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HomeMy WebLinkAbout05 29 2018 PC Meeting Minutes 1 PRIOR LAKE PLANNING COMMISSION MINUTES Tuesday, May 29, 2018 1. Call to Order and Pledge of Allegiance: Commissioner Fleming called the Tuesday, May 29, 2018 Prior Lake Planning Commission meeting to order at 6:00 p.m. Those present were Commissioners Bryan Fleming, Dave Tieman, William Kallberg, Dan Ringstad, and Jason Tschetter. Also present were Community Development Director Casey McCabe, Planner Amanda Schwabe, Project Engineer Nick Monserud and Community Development Services Assistant Sandra Woods. 2. Approval of Agenda: MOTION BY KALLBERG SECONDED BY TSCHETTER TO APPROVE THE TUESDAY, MAY 29, 2018 PRIOR LAKE PLANNING COMMISSION AGENDA. VOTE: Ayes by Fleming, Tieman, Kallberg, Ringstad and Tschetter. The Motion carried. 3. Approval of Monday, May 14, 2018 Meeting Minutes: MOTION BY TSCHETTER, SECONDED BY RINGSTAD TO APPROVE THE MONDAY, MAY 14, 2018 PRIOR LAKE PLANNING COMMISSION MEETING MINUTES. VOTE: Ayes by Fleming, Tieman, Kallberg, Ringstad and Tschetter. The Motion carried. 4. Public Hearings: A. PDEV18-000019 – 14150 Rolling Oaks Circle NE – Combined Preliminary and Final Plat – Robert McNearney of Robert McNearney Custom Homes on behalf of the property owners Tom and Carol Jarzyna are proposing a combined preliminary and final plat to be known as Eagle Ridge Second Addition, which is a total of three (3) residential lot. The Subject property is located southwest of Rolling Oaks Circle NE, east of Bluebird Trail NE and south of 140th Street on the north side of Lower Prior Lake in the R-1, Low Density Residential Zoning District. PID: 258010340. Planner Schwabe: Introduced the request to consider the Eagle Ridge Second Addition Combined Preliminary and Final Plat to allow for a three (3) lot, low density residential subdivision to be known as Eagle Ridge Second Addition to be developed as a three-lot, low density residential subdivision. The subject property is located on Rolling Oaks Circle NE, south of CSAH 42 and east of Pike Lake Trail NE. She explained the history, current circumstances, issues, and recommended a motion. She presented a location map, existing conditions map dated May 9, 2018, proposed Preliminary Plat dated May 21, 2018 and proposed Eagle Ridge Second Addition Plat. Commission Comments/Questions: Fleming: Questioned future requests for variances on these proposed lots as the proposed properties do currently meet all our requirements. Planner Schwabe replied she is unsure of future requests; however, reviewal of the proposed lot sizes, building pads and the surveys of the lots show substantially large lots currently meeting all setback requirements. She stated a reasonably sized home could be placed on these lots without requiring variances. Fleming: Verified his reasoning for asking about variances and questioned what it would costs to remove the existing driveway. Planner Schwabe said she is unsure, however the applicant might be better to ask on costs regarding the driveway. 2 Tschetter: Questioned the need for future variances and the if a variance has already been issued for the current structure on the deck. Planner Schwabe: Said she would need to do some research on the current deck structure and suggested that it might be legal non-conforming. Tschetter: Asked if the third lot with the existing home is still suitable, compliant and buildable with our R-1, low density residential requirements. Planner Schwabe: said yes, it is a viable and buildable lot and explained the shape of the lot. Tschetter: Commented on the lot being large and said he was looking to the future in making sure it is conforming. Tieman: Questioned the drainage on Lot 3. Project Engineer Monserud: Replied everything drains to the street and then to the north. Kallberg: Asked if we can add the condition that no variances be allowed in the future. Fleming: Stated we cannot condition approval upon no future variances this and asked staff if that is correct. Planner Schwabe: said yes, that is correct. Applicant Mary Wright: Resides at 17091 Frazer Path, Lakeville, MN and is a realtor with Keller Williams. Don McNearney: Resides at 20139 Herring Way, Lakeville, MN Wright: Commented on the future and history of the current existing home, variances and stated there are no plans on demolishing the house. McNearney: Commented on the garage door, the cost of the driveway removal and purchase price sale. Tschetter: Asked about the marketability of these lots. McNearney: Said they already have people looking at the lots and homes. Ringstad: Questioned if their plans were to have one of the homes be a model home. Guy: Replied the first choice would be to pre-sell the homes. MOTION BY TIEMAN, SECONDED BY KALLBERG TO OPEN THE PUBLIC HEARING ON AT 6:22 P.M. ON ITEM 4A. VOTE: Ayes by Fleming, Tieman, Kallberg, Ringstad and Tschetter. The Motion carried. Public Comment: Mark Cichosz: Resides at 14100 Rolling Oaks Circle. He commented on a good layout and stated some concerns regarding water on the lot, springs, trees and the location of the house next to his. Fleming: Stated the planning commission don’t have standing to adjudicate or comment on location of the home. He suggested talking to the property owner. MOTION BY TSCHETTER, SECONDED BY KALLBERG TO CLOSE THE PUBLIC HEARING AT 6:24 P.M. ON ITEM 4A. VOTE: Ayes by Fleming, Tieman, Kallberg, Ringstad and Tschetter. The Motion carried. Commissioners Comments: Kallberg: Said based on staff recommendation it does meet the four requirements for preliminary and final plat approval. He commented on this being a good use to the property, placement of homes, platting anticipated when sewer and water was stubbed in and stated he will be supporting this agenda item. Tieman: Stated he supports this application for the plat. He said it is a good use for this property, meets all the requirements and has no concerns. Fleming: Said he will be supporting the proposed Combined Preliminary and Final Plat as it does meet all our thresholds and the plans seems to be very well thought out. Ringstad: Stated he is supporting both preliminary and final plat. He commented on variance requests, the smaller development meeting minimum setback requirements and the R-1 minimum lot size requirements. 3 Tschetter: Agrees with his fellow Commissioner comments. He asked the developer to be open to the adjacent property owners, residents and neighbors. He said he will be supporting this plat. MOTION BY TSCHETTER, SECONDED BY KALLBERG TO RECOMMEND APPROVAL OF THE COMBINED PRELIMINARY AND FINAL PLAT FOR EAGLE RIDGE SECOND ADDITION SUBJECT TO LISTED CONDITIONS. VOTE: Ayes by Fleming, Tieman, Kallberg, Ringstad and Tschetter. The Motion carried. B. PDEV18-000018 – 16109 Northwood Road NW – Variance – Jim Moras of Highmark Builders, Inc. on behalf of property owners Jeff Berg and Nichole Bonnett-Berg are requesting a variance from the Bluff Setback for the construction of a new home. The Subject property is located on the northwest side of upper Prior Lake, just off Northwood Road NW in the R1SD, Low Density Residential Shoreland Zoning District. PID: 251410560. Planner Schwabe introduced the request to consider approval of a resolution approving a variance from the minimum Bluff Setback on a property in the R1SD, Low Density Residential Shoreland District located at 16109 Northwood NW, along the western shores of Upper Prior Lake, north of Shady Cove Point NW and south of Lake Bluff Circle NW. She explained the history, current circumstances, issues, and recommended a motion. She presented a resolution, location map, survey revised on May 22, 2018 and proposed floor plans. Commission Comments/Questions: Fleming: Asked Planner Schwabe to point out the access road. Planner Schwabe: Pointed out the access road and explained the uses of this gravel private road. She explained where the private drive would be in configuration to the access road. She also pointed out the property lines, easements, bluff features, trees, view, access to the water and the placement of the home. Fleming: Mentioned concerns regarding the variance request being shy just fifty percent of the minimum requirement and practical difficulty being caused by the change of the house. He asked about the items in the engineering report regarding slope stability, backfilling the foundation, and the items that are listed on pages 5-8 being extensive; therefore, leading him into additional questions regarding the third-party review and being bound to the sequence. He asked if a third-party review could happen earlier. Project Engineer Monserud: replied how the application process occurs and stated the third-party review could be accepted earlier. Tschetter: Asked questions regarding the bluff setback and how it compares to the adjacent homes in this neighborhood. Planner Schwabe: Mentioned there wasn’t a bluff analysis on the neighboring parcels prepared for this meeting; however, she does have information on the property to the north. She explained her research on the property to the north and said these property setbacks and bluffs are not the same on all properties. Tschetter: Asked about the run off risk that would might erode the bluff or cause changes to the topography that would impact the home. Project Engineer Monserud: Replied how this is reviewed in the permit process and mentioned this is a common act, nothing out of the ordinary. He commented on the opportunities to fix anything that comes up during the building permit process. Tschetter: Asked about the ordinary high-water setback, what is the importance in our zoning requirements in the zoning setback and what the setback requirement is attending to address. Project Engineer Monserud: Explained the goal is to not have a house on top of the bluff and twenty- five feet is adequate for our ordinance regarding this. Tschetter: Said the adjacent homes all have attached garages and it seems like there is opportunity to conform to the property limitations with a design change. He asked for the tradeoff’s that are being proposed and if it is possible to create an effective and desirable conforming property on the lot. Planner Schwabe: Replied the layout changes would be better addressed by the applicant. Ringstad: Asked when the former cabin was removed from the site. 4 Planner Schwabe: Replied it was recent; within the last two years. She said Scott County has aerial pictures showing the cabin on this property in 2016 in a state of disrepair. Ringstad: Asked if the cabin was still on the site, would we be restricted to the footprint of what the cabin size was. He commented on other non-conforming lots of record on Prior Lake/Spring Lake. Planner Schwabe: Replied, that is correct and explained how the legal non-conforming structure would need to be constructed in the footprint of what was there before; however, if any changes were desired a variance request would need to be applied for. Ringstad: Asked if the cabin was still there and if we were in review with the cabin still there, the restriction would be of the footprint only. He commented on the easements and driveways and who pays for them. Planner Schwabe: Replied potentially. She stated she doesn’t have exact dimensions of the cabin; however, the applicant maybe able to speak on that. Ringstad: Confirmed his comment of limitations on lake lots that were not conforming in the past. He asked who pays for any expenses or repairs that would require digging up the proposed garage or driveway that would lie across the easement. Project Engineer Monserud: Replied it would be at the homeowner’s expense. Tieman: Questioned the design of the house; regarding the decking/stairs and if it is a sunroom or deck that goes into the bluff area. Planner Schwabe: Explained the deck and the area of the deck that is enclosed. Kallberg: Commented on wetland, the weight of the structure, bluff support, options of house placement, deck, porch being on posts not on foundation and porch footings. Applicant: Jim Moras: with Highmark Builders, resides at 18591 Mushtown Road. He said he was here representing the homeowner. He answered the questions that were brought up and explained the design of the home. He commented on different ideas on house placement, easement adjustments, shared drive, parking, old cabin location, deck, bluff setback zone, engineering for third party review, the adjacent lots, location of pipe in easements, and detached garages versus attached garages. Tschetter: Commented on averaging, homes in the bluff area and incremental improvements. He said he was concerned about the enclosed porch, minimum square footage and asked what the compromise/trade-off is regarding the garage and the enclosed porch. He said this is a difficult lot with some unique challenges. Commission Comments/Questions: MOTION BY RINGSTAD, SECONDED BY KALLBERG TO OPEN THE PUBLIC HEARING ON AT 7:07 P.M ON ITEM 4b. VOTE: Ayes by Fleming, Tieman, Kallberg, Ringstad and Tschetter. The Motion carried. Public Comment: Bruce Stroebe: Resides at 16101 Northwood Road. He stated the location of his home in comparison to the proposed property and said he used to own the proposed lot. He commented on a prior submitted and approved building permit, cabin demo, conversation with city staff regarding variances, porches, house construction and soil erosion. MOTION BY TIEMAN, SECONDED BY TSCHETTER TO CLOSE THE PUBLIC HEARING AT 7:09 PM. VOTE: Ayes by Fleming, Tieman, Kallberg, Ringstad and Tschetter. The Motion carried. Commissioners Comments: Kallberg: Commented on consideration of placement of a home between the easements with the main house being at the 25-foot setback, recommendations on soil corrections already in considerations, concrete slabs and porch/deck meeting requirements to approve this variance. 5 Tieman: Mentioned his concerns with the four-season porch. He stated there was a lot of effort put into the plans and said he will support this variance, due to the engineering study, the effort put into the plans and this request does meet our criteria. Ringstad: Stated he will support tonight. He commented on the lot having constraints, the four-season porch and this being a very reasonable footprint. He said the proposed house is back further than the prior cabin and it may be an improvement for erosion. He said it is a non-conforming lot of record and it backs up to an easement, which makes it hard to work with. He agrees with the staff recommendation. Tschetter: Stated he understands the challenges of the property presented, appreciates the reminder of the previous structure that was present and the progress to improve the compliance with our zoning requirements. He said he is still concerned about the potential risks building that close to the bluff; however, will look to the building permit process and engineering reviews to mitigate the risks and get us to a successful project. He stated he will support as well. Fleming: Said he echoes all comments from his fellow Commissioners and stated his main concern regarding the bluff area and the enclosed structure. He said he is hopeful and trustworthy that staff will tend to the recommendations with encouragement and caution. MOTION BY TSCHETTER, SECONDED BY KALLBERG TO APPROVE THE RESOLUTION APPROVING THE VARIANCE REQUESTED FOR 16109 NORTHWOOD ROAD NW WITH THE LISTED CONDITIONS AND TO INCLUDE ALL RECOMMENDATION IN THE GEOTECHNICAL REPORT AS NOTED. VOTE: Ayes by Fleming, Tieman, Kallberg, Ringstad and Tschetter. The Motion carried. C. Section 1107 of the Prior Lake Zoning Ordinance regarding Parking Spaces – Variance – City Staff, on behalf of the property owner, Bealmake Partners LLC is requesting a variance from the minimum number of required off-street parking spaces. The Subject property is located at 16731 Highway 13 South. PID: 254700010. Director McCabe introduced the request to consider approval of a resolution approving a variance from Section 1107 of the Prior Lake Zoning Ordinance related to the minimum number of required off-street parking spaces located at 16731 Highway 13 South in Prior Lake. He expla ined the history, current circumstances, issues, and recommended a motion. He presented a location map and parking stalls to be removed illustration. Commission Comments/Questions: Tschetter: Asked if the Pointe Restaurant property is adding six additional parking spaces Director McCabe: Said correct and explained where the parking spots are located. Tschetter: Commented on the usage of the property including enclosed space in the building. Director McCabe: Said correct and explained each of the areas of the building. Tschetter: Asked if the areas inside the building are estimated into the total square building footage. Director McCabe: Replied yes, correct. Tschetter: Commented on how we have overstated building footages for commercial property. Director McCabe: Responded he agrees. Tschetter: Said we are seeing some movement of parking compacity from the outside corner of the parking lot of the mall over to the area where there is most activity in the two adjacent properties. Director McCabe: Replied correct. Kallberg: Said we should look at how often the seven lots are used and consider the parking areas and their uses. He mentioned blocking off parking spaces for a few days to see if we run out of parking spaces. Applicant: None. 6 MOTION BY TSCHETTER, SECONDED BY TIEMAN TO OPEN THE PUBLIC HEARING ON AT 7:22 PM ON ITEM 4c. VOTE: Ayes by Fleming, Tieman, Kallberg, Ringstad and Tschetter. The Motion carried. Public Comment: None. MOTION BY TSCHETTER, SECONDED BY KALLBERG TO CLOSE THE PUBLIC HEARING AT 7:23 PM. VOTE: Ayes by Fleming, Tieman, Kallberg, Ringstad and Tschetter. The Motion carried. Commissioners Comments: Ringstad: Agrees with staff recommendation and will support this agenda item. Fleming: Confirmed he will also support this agenda item. Tieman: Stated he has no concerns with this agenda item. Kallberg: Said he has no concerns and mentioned Commissioner Tschetter made a good point that there is open space that is not being considered in the calculation. He commented on the loss of seven spaces not having an impact. MOTION BY TSCHETTER, SECONDED BY RINGSTAD TO APPROVE A RESOLUTION APPROVING THE VAIANCE FROM SECTION 1107 OF THE PRIOR LAKE ZONING ORDINANCE RELATED TO THE MINIMUM NUMBER OF REQUIRED OFF STREET PARKING SPACES. VOTE: Ayes by Fleming, Tieman, Kallberg, Ringstad and Tschetter. The Motion carried. 5. Old Business: 6. New Business: ANNOUNCEMENTS • Issued a building permit for PLate on Main Restaurant on Friday. o Target date for opening in fall. 7. Adjournment: MOTION BY TSCHETTER, SECONDED BY KALLBERG TO ADJORN THE TUESDAY, MAY 29, 2018 PLANNING COMMISSION MEETING AT 7:25 P.M. VOTE: Ayes by Fleming, Tieman, Kallberg, Ringstad and Tschetter. The Motion carried. Sandra Woods, Community Development Services Assistant.