no discussion, and upon a vote taken the motion was duly passed and the Gary Gibbish subdivision Public Hearing was adjourned. Before the next item on the agenda was called to order, Commissioner Johnson suggested that he sit out on this matter because he was directly involved in this project. Chair- man Speiker stated that the chair would desire that Commissioner Johnson did sit in on this matter as a participating member of the Planning Commission. Chairman Speiker stated that it would be noted in the records that Commissioner Johnson had made a dis- claimer as an interested party in this matter. 4 -I- (612) 4474230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372 Chairman Speiker then called to order the next item on the agenda, that being the Denny Fitzgerald Public Hearing on Franklin Trail Estates. Mr. Denny Fitzgerald was present and gave his presentation to the Planning Commission. Chairman Speiker stated that staff had rendered an objection of the presentation of the data received as being incomplete in several regards. He also stated that in order for the commission to give Mr. Fitzgerald a fair hearing they would need all the infor- mation requested such as; utility services, roadways, drainage plans, elevations, and also that all plans be in legible form. Chairman Speiker was concerned if Mr. Fitzgerald would be able to answer all questions directed at him by the Commission, so that he would get a fair hearing. Mr. Fitzgerald stated that he could answer the questions pertaining to the buildings, the development and the construction of the buildings. He also stated that he had hired engineers to do the rest of the work for him pertaining to the r dways, drainage plans, etc.. fie also stated that he would do his best to answer the questions directed at him. He also stated that time on this project is essential. Mr. Fitzgerald then called upon his attorney, Mr. Gregory Roth. Attorney Roth stated that they would be in a position to answer questions from the commission. He also stated that they were not informed until Wednesday prior to the meeting of the other items that had to be submitted and they did not have enough time to get them to staff. He also stated that time is of the essence and any delay could be fatal to the project. Chairman Speiker once again stated to Mr. Roth that question has been brought forth by staff that presentation in its entirety is not as adequate as the subdivision ordinances and procedures of the city call for. He also stated that procedures and requirements for a subdivision are available. Mr. Roth stated that it would be their position to request the board to make a preliminary approval pending Mr. Grasers approval of the plans or to call a special meeting of the board when the plans can be prepared. Chairman Speiker stated that they are prepared to conduct a Public Hearing as scheduled. Once again he stated that his concern was that all the evidence be brought forward at this Public Hearing so that the commission could make a fair and impartial and intell- igent recommendation to the Council and that there were no delaying tactics going on. Mr. Roth stated that they would like to go ahead with the Public Hearing. With no imput from the public, Mr. Graser was called upon to make his presentation. City Planner Graser presented his recommendation as stated in his memorandum of May 3, 1979. Mr. Graser recommended tabling of this matter due to insufficient data namely; utility plans, roadways, drainage plans, property within the 500' of the subdivision, county re- view, and overall legibility of the plans. Mr. Graser was then asked by Chairman Speiker to elaborate on the fourth issue; property within 500' of the subdivision. Mr. Graser stated that in accordance with the ordinance we require that property within 500' of the subdivision be included in drainage easements, or any kind of easements, homes, right of ways, curb cuts, roadways, potential roadways, etc. Chairman Speiker then asked if Mr. Graser felt that he could not make an intelligent rec- ommendation based upon evidence presented to him. City Planner Graser stated that this was correct. Chairman Speiker then called for other comments. Mrs. Beth Jones wanted to know what the difference in the drainage easement of this year from last year was. City Planner Graser stated that he did not know because he did not have those plans in front of him. Mrs. Jones then stated that approval was given last year on the same drainage plan and she -2- questioned why it was unacceptable now. Chairman Speiker then stated that this request stand or falls the merits of the information presented at this meeting not on what may have been p vented in the past, because some commission members may not be familiaro with what tran, red one year ago and they can only make a decision on what is prrsented to them the nil, of this meeting. Commissioner Fi rrald stated that he felt he could not make a decision on this matter because their a no facts to go on, and that he would have to speak out against any kind of a decis on this matter at this time. Commissioner Jul . :on, again noting his interest in this matter, stated he felt that the builder had left everything up to the engineer and the job wasn't done. He also stated that time was of the essence in this project and a concept approval would be recommended at this time. Motion was made by Commissioner Fitzgerald to table this matter and to re- schedule for the first available time for a Public Hearing on a future date. The Public Hearing was then re- scheduled for May 17, 1979 at 10:15 P.M., this was seconded by Commissioner Johnson. With no discussion being made end upon a vote taken the motion was duly passed to continue this Public Hearing until May 17, 1979 at 10:15 P.M. Chairman Speiker then adjourned the Denny Fitzgerald Public Hearing. Chairman Speiker recognized Charles Mass. Mr. Mass presented a petition for an amendment; section 4.2 of the Prior Lake zoning ordinance reducing the amount of land required in A -1 zoning district for a single family dwelling from a 10 acre parcel with a 500' min- imum width to a 2 -'- acre lot with a 150' width minimum. Chairman Speiker questioned Mr. Mass as to extinuating circumstances as to why this shou' be favorably considered. Mr. Mass stated that he owns a parcel of land which contains 330' width and he feels that this should be adequate for building a single family home. In calling for imput from the commission members, Commissioner Fitzgerald noted that changing this from 10 to 40 acres had been discussed. Mr. Mike McGuire, City Manager, suggested that this be reviewed along with the other proposal in the Comprehensive Plan. Mr. Graser stated that he felt the Planning Commission had no choice but to review this particular case according to section 8.5 of the Prior Lake zoning ordinace as stated in paragraphs therein. Commissioner Fitzgerald made a recommendation that this matter be placed along with other public imput with regard to the Comprehensive Plan as stated earlier by Mr. McGuire. Motion was made by Commissioner Fitzgerald to deny the proposal requested by Charles Mass. This was seconded by Commissioner Johnson. In calling for discussion Chairman Speiker stated to Mr. Mass that City Planner Graser would give documentation as to what proceedure is required for a variance request. Mr. Graser noted to the commission that he felt this zoning ordinance should be amended now rather than waiting for this fall. He felt that a variance would resolve nothing and it would give no future guide lines. Recommendation was made by staff to schedule a Public Hearing on June 7, 1979 at 7:30 P.1:.,r ;'! Chairman Speiker then called for a vote to be taken on the motion to deny the proposal re- quest made by Commissioner Fitzgerald; motion failed and a motion to schedule a Public Hearing was called for by Chairman Speiker. Commissioner Johnson made a motion to schedule a public hearing on June 7th, at 7:30 P.M. this was seconded by Chairman Speiker. With -3- no discussion the motion was duly passed to schedule a Public Hearing Chairman Speiker called to order the Cy Schweich Public Hearing. Due to the fact that there was a death in the Schweich Family, Mr. Schweich was not present at the meeting. Recommendation was made by City Planner Graser to rc- schedule this Public Hearing for June 7, 1979, at 8:45 P.M.. Motion was made by Commissioner Johnson to re- schedule this Public Hearing for June 7, 1979 at 8:45 P.M., seconded by Commissioner Fitzgerald and with no discussion being heard and upon a vote taken the motion was duly passed. Chairman Speiker called the Ken Hennen variance hearing to order. Mr. Hennen was not present at the meeting. City Planner Graser made a presentation in the absence of Mr. Hennen. It was noted that Mr. Hennen was requesting a 9' front yard variance for Lot 1, Block 35, Spring Lake Townsite. Mr. Graser made his recommendation to staff stating that because all of the lots along Center Road are SO' lots, predetermening the style of development in this neighborhood. Commissioner Fitzgerald stated he felt it was difficult to make any decision on this without the applicant being present unless it was an acceptance or a rejection of the specific proposal. A motion was made by Commissioner Fitzgerald to deny this variance request, seconded by Commissioner Johnson. Mr. Graser asked for specific reasons for denial. Commissioner Fitzgerald stated be- cause there was lack of imput from the applicant. With no further discussion and upon a vote taken motion to deny this variance request was duly passed. Chairman Speiker adjourned this hearing. Chairman Speiker called the John Mahoney variance hearing to order. Mr. Ron Schmidt, agent for John Mahoney was present and gave his presentation to the Planning Commission as to justification for the 3' rear yard variance for Lot 1, Block 4, Gateway Shores. City Planner Graser gave his presentation to the Planning Commission with a recommen- dation to approve a 3' rear yard variance. Motion was made by Commissioner Johnson to approve a 3' rear yard variance for Lot 1, Block 4, Gateway Shores, this was seconded by Chairman Speiker with the addition that this would not be contrary to public interest and it is not a detriment to the adjoining property owners. With no discussion being heard and upon a vote taken the motion to grant the variance was duly passed. Next item on the agenda was the Ben Calmenson variance.request. Mr. Calmenson was not present at the meeting and in his absence staff was called upon to make a recommendation. Mr. Graser made presentation to the Planning Commission to consider a 75' lakeshore variance for Lot 40, Northwood Addition to construct a boat storage facility. It was Mr. Graser's recommendation for a denial on this variance request. Motion was made by Commissioner Fitzgerald to deny this variance request because there are no hardships involved in this particular lot. This motion was seconded by Commissioner ,Johnson. Hearing no discussion and upon a vote taken the motion was duly passed. -4- Chairman Speiker called to order the Warren Isrealson Public Hearing on Amen Acres preliminary Plat. Mr. Isrealson was present and gave his presentation on the preliminary plat to the Planning Commission. City Planner Graser gave his presentation to the Planning Commission as stated in his memorandum of May 3, 1979 regarding the Warren Isrealson Preliminary Plat. Chairman Speiker was concerned about the drainage off the hill onto lots 5,6,7, F 8, because it may cause an erosion problem. A motion was made by Commissioner Johnson for preliminary approval contingent upon: 1.) Drainage problems being resolved; 2.) Storm water adjacent to lot 20 be channeled via a storm sewer; 3.) Gospel Trail at intersection of Fish Point Road be 50' at .75% grade; 4.) dedication of additional drainage easement over lots 18 $ 19. The motion was seconded by Commissioner Fitzgerald. With no discussion and upon a vote taken was duly passed. Chairman Speiker adjourned the Warren Isrealson Public Hearing. The Dennis Swenson variance was called to order by Chairman Speiker. Mr. Swenson was not present at the meeting. City Planner Graser made a presentation to the Planning Commission in the absence of Mr. Swenson. Mr. Graser stated that a variance request had been received to consider a 32' lakeshore variance to add a deck to the existing house on the lakeside for Lot 50, Lakeside Park. Mr. Graser made a recommendation to approve this variance request. A motion was made by Commissioner Johnson to approve a 32' lakeshore variance on Lot 50, Lakeside Park contingent upon building blue prints of the deck being submitted. This was seconded by Commissioner Fitzgerald. Upon a vote taken the motion to approve was duly passed. This variance request was adjourned by Chairman Speiker. Chairman Speiker called to order the variance request of Greg Ingebos. Mr. Ingebos was present at the meeting and gave his presentation for the variance request to consider a 5' side yard variance for lot 10, and S -1/2 of lot 9, Oakland Beach, to build a garage. Mr. Graser was called upon to make his presentation to the Planning Commission regarding this variance request. Staff made its recommendation to approve the variance as applied for because of precedence and the proposal would not be detrimental to the general health and welfare, and property value of the neighborhood. Councilman Busse made note that the plans show this as being 24' from the street. Mr. Graser stated that this will have to moved on foot back towards the house. Motion was made by Commissioner Fitzgerald to approve this variance request as made, this was seconded by Commissioner Johnson. With no discussion being heard and upon a vote taken, it was duly passed. Before adjournment of the meeting Chairman Speiker commented on the fact that those mem- bers appointed to the Planning Commission have an obligation to attend meetings. It is also a matter of record that if you cannot attend these meetings, an effort should be made to contact Mr. Speiker or staff informing them. Motion was made to adjourn by Commissioner Fitzgerald, seconded by Commissioner Johnson and hearing no discussion and upon a vote taken this meeting was adjourned at 10:25 P.M. -5-