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HomeMy WebLinkAbout1979 September Planning Commission MinutesCITY OF PRIOR LAKE PRIOR LAKE PLANNING COPA1ISSION AGENDA September 20, 1979 7:30...... Karl Bohn Variance 7:45...... Discus=sion Agricultural lot size - Planner will make presentation (612) 447 -4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372 CITY OF PRIOR LAKE PRIOR LAKE PLANNING COMMISSION MINUTES SEPTEMBER 20, 1979 The September 20, 1979 meeting of the Prior Lake Planning Commission was called to order. Present at the meeting were Commissioner's Arnold, Johnson, Fitzgerald, Warmka, Chairman Speiker, Councilman Busse, and City Planner Graser. Motion to approve the minutes of the September 6, 1979 Planning Commission meeting was made by Johnson, seconded by Warmka. Upon a vote taken motion was duly passed and the minutes were approved as published. Item I, a variance request by Karl Bohn for Lot 3, North Grainwood was called to order. Mr. Bohn was present at the meeting. Denny Griswold, the landscape architect for the project gave a presentation to the commission. The request is to consider a 7' side yard variance from the south property line, a 3' side yard variance from the North property line, a 56' variance from the lakeshore set back and a 9' front yard variance. Mr. Graser gave his presentation. He noted that North Grainwood consists of nine lots of similar size. Access to this plat is via a 16.5' publically dedicated road- way. The only legal access to this plat is via an easement across the railroad tracks and out to County Road 21. Sewer and water was recently made available to all lots in North Grainwood. There is one lot that is developed with a year -round home and one with a remodeled cabin. The remainder of the lots are vacant, or have dilapidated structures on them. On street parking would be a problem, espec- ially in the winter. Staff has recommended a five foot gravel or blacktopped area be provided to provide some relief from on street parking. He noted that the subject parcel contains about 4200 square feet with the proposed house covering 32 %, this is almost double what the Prior Lake Zoning Ordinance calls far. Staff has also recommended that the greatest set back should occur from the North property line. Installation of gutters to channel water away from adjacent property has also been recommended. Major concern of the commissioners was the size of the home and the amount of coverage ratio on this lot. There was concern about the home being so close to the lake shore, it was the general feeling of the commissioners that this should be aesthetically and environmentally pleasing. It was noted that the house is 34' deep x 59' wide with a 20' x 20' garage. Motion was made by Fitzgerald to grant the variance on this lot setting presidence for lots under 6000 square feet to maintain no more than 25% coverage ratio; to have S' side yard variances and maintain a distance from the lakeshore,in this case of 25 feet; to provide to the City Planner or staff, drawings which would indicate aesthetic landscaping controls on the lakeside and per the other recommendations of staff, for gutters and blacktopped area of five feet, hearing no second to the motion, the motion failed for want of a second. -I- (612)447-4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372 In asking the Commission members what they felt about the coverage ratio; as to what it should be, it was the general feeling that it should be more than 18% but less then the 52 °, that is proposed on this lot. It was felt that the decision made in this case would set presidence for the remaining buildable lots in this Plat. Suggestion was made by Cit Planner Graser to have a single car garage instead of the double, this would allow more space on the lot and keep the home at a low profile. The developer could find no problem with this and it was acceptable to him. Motion was made by Fitzgerald to grant a variance for this lot as follows: grant one 5 ft. side yard variance from both sides, 25 foot set back from the lake; 20 foot set back from the roadway; coverage ratio not to exceed 25% of the total lot size area in a lot under 6000 square feet and the approval of that variance contingent upon the submission of a plan which maintains a low profile and pre- serves the natural element of the lakeside, seconded by Johnson. Upon a vote taken, the motion was duly passed. Item 11, Agricultural Lot size. A discussion was lead by City Planner Graser regarding agricultural lot sizes. Mr. Graser noted that there must be some discussion in the Comprehensive Plan as to how the rural service area will be regulated. As it is now, four building permits per forty acres can be issued. Mr. Graser requested that the Planning Commission have a recommendation regard- ing this by the next meeting of the Planning Commission. Motion was made by l4armka to adjourn the meeting, seconded by Johnson. Upon vote taken, motion was duly passed and the meeting was adjourned at 9:35 P.M. -2- CITY OF PRIOR LAKE PRIOR LAKE PLANNING COMMISSION September 6, 1979 _ AGENDA 7:35 Urban Scope - Rezoning 8:45 Urban Scope Subdivision 9:30 Jim Sorlien Concept Approval 9:45 Tom Vogel Conditional Use (612) 447 -4236 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372 CITY OF PRIOR LAKE PRIOR LAKE PLANNING COMMISSION Agenda Report 7:35 Urban Scope - Rezoning- public hearing Attached please find supporting material. The rezoning hearing should not be tabled since the subdivision hearing is somewhat dependent on the zoning. 8:45 Urban Scope - Subdivision Attached please find supporting material. 9:30 Jim Sorlien - Concept Approval Attached please find plan labeled 'Preliminary Subdivision Plan'. This is a small straight forward division. Staff will have a short presentation on this matter. 9:45 Tom Vogal - Conditional Use The previous owner of this home applied for a conditional use permit and was successful in obtaining one in January, 1979• One condition attached by the Planning Commission was that the permit became null and void upon the salve of the house. Staff recently found out that the basement apartment was being rented. Also, condition five was not complied with. Recently, the subject parcel was split into two lots with the subject parcel remaining about 15700 sq. ft. After obtaining the conditional use, the home was placed on the market as a duplex. Staff suggests an evaluation of policy for purpose such as this. Attached please find original write -up. (612) 447 -4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372 ANEW PRIOR LAKE PLANNING C'PNISSION MINUTES September 6, 1979 The meeting of the Prior Lake Planning Commission was called to order. Present at the meeting were Commissioner's Warmka, Johnson and Arnold, Chairman Speiker, Councilman Busse and City Planner Graser. Motion to approve the minutes of the August 2, 1979 meeting was made by Johnson, seconded by Warmka. Upon a vote taken, the motion carried and the minutes were approved as published. Item I, public hearing for James Refrigeration on rezoning, was called to order. Present at the meeting representing Urban Scope was Stelios Aslanidis, who gave a brief presentation to the Commission regarding the rezoning of ll'z acres on the Southwest corner of Highway 13 and County Road 42. City Planner Graser gave his presentation to the Commission. At this time he noted that there was a previous application to rezone this area approximately one and one- half years ago. At that time the Council did turn it down suggesting that it was premature and they wanted to take a look at the Comprehensive Plan that was about to commence. Mr. Graser stated that the land use portion of the Comprehensive Plan is done and that portion of land has been designated as commercial but it does not show whether this should be B -1, B -2, or B -3. However, staff felt that the Comprehensive Plan dad invision a convenience shopping center for the needs of the residents north of the lake. Mr. Graser stated that the zoning ordinance suggests two alternative ways of approaching this matter; one being B -1 zoning with with minimum lot sizes of 20,000 square feet, however, the B -1 zone includes only offices, bank and professional services. It has under the conditional use section retail and eating and drinking establishments. The second would be the B -2 community business which is essential business zoning, with no side yard set backs and uses zero set backs, or common wall type structures. Mr. Graser noted that the Planning Commission and staff had in the past been discussing revising of the zoning ordinance to allow a more open and diversified use under the B -1 zone. He stated that once this is zoned B -2, vertually a whole host of businesses can go in without much land control. Under the B -1 zone this would provide some protection in the form of conditional use. Staff suggested that the developer and the Planning Commission approach this under a sort of PUD concept at this time. Other items discussed were sewer availability, traffic generation at the intersec- tion of Highway 13 and Count Road 42. Input was called for from the public. Mrs. Helen Ochs felt that this area should be left B -1 with limited businesses. Don Williams felt B -1 zoning would be in the best interest of the neighborhood. He felt that B -2 conditional uses would allow some of the things that the neighborhood was in opposition to. He also felt that the park dedication should be cash rather than tennis courts. -I- (612) 447 -4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372 In calling for further input from the developer, ylr. Aslanidis stated that he could not understand why the zoning would he R -I , which is limiting and does not provide the opportunity for the services that should he provided by a neighborhood husine =s facility. Ile stated that he could not understand why it was being stated - _hat the Planning Commission was looking for control over what type of husiness would go into this center. Ile felt that the covenants that were established would assure the concerns of the commission and the City. lie also stated that he felt that their (Urban Scope) position was clear but the City's position was not clear as to land uses. Mr. (;7'a5er questioned how the city was to enforce the covenants in the proposal, after one structure goes in what kind of a guarantee is there that the entire area wouldn't he sold and James Refrigeration would be out of the picture and the City would be dealing with someone entirely different. Mr. Aslanidis stated that when James Refrigeration sells any portion of this property the covenants are going to be part of the condition of the sale. Input was called for from the Commissioner's. Warmka questioned why there would be an objection to B -I zoning with conditional use. Aslanidis stated that this is from a market stand point, how can you sell some- thing that is conditioned by what the City wants. Johnson stated that he felt the city does need control over that area and because he didn't think that the city would be able to enforce any covenants he was against that. In reference to the park dedication he felt it should be cash in leiu of land or tennis courts. He would like to see this area zoned B -1, with conditional use. ,r.'.. Speiker asked what type of business would be going in for the B -2 area. Aslanidis stated that the only type of business he was sure that would be going in is a PDQ store. Speiker asked if there would be any particular use invisioned going in the B -2 site that would not be permitted use under B -1, with conditional use. Aslanidis stated he would have no problems with this providing there would be a conditional use permitted. Graser stated that one other option that could be done is to recommend to the Council B -1 zoning with a blanket conditional use permit for the five lots shown as B -2. Motion was made by Warmka that the plat be accepted as B -1 totally, with a blanket conditional use under B -I becoming permitted uses for the five lots that are shown to the Planning Commission as proposed for B -2, seconded by Johnson. Upon a vote taken, motion was duly passed. An additional motion was made by Watmka that the presented covenants and restrictions be made part of the file plat. Seconded by Johnson. Upon a vote taken, the motion was duly passed. Item II, public hearing for James Refrigeration subdivision request. Representing James Refrigeration was Stelios Aslanidis who gave a presentation to the Commission regarding the approximate ll'- i acres on the Southwest Corner of Highway 13 and County Road 42. e_ -2- City Plainer Graser gacc his proecntation to the Commission as per his memorandum dated 9eptemher 6, 19?9, commenting on the possible future sub- dividing of the 1511,000 square foot lot which would be zoned 6 -1. He also was concerned about the intersection of the proposed Country Lane and High- way 13 as being potentially dangerous with the suggestion that the timing of the building permits correspond with channelization of Highway 13. Water ser- vice available to the site is via a 6" line, there was concern whether this would be adequate. The sewage capacity is limited due to small trunks and limited lift station capacity downstream. Concern was sho„a by the commissioners about the approach onto 42 from the two roads. The general feeling was to have one approach and possibly terminate Timothy and intersect with Country Lane. Potion was made by Warmka to accept the subdivision as proposed, seconded by Johnson. Upon a vote taken the motion was duly passed. It was also noted by the commission that the park dedication desired would be the $25,112.00 cash in leiu of land. At this time the meeting was adjourned for approximately 20 minutes to be re- conviened at 9:25 P.M. The meeting was reconviened at 9:25 P.M. Item III, requesting concept approval by Jim Sorlien was called to order. Mr. Sorlien was not present at the meeting. City Planner Graser stated that this is a proposed subdivision at the end of Northwood Road south of Island View plat. This plat consists of 5 lots. Sewer and water was recently brought into the area. The site consists of 1.43 acres and the maximum density would be 5 units. Comments from the commission were favorable towards this proposed subdivision. Motion was made by Johnson to give concept approval to this proposed plat subject to a 20' radius on lot 1, seconded by Arnold. Upon a vote taken the motion was duly passed. Item IV - request for a Conditional Use Permit by Tom Vogel. Mr. Vogel was present at the meeting but had no opening comments. City Planner Graser was called upon for his comments regarding this matter. He noted that the previous owner of this home, Wes Hukreide applied for a Conditional Use Permit and was successful in obtaining one in January of 1979. There were however, conditions attached to this permit one of them being that the permit become null and void upon the sale of the home, as the Planning Commission did not want to create a duplex for resale purposes. At this time the basement apartment is being rented and also condition five on the original conditional use, had not been met. This parcel, Lot 13, Green Oaks was recently split into two lots with the subject parcel remaining about 15,700 square feet. It was also noted that this home was placed on the market as a duplex. In calling for comments from the public, Mr. Bob Eckelman noted that he had checked when this home was put up for sale and it was marketed as a duplex. Mrs. Barb Stark made comment on the many cars parked on that corner and this was obstructing exiting from their driveway. Mr. Ike Rygajlo felt that his home had taken a de- preciation in value because of this subject parcel. Chairman Speiker made note that he had received a petition with twenty signatures in opposition to the conditional use. -3- Mr. Vogel was asked by the Commission how long he has owned the lot. He stated since Juno 1 2, 19 ?9, and that Mr. Hukreide still owned the back lot. Mr. Vogel asked if the problems with ! Hukreide would pertain to his Conditional Use Permit request. Speiker felt that it would, because Mr Hukreide did not comply with the stipulations on the Conditional Use and this would be germain to the discussion at present. Mr. Vogel asked whether the Planning Commission had fol'owed up on the stipulation that a double car garage be built, to see if 11r. Hukreide had done this before he started renting. Speiker stated that the Planning Commission did not have the time to check all of the Conditional Use permits to see if the applicant was in violation. Mr. Voge: also stated that when he purchased this home it was as a duplex. Motion was made by Johnson to deny the Conditional Use for the following reasons: 1. The Conditional Use was null and void at the time of the sale of the property. 2. The neighbor's object to it for the reasons pointed out at this meeting. 3. The conditions recommended by staff at the tine of the conditional use were not met. seconded by Arnold. Upon a vote taken, motion was duly passed. Motion to adjourn the Planning Commission meeting was made by Johnson, seconded by Warmka and upon a vote taken the motion was duly passed and the meeting was adjourned at 10:43 P.M. -4-