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HomeMy WebLinkAbout12 19 1974 Planning Commission minutesCITY OF PRIOR LADE, MINNESOTA 55372% PRIOR LAKE PLANNING COMMISSION AGENDA December 19, 1974 7:30 P.M. Daphne Moser — Renewal of Conditional Use Permit. 7:45 P.M. Discussion THE CENTER OF LAKE COUNTRY CITY OF PRIOR LAKE. MINNESOTA 55372 MICHAEL A. MCGUIRE, ADMINISTRATOR y (612) 447 -4230 PRIOR LAKE PLANNING COMMISSION AGENDA December 19, 1974 7:30 P.M. Lemley Replat 8:30 P.M. Discussion THE CENTER OF LAKE COUNTRY CITY OF PRIOR LAKE, MINNESOTA 55372 PRIOR LAKE PLANNING COMMISSIC.J - December 19, 1974 The meeting of the Prior Lake ^Ianning Commission was called to order at 7:40 P.M. by Chairman Bissonett. Members present were: Chairman Bissonett, Stack, Jobst, Thorkelson and Councilman Watkins. Also present were: Mayor Stock, Councilman Williams & Oakes, Administrator McGuire, Administrative Assistant Sullivan & Attorney Sullivan. Members absent were: Tercero, Houts. Motion was made by Stack to approve minutes of the previous meeting, December 5, 1974, as submitted, seconded by Jobst and upon a vote taken, it was duly passed. First item on the agenda was Daphne Moser, review of her six month conditional use permit, to operate a one chair beauty shop in her home with no on street parking. Motion was made by Stack to grant the conditional use permit for an indefinite period of time, subject to review if complaints are received, extending said conditions placed on the conditional use permit (one chair operations and no on street parking), seconded by Jobst and upon a vote taken, it was duly passed. At this time Councilman Oakes presented to the Planning Commission his opinion on the re- platting of Lot 8, Block 2, Lakeside Manor 2nd Addition by Mr. Elman Lemley. Councilman Oakes made it clear that he felt that the enforcement of the covenants is a private matter but adherence to the ordinance (4.1, Sec. I) is the City's problem. If the City must infringe into a private matter that there was a reasonable possibility if the City follows the pro- cedure that the State Legislature set forth and return that 27 feet which was dedicated by Mr. Lemley when the subdivision was platted, which would have to be bid on, being land in the public domain, and if that got properly constituted, there is a possibility of the person in question, being successfully stipulated to possibly return it to the association. Then Mr. Oakes pointed out that there is several deferred assessments in Lakeside Manor and what is going to happen when one of these people decides to split up their lot, where are they going to get this 10 feet of lakeshore that they will need to conform to the ord- inance. Chairman Bissonett turned the meeting over to Councilman Watkins at this time. Mr. Watkins explained that Mr. Lemley had approached the Council with the hardshell of the replatting of Lot 8, Block 2, Lakeside Manor 2nd Addition on Monday night at the City Council meeting and the hardshell in his opinion did not meet the requirements established by the Planning Commission and later the Council. Mr. Lemley was told that he would have the opportunity to present any request and /or additions to the replat at this Planning Commission meeting. Mr. Howard Blum, Attorney, representing Mr. Lemley, introduced himself to the Planning Commission and stated that he felt that Mr. Lemley had developed this subdivision well and it was an asset to the community. Mr. Blum stated that he didn't understand exactly what the problem wa:s. Mr. Watkins explained that the replatting of Lot 8, Block 2, Lakeside Manor 2nd Addition had been granted, providing that 4.1, Sec. I, of the Zoning Ordinance „was satisfied. Mr. Blum: Why do you insist that these conveyances accompany the approval of this replat2 Mr. Watkins: Anything other than that would be subject to a private sale, of which the City has no jurisdiction. Mr. Lemley: There are still some 147th and 194th left. (1) THE CENTER OF LAKE COUNTRY Mr. Watkins: one 1 /47th yr une 1 / could not add ap to what the ordinance requires. Mr. Watkins Lhen asked how the title of the park was con-Teyed. Mr. Lemley explained ',hat it was conveyed through a seperate warranty deed. Mr. Blum: There is undivided interest in tenancy in common to that outlot, so when you convey you cannot convey; one part of that. lot but a 1/47th or 1/94th interest in that lot without saying what part of that lot that individual ownes. Mr. Blum reminded the Planning Commission that the original plat called for forty —seven buildable lots and now in breaking this parcel down into three lots, Mr. Lemley still only has 47 buildable lots. Mr. Bissonett: Then this plat was approved by a Planning Commission and Council on the basis of having 47 shares. Mr. Stack: There must be something about 1/47th's on the covenants, registered at the Register of Deeds office at the County Court House. They are a part of and go along with the original plat. Mr. Lemley: Mr. Stack is wrong about this, there is nothing on the covenants about 1 /47th's in the Register of Deeds Office, there is nothing anywhere about these 1/47th's except the issuing of these warranty deeds. Motion was made by Jobst to table further discussion on this matter until a legal opinion is received from Attorney Sullivan, seconded by Stack and upon a vote taken, it was duly passed. Cyril Schweich came before the Planning Commission to ask the Planning Commission's opinion on the development of a piece of property, after further.discussi.nn, it was decided that further study needed to be done to determine what the property was zoned. Mr. Schweich will be placed on the agenda for a future meeting. Mr. Lemley was scheduled on the agenda for 7:30 P.M., January 2, 1974 Motion was made by Stack to adjourn the meeting at 10 :00 P.M., seconded by Jobst.,, Motion; carried. Next meeting will be held January 2, 1974. Submitted by, SHIRLENE CRAIG, Secretary December 5, 1974 7 : 30 P.M. Lemley Replat 8:30 P.M. Rayfield Robinson — Conditional Use Permit. THE CENTER OF LAKE COUNTRY CITY OF PRIOR LAKE, MINNESOTA 55372 PRIOR LAKE PLANNING COMMISSION MEETING — December 5, 1974 The Prior Lake Planning Commission was called to order at 7:40 P.M. by Chairman. Bissonett. Members present were Chairman Bissonett, Tercero, Stack, Routs, Thorkelson, Jobst, Councilman Watkins & Administrative Assistant Sullivan. First item on the agenda was a public hearing on the replatting of Lot 8, Block 2, Lakeside Manor 2nd Addition, (Breaking this one parcel down into three lots). Chairman Bissonett, at this time, explained the procedures of a public hearing and introduced the Planning Commissioners, then Administrative Assistant Sullivan read the notice of public hearing as published in the Prior Lake American. Mr. Lemley & Mr. Olson took the floor and gave a brief presentation of the proposed replat of Lot 8, Block 2, Lakeside Manor 2nd Addition, stating their reason for replatting was this one parcel is much too large to build one or two homes on. Chairman Bissonett opened the floor for those in favor of the replat. Mr. Joe Wise (Lot 9, -- Lakeside Manor) stated that he was in favor of this replat because he thinks it will add to ,he area. Mrs. Marlene Lewin: What would the lot sizes be? Mr. Olson: 110 ft., 158 ft., 138 ft. Mr. Chuck Weber: Would these three lots have the same Lakeshore rights as the rest in the area, if the present ordinance states 10 ft. of Lakeshore per back lot. Mr. Pat Klein, Mrs. George Algren and Mrs. Karen Algren all had questions on this same subject. Councilman Watkins: This is not a question that the Planning Commission can answer, it is a legal question to be answered by the City Council or City Attorney. All the Planning Commission can do is approve the configuration if it complies with the present ordinances which it does. Mrs. Karen Algren and Mr. Lewin questioned the location of the driveways. Chairman Bissonett read the engineer's recommendations on the driveways. Mr. Olson pointed out where the driveways would be approximately on the plat. Councilman Watkins stated that if there were objections to the locations of the driveways, that they should be told to the City Council after the hardshell has been drawnup. Karen Algren asked if sewer and water was available for these three lots. Mr. Watkins: Yes, that sewer and water stubs are put every 100 feet. Motion was made by Watkins to approve the replat of Lot 8, Block 2, Lakeside Manor 2nd Addn. as shown to be platted under the ordinances, today, seconded by Thorkelson. The following Commissioners voted in favor: Tercero, Bissonett, Houts, Thorkelson, Jobst, and Councilman Watkins. Commissioner Stack opposed. Motion carried. (1) THE CENTER OF LAKE COUNTRY Mr. Hayfield Robinson came 'before the Planning Commission for a Conditional Use Permit `,o do auto repair, and light body repair in the existing garage on his property. Chairman Bissonett read a letter of approval by Mr. Robinson's neighbors, Mrs. Clare Muelken and Rev. Olson. Tercero made a motion to approve the Conditional Use Permit as proposed with the following stipulations: 1. Mr. Robinson must have written approval by the Fire Marshall Delbert Busse. 2. No more than two inoperative vehicles, or vehicles being worked on, be parked outside the garage at any time. 3. This Conditional Use Permit be subject to review once a ,year, seconded by Thorkelson and upon a vote taken, it was duly passed. Stack made a motion to move to discussion in the round, seconded by Thorkelson and upon a vote taken, it was duly passed. Discussion in the round was then terminated when Mr. Karl Mickus came before the Planning Commission for the purpose of getting approval for building a new building on part of Lot One and Two, Block 4, original Town kite. Motion was made by Tercero that a variance be granted to Mr. Mickus subject to Mr. Mickus being able to lay out sufficent parking (29 spaces). Seconded by Thorkelson. Amendment was made by Mr. Bissonett that the parking spaces be painted in. Upon a vote taken, it was duly passed. Mr. Thorkelson made a motion to adjourn @ 10:49 P.M., seconded by Tercero and upon a vote taken, it was duly passed. Next meeting will be December 19, 1974 Submitted by, SHIRLENE CRAIG, Secretary