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HomeMy WebLinkAbout3 May 13 2019 PC Meeting Minutes - DRAFT 1 PRIOR LAKE PLANNING COMMISSION MINUTES Monday, May 13, 2019 1. Call to Order and Pledge of Allegiance: Commissioner Fleming called the Monday, May 13, 2019 Prior Lake Planning Commission meeting to order at 6:00 p.m. Those present were Commissioners Dave Tieman, William Kallberg, Jason Tschetter and Liaison Zach Braid. Absent were Commissioner Bryan Fleming and Dan Ringstad. Also present were City Engineer Nick Monserud, 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 KALLBERG, TO APPROVE THE MONDAY, MAY 13, 2019 PRIOR LAKE PLANNING COMMISSION AGENDA. VOTE: Ayes by Tieman, Kallberg, Tschetter. Fleming and Ringstad Absent. The Motion carried. 3. Approval of Monday, April 22, 2019 Meeting Minutes: MOTION BY TSCHETTER, SECONDED BY KALLBERG, TO APPROVE THE MONDAY, APRIL 22, 2019 PRIOR LAKE PLANNING COMMISSION MEETING MINUTES. VOTE: Ayes by Tieman, Kallberg, Tschetter. Fleming and Ringstad Absent. The Motion carried. 4. Public Hearings: A. PDEV19-000010 – 14553 Glendale Avenue SE – Variances – The homeowner, Brian Wenngatz, is requesting variances from the front yard setback and structure setback to the Ordinary High- Water Mark (OHWM) of Prior Lake to replace the existing dwelling with a new dwelling located in the R-1 SD, Low Density Residential Shoreland Zoning District. PID: 259301100. Planner Matzke: Introduced a public hearing to consider approval of a resolution approving variances from the minimum front yard setback and minimum structure setback to Lower Prior Lake to construct a new single-family dwelling. The property is in Boudins Bay, along the eastern shores of Lower Prior Lake, north of Rustic Road NE. He explained the history, current circumstances, issues and recommended a motion. He presented a resolution, location map, survey dated January 15, 2019 and a letter of support from adjacent property owner. Commission Comments/Questions: Tschetter: Questioned the street setbacks, zoning requirements, and the right-of-way setbacks. Planner Matzke: Explained why Staff considers this a side yard rather than a front yard and the reason for the setback. Tschetter: Asked if they are approximately 25 feet from the street. Planner Matzke: Replied yes, more than 25 feet from the street. He pointed out the front property line and stated the garage is 30-35 feet away from that area. Tschetter: mentioned he was trying to assess whether it was more of an administrative difference around the right-of-way or if there is still a variance if the right-of-way didn’t exist. Kallberg: Asked about any anticipation of the right-of-way being vacated and who would own the vacated property; as it would then allow the applicant to have a side yard setback of 30 feet. Planner Matzke: Said if it was to be vacated it would be dedicated to the properties to the south and explained why this would happen. He commented on a situation that would be created by this regarding the garage setback from the side property line and why a variance request was needed tonight. He explained why a vacate process has not been done. Kallberg: Questioned the moving of the house if the right-of-way was vacated. 2 Planner Matzke: Said if it was vacated, Staff foresees that there would be no area for the roadway. He explained who would be granted the vacated area and why, stating it would not be split up amongst neighbors. Kallberg: Asked if there was a floor plan. Planner Matzke: Suggested asking the applicant for a floorplan and explained the layout that was presented to Staff; stating it was a one living with similar areas. Kallberg: Questioned the placement of the porch and if it could be located at another part of the house. He commented that it was hard to make a judgement without a floorplan. Planner Matzke: Mentioned asking the applicant for a floorplan and pointed out possible reasonings for placement of the porch. Tieman: Asked what the primary resident’s actual elevation is. Planner Matzke: Explained the current elevation for this property; how elevation grade fill was used, the lowest floor level is still above our floodplain, elevation on new construction homes and said the applicant would need to meet this requirement. Applicant Brian Wenngatz: Resides at 14098 Haas Lake Circle NW , thanked City Staff for working with him for the past few months with solid feedback. He said he is here to answer any questions. Tschetter: Thanked Mr. Wenngatz for his efforts and for responding to Staff’s feedback to make sure we have something to feel comfortable with. Kallberg: Asked why the porch location is it in the northeast corner of the house and what part of the house/room would the porch be attached to. He said having a floor plan would have helped. Wenngatz: Responded they decided to put the porch on the northeast side on purpose due to avoid hardship with neighboring site lines, as well as elevation and basement opportunities. Kallberg: Asked where the porch connected to the house. Wenngatz: Explained the porch is off the dining area which is to the west/left corner. Tieman: Stated he appreciated the effort that was put into this project as this is a difficult lot to work with and said he is very impressed with what was planned at this location. MOTION BY TSCHETTER, SECONDED BY KALLBERG, TO OPEN THE PUBLIC HEARING ON AGENDA ITEM 4A AT 6:20 P.M. VOTE: Ayes by Tieman, Kallberg, Tschetter. Fleming and Ringstad Absent. The Motion carried. Public Comment: No comments from the public. MOTION BY KALLBERG, SECONDED BY TSCHETTER, TO CLOSE THE PUBLIC HEARING ON ITEM 4A AT 8:21 P.M. VOTE: Ayes by Tieman, Kallberg and Tschetter. Fleming and Ringstad Absent. The Motion carried. Commission Comments/Questions: Tschetter: Thanked Planner Matzke for working with the applicant over the last several months and putting together a plan responding to feedback. He said he views this as a lake setback given the positioning against what is effectively a side yard. He stated he is comfortable with this being consistent with what we would like to see in that neighborhood and is an investment in the community that we can support. Kallberg: Appreciates the shape of the house and the fact that it doesn’t increase the setback compared to the existing structure and with that in mind he can accept this proposed agenda item. Tieman: Said that he appreciates the efforts made to make this lot usable in a nice way as this is a challenging lot. He stated he does support this, and it does meet our five-point criteria for the variance. MOTION BY KALLBERG, SECONDED BY TSCHETTER, TO APPROVE THE RESOLUTION 19-07PC APPROVING VARIANCES AT 14553 GLENDALE AVENUE FROM THE MINIMUM FRONT YARD 3 SETBACK AND MINIMUM STRUCTURE SETBACK TO THE ORDINARY HIGH-WATER (OHW) MARK OF PRIOR LAKE FOR A PROPERTY IN THE R-1 SD (LOW DENSITY RESIDENTIAL SHORELAND) ZONING DISTRICT. VOTE: Ayes by Tieman, Kallberg, Tschetter. Fleming and Ringstad Absent. The Motion carried. B. Comprehensive Plan - Amendments – Consider a recommendation to the City Council related to the approval and submittal of the City of Prior Lake 2040 Comprehensive Plan Update. Minnesota Statues Section 473.864 requires each local governmental unit to review and, if necessary, amend its entire comprehensive plan and its fiscal devices and official controls at least once every ten years to ensure its comprehensive plan conforms to metropolitan system plans and ensure its fiscal devices and official controls do not conflict with the comprehensive plan or permit activities that conflict with metropolitan system plans. The homeowner, Daniel Dauffenbach, is requesting a variance to allow construction in the bluff impact zone located at a property in the R- 1 SD (Low Density Residential Shoreland) Zoning District. PID: 250480120. Director McCabe: Introduced a public hearing to consider a recommendation to the City Council related to the approval and submittal of the City of Prior Lake 2040 Comprehensive Plan update. He explained the history, current circumstances, issues and recommended motion. Commission Comments/Questions: Tieman: Thanked Director McCabe for the information and hard work on this agenda item. Tschetter: Mentioned discussion regarding this subject in workshops. He thanked Director McCabe, peers, and Staff for the work put into this item. He commented on looking back from edits 10 years ago and stated he feels more educated now and on this being a great plan. Kallberg: Stated this was a monumental exercise. He questioned how often this is reviewed. He stated it takes one heck of a foreseeing ability and a crystal ball and said it is in privilege of the Planning Commission to address input to certain captures of this and complimented everyone. McCabe: Confirmed how often this is reviewed and stated it is once every ten (10) years. MOTION BY TSCHETTER, SECONDED BY KALLBERG, TO OPEN THE PUBLIC HEARING ON AGENDA ITEM 4B AT 6:34 P.M. VOTE: Ayes by Tieman, Kallberg and Tschetter. Fleming and Ringstad Absent. The Motion carried. Public Comment: No comments from the public. MOTION BY TSCHETTER, SECONDED BY KALLBERG, TO CLOSE THE PUBLIC HEARING ON ITEM 4B AT 6:34 P.M. VOTE: Ayes by Tieman, Kallberg and Tschetter. Fleming and Ringstad Absent. The Motion carried. MOTION BY TSCHETTER, SECONDED BY KALLBERG TO APPROVE STAFF’S RECOMMENDATION TO THE CITY COUNCIL TO APPROVE A RESOLTION APPROVING THE 2040 COMPREHENSIVE PLAN UPDATE AND AUTHORIZING STAFF TO SUBMIT THE PLAN TO ADJACTENT AND AFECTED JURISDICTIONS AND THE METROPOLITAN COUNCIL FOR REVIEW AND COMMENT. VOTE: Ayes by Tieman, Kallberg and Tschetter. Fleming and Ringstad Absent. The Motion carried. 5. Old Business: A. PDEV19-000008 – 15402 Forsythe Road SE – Variance – The Planning Commission considered a request for a variance to allow construction in the bluff impact zone located at a property in the R1-SD, Low Density Residential Shoreland Zoning District on April 22, 2019. The applicant was advised to consider a reduced deck construction and City Staff was directed to prepare a resolution to be reviewed by the Planning Commission. PID: 250480120. 4 Planner Matzke: Introduced the consideration of a resolution to approve a variance request to allow a previously constructed 3-season porch and upper level deck in the bluff impact zone to remain. The property is located along the eastern shores of Lower Prior Lake, south of Fish Point Road. The Planning Commission held a public hearing on April 22, 2019 and directed the applicant to consider revisions to the upper level deck area, lower level deck area and eliminate the 3-season porch surround from the property. He explained the history, current circumstances, issues and recommended motion. He presented a draft resolution, draft meeting minutes from the April 22, 2019 Planning Commission Meeting, applicant narrative received by City Staff on May 3, 2019 and City Staff report for variance request. Commission Comments/Questions: Tieman: Thanked Planner Matzke for all the information and conditions regarding this subject. Tschetter: Thanked Planner Matzke. He asked what the summarization of the recommendation deck size is and commented on the proposed deck seemed reasonable and typical for non- conforming variance deck situations, not being closer to the lake or closer to a setback for a typical variance, completion of request from the Commissioners, obligation on the applicant regarding the public hearing, reasonable compromises out of respect, proposed deck that is outlined seems reasonable and he stated he has no further concerns with what has been presented. Kallberg: Asked to review the last two photos of the deck/porch. He asked if the four posts under the lower deck are the same as seen in the next photo. Applicant Dan Dauffenbach: Resides at 15402 Forsythe Road NE, answered yes, they are the same four footings that are on both pictures. He said they are under the three-season porch deck. Kallberg: Asked if that deck was the 10 x 18 one. Dauffenbach: Replied yes. Kallberg: Questioned the current applicant’s narrative for removing supports and footings and excavation; and asked if that would be necessary. Dauffenbach: Said it would not be necessary if you allowed me to keep the current dimension. He commented on reducing the size of the upper deck, no need to pour new footings and the deck on top being the same size as the bottom one. Kallberg: Asked if the top deck is the same now as the bottom deck with the enclosure. Dauffenbach: Responded that is correct. Kallberg: Said staff is recommending the 10 X 18 size deck. Dauffenbach: Said correct. Planner Matzke: Mentioned to Commissioner Kallberg the current size of the porch, explaining the actual size from the exterior walls to the existing porch, stating it is 15 x 18 feet with footings being out further from the existing retaining wall. Kallberg: Said he doesn’t want any additional disturbance to the bluff and he would prefer to allow those decks to remain. He said he would be fine with the dimensions of both upper and lower decks and leaving both decks at the same external dimensions. Planner Matzke: Replied that would make the decks the 15 x 18 feet originally presented in the narrative. He explained that is the existing dimensions on the four posts. Dauffenbach: explained how the lower deck was deeper by a couple of feet when he bought the house and they shortened up the lower deck when they put the top deck on. Kallberg: Asked if the bottom deck is 10 x 18 feet. Dauffenbach: Replied no, it is deeper than that. Kallberg: Asked if it is 15 x 18 feet. Dauffenbach: Replied yes. Kallberg: Confirmed that the earlier one was more than 15 feet. Dauffenbach: Said yes and it was quite a bit wider also. Kallberg: Commented on not tearing into the bluff anymore as it already has been with footings and retaining walls etc. He said he is willing to allow the existing supports to remain and those would define the dimensions of both upper and lower decks. Tieman: Asked Mr. Dauffenbach if the retaining wall is new, installed or existing. 5 Dauffenbach: Explained there was failing redwood up against the house that was falling apart. He said they replaced the failing retaining wall with interlocking pin keystone block. Tieman: Asked when the keystone installed. Dauffenbach: Replied around 2001, 2002 and 2003. Tieman: Said he missed that on the report. Dauffenbach: Explained how the house was strictly a remodel house and stated everything was falling apart on the exterior. Kallberg: Asked about the block retaining wall material under the deck. Dauffenbach: Replied it is called Keystone Jumbo’s, it is the large 18 inch retaining wall. He commented on the limestone footing as it was a recommended block to hold any movement. MOTION BY TSCHETTER, MOTION FAILED FOR A LACK OF A SECOND MOTION FOR 15402 FORSYTHE ROAD SE APPROVING A DRAFT RESOLTUION VARIANCE TO ALLOW A 10-FOOT DEEP BY 18-FEET WIDE UPPER AND LOWER LEVEL DECK IN THE BLUFF IMPACT ZONE FOR A PROPERTY IN R1-SD (LOW DENSITY RESIDENTIAL SHORELAND) ZONING DISTRICT. The Motion failed. Kallberg: Said he would like to amend the motion because Staff is recommending 10-foot deep by 18-feet wide and the footings at 15-feet; he would recommend that these footings and supports remain as there is probably not enough room to move back five (5) feet with that retaining wall in place. McCabe: Explained the motion on the table and how it would need to be acted upon. He said the motion and the second would need to be for the resolution as written. He said if you would like to propose modifications the motion would either must die for lack of a 2nd motion or a friendly memo would need to be accepted. Kallberg: Said he would not make a 2nd to the motion. MOTION BY KALLBERG, SECONDED BY TIEMAN TO APPROVE RESOLUTION 19-08PC APPROVING A DRAFT RESOLUTION VARIANCE TO ALLOW A 15-FOOT DEEP BY 18-FEET WIDE LOWER AND UPPER LEVEL DECK IN THE BLUFF IMPACT ZONE FOR A PROPERTY IN THE R1- SD (LOW DENSITY RESIDENTIAL SHORELAND) ZONING DISTRICT. VOTE: Ayes by Tieman and Kallberg. Nay by Tschetter. Fleming and Ringstad Absent. The Motion carried. 6. New Business: Announcements: • Next meeting is Tuesday, May 28, 2019. 7. Adjournment: MOTION BY TSCHETTER, SECONDED BY KALLBERG TO ADJORN THE MONDAY, MAY 13, 2019 PLANNING COMMISSION MEETING AT 6:57 P.M. VOTE: Ayes by Tieman, Kallberg, Tschetter. Fleming and Ringstad Absent. The Motion carried. Respectfully submitted, Sandra Peppin, Services Assistant.