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HomeMy WebLinkAbout3 PC meeting minutes 03 04 2013PRIOR LAKE PLANNING COMMISSION MINUTES MONDAY, March 4, 2013 1. Call to Order: Chairman Phelan called the March 4, 2013 Planning Commission meeting to order at 6:00 p.m. Those present were Commissioners Phelan, Hite, Roszak, Planner Jeff Matzke and Community Development Assistant Peter Aldritt. 2. Approval of Agenda: MOTION BY PHELAN, SECONDED BY HITE T AGENDA AS PRESENTED. VOTE: Ayes, Phelan, Roszak and Hite. The.,P 3. Consider Approval of February 4, 201IM" MOTION BY PHELAN, SECONDED`:B ,::ROSZAK MEETING MINUTES. VOTE: Ayes, Phelan, and Roszak. The Mot!0W` ar Commissioner Hite abstai.rled,from votingd,pe to h'e she did attend the workslo` th`atevenin 4. Public Hearing6 A. EP# 13-102 14 proposing tq,al[ow,a wpte the minimuFri"'lake setbacl property isl.gcated along'' Planner Matzkepresented tha variances from tf0�pinimum lal maximum area requirement for 14534 Glendale Averue:1- Commissioner Questions: carried. MARCH 4, 2013 MEETING utes: ROVE THE FEBRUARY 4, 2012 the previous meeting (note: dale,.Avenue ':Variance Requests. Russell Sampson is :accessory strias ure which would require variances from am height:a,nd.rri'aximum size requirement. The subject rfi shores oft", er Prior Lake, west of Rustic Road. ussell,' ampson, owner of the subject property, is requesting hone structure setback, maximum height requirement, and tater oriented accessory structure on the property located at Roszak asked about removal of the roof, and whether there could be a temporary roof, such as those on boat lifts that would be in compliance? Planner Matzke responded yes that may work; staff discussed with the applicant what is classified as temporary with some flexibility there. Hite asked if the roof were to be removed could the roof posts be allowed? 1 Planner Matzke responded that when city staff evaluates this in terms of a structure, staff considers the height. All parts of the structure would have to be under the height requirements. MOTION BY PHELAN, SECOND BY ROSZAK TO OPEN THE PUBLIC HEARING AT 6:92 PM. VOTE: Ayes, Phelan, Hite, and, Roszak. The motioned carried. Applicant's Attorney Allison Gontarek stated that the height variance request should be 3 to 4 feet. There was an error in the original measurement. The reason for the variance request is for reasonable use of the property. The structure is not impeding any one else's use to the lake, and it does not block other's view. The zoning ordinance was changed in 2009 which leaves numerous other water -oriented structures as non -conforming; this is misleading to other citizens. Applicant Russell Sampson presented that he consulted a former city employee on the proposed structure. He was under the impression that if he kept it less than 120 square feet, he would not need a building permit, but rather, a zoning permit. He then presented the process of how he constructed his tiki-hut style structure, and the reasoning he used for the placement, size and height. Commissioner Questions: Hite asked whether the deck would be impervious if the roof removed? Planner Matzke responded that decking is not impervious if the deck boards are spaced at least a % inch. Roszak asked whether this could be a temporary roof if the straw roof was removed? Planner Matzke responded that the structure itself would still be in violation. A pergola itself is considered a structure due to its height. Mary Freyberg 114525 Glendale Ave stated that she has enjoyed using the tiki but and believes it is aesthetically pleasing. Jim Ciabationi 6625 Rustic Road stated that the tiki but is an enhancement to the neighborhood. He is concerned that the city did not have a legitimate complaint for the tiki hut. Zach Grammers Oakland Beach Association President stated that he likes the tiki hut. He has not had any complaints to him from any of the association members or other neighbors. Hite asked whether there was a poll of the members of the association about the hut? Grammers responded they did not, but discussed it at the last meeting which was about a month ago. 2 Curt Erickson 14613 Maple Trail stated he is in support of the tiki hut. If the applicant was allowed to have a temporary canvas structure, he would like to see the grass because it acts as a filter versus having the rain run off a canvas tarp. John Schulberg Oakland Beach Association Vice President stated his support for the tiki hut. MOTION BY PHELAN, SECOND BY HITE TO CLOSE THE PUBLIC HEARING AT 6:34 P.M. VOTE: Ayes Phelan, Roiszak, and Hite. The motion carried. Hite asked if there have been any other requests similar to this since the new ordinance has gone into effect? Planner Matzke responded not to his knowledge. Phelan asked whether the square footage and the height both exceed the ordinance limits? At what point does this not become a structure anymore? Planner Matzke responded that the city views this in parallel with other structures; for example; retaining walls over four feet and fences over six feet are a structure. With this, it would be difficult to get the roof structure down around 4-5 feet tall. Commissioner Comments: Phelan stated that he is conflicted on the issue. There are three variance requests from the ordinance for height, size and setback to the lake. Any one of those three independently would be less onerous. The one key point that was advised to Mr. Sampson by the city was that if there was not a roof, there would not be a problem. In conjunction with the size and proximity to the lake, there is a violation today. Phelan stated his concern about the tone of the public suggesting that the code enforcement officer was looking for violations. Phelan stated that he confirmed with city staff that there was an official complaint that is confidential. Hite understands the fact that there are other similar structures on the lake that may or may not have been built after the ordinance change in 2009; however, this specific structure is what is under review tonight. The tiki but is an amenity, but it is not necessary for reasonable use of the property. She does not see a compelling reason to grant the variances. Roszak stated that given the hardship requirements, he cannot support the variance. Sampson asked it is an option to have the structure temporary like a fish house? Planner Matzke responded that in the case of the variance, if if is classified as a fish house, then it would not need the same type of variances that is under consideration tonight. Fish houses are allowed to be stored on the shore. However, the city would look at the intended use of the structure. Phelan asked if the applicant makes this a nonpermanent structure, is there a variance request before the commission? Planner Matzke responded that the definition of a structure is that anything that is attached to or has placement on the ground. It does not necessarily clarify that it must have a footing in the ground. Hite stated she does not support the variance. The applicant has alternatives for placement that would be code compliant. He has alternatives to reduce the height of structure and make it smaller. This does not interfere with his reasonable use of the property. It is not the principal living structure, and it is not in harmony with the general purposes of the zoning ordinance. Roszak stated he agreed with commissioner Hite, and he is not able to support the variance. Phelan stated this does not prevent reasonable use of the property, and there is not a practical difficulty. He has empathy for the applicant, but he is unable to support the variance. MOTION BY HITE, SECONDED BY PHELAN TO DENY THE 3 VARIANCES RELATING TO THE WATER ORIENTATED STRUCTURE. VOTE: Ayes, Phelan, Roszak, and Hite. The motion carried. 5. Old Business: None 6. New Business: None 7. Announcements and Correspondence: A: Recent City Council Discussions/decisions Planner Matzke presented items from the February 25th City Council meeting. 8. Adjournment: MOTION BY PHELAN, SECONDED BY HITE TO ADJORN THE MEETING. VOTE: Ayes, Roszak, Hite, and Phelan. The Motion carried. The meeting adjourned at 6:54 p.m. Peter Aldritt, Community Development Assistant 4