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HomeMy WebLinkAbout3 January 28 2019 Planning Commission Meeting Minutes - draft 1 PRIOR LAKE PLANNING COMMISSION MINUTES Monday, January 28, 2019 1. Call to Order and Pledge of Allegiance: Commissioner Fleming called the Monday, January 28, 2019 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, City Planner Jeff Matzke, and Community Development Services Assistant Sandra Peppin. 2. Approval of Agenda: MOTION BY TSCHETTER, SECONDED BY TIEMAN TO APPROVE THE MONDAY, JANUARY 28, 2019 PRIOR LAKE PLANNING COMMISSION AGENDA. VOTE: Ayes by Fleming, Tieman, Kallberg, Tschetter and Ringstad. The Motion carried. 3. Approval of Monday, January 14, 2019 Meeting Minutes: MOTION BY RINGSTAD, SECONDED BY KALLBERG TO APPROVE THE MONDAY, JANUARY 14, 2019 PRIOR LAKE PLANNING COMMISSION MEETING MINUTES. VOTE: Ayes by Fleming, Tieman, Kallberg, Tschetter and Ringstad. The Motion carried. 4. Public Hearings: A. PDEV18-000043 – 14480 Shady Beach Trail NE – Variance – Joseph R. Cade is requesting variances for structure setbacks to construct a new residential home in the R1-SD (Low Density Shoreland) Zoning District. PID: 250460070. Matzke: Introduced a public hearing to consider approval of a resolution approving variances from the minimum lake setback, minimum side yard setback and minimum front yard setback for a property in the R-1 SD (Low Density Residential Shoreland) Zoning District located at 14480 Shady Beach Trail NE. He explained the history, current circumstances, issues, and recommended a motion. He presented a resolution, location map, survey of existing and proposed structures dated January 17, 2019, and proposed elevations and floor plan. Commission Comments/Questions: Fleming: Asked if the right-of-way vacation item would be going to the City Council meeting within the next 4-6 weeks. Planner Matzke: Replied the right-of-way regarding this location would be presented at the City Council Meeting tentatively on Tuesday, February 19, 2019. Fleming: Asked if the discussions or any decisions regarding the vacation or easement proposed use would be subject to the City Attorney review and formal recording. Planning Matzke: Said that is correct and explained how the variance is contingent upon the City Council vacation approval. He commented on the proper step procedures for the variance and vacation. Fleming: Asked what the height of the at grade deck is and is it at ground level. Planner Matzke: Explained what a platform deck is per City Code requirements and said the proposed deck is a free-standing platform, less than 2.5 feet off the ground right next to the house. Fleming: Asked if the deck will be no higher than 30 inches. Planner Matzke: Said yes, as proposed. Tschetter: Questioned the new ordinary high water (OHW) elevations for new construction around the lake and commented on the slab of the home having to be certain level above the OHW. 2 Planner Matzke: Explained the OHW mark, floodplain elevation, the lowest floor elevation of any new home, the building permitting process, and the elevation of the proposed home verses the existing home. Tschetter: Commented on the challenge of being up against the lake and questioned concerns regarding the future reconstruction of the road, utilities, lift station or anything else. He asked if there is a clear view of what the re-construction would look like. Planner Matzke: Mentioned his conversations with City Engineering and Public W orks Departments on the road and pointed out some safety measures, buffers and maintenance if this road moved to far to the south and commented on the drainage and utility reasons for having an easement area. Ringstad: Asked if the easement was temporary or permanent and, in the future, does the easement stay if the road was to be reconstructed. Planner Matzke: Stated it is to be a permanent easement per the typical 5-10-foot easements for drainage and future utility purposes. Fleming: Requested that the City Attorney review this and all the proper language is recorded, so there is a distinction of temporary versus permanent in the duration. Planner Matzke: Replied understood. Kallberg: Commented on the highway vacation being tentative/uncertain, the house footprint being mirrored/rotated to create a better setback from the lake. Planner Matzke: Replied the applicant has pursued many different design options and could answer that question better; however, staff views this as a reasonable design option given the lot shape. He explained the shape, depth and said that flipping may not gain better setbacks. He stated the applicant may comment on this subject. MOTION BY TSCHETTER, SECONDED BY KALLBERG TO OPEN THE PUBLIC HEARING ON AGENDA ITEM 4A AT 6:22 P.M. VOTE: Ayes by Fleming, Tieman, Kallberg, Tschetter and Ringstad. The Motion carried. Applicant Comments: Joseph Cade: Resides at 1291 Riverside Lane, Mendota Heights, MN. He commented on his history of living, moving away and returning to Prior Lake. He talked of the property they purchased last autumn and mentioned remodeling and retiring here. He mentioned his conversations with staff and discussing the setbacks, floodplain, remodeling, and their options and said the best solution for neighbors, city, lake and themselves was to demo and rebuild. He said they engaged with an architect and the planning department to work on a plan that worked for everyone. He introduced his architect, David Zweber, and stated he is here tonight to talk on the plan. He commented on the difficult lot and reviewing the easements and stated he is an attorney and the easement agreements are acceptable to him. He commented on the house being too close to the road, the front lawn being the easement area and mentioned he is open of any questions as well as his architect is. Fleming: Asked if Mr. Cade or his architect had any comments to Commissioner Kallberg’s option of flipping the house/garage. David Zweber: Said his company name is David Charlez Designs and resides at 18190 Jannevar Court, Lakeville, MN. He commented on flipping/rotating the house and said they looked at several different scenarios and because of several factors regarding the setbacks from the lake and from the street, the current proposed design is best use of the property. He said they have looked over different scenarios/options. He expressed his appreciation to City Staff’s work. Fleming: Said we do pride ourselves as a commission on making sure there is a lot of community engagement and dialog with city staff. He thanked Mr. Zweber. Public Comment: None. 3 MOTION BY TIEMAN, SECONDED BY TSCHETTER TO CLOSE THE PUBLIC HEARING ON ITEM 4A AT 6:29P.M. VOTE: Ayes by Fleming, Tieman, Kallberg, Tschetter and Ringstad. The Motion carried. Commission Comments/Questions: Kallberg: Asked about average setbacks of nearby properties. Planner Matzke: Explained the average setbacks and commented on increased setbacks, deeper properties, the setbacks on the peninsula, longer property having similar setbacks, depth of lots, and neighboring homes setbacks. Tieman: Commented on overall design, irregular lots not uncommon for out lake lots, and good design on this home. He said he supports this variance. Fleming: Stated he too will be supporting the request as it does meet our five-point threshold for ordinance 1108.400 and said he appreciates the extensive back and forth between the owners, architect, developer and City Staff. Ringstad: Agreed that this request meets the five-point criteria. He commented on the challenges on and around the lake. He said what is being proposed tonight shows the great work between city and applicant. He will be supporting the proposal tonight. Tschetter: Acknowledged the neighbor’s feedback in email comments received by City Staff from the property owner at 14492 and commented on variances causing friction for neighborhood, appreciation of feedback, staff invested time, impervious surface, water quality, lakeside community, irregular lots in the shoreland district being difficult and appropriate balance being struck between community versus investments in the community. He said he will be supporting the variance. MOTION BY TSCHETTER, SECONDED BY RINGSTAD TO APPROVE A RESOLUTION APPROVING THE VARIANCE REQUEST FOR 14480 SHADY BEACH TRAIL NE, PRIOR LAKE, MN 55372 REGARDING VARIANCES FROM THE MINIMUM LAKE SETBACK, MINIMUM SIDE YARD SETBACK, AND MINIMUM FRONT YARD SETBACK FOR A PROPERTY IN THE R-1 SD (LOW DENSITY RESIDENTIAL SHORELAND) ZONING DISTRICT WITH THE LISTED CONDITIONS. VOTE: Ayes by Fleming, Tieman, Kallberg, Tschetter and Ringstad. The Motion carried. 5. Old Business: A. PDEV18-000039 – 15981 Jordan Avenue SE – Suite 100 – Conditional Use Permit (CUP) – Pampered Paws Resort & Spa is requesting a Conditional Use Permit to allow Animal Handling in the C-2 (General Commercial) Zoning District. Applicant is proposing to operate a pet retail and grooming business. Planner Matzke: Re-introduced the Conditional Use Permit that was applied for by the property owner on behalf of Pampered Paws Resort & Spa for an animal handling business in the C-2 (General Business) Zoning District. He presented for consideration by the Planning Commission a resolution for denial of a conditional use permit to allow an animal handling business at 15981 Jordan Avenue SE. He explained the history, current circumstances, issues, and recommended a motion. He presented denial resolution, location map and site plan. Commission Comments/Questions: Fleming: Noted for the record in the resolution there are a total of 24 findings of fact, 11 perfunctory findings of fact, 5 finding of facts that pertain to 1102.1103 and 8 findings of facts for 1108.202. He questioned the communication received from the applicant and asked does any of their narrative reduce or change the number of findings of fact. Planner Matzke: Replied as proposed it does not and he explained the findings of fact utilized for evaluating conditional use permits and animal handing use area; therefore, these findings would still pertain to the application and request for an Animal Handling land use. Tschetter: He said as a dog owner he is torn on this topic. He mentioned his primary concerns being site logistics and not the use as an animal care facility. He said he is sensitive to the 4 applicant’s desire to operate their business in this space; however, doesn’t feel it is suitable use for this space. Ringstad: Agrees and said the proposed resolution and findings of fact capture everything we talked about a couple of weeks ago and he will be supporting the resolution for denial this evening. Fleming: Said he is a bit torn but is supporting the approval of a resolution denying the CUP. Tieman: Stated he is also in support of denial as he is concerned about parking. He said the handling activities being involved makes this a nonproductive space for this. Kallberg: Commented on assumption of approval by the applicant to sign a lease, parking being an issue for him and he mentioned a better location with off street parking that would seem more appropriate for this type of operation. He said he will support the denial. Planner Matzke: Asked Commissioner Fleming to repeat the appeal procedure regarding a denial of a resolution for the record. Fleming: Repeated the appeal process per City Code for appealing a CUP decision to the City Council. MOTION BY TSCHETTER, SECONDED BY KALLBERG TO APPROVE A RESOLUTION OF DENIAL OF A CONDITIONAL USE PERMIT TO ALLOW ANIMAL HANDLING BUSINESS AT 15981 JORDAN AVENUE SE BASED ON THE 24 FINDINGS OF FACT. VOTE: Ayes by Fleming, Tieman, Kallberg, Tschetter and Ringstad. The Motion carried 6. New Business: No New Business. Announcements: No announcements 7. Adjournment: MOTION BY KALLBERG, SECONDED BY TIEMAN TO ADJORN THE MONDAY, JANUARY 28, 2019 PLANNING COMMISSION MEETING AT 6:44 P.M. VOTE: Ayes by Fleming, Tieman, Kallberg, Tschetter and Ringstad. The Motion carried. Sandra Peppin, Community Development Services Assistant.