HomeMy WebLinkAbout8A - O'Brien Zoning Request
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DATE:
INTRODUCTION:
BACKGROUND:
ALTERNATIVES:
STAFF AGENDA REPORT
8A
GINA M. MITCHELL, ASSOCIATE PLANNER
CONSIDER TIM O'BRIEN REQUEST TO APPROVE ORDINANCE 94-07
AMENDING CITY CODE TITLE 5, CHAPTER 5; AND ZONING ORDINANCE
83-6
MARCH 21, 1994
Tim O'Brien has petitioned for an amendment to the City Code and
Zoning Ordinance to allow large commercial vehicles to be
parked/stored outside on residential lots. Specifically the
application requests to amend Section 5-5-5(E) of the City Code
and Section 6.5(E) of the Zoning Ordinance by changing the
sentance, "such vehicles may be stored in residential areas if they
are parked in garages, II to "such vehicles may be stored in private
residential areas. II Without this phrase vehicles may be stored
wherever they can be legally parked. Attached, please find the
planning report and supporting documents.
The Prior Lake Planning Commissionn conducted a public hearing
on March 3, 1994. The applicant Tim O'Brien was present and
discussed the proposal with the Commission. The focus of the
discussion was on the survey of other communities that was
conducted by staff and the size and type of vehicle the applicant
has.
Staff did receive one letter of objection, and opposition was also
expressed at the public hearing. The Planning Commission found
the amendment inconsistent with the purpose and intent of the
Zoning Ordinance and Comprehensive Plan, and recommended to
the City Council to deny Ordinance 94-07 to amend Section
5-5-5(E) of the City Code and Section 6.5(E) of the Zoning
Ordinance.
1.
2.
3.
Approve Ordinance 94-07.
Table or continue this item for specific reasons.
Deny Ordinance 94-07 as recommended by the Planning
Commission.
RECOMMENDATION: Alternative #3.
ACTION REQUIRED: Depending upon Council discussion at the meeting.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY E."1PLOYER
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02Z00R
CITY OF PRIOR LAKE
ORDINANCE No. 94-07
AN ORDINANCE AMENDING PRIOR LAKE CITY CODE TITLE 5, CHAPTER 5;
AND PRIOR LAKE ZONING ORDINANCE 83-6.
The City Council of the City of Prior Lake does hereby ordain:
The Prior Lake City Code, Section 5-5-5(E) is hereby amended to read as follows:
OFFSTREET PARKING:
E. Motor vehicles over one ton capacity bearing a commercial license and commercially
licensed trailers shall not be parked on residential streets except when
loading, unloading, or rendering a service. Such vehicles may be stored in
private residential areas. Recreational vehicles and pickups are not
restricted by the terms of this provision.
The Prior Lake Zoning Ordinance, Section 6.5(E) is hereby amended to read as follows:
OFFSTREET PARKING:
E. Motor vehicles over one ton capacity bearing a commercial license and commercially
licensed trailers shall not be parked on residential streets except when
loading, unloading, or rendering a service. Such vehicles may be stored in
private residential areas. Recreational vehicles and pickups are not
restricted by the terms of this provision.
This Ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake, this 21st day of March, 1994.
ATTEST:
City Manager
Mayor
To be published in the Prior Lake American on the 26th day of March, 1994.
DRAFTED BY:
Lommen, Nelson, Cole & Stageberg, P.A.
1800 IDS Center
Minneapolis, MN 55402
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CITY (R PRIOR LAKE
APPLICATION roR NtENtMENl' '10 CITY <DOE, CXKP PLAN OR CI'1'Y ORDINANCE
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Applicant: 7/# (9'/3lCleY Bane Phone: ~-.!j;l1l/
/1 Work PW~: ~A."'L-
Address: /~j'.5"Wv:seo/L-~ #e r~,,~~~; ~L/.~ 7;J..."
Section of Ordinance or ~ Plan Amerdnent
is Iequested for: 5-5'6 .:5e c &-
Describe hnen<tnent: CoHH&/ZLJiL/ /letll~f, /?'Jt~
r.ShJ; AffAL~F'1J'
Reasons for the Pequest: (May Attach)
.sEe A17I101~O
SJBMISSION RFDUIREMENrS:
CA.) Canpleted application form. (B.), Filing Fee. CC.i Parcel Identification
tbtber (PID). (D.)Certified &.1rvey and Names of Property Owners Certified by an
Abstract Coopmy if lEquired by the Director of Planning.
ONLY <J:rolLEm; APPLICATIONS sw..L BE RE.VIEHID BY THE PLANNIN3 <XJoVttISSION.
To the best of ny knowledge, the information presented on this fom is correct.
In addition, I have read Section 7.9 of the City Zoning Ordinance which
specifies the rEquirements for amerdnents. I agree to provide information and
follow the proced1res as outlined in the ord~
~ s i911ature
SUbnitted this .t3..Q.day of G. '" 1A~"'7 19M ~ ..
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mus sa::rION ro BE FILLED 0l1l' BY THE PLANNIN3 DIRECroR
PLANNIN3 (Xlo1MISSION . _APPRCNID
CITY <DUN:IL _APPROlID
OONDITIONS:
DENIID
DENIID
HFARIN3 1Y\TE
HEARIN3 MTE
Signature of the Planning Director
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REASON FOR REQUEST
It is for the following reasons that I am requesting a
change in Prior Lake Code 5-5-5 Section E:
Section E of the Prior Lake code creates a financial burden
to those who choose to make their living owning and
operating a truck.
Offsite parking can run $30.00 or more per month. During
the winter months you can add another $30.00 a month or more
depending on how often the heaters are hooked up to
electricity and without electrical hookup. diesel trucks
will not start in below zero temperatures.
Another financial expense is the cost of a car for commuting
from home to the truck each day. In my case. this is the
cost of purchasing and operating a vehicle which would be
thousands of dollars more in expenses.
A third reason is the cost of the vandalism which occurs to
trucks left in unattended parking J~ts over night.
Maintenance is another critical ~~_ Most diesel trucyo
require minor mainten-!'....-~ :-:;. ci.a daily ba_':- ,,,,It:'1!''l~ ..~ _:j major
maintenance on s ~onthly basis. Unless I can park my truck
~t h~~~. ~here my tools. supplies and workshop are. I cannot
ad~quately maintain the vehicle to meet State and Federal
regulations.
I own just under an acre of land. I have built an area
specifically to park my truck. I pay roughly $4,000 in
property taxes and the parking of this vehicle vii my
... ,'- -:; _ prop.er1\Y causes no one- 1.n. tbi"S neighborhood ~ny
iFrCori~&nience \
Section E discriminates against truck owners/drivers. To
single out a group of people and create ordinances that have
an adverse effect on their
ability to earn a decent living is not good public policy.
I have parked my truck next to my house for over 5 years.
during which time there has never been a complaint either
made to me personally or to the City of Prior Lake. Now,
someone files a complaint and I can no longer park next to
my house. I find it interesting that this ordinance is only
enforced if a complaint is filed. There are many trucks
just like mine all around Prior Lake parked next to their
owners homes. Besides the reasons I have stated previously.
why have an ordinance that is enforced only upon a
capricious. malicious complaint?
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ORDINANCE AMENDMENT
5-5-5 Section E
Amend to read as follows:
Motor vehicles over one ton capacity bearing a commercial
license and commercially licensed trailers shall not be
parked on residential streets except when leading or
unloading. Recreational vehicles and pickups are not
restricted by the terms of this provision.
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O2ZOPR
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
PRESENTER:
PUBLIC HEARING:
DATE:
2
CONSIDER AMENDMENT TO SECTION 6.5(E) OF THE
ZONING ORDINANCE FOR TIM O'BRIEN
GINA M. MITCHELL, ASSOCIATE PLANNER
..x.. YES _ NO
MARCH 3, 1994
INTRODUCTION:
The City of Prior Lake has received an application for an amendment to the Zoning Ordinance from Tim
O'Brien. The specific request is to amend the Zoning Ordinance and City Code to allow Imge commercial
vehicles to be parked/stored outside on residential lots, in all residential Zoning Districts. The application
is being processed according to Section 7.9 of the Zoning Ordinance.
'This application has been filed as the result of a complaint received by the City Code Enforcement
Officer on November 3, 1994. The basis of the complaint was that the complaintant did not like the
vehicle being parked in a residential district, or the noise of the diesel engine starting up in the morning.
The applicant was advised of the code which prohibits the parking of commercial vehicles on any
residential street or on any residential lot, unless it is parked within a structure (Section 6.5(E) of the
Zoning Ordinance and Section 5-5-5(E) of the City Code). The applicant desires to park a commercial
vehicle on his property, (not enclosed in a garage), located at 14375 Watersedge Trail NE, and therefore
has submitted a proposed amendment to the Zoning Ordinance. Please see attached materials for
reference.
BACKGROUND:
The offstreet parking regulations were incorporated into the Zoning Ordinance in 1983. Historically, the
purpose of zoning is to separate incompatible uses. Commercial development is specifically segregated
from residential areas in order to protect the integrity of each type of land use.
The Prior Lake Zoning Ordinance is set up to separate commercial uses from residential neighborhoods.
Commercial uses are typically not pennitted within residential zones. The only exceptions would be those
uses listed as conditional uses by code and home occupations. Home occupations are typically restricted
so that there is no signage, exterior storage, nor any outward appearance of a commercial operation within
the neighborhood. The Sign Ordinance restricts signs within residential areas. In addition, Section
11-1-3-5:A-C of the City Code addresses the definition of a commercial motor vehicle and/or trailer, and
states that it is unlawful to park any such defmed vehicle on any residential street, except temporarily
while loading, unloading, or rendering a service. The purpose of these zoning regulations, as well as
offstreet parldng regulations, (Section 6.5), are to protect the character, aesthetics, property values, and
integrity of the residential zones.
DISCUSSION:
Staff conducted a survey of 10 communities and found that commercial vehicles are typically prohibited
from residential areas, or required to be parked within a structure. The research indicated that: 3
communities prohibit the parking of commercial vehicles in residential zones: 3 prohibit the parking
unless in a garage or structure; Shakopee allows the parking if the vehicle is not more than 9,000 pounds
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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and in a garage; Savage prohibits the parking of vehicles over 1.5 tons, unless it is in the garage of the
owner or operator of the vehicle, Bumsville prohibits the parking of a vehicle unless it is less than 2S feet
in length and it is their transpOrtation to work. (must not be on the street); Eagan permits the parking in a
residenijal district as long as it is not on the street The survey results indicate that the Prior Lake Zoning
Ordinance related to offstreet parking is consistent with regulations of other communities.
The request of the applicant is to change the Offstreet Parking Regulations (Section 6.5E) to allow
parking/storage of large commercial vehicles within residential zones. Please refer to the application and
supplemental information from Tim 0 'Brien for reference. The proposed amendment will affect all
residential zones, R-l, R-2, R-3, and R-4. The reasons for the proposed amendment relate to economic
and personal considerations of the applicant. Specific reasons were cited as: financial burden to those
who make their living owning and operating a truck; the expense of offsite parking (cost of the site, cost
of commuting to the storage area, and the vandalism to trucks left in parldng lots over night); and the
applicant also stated that he cannot adequately do maintenance on the vehicle unless it is at his home.
ALTERNATIVES:
1. Approve the amendments to the Zoning Ordinance and City Code as submitted.
2. Table or continue this item for specific reasons.
3. Deny the amendments based upon specific facts and findings.
RECOMMENDATION:
Altemative #3. Section 6.5E of the Zoning Ordinance was established to protect the character,
investment, and public health, safety, and welfare of residential neighborhoods. Commercial uses are
specifically excluded from neighborhoods in order to protect the living environment of residents of the
community. The research conducted by staff indicates that it is common practice to require large
commercial vehicles to be parked within a structure, if permitted at all. This application is before the
Planning Commission as the result of a complaint filed by a resident within the neighborhood. It is the
opinion of staff that the application should be denied on the basis that it is inconsistent with the purpose
and intent of the residential zoning districts. The request would result in a situation which would
negatively affect the public health, welfare, property values, and aesthetics of the community, and is
therefore inconsistent with the purpose and intent of the Zoning Ordinance and Comprehensive Plan.
ACTION REQUIRED:
A motion to recommend that the City Council deny the request to amend Section 6.5(E) of the Zoning
Ordinance.
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5-5-5
5-5-7
Use
Parking Spaces Required
Eating and drinking places and personal
service establishments
, for every 75 square feet of floor space
Bowling alleys
5 for each alley.
Recreational assembly places: e.g. dance
halls, night clubs
1 for every 50 square feet of floor space
. ____ _!n~us1!:i~.: Wt10lesaling
1 for e~h employee on the maximum
working shift
Oriv.in or fast food establishments
1 for every 15 square feet of floor space
(A) Parking spaces may be located on a lot other than that containing the
principal use with the approval of the Board of Adjustment.
(B) Any off-street parking lot for more than five (5) vehicles shall be graded for
proper drainage and surfaced so as to provide t concrete or bituminous
surface.
(C) Any lighting used to illuminate any off-street parking lot shall be so arranged
as to reflect the light rNr-t from adjoining premises in tny R District.
(D) All off-street parking areas shall have access from driveways rather than from
public streets. Said driveway access shall be limited to twenty four feet (24')
in width at the public street line.
(E) Motor vehicles over one ton capacity bearing a commercial license and
commercially licensed trailers shall not be parked in a residential area, except
when loading, unloading or rendering a service."'Such vehicles may be stored
in residential areas if they are parked in garages. Recreation vehicles and
pickups are not restricted by the tenns of this provision.
5-5-6: OFF-STREET LOADING: One off.street loading berth of not less
than thirty five feet (35') shall be provided for Ivery business and
industrial use with a floor area of more than ten thousand (10,000) square feet;
with one additional berth required for each additional twenty five thousand
(25,000) square feet of floor area.
5-5-7: TEMPORARY STRUCTURES: Temporary strUctures ancl trailers
used in conjunction with construction work shall be pennitted only
during the period that the constrUction work is in progress. Pennits for temporary
structu res shall be issued by the City Zoning Officer for a six (6) month period, but
are subject to the State Unifonn Building Code.
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"02ZOPN"
PUBLIC HEARING TO CONSIDER AN
AMENDMENT TO THE PRIOR LAKE
ZONING ORDINANCE 94-06
You are hereby notified that a public hearing will be held by the Planning Commission in the
Prior Lake Council Chambers at 4629 Dakota Street S.E. on:
February 17. 1994
at
7:35 P.M.
PURPOSE OF HEARING: To consider an amendment to Section 5-5-5:E of the Prior
Lake City Code and Section 6.5:E of the Prior Lake Zoning Ordinance 83-6, to allow
commercially licensed motor vehicles over one (1) ton capacity and commercially licensed
trailers to be parked in a residential area.
If you desire to be heard in reference to this matter, you should attend this meeting. Oral and
written comments will be accepted by the Planning Commission. For more information, contact
the Prior Lake Planning Department at 447 -4230.
Prior Lake Planning Commission
Published in the Prior Lake American January 29, 1994, and February 5, 1994.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
4
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"02Z0PI'
PUBLIC HEARING TO CONSIDER AN
AMENDMENT TO THE PRIOR LAKE
ZONING ORDINANCE 94-06
You are hereby notified that a hearing will be held by the City Council in the Prior Lake Council
Chambers at 4629 Dakota Street S.E. on:
March 21, 1994
at
7:35 P.M.
PURPOSE OF HEARING: To consider an amendment to Section S-S-S:E of the Prior
Lake City Code and Section 6.S:E of the Prior Lake Zoning Ordinance 83-6, to allow
commercially licensed motor vehicles over one (l) ton capacity and commercially licensed
trailers to be parked in a residential area.
If you desire to be heard in reference to this matter, you should attend this meeting. Oral and
written comments will be accepted by the City Council. For more information, contact the Prior
Lake Planning Department at 447-4230.
Prior Lake Planning Department
Date Mailed: March lO, 1994
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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changes to be considered are, dealing with a sign in a legal noo-<:onfonning use through a zoning ordinance
amcndmcnt, remove "string of bulbs" from Item 0 on page 8, and remove the wad "restaurant" from Item
E on page 10.
MOTION BY LOFtUS, SECOND BY ROSE1H. TO CONI1NUE TIm SIGN ORDINANCE TO
MARCH 17, 1994, AT 8:30 P.M.
Voce taken signified ayes by Loftus, Roseth, AmoJ.1 and Voohof. ManoN CARRlEO.
ITEM n . TO CONSIDER AN AMEM>MFNr TO SECIlON 6.5 (OFF...~J4ET PARKING) OF
THE PRIOR LAKE ZONING ORDINANCE
The public hearing w~ called to order at 8:25 P.M. The public was in attendance and a sign-up sheet was
circulated.
Tm O'Brien 14375 Wllersedge Trail NE, stated he feels the ordinance discriminates against business
owners that need to park tnlcks on their property and he is proposing a change to the zoning ordinance to
allow this. His vehicle in question is approximately 36 feet long and the complaint male against him is
unfounded in his opinion. He felt the ordinance imposed a fInancial burden on him
Gina Mitchell, Associate Planner, presented the infonnalion as per memo of Man::h 3, 1994. Ms. Mitchell
reiterated the presentation ma:Ie on February 17, 1994, stating the Prior Lake Zoning Ordinance is set up to
sepamte coJllllr:rcial uses from residential neighbaboods. The pmpose of these regulations as well as
off-street parking regulations (Section 6.5), are to protect the character. aesthetics, property values, and
integrity of the residential zones. RecalllllOkiation from Staff is to deny the request as it is inconsistent
with the pmpose and intent of the Zoning Ordinance and Canpehensive Plan
Hans Hennansen. 16316 Parle Avenue, spoke against the proposed amendment as Prior Lake has waXed
hard to create a pleasing atsmq>here in this coI11lTlll1ity. There is one place for residential living and one
place for COIl1Jlrrcial business. 1be shoreJand management does not allow this.
Kenneth LillybJad. 16W Lakeside.. voiced his opposition against the proposed amendment.
eo.rlll~ltS from the Commissioners were on; survey of other comrmnities, applicant WDS asked to desaibe
his type of vehicle (36 ftstraight tnlck, enclosed body, genaal frieght hauler. 11.500 lbs.), historically
enfoICement of ordinances is by a complaint process. and consensus was that the proposed amendment
wwld cause more problems than it woold solve. Canmissioner Loftus was somewhat in support of the
applicant's position with matifications.
Ml: O'Brien w~ asked to restate his proposal and added that he felt parlcing his vehicle off-site causes
hardship. vandalism potential. financial burden, and he did not see the difference between a garaged vehicle
or un-garaged vehicle.
Ms. Garross informed the Canmissioners of the ordinances for the City of Prior Lake and that the
ordinance in place does not prohibit SOmxll1e from having a truck just that it needs to be enclosed from
view.
Ml: Hermansen suggested that maybe two different laws are needed
ManoN BY ROSETH. SECOND BY VONHOF, TO RECOMMEND TO CITY COON'CIL TO DENY
AN AMENDMFNf TO SECIlON S-S-S:E OF lHE PRIOR LAKE CITY CeDE AND SECTION 6.5:E
OF 1HE PRIOR LAKE ZONING ORDINANCE 8~. RATIONALE BEING IT IS INCONSISTENT
WTIH 1HE PURPOSE AND IN1ENT OF THE ZONING ORDINANrn AND COMFREHENSIVE
PLAN.
PLANNING COMMISSION
Much 3. 1994
Page 2
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Vae taken signified ayes by Raidh, Voohof, and Arnold. Camissioner Loftus abstained. ManON
CARRIED.
MGnONBY ROSEiH. SECOND BY LOFruS, TO CLOSE mE PUBUC HFARING.
V<xc taken signified ayes by Roseth, Loftus. Arnold. and Vonhof. MOTION CARRIED. The Public
Hearing closed at 9: 12 PM.
ITEMm. VARIANCE. DAVE BERGERON
Dave Bergeron, 15291 Edgewater Circle, stated he wishes to add a 420 foot addition to their home. The
constIUctton wooJd consist of a bathroom and a sitting I'()()(l1fbursoy addition to the ~tec bedroom. The
request is for a nine (9) foot lakeshore variance from the 904 contour line.
Deb Garross. Assistant City Planner presented the infonnation as per planning report of March 3. 1994. The
subject site is appoxima1ely 45,000 square feet and located in the Shcreland District The lot is located on
the southeast edge of Matinsons' Islarxi and contains lakeshcre on two sides of the property. The site w~
developed in the 1960's and 1970's and homes were built under the jwisdiction of Eagle Creek Township.
Precedent has been set by variances granted in the neighborhood. The irregular shape of the parcel and
location at the point of an islarxi create a unique circumstance with respect to the subject site. The applicant
has planned the addition in regard to preserving the trees and blending with the neighlxxi100d. There are no
building coverage or impervious smface area variances required The I'eCOlllllleldation from Staff is to
approve the variance as requested Hardship is caused by the unique circumstances related to the property
being located on a islarxi, configuration of the property, and the variance does ob;erve the spirit and intent
of the zoning ordinance. The DNR was notified and did not have any cOIl'll'mlIS.
COuuklellts from the Canmissione:rs were; type of construction, setbacks. and all were in favCl' of the
variance.
MOTION BY LOFIUS, SECOND BY VONHOF, TO AFPROVE 1HE NINE (9) FOOT LAKESHORE
VARIANCE FOR 15291 EDGEWATER CIRa.E. RATIONAlE BEING IT HAS MEr 1lIE
CONDmONS FOR HARDSHIP, PRE{E)ENf HAS BEEN SEf AND IT WOUlD Nor BE
DE1RlMFNTAL T01lffiHEALlH ANDWELFAREOF1lffi COMMUNITY:
V<xc taken signified ayes by Loftus. Voohof, Arnoki, and Roseth. MOTION CARRIED.
0Jainnan Arnold announced that the new Commissioner would possibly be at the next meeting pending
approval by the City Council.
An uJXfate was given on the Planning COllllllSSion retreat scheduled for March 5, 1994.
MOTIONBYROOETH, SECOND BYVONHOF, TOADJOURN1lffiMBmNG
V<xc taken signified ayes by Roseth, Voohof, Arnold, and Loftus. ManON CARRIED.
The meeting adjourned at 9:28 PM. Tapes of the meeting are on me at City Hall.
Deb G3ITOSS
Assitant City Planner
Rita M. Schewe
Recording Secretary
IIDOO&~u
PLANNING COMMISSION
March 3.1994
Page 3
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PUBLIC HEARING
for
AMENDMENT TO SECTION 6.5 (OFF-STREET PARKING)
OF THE PRIOR LAKE ZONING ORDINANCE
OONOOCl'ED BY THE PLANNIN; a:t-1MISSION
THURSDAY,J FEBRUARY 17, 1994
This Public Hearing is scheduled for 7: 35 P .K.. The Planning Camnission
welcanes your comments. In fairness to all woo choose to speak, we do request
that after having spoken once, you limit further comments to pertinent or new
information. Thank you.
~..'1'l'ENtlMO: - PLEASE PRINl'
mME
ADDRESS , TELEPHONE #
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PLANNING COMMISSION
MINUTES
February 17, 1994
The February 17, 1994, Planning Commission Meeting was called to order by Chairman Arnold
at 7:30 P.M. Those present were Commissioners Roseth, Arnold, Loftus, Vonhof, Assistant City
Planner Deb Garross, Associate Planner Gina Mitchell, and Secretary Rita Schewe.
REVIEW MINUTES OF PREVIOUS MEETING
MOTION BY ROSETII, SECOND BY VONHOF, TO APPROVE TIlE MINUTES AS
WRITTEN.
Vote taken signified ayes by Roseth, Vonhof, Loftus, and Arnold. MOTION CARRIED.
A recess was called at 7:32 P.M. until the next scheduled agenda item. The Meeting was
reconvened at 7:35 P.M.
ITEM I - PUBLIC HEARING - CONSIDER AN AMENDMENT TO SECTION 6.5 OF
THE PRIOR LAKE ZONING ORDINANCE
The Public Hearing was called to order at 7:35 P.M. The public was in attendance and a sign-up
sheet was circulated.
As the applicant, TIm O'Brien, 14375 Watersedge Trail NE, was not present, Staff presented the
City's portion of the public hearing.
Gina Mitchell, Associate Planner, presented the information as per planning report of February
17, 1994. The application was filed as a result of a complaint on a diesel engine starting up early
in the morning and the parking of a commercial vehicle in a residential districL The applicant
desires to park this type of vehicle on his property. The Prior Lake Zoning Ordinance is set up to
separate incompatible uses. Commercial development is specifically segregated from residential
areas in order to protect the integrity of each type of land use. Staff has conducted a survey of
other communities and Prior Lake is consistent with the regulations of these communities.
Recommendation from Staff is to deny the application.
Kenneth Lillyblad, 16287 Lakeside Avenue, opposed the proposed amendment. Mr. Lillyblad
gave as an example a resident at 16292 Lakeside Avenue doing a landscaping business and the
problems that are caused with parking, unloading, and creating traffic hazards.
Lorraine Lillyblad, 16287 Lakeside Avenue, also complained on the P & H Landscaping trucks
having caused three accidents and on the noise during late hours in the evening.
A letter from Hans P. Hermansen, 16316 Park Avenue SE, stating opposition to the amendment,
was read into the record.
PLANNING COMMISSION
February 17, 1994
Page 1
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A recess was called at 7:50 P.M. to contact the applicant and verify if he had received the
notification of the meeting. A phone call was made and the applicant stated he had not received a
packet The meeting was reconvened 7:55 P.M.
MOTION BY LOFTUS. SECOND BY ROSE1H. TO CONTINUE 1HE PUBLIC HEARING
TO CONSIDER AN AMENDMENT TO SECTION 6.5(E) OF 1HE ZONING ORDINANCE
TO MARCH 3,1994. AT 8:00 P.M.
Vote taken signified ayes by Loftus, Roseth, Arnold, and Vonhof. MOTION CARRIED.
A recess was called at 7:55 P.M. until the next scheduled agenda item. The meeting was
reconvened at 8:15 P.M.
ITEM II - PUBLIC HEARING - PUD AMENDMENT OF WEST EDGE ESTATES FIRST
ADDITION
The Public Hearing was called to order at 8: 15 P.M. The public was in attendance and a sign-up
sheet was circulated.
Bryce Hoemueller stated he is representing the applicant Stassen Construction, 16617 Creekside
Circle. The request is for an amendment to Item 11 of Resolution 93-85 allowing the applicant
to remove the easterly 415 foot section of sidewalk from West Edge Estates First Addition PUD.
The West Edge Estates Townhome Association residents do not want the sidewalk as they feel it
.would create unnecessary traffic into their neighborhood.
Deb Garross presented the information as per planning report of February 17. 1994. The City
Council approved the final plat of the First Addition to West Edge Estates contingent with the
items listed on Resolution 93-85 to be met and is part of the PUD. The purpose of the sidewalk is
to provide a pedestrian connection from the development to 170th Street and Wlllowood Street
The goal of the City is to have hike/bike trails connecting all neighborhoods. A walkway system
is designed to move pedestrians safely within the City. The road in the development is a private
road and is only 24 feet wide in a multi-family district therefore a safety issue must be
considered. Recommendation from Staff is to recommend denial of the amendment to City
Council.
Bill Mangan. Director of Parks. stated that in a 1990 community-wide sUIVey 73% of the number
responding was that safe trails were wanted in Prior Lake. The sidewalk in question would be
used primarily by the residents. their children. and grandchildren as an internal connection to the
City-wide trail sustem.
Margaret O'Keefe. 3798 - 170th Street, voiced her opposition to the sidewalk. She felt it was
mostly senior citizens living there and a sidewalk would have children coming through their
property.
Comments from the Commissioners were: discussion on private road width, sidewalk is an
amenity. should be conselVative in redoing the PUD, present street access for West Edge Estates,
number of residents in development, easement, width of sidewalk, number of pedestrian
accidents. Simpkins Circle connection and safety issue is important. Commissioner Roseth
stated that since Simpkins Drive will connect to the existing road in the plat of West Edge Estates
in the near future, he would vote for denial of the application.
MOTION BY LOFfUS, SECOND BY VONHOF, RECOMMEND THE CITY COUNCIL
DENY THE REQUEST TO AMEND 1HE PUD OF WEST EOOE ESTATES TO DELETE 415
PLANNING COMMISSION
February 17. 1994
Page 2
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PUBLIC HEARING
CONTINUED
THURSDAY, MARCH 3, 1994
TO CONSIDER. AN AMENDMENT TO SECTION 6.5
(OFF-STREET PARKING) OF THE PRIOR LAKE ZONING ORDINACE
(l)NDUcrEJ) BY THE PLANNI~ <XJ.n.tISSION
This Public Hearing is scheduled for 8:00 P.M.. The Planning Canmission
welcanes your carments. In faimess to all woo choose to speak, we do request
that after having spoken once, you limit further conments to pertinent or new
infonnation. Thank you.
~ - PLFASE PRIm'
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February 14, 1994
TO: Planning Commission
RE: Public Hearing on Zoning Ord1nance 94-06, February 17, 1994
Due to a previous commitment for the even1ng I am unable to attend
the hearing, but would like to present the tollow1ng thoughts tor
consideration before any possible changes are made ~n the
ordinance.
During just the past 15 years the city of Pr10r Lake has
concentrated on planning ahead for a better commun1ty to l1ve 1n.
Look at the results. We have grown from a population ot 7,000 1n
1980 to over 12,000 today. This could onl y have been done by
creating the right conditions in which families wanted to settle.
Prior Lake has worked, and spent money, developing parks,
boulevards with trees, etc. in order to create a more esthetically
pleasing environment for our community. Why should it be perm1tted
to have heavy trucks, with noisy engines, loading and unloading
equipment on the truck or trailer in the early morn1ng 7 days a
week, or coming home late in the even1ng d1sturo1ng the
neighborhood peacefulness. Is this the type of environment someone
building a million dollar home in The Wilds would want next door
to them? If someone wants to be surrounded with noise and d1esel
fumes they should be located in a commercial area. There ~s a
place for residential living and there is a place for commerc1al
business.
First the state, and then on January 1, 1993, Prior Lake adoptea
the new shoreland management ordinance trying to improve all
property within 1000 feet of the lakeshore tor the benet~t ot us
all. When so many positive steps have been taken to make Pr10r
Lake a city we all can be proud of and one which we hope people
will want to settle in, how can you consider taking a backward step
by changing this ordinance which in essence changes residenL1al
property to commercial land for storage of bobcats, d1ggers,
trailers, flatbeds and large trucks, especially 1t th1S happens to
be on lakeshore property that we all want to protect.
I appreciate your consideration of these thoughts.
" . /J
,~ ~U-N~"',
Hans P. Hermansen
16316 Park Ave. SE
Prior Lake
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February 18, 1994
Tim O'Brien
14375 Watersedge Trail NE
Prior Lake, MN 55372
This letter is to inform you that the Public Hearing regarding your application to amend
the City Code and Zoning Ordinance has been continued to March 3, 1994, at 8:00. rve
enclosed for your review a copy of the Staff Report and other supporting material that the
Planning Commissioners have also received.
If you have any questions, please feel free to call me at 447-4230, extension 213.
I-0&<A-Yf?'-n2dlfLd_C
Gina M. Mitchell
Associate Planner
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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