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HomeMy WebLinkAbout11 13 2017 PC Meeting Minutes 1 PRIOR LAKE PLANNING COMMISSION MINUTES Monday, November 13, 2017 1. Call to Order and Pledge of Allegiance: Commissioner Fleming called the Monday, November 13, 2017 Prior Lake Planning Commission meeting to order at 6:00 p.m. Those present were Commissioners Bryan Fleming, Dave Tieman, William Kallberg, Dan Ringstad, Jason Tschetter and Liaison Zach Braid. Also present were Community Development Director Casey McCabe, Planner Jeff Matzke and Community Development Service Assistant Sandra Woods. 2. Approval of Agenda: MOTION BY TIEMAN, SECONDED BY TSCHETTER TO APPROVE THE MONDAY, NOVEMBER 13, 2017 PRIOR LAKE PLANNING COMMISSION AGENDA. VOTE: Ayes by Fleming, Tieman, Kallberg, Ringstad and Tschetter. The Motion carried. 3. Election of Officers Planner Matzke explained the options in the election of officers. MOTION BY RINSTAD, SECONDED BY KALLBERG TO NOMINATE AND RE-APPOINT COMMISSIONER TIEMAN AS VICE-CHAIR. VOTE: Ayes by Fleming, Tieman, Kallberg, Ringstad and Tschetter. The Motion carried. MOTION BY RINGSTAD, SECONDED BY KALLBERG TO NONIMATE AND RE-APPOINT COMMISSIONER FLEMING AS CHAIR. VOTE: Ayes by Fleming, Tieman, Kallberg, Ringstad and Tschetter. The Motion carried. 4. Approval of Monday, October 23, 2017 Meeting Minutes: MOTION BY KALLBERG, SECONDED BY RINGSTAD TO APPROVE THE MONDAY, OCTOBER 23, 2017 PRIOR LAKE PLANNING COMMISSION MEETING MINUTES. VOTE: Ayes by Fleming, Tieman, Kallberg, Ringstad and Tschetter. The Motion carried. 5. Public Hearings: A. PDEV17-001037 – 15411 Breezy Point Road SE – Variance – Highmark Builders is requesting lakeside and front yard variances to remove and rebuild a new home at 15411 Breezy Point Road SE in the R-1 SD (Low Density Residential Shoreland District). PID: 259350370. Planner Matzke introduced the request to consider approval of a resolution approving variances from the minimum front yard setback and minimum lake setback for a property in the R-1 (Low Density Residential) Zoning District in order to allow for construction of a new home at 15411 Breezy Point Road SE. The property is located along the southern shores of Lower Prior Lake, west of Truck Hwy 13, north of Rutledge Street. He explained the history, current circumstances, issues, and recommended a motion. He presented a resolution, location map, existing survey dated October 4, 2017 and proposed draft plans dated November 7, 2017. Commission Comments/Questions: Tieman asked the average neighborhood setback from the lake. Planner Matzke explained the average of the setbacks for neighboring properties is 21 to 22 feet on an average. Applicant Matt Eastman, Highmark Companies 8720 Eagle Creek Parkway in Savage said he doesn’t have much to add to the staff presentation, explained the changes and said he was open for questions. 2 Tschetter asked what other position was considered for placement of the house on this lot and how they decided on the proposed positioning. Eastman explained his original plans and reasons for the change to the current plans. Tieman asked about some features of the deck design. Eastman replied it is a maintenance free decking with decorative framing. He said the deck is for outdoor entertaining/grilling. Kallberg asked why the house is not placed parallel to the front lot line and commented on the setback from the lake. Eastman commented on a sliver of property located between this parcel and the street that the homeowner is trying to obtain, the positioning of the house, and the approval of the variance is conditioned upon the property owner obtaining the sliver of property. Fleming commented on the location of the house, the location of the deck and encouraged the application to consider moving the house parallel with the street. MOTION BY TIEMAN, SECONDED BY TSCHETTER TO OPEN PUBLIC HEARING ON 4A AT 6:22 P.M. VOTE: Ayes by Fleming, Tieman, Kallberg, Ringstad and Tschetter. The Motion carried. Public Comment: Dan Wagner, 15430 Breezy Point Road SE explained where his property is in relation to the applicant’s property and asked for consideration to the entire neighborhood; not just the property owner. He shared concerns of ongoing variances in the neighborhood, parking, emergency access, assessment for improvement, damage to streets, potential loss of an oak tree, change of neighborhood and expenses. Fleming offered a few responses regarding the minimum qualifications, thresholds for variance approval and Ordinance 1108.400; he asked Planner Matzke to address any accommodations that are typically encouraged of developers to make during construction in respect to roadway conditions and parking impediments in an unforeseen emergency. Planner Matzke explained the building permit and engineering process around the lakes, including permitting, parking, material location, emergency services, narrow streets, constant contact with contractors, inspections from the City, adjacent properties, avoidance of fences and trees and communications during construction phases. Fleming reiterated Planner Matzke’s comments and effort on behalf of the City to encourage developers to be in communications with adjacent neighbors and have an ongoing dialog about any concerns. He explained the Commissioners position is not to operate outside of their scope of authority in variances and property rights. Harry Schulz, 15410 Breezy Point Road SE explained his properties location and commented on prior commissioner’s decisions, neighboring garage, size of lots, erosion, run-off, snow removal, tree modification, restrictions on decks, upholding restrictions, changing the view of the lake, heavy traffic on the street, his driveway used as a turn around, damage to his driveway, assessments, taxes, buildable lots, runoff and variances. Fleming requested Staff to address some of Mr. Schulz’s concerns. He questioned if Mr. Schulz talked to anyone at the City regarding his concerns prior to this evening; and asked Planner Matzke to explain the process of proper sequencing of projects, deck restrictions and the Planning Commission’s scope of authority when it comes to mandating restrictions on deck which abut/attached to private property. Schulz said he has not talked with anyone at the City. Planner Matzke explained the permitting process and maintenance required during construction. He commented on private property, deck sizes, the Planning Commission decisions in character of the neighborhood and private property rights. MOTION BY TSCHETTER, SECONDED BY TIEMAN TO CLOSE THE PUBLIC HEARING AT 6:48 P.M. ON ITEM 4A. VOTE: Ayes by Fleming, Tieman, Kallberg, Ringstad and Tschetter. The Motion carried. Commissioners Comments: 3 Kallberg stated his thoughts regarding this request including old lots which were platted as small seasonal cabins, original existing home being built in 1923, setback requirements, cannot restrict a reasonable use on the property, property values, house/lot condition and open parking with steep grades to the lake. He stated his preference on structure being rotated parallel with the street, leaving a longer driveway and off-street parking. He commented on reasonable deck sizing and said he will support the variance with accommodation to the lake setback by rotating the house parallel to the front property line. Tieman echoes the thoughts of Commissioner Kallberg. He stated there is potential to reduce the lake setback by rotating the home. He said he feels it is a good layout and is reasonable for the lot. He stated his concerns being potential damage to a large oak tree on an adjacent lot. Ringstad asked Planner Matzke about the sliver of land located between the parcel and the street, the undeveloped conforming lots in the neighborhood and what the tax on a non-conforming buildable Lot conditions are. He asked the outcome if the sliver of land was not acquired by the applicant. Planner Matzke replied on conforming and non-conforming buildable lots and explained the Lot of record. He said the property would still be a Lot of record with or without the sliver piece of property; and explained the benefits of adding the sliver of property to the subject property. He gave examples of similar prior approved variances. Ringstad said the five criteria outline for variance requests have clearly been met, the impervious surface is at 28%, which is under the maximum impervious allowed, and the house is a very good plan. He commented on some of the neighborhood issues with the narrow part of the street and said he will be voting to support this agenda item. Tschetter said he appreciates the work that has gone into preparing this Lot for a home that is difficult task on this Lot and also appreciated the comments from Mr. Schulz regarding drainage. He would like reassurance on addressing drainage in the construction process. He commented on City and neighborhood communication with the builder for any concerns, the oak tree, construction traffic, public safety and a construction plan. He stated he agrees with Commissioner Ringstad, this is a good plan on a difficult Lot. Fleming will be supporting the variance request as it does meet our five-point threshold criteria 1108.400. He said he would like to integrate Commissioner Kallberg’s and Commissioner Tieman’s comments about rotating the corner of the property as well as Commissioner Tschetter’ s comments regarding ensuring throughout this building phase that staff and the developer work closely in a proactive role making sure that erosion and drainage, traffic concerns and other impediment to emergency vehicles is well thought out and there are plans and contingencies in place. He said the Planning Commission values constructive dialog throughout the building process between developers and adjacent homeowners. He said his expectation, not a condition, would be that commitment to having good constructive dialog throughout the process would be the case here. Planner Matzke commented on listing conditions regarding the rotation of the building as this would affect the lake setback distance listed in the variance; therefore, we would need to be more specific. Fleming asked for a visual drawing of the setback and location. Kallberg commented on the lake setback, front yard setback and the corner of the garage. Fleming explained the rotation of the house and the increase in lake setback. He asked Planner Matzke to highlight the right rear of the deck. He asked an estimate setback from the right and left rear of the deck. He asked about specification on setbacks and if these could be obtained by the 27th of November. Planner Matzke explained how the rotation of the house may result in increased lake setbacks. He mentioned the suggestion of a new survey. He said the question related to whether these materials could be provided by deadline would be a question for the builder. Director McCabe said there are no agenda items currently planned for the November 27th Planning Commission Meeting. Fleming stated he would attend a meeting to review this item and confirmed with fellow Commissioners. Tschetter replied he would be unavailable. Fleming stated we would have a quorum still. He said this is important enough to not reflect estimations. Eastman suggested they could have a revised survey by tomorrow morning. He said switching the house would be simple to do and he explained the reason why it sits as it does now. Fleming stated he would like accuracy for the record, so he would like this item tabled to re-review the survey with the rotation integrated into the plan. Ringstad asked Mr. Eastman of his estimated date of starting this project. 4 Eastman explained his goal regarding permitting through the building process. Tschetter commented on the title issue; and asked if the applicant believes this will be resolved in time to begin construction within the next two weeks. Eastman explained the timeline for the title issue and permit approval from the City being within a couple of weeks. Ringstad questioned if the building permit could be issued prior to the title work being complete. He asked if tabling this item would slow anything down. Eastman replied he believed the permit could still be issued and asked Planner Matzke for confirmation on the review process. Planner Matzke explained the risk for the builders, if staff reviews the permit prior to the variance or title being approved as they would be submitting a plan with an assumed variance that may or may not be approved by the Planning Commission. Tschetter asked fellow Commissioners, if the need is there to table or is this something we can ask of staff to maximize the setbacks given the geometry of the structure. He commented on maximizing the setback from the lake and rotation of the building to increase the lake setback; questioned if this is it something the Planning Commission feels would substantially change the plans and require further discussion. Fleming stated his concern is to have accuracy for the record and asked for direction from Staff; do we need firm specification for the record. He said the Planning Commission has indicated strong support for moving forward and feels the delay would come with benefits. Director McCabe suggested the Planning Commission could establish a minimum distance from the high-water elevation adding whatever seems appropriate and if the applicant would be closer than that they could come back to the Planning Commission to consider that; providing staff with a specific number this evening. Ringstad confirmed McCabe was proposing a not to exceed distance; is that what you are recommending? Director McCabe replied yes. Tieman suggested a minimum setback of 16 feet from the highwater elevation. Kallberg stated he would like to see a firm dimension based on rotating to parallel. He said it is not difficult because it is a measured setback form the site plan rather than a field measurement. Director McCabe agreed; and asked if the builder had a survey in front of them; if so, per Commissioner Kallberg’s recommendations of rotating the house, would the rear setback decrease from the high-water elevations. Kallberg said I think we can guess at what that would be; we can draw that and get a scaled dimension. Eastman replied he sees the point of squaring it up to the street; and explained the range and the total setback from the lake. He commented on liking the idea of squaring up the home and could have the plan together by tomorrow. Tschetter said a 16-foot setback seems reasonable and appropriate considering the setbacks of the adjacent Lots excluding the directly adjacent lLot with the deck exclusively. He said it is not overly burdensome that it would make sense to encourage that setback from the lake while still preserving enough parking so that we are not creating more public safety concerns and challenges in the right -of- way then we already have. Fleming commented on good discussion and input MOTION BY RINGSTAD, SECONDED BY TIEMAN TO TABLE AND CONTINUE DISCUSSION WITH THE PURPOSE FOR THE PLANNING COMMISSION ACTING AS THE BOARD OF ADJUSTMENT TO COME BACK ON NOVEMBER 27, 2017, TWO WEEKS FROM THIS EVENING, TO RE-REVIEW THE SPECIFICATIONS AS THEY ARE FORMED BY THE ROTATION OF THE HOME AND WITHIN THAT SPECIFIC PURPOSE/CONDITION AN AGREEMENT THAT THE MINIMUM REAR SETBACK SHOULD BE AT 16 FEET. VOTE: Ayes by Fleming, Tieman, Kallberg, Ringstad and Tschetter. The Motion carried. 5. Old Business: No Old Business 5 6. New Business: Announcements: None. 7. Adjournment: MOTION BY KALLBERG, SECONDED BY TSCHETTER TO ADJORN THE MONDAY, NOVEMBER 13, 2017 PLANNING COMMISSION MEETING AT 7:15 P.M. VOTE: Ayes by Fleming, Tieman, Kallberg, Ringstad and Tschetter. The Motion carried. Sandra Woods, Community Development Service Assistant