Loading...
HomeMy WebLinkAbout03-10-97 REGULAR PLANNING COMMISSION AGENDA MONDAY, March 10, 1997 6:30 p.m. 1. Call Meeting to Order: 2. Roll Call: 3. Approval of Minutes: 4. Public Hearings: 5. Old Business: 6. New Business: 7. Announcements and Correspondence: Zoning Ordinance workshop/update 8. Adjournment: AG031097 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER PLANNING COMMISSION MINUTES FEBRUARY 24, 1997 1. Call to Order: The February 24, 1997, Planning Commission meeting was called to order by Chairman Criego at 6:34 p.m. Those present were Commissioners Criego, Stamson, Vonhof, Wuellner and Kuykendall, Director of Planning Don Rye, Planning Coordinator Jane Kansier, Planner Jenni Tovar and Recording Secretary Connie Carlson. 2. Roll Call: V onhof Wuellner Stamson Kuykendall Criego Present Present Present Present Present 3. Approval of Minutes: MOTION BY VONHOF, SECONDED BY KUYKENDALL, TO APPROVE THE FEBRUARY 10,1997, MINUTES AS SUBMITTED. Vote taken signified ayes by Kuykendall, Criego, Wuellner, Stamson and Vonhof. MINUTES APPROVED. 4. Public Hearings: A. CASE #97-011 AMENDMENT TO SECTION 5-1-7 OF THE CITY CODE AND TO SECTION 8.1 OF THE PRIOR LAKE ZONING ORDINANCE RELATING TO THE DEFINITION OF MINIMUM LOT AREA IN THE SHORELAND DISTRICT The public hearing was opened at 6:35 p.m. Planning Coordinator Jane Kansier presented the staff report. The amendment to the Zoning Ordinance will clarify the definition of minimum lot area in the Shoreland District and simplify the administration of the current ordinance. In the Shoreland District, only land above the Ordinary High Water Mark may be used to meet the minimum lot area standards. This provision is currently found in Section 5-8-3 C of the City Code and Section 9.3 C of the Zoning Ordinance. In order to clarify this provision, the staff is proposing the definition of "Minimum Lot Area" be amended. The proposed amendment does not change the current standards of the Shoreland District. It clarifies the intent of the minimum lot area provisions, and places this standard in a more logical location. MN022497 lPAGsll There were no comments from the public. Comments from the Commissioners: Vonhof: . Ordinary-High-Water is 904 on Prior Lake. . The amendment is for all riparian lots in the shore land area. . What happens to the land between the O-H- Wand the lot area? Kansier eXplained it is just for figuring lot area. Kuykendall: . The word "land" should be defined. Kansier said the standard dictionary definition would apply. . Questioned property owners who have land down into the lake. Rye explained a meandered lake. . Support the intent. Wuellner: . Questioned property lines, abstract or torrens. Rye responded. Stamson: . All concerns have been addressed. Criego: . Agreed with staff's recommendation. MOTION BY VONHOF, SECOND BY KUYKENDALL, TO RECOMMEND THE COUNCIL APPROVE THE AMENDMENT TO SECTION 5-1-7 OF THE PRIOR LAKE CITY CODE AND AMENDING SECTION 8.1 OF THE PRIOR LAKE ZONING ORDINANCE 83-6. Vote taken signified ayes by all. MOTION CARRIED. The public hearing closed at 6:45 p.m. B. CASE #97-012 JOHN B. MAHONEY CONSTRUCTION REQUEST A VARIANCE TO PERMIT A 51 FOOT SETBACK FROM THE ORDINARY mGH WATER LEVEL OF PRIOR LAKE INSTEAD OF THE REQUIRED 75 FEET; FOR THE CONSTRUCTION OF A RESIDENTIAL ADDITION (FOUR SEASON PORCH) AND DECK ON PROPERTY LOCATED IN THE R-l DISTRICT AND THE SHORELAND OVERLAY DISTRICT IDENTIFIED AS 15731 mGHLAND AVENUE. Planner Jenni Tovar presented the staff report. The Planning Department received a variance application from John Mahoney, on behalf of David F ong, who is proposing to replace a deck with a four season porch and construct a new deck. No previous variances have been granted. The lot is located in the Island View I st Addition on Prior Lake. MN022497 {PAG,;21 , The existing deck (14 by 26 feet) is setback 51 feet from the Ordinary High Water Level (OHWL) of 904 instead of the required 75 feet. The applicant is proposing to remove the existing deck and replace it with a four season porch of the same size (14 by 26 feet) and construct a new deck on the east side of the dwelling setback 51 feet from the OHWL. Based on the survey submitted by the applicant, the adjacent properties are setback 66 feet and 54 feet. Setback averaging results in a setback of 60 feet. The applicant is requesting a 24 foot variance to permit a setback of 51 feet from the OHWL. Comments from the public: John Mahoney, represented David and Helen Fong, said the Fongs just bought the property and would like to enclose the deck. He further explained the construction problems with staff's proposal. The deck and garage roof would not come together. Mr. Mahoney said he built the home 20 years ago and the deck should be about the same age. Mr. Mahoney said there were no deck requirements and setbacks at the time of construction. And the original survey shows 105 feet from the lake to the edge of the house. Rye said there would be a general setback from the lake but the Shoreland Ordinance did not go into effect until 1983. Comments from the Commissioners: Stamson: . Tovar explained the Ordinance regarding changing a deck to a structure. . There are other legal alternatives. . Supports staff recommendation. Wuellner: . Moving the deck to the west is an unreasonable alternative. The deck has existed for an unknown number of years. . There is a slab below. Enclosing the deck will not change the impervious surface. . The neighbors are supportive. There is no serious affect. Kuykendall: . The garage is on the west and to place an enclosed structure behind the garage is architecturally unusual and unreasonable. . Structure is the same with the runoff. . The DNR's response is a 50' setback and their response is not under their jurisdiction. . The shoreline was not the same 20 years ago. Criego: . The impervious surface mentioned only covers half the deck. . The Shoreland District states 75' from the O-H-W. MN022497 lPAGE } 3 · Approving the enclosed deck goes against our ordinance. . There are no undue hardships. · The City is trying to preserve the lakeshore and stop the encroachment to the lake. · Suggest to redo the deck and keep as is. . Agreed with Planning Department. Open Discussion: Wuellner: · The lot is extremely flat and heavily wooded which helps reduce the runoff. · The applicant would be willing to reduce the porch and cut off part of the slab reducing the existing runoff. Applicants could build their screened-in porch and stay away from the lake. Stamson: · The lot is unique and does not encroach on the lake but there are no undue hardships. Kuykendall: . Discussed driveway standards. . The City picked a 75' lakeshore setback arbitrarily. . The structure is a reasonable use. Criego: . This is not a substandard lot. Wuellner: . Discussed reasonable use and substandard lots. Kuykendall: . Applicant has many trees between the house and water. A visual barrier is a positive thing to have and should be considered with setbacks and variances. . Given the fact this is an existing lot, it is not unreasonable to build a three season porch. . The visual impact is reduced by the trees. . The neighbors do not find any problem with the addition. Wuellner: . The neighbors' enclosed deck is 54 feet from the lake. MOTION BY STAMSON, SECOND BY CRIEGO, TO APPROVE RESOLUTION 97- 06PC DENYING THE 24 SETBACK REQUEST TO PERMIT A 51 FOOT SETBACK FROM THE ORDINARY HIGH WATER MARK OF PRIOR LAKE RATHER THAN THE MINIMUM REQUIREMENT OF 75 FEET FOR A PROPOSED PORCH AND DECK. NB022497 {PAGE}4 " This is based on the findings it does not deny reasonable use of the property. Vote taken signified ayes by Criego, Kuykendall and Stamson. Nay by Wuellner. MOTION CARRIED. Chairman Criego explained the appeal process. S. Old Business: A. REVISED 1996 VARIANCE SUMMARY Planner Jenni Tovar presented the staff report. The Commissioners discussed hardships and interpretations of reasonable use. MOTION BY WUELLNER, SECOND BY STAMSON TO RECOMMEND TO CITY COUNCIL THE PROPOSED REPORT. Vote taken signified ayes by all. MOTION CARRIED. 6. New Business: 7. Announcements and Correspondence: . Don Rye reported an applicant proposing to build a strip mall off Franklin Trail. . Discussed supporting rationale statements with every motion. . Discussed shoreland areas. 8. Adjournment: MOTION BY CREIGO, SECOND BY STAMSON, TO ADJOURN THE MEETING. The meeting adjourned at 7:55 P.M. Donald Rye Director of Planning Connie Carlson Recording Secretary MN022497 {PAGE;