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HomeMy WebLinkAboutApril 25, 2005 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 REGULAR PLANNING COMMISSION AGENDA MONDAY, APRIL 25, 2005 Fire Station - City Council Chambers 6:30 p.m. 1. Call Meeting to Order: 2. Roll Call: 3. Approval of Minutes: 4. Consent Agenda: A. EP05-135 Greystone Industrial Condos - CUP Resolution 5. Public Hearings: A. 05-136 Craig and Kristen Potts are requesting a variance for a vehicular access elevation to construct a single family dwelling located at 15302 Flint Road. 6. Old Business: 7. New Business: A. EP05-140 Shamrock Development is requesting a vacation on the existing easements dedicated on Outlots E, E and F, The Wilds. 8. Announcements and Correspondence: 9. Adjournment: L:\05 FILES\OS PlAN COMMISSION\OS AGBNDAS\AG042S0S.DOC www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 '-- ----- PLANNING COMMISSION MINUTES MONDAY, APRIL 25, 2005 1. Call to Order: Vice Chairman Lemke called the April 25, 2005, Planning Commission meeting to order at 6:30 p.m. Those present were Commissioners Billington, Lemke, Perez and Ringstad, Planning Coordinator Danette Moore and Recording Secretary Connie Carlson. 2. Roll Call: Billington Lemke Perez Ringstad Stamson Present Present Present Present Absent 3. Approval of Minutes: The Minutes from the April 11, 2005, Planning Commission meeting were approved as presented. 4. Consent: A. EP05-135 Greystone Industrial Condos - CUP Resolution Planning Coordinator Danette Moore presented the Planning Report. As directed by the Planning Commission, staff revised Resolution 05-04PC to reflect the additional condition and the applicant providing a landscaping plan/buffer yard plan meeting the Code requirements. Moore read the requirements. MOTION BY BILLINGTON, SECOND BY RINGSTAD, APPROVING RESOLUTION 05-04PC FOR A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR STORAGE IN THE I-I (GENERAL BUSINESS) ZONING DISTRICT. Vote taken indicated ayes by all. MOTION CARRIED. 5. Public Hearings: Commissioner Lemke read the Public Hearing Statement and opened the meeting. A. 05-136 Craig and Kristen Potts are requesting a variance for a vehicular access elevation to construct a single family dwelling located at 15302 Flint Road. L:IOS FILESIOS PLAN COMMISSIONlOS MINUTESIMN042S0S.doc I ~. Planning Commission Meeting April 25, 2005 Planning Coordinator Danette Moore presented the Planning Report dated April 25, 2005, on file in the office of the City Planning Department. Kristen and Craig Potts are requesting a variance to construct a single family dwelling on property located at 15302 Flint Road. In order to construct the dwelling shown on the attached survey, the following variance is required: A 3.9 foot elevation variance from the required minimum of not more than 2 feet below the regulatory flood protection elevation for a vehicular access within the flood plain (Section 1105.402 (4)). The applicant is proposing to remove the current structure that was built in 1956 to allow for the construction of a new single family dwelling. The proposed structure will be 5,808 square feet in area. The Ordinance states vehicular access cannot be less than the 907.9 elevation. Flint Road is at an elevation of903.2. The lowest elevation of the proposed driveway is 904. If this driveway were permitted, it would require a 3.9 foot elevation variance. Patrick Lynch from the DNR had no concems and added "The type of flooding one would anticipate on Prior Lake would be relatively a slow rise in water level and ample time to implement an emergency or evacuation plan if at all necessary." Approval of a 3.9 foot variance from the strict application of the vehicular access elevation requirement would allow for the alleviation of hardship for the property owner. The staff recommends approval ofa 3.9 foot elevation variance with the following conditions: I. The resolution must be recorded at Scott County within 60 days of adoption. Proof of recording, along with the acknowledged City Assent Form, shall be submitted to the Planning Department prior to the issuance of a building permit. 2. The building permit is subject to all other applicable city, county, and state agency regulations. 3. The applicant must provide an emergency evacuation plan. Questions from the Commissioners: Ringstad questioned ifFlint Road is a public or private. Moore said the City views it as private road as it does not meet the street standards and cannot be maintained. The Engineering Department is researching it for public right-of-way. Ringstad questioned the emergency flooding plan. Moore responded it has been required in the past; typically it is a narrative stating how they would leave the area. The DNR appreciates the City asking for it. L:105 FILESIOS PLAN COMMISSIONlOS MINUTESIMN042S0S.doc 2 Planning Commission Meeting April 25, 2005 Comments from the Public: Greg Schweich, 14332 Watersedge Trail NE, is here on behalf of the applicant and agreed with staff s report. Deb Bongard, 19414 Lancer Circle, representing her mother's estate had concerns for the runoff and questioned the implications of raising the road. Moore responded the applicant is asking for the variance because they are not going to raise the road. Bongard's other concern was damage to the road with the heavy equipment during construction. Moore said the engineering department will look at it when the building permit is submitted. The applicant will have to address those issues. Jon Bautista, 15289 Flint Road SE, said he is glad to hear they are not going to raise the road as he was concerned for possible flooding. He had no other concerns for the building. The public hearing was closed at 6:45 p.m. Comments from the Commissioners: Ringstad: . Agreed with the staff report. Happy to hear the road will not be changed where the neighbors would be adversely affected. . One of the applicant's concerns was for construction and effect on the road. Perhaps the applicant could post a Letter of Credit in case any damage would be done on the road. Wi11leave that up to staff. Please consider it. . Support. Billington: . In terms of damage to the roadway, any contractor will be working with bonds and they will be responsible for any damage to the roadway or surrounding area they have liability insurance. . Staff can discuss that with the appropriate personnel. . Does not see any particular problem. . Support. Perez: . Agreed with Commissioners and Staff regarding the existing road elevation does create a hardship. . Support. Lemke: . This does meet all 9 hardship criteria. The road elevation has nothing the applicant has any control over. They need a driveway. . Support. L:IOS FILESIOS PLAN COMMISSIONlOS MINUTESIMN042S0S.doc 3 Planning Commission Meeting April 25, 2005 . Suggest the neighbors take photos now so if there is damage you will be able to substantiate it. MOTION BY RINGSTAD, SECOND BY PEREZ, ADOPTING RESOLUTION 05- 05PC APPROVING A 3.9 FOOT ELEVATION VARIANCE FROM THE REQUIRED MINIMUM OF NOT MORE THAN 2 FEET BELOW THE REGULATORY FLOOD PROTECTION ELEVATION FOR A VEHICULAR ACCESS WITHIN THE FLOOD PLAIN. Vote taken indicated ayes by all. MOTION CARRIED. 6. Old Business: None 7. New Business: A. EP05-140 Shamrock Development is requesting a vacation on the existing easements dedicated on Outlots E, E and F, The Wilds. Planning Coordinator Danette Moore presented the Planning Report dated April 25, 2005, on file in the office of the City Planning Department. On May 3, 2004, the City Council approved the preliminary plat known as The Wilds Ridge. This preliminary plat included the lots previously platted as Outlots D, E and F, The Wilds. Shamrock Development recently filed an application for a final plat for The Wilds Ridge. In order to reconfigure the lots, the existing drainage and utility easements must be vacated. New easements will be dedicated in the final plat. Staff recommended approval. Comments from the Commissioners: Perez: . Agreed with staff's report as far as the Comprehensive Plan review, there is nothing that makes it inconsistent. There is a public need for the easement. . Approve. Billington: . Support - sees no particular problem. Ringstad: . Support - It is a housekeeping matter. Lemke: . Agreed with Commissioners. L:IOS FlLESIOS PLAN COMMISSIONlOS MINUTESIMN042S0S.doc 4 Planning Commission Meeting April 25, 2005 MOTION BY PEREZ, SECOND BY BILLINGTON, RECOMMENDING CITY COUNCIL APPROVE THE PROPOSED VACATION AS PRESENTED. Vote taken indicated ayes by all. MOTION CARRIED. This will go to the City Council on May 16, 2005. 8. Announcements and Correspondence: 9. Adjournment: The meeting adjourned at 6:53 p.m. Connie Carlson Recording Secretary L:IOS FILESIOS PLAN COMMISSIONlOS MINUTESIMN042S0S.doc 5 PUBLIC HEARING Conducted by the Plan,ning Commission ~\v~ Z-~.~- The Planning Commission welcomes your comments in this matter. In fairness to all who choose to speak, we ask that, after speaking once you allow everyone to speak before you address the Commission again and limit your comments to new information. Please be aware this is the principal opportunity to provide input on this matter. Once the public hearing is closed, fnrther testimony or comment win not be possible except under rare occasions. The City Council win not hear additional testimony when it considers this matter. Thank you. ATTENDANCE - PLEASE PRINT NAME ADDRESS L:\DEPTWORKIBLANK.FRM\PHSIGNUP.doc tr) PUBLIC HEARING Conducte by the Planning Commission ! - The Planning Commission welcomes your comments in this matter. In fairness to all who choose to speak, we ask that, after speaking once you allow everyone to speak before you address the Commission again and limit your comments to new . information. Please be aware this is the principal opportunity to provide input on this matter. Once the public hearing is closed, further testimony or comment will not be possible except under rare occasions. The City Council will not hear additional testimony when it considers this matter. Thank you. ATTENDANCE - PLEASE PRINT 'll~{ tt4N ~ L:\DEPTWORK\BLANKFRMIPHSIGNUP.doc