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Home My WebLink About05 22 2023 PCM Minutes 1 PRIOR LAKE PLANNING COMMISSION MINUTES MONDAY, MAY 22, 2023 1. Call to Order and Pledge of Allegiance: Vice-Chair Tschetter called the MONDAY, MAY 22, 2023 Prior Lake Planning Commission meeting to order at 6:00 p.m. Those present were Commissioners, Jason Tschetter, William Kallberg, Mike Tennison, Christian Fenstermacher. Absent were Dan Ringstad and Doug Johnson. Also present were City Council Liaison Kim Churchill, Community Development Director Casey McCabe, Planner Jeff Matzke, and Administrative Assistant Jess Erickson. 2. Election of Officers: Director McCabe: Introduced the agenda item to elect a Chair among the Planning Commission members. Planning Commissioner Chair, David Tieman, submitted his resignation from the Commission; Mr. Tieman’s last meeting was on May 8, 2023. Planning Commission Bylaws state, If the office Chair of Vice-Chair becomes vacant, the Commission shall appoint a replacement by majority vote of those members present at the next regular meeting, and such election shall be for the unexpired term of said office. All regular voting Planning Commission members are eligible to become Chair. If the Commission elects Vice-Chair Tschetter to serve as Chair, the Commission will then also need to elect a new Vice-Chair. The Commissioner selected to become Chair shall serve in that role for the remainder of the current term, which expires on October 31, 2023. MOTION BY TENNISON AND SECOND BY KALLBERG TO NOIMINATE TSCHETTER OF THE PLANNING COMMISSION TO SERVE AS CHAIR. VOTE: Ayes by Kallberg, Tschetter, Tennison and Fenstermacher. The Motion carried 4-0. MOTION BY KALLBERG AND SECOND BY TSCHETTER TO TABLE THE NOMINAITION FOR VICE CHAIR UNTIL FUTURE MEETING. VOTE: Ayes by Kallberg, Tschetter, Tennison and Fenstermacher. The Motion carried 4-0. 3. Approval of MONDAY, MAY 22, 2023 Agenda: MOTION BY KALLBERG, SECONDED BY TENNISON TO APPROVE THE MONDAY, MAY 22, 2023 PRIOR LAKE PLANNING COMMISSION AGENDA. VOTE: Ayes by Kallberg, Tschetter, Tennison and Fenstermacher. The Motion carried 4-0. 4. Approval of MONDAY MAY 8, 2022 Meeting Minutes: MOTION BY FENSTERMACHER, SECONDED BY TENNISON TO APPROVE THE MONDAY MAY 8, 2022 PRIOR LAKE PLANNING COMMISSION MEETING MINUTES. VOTE: Ayes by Kallberg, Tschetter, Tennison and Fenstermacher. The Motion carried 4-0. 5. Public Hearings: A. PDEV23-000013-14756 Cove Avenue Variance – Property owner, Jeffrey Belzer is requesting a variance from the side yard setbacks on property located at 14756 Cove Ave SE. The request would allow a garage addition at the current 5.0-foot setback of the house. A request to place a roof eave within the side yard setback is also included. PID 258010500 Planner Matzke: Introduced the public hearing to consider variances from the minimum side yard setbacks for construction of an addition to the existing attached garage for a property at 14756 Cove Avenue SE. Matzke 2 discussed the history, current circumstances, issues and concluded that city staff believes variances are warranted and necessary to allow for construction of a typical garage depth due the narrowness of the lot width (60 feet). Other neighborhood lake homes have similar long side walls on narrow lots. City staff recommend approval of the requested variances with conditions. Commission Comments/Questions: Fenstermacher-Asked about another garage on property, is that part of the property. Matzke: Replied, yes that is part of the property. Kallberg: Asked about the construction in a narrow long space, difficult to do. Tschetter: Asked if it’s the same property owner as 2007. Matzke: Replied it is not the same property owner that built the home. Tschetter: Commented that revisiting a decision from 2007 was my concern. Applicant: Charlie Simmons, Charlie & Co., 1601 Utica Avenue South representing applicant- Addressed the question regarding the complexity of work, yes it will be difficult with machines in a narrow space. They will be using small machinery land diggers that are 4 feet wide that will get in an excavate and will not affect the neighbor to the north. The generator and AC unit will be pushed back and be in a more compliant manner. Clarified the detached garage, they use it as a storage unit. MOTION BY KALLBERG, SECONDED BY FENSTERMACHER TO OPEN THE PUBLIC HEARING ON ITEM 5A AT 6:20P.M. VOTE: Ayes by Kallberg, Tschetter, Tennison and Fenstermacher. The Motion carried 4-0. Public Comment: John McGinnis 14744 Cove Ave SE- Homeowner to the north, concerned about the Belzers retaining wall being compromised when digging the footings, also worried about run off and if screening can be done for the electrical boxes. Charlie Simmons- Pertaining to the retaining wall it is our clients retaining wall, we have looked at it with the general contractor they believe structurally it will not be compromised in anyway in their opinion, if any damage occurs from construction, it will get repaired. With the shrubbery we are confident that the root structure should not be damaged, and we have already talked to the property owner about replacing with new. Regarding the water run off there are not any gutters, we will be placing new gutters on the full run and the downspouts will be facing the detached garage away from the neighbors. Utilities will be moved to the narrow side not facing the neighbor. Our goal is to make homes better for everyone. MOTION BY KALLBERG, SECONDED BY TENNISON TO CLOSE THE PUBLIC HEARING ON ITEM 5A AT 6:25 P.M. VOTE: Ayes by Kallberg, Tschetter, Tennison and Fenstermacher. The Motion carried 4-0. Commission Comments/Questions: Tennison-There has been a lot of thought and consideration for this addition, this is a variance that makes sense, it’s not the case of two houses right next to each at the garage area, you don’t have the narrow effect. Fenstermacher-Suggests that the screening be extended, appreciates that they are working with the neighbor. Kallberg: Concerned about neighbor that looks at a continuous wall with no windows, also potential for damage. Tschetter: It’s meeting the four points for the variance, it’s important that we maintain harmony in the neighboorhood. MOTION BY TSCHETTER, SECONDED BY TENNISON TO ADOPT A RESOLUTION APPROVING THE VARIANCES REQUESTED FOR 14756 COVE AVENUE SE WITH THE LISTED CONDITIONS. VOTE: Ayes by Tschetter, Tennison and Fenstermacher, Nay by Kallberg. The Motion carried 3-1. 3 B. PDEV23-000012-Zoning Code Text Amendment-Pixie Point Homeowners Association–The Pixie Point Homeowners Association is requesting a text amendment to Prior Lake Zoning Code to Subsection 1122.300, Land Use Definitions and Conditions, to amend the definition of Controlled Access Lot to revise the number of slips permitted for the Pixie Point Homeowners Association from five to six. Director McCabe: Introduced the agenda item to consider a request from the Pixie Point Homeowners Association to amend the definition of Controlled Access Lot within Prior Lake City Code Subsection 1122.300, Land Use Definitions and Conditions, to increase the number of slips permitted for the Pixie Point Homeowners Association (HOA) from five to six. McCabe discussed the background, current circumstances, and concluded that this proposed amendment request is related to a somewhat unique circumstance, City staff believes there is a public need for the amendment to address the discrepancy between current zoning code language limiting the number of boat slips to five for the Pixie Point Homeowners Association based on the original DNR permit and the Stipulation of Settlement allowing for six boat slips. Commission Comments/Questions: Tschetter: Asked how many homes are in the HOA. Asked how many slips will be allowed under the new rules. McCabe: Replied there are 21 homes and under the new rules 1 slip per 40, up to the six docks. Tschetter: In 2003 the stipulation was executed the single repairing lot was 6. Tennison: Why couldn’t they just do a variance and other dock part of another association. McCabe: A variance wouldn’t be appropriate there is nothing unique about this parcel. Dock to the south is part of the association. Fenstermacher: Asked about the settlement agreement. McCabe: The settlement agreed to among neighbors within a certain area of this dockage system within the 40 feet. Applicant: Greg Stroh 14968 Pixie Point Circle- What the court did in settling the usage of the easement, they allowed the easement holders in the back lots to have 42 ft on the south side for their dock system. There is a 16 ft space between that dock system and other property owners. We were given 42 ft by the court and the easement holders 42 ft by the court and the easement holders 42 ft with 16 ft with any boat access for fishing and swimming for all 21 easement holders. We formed a new association with governance and bylaw rules, 6 holders have slips on FCFS basis. Then the neighborhood agreed on bylaws and organization, then we came to the city to allow for the 6 slips. Tschetter: Asked the 21 back lot owners that use these. Greg Stroh: The property owners are easement holders as well, we have given up our right to use the easement docks, the 21 includes the two twin homeowners. The neighborhood is in harmony and trying to make good on what the court told us to do. Fenstermacher: Asked about any issues within the code with all members in the association, would it be 8. McCabe: It is 100 ft of lakeshore, we would go by total number of watercrafts, eight watercrafts at this site. Tschetter: Asked about the southerly slips will have watercraft assigned to the HOA, the HOA will address no subletting or issues in the zoning ordinance. McCabe: The southerly lots are in the stipulation agreement for the property owners the 42 ft are for the association lots, as far as enforcement if we got a complaint and we would enforce like we do others. Greg Stroh: Our bylaws and articles incorporate those very rules that the City has imposed on those six slips. MOTION BY KALLBERG, SECONDED BY FENSTERMACHER TO OPEN THE PUBLIC HEARING ON ITEM 5B AT 6:57P.M. VOTE: Ayes by Kallberg, Tschetter, Tennison and Fenstermacher. The Motion carried 4-0. Public Comment: Becky Zuehlke 3155 210th St-14988 Pixie Point-concerned about access to their slip after association moves their dock 16 ft. 4 McCabe: If you have 2 or fewer there is no setback, they can’t physically fit 2 in that area. In this case we don’t know if it’s physically impossible we have worked with the Scott County Sheriff’s office or DNR to establish that would work with the property owners. Tommy Anderson 14970 Pixie Point Circle SE- both property owners of the 100 ft are in favor. MOTION BY KALLBERG SECONDED BY TENNISON TO CLOSE THE PUBLIC HEARING ON ITEM 5B AT 7:02 P.M. VOTE: Ayes by Kallberg, Tschetter, Tennison and Fenstermacher. The Motion carried 4-0. Commission Comments/Questions: Tennison: Asked about moving the dock over, are we going to run into any issues with north side property owners. McCabe: There shouldn’t be any access issues. Tschetter: It’s challenging with the tight lots and appreciates the efforts over the last 20 years to give access and applaud your work with city staff. MOTION BY KALLBERG, SECONDED BY FENSTEMACHER TO RECOMMEND THE CITY COUNCIL AMEND THE DEFINITION OF CONTROLLED ACCESS LOT WITHIN PRIOR LAKE CITY CODE SUBESECTION 1122.300, LAND USE DEFINITIONS AND CONDITIONS, TO INCREASE THE NUMBER OF SLIPS PERMITTED FOR THE PIXIE POINT HOMEOWNERS ASSOCIATION FROM FIVE (5) TO SIX (6). VOTE: Ayes by Kallberg, Tschetter, Tennison and Fenstermacher. The Motion carried 4-0. 6. Old Business: None. 7. New Business: None. 8. Announcements & Adjournment: Announcements: McCabe-There will be a couple items for June 12th for the next Planning Commission meeting. MOTION BY TENNISON, SECONDED BY KALLBERG TO ADJOURN THE MONDAY, MAY 22, 2023, PLANNING COMMISSION MEETING AT 7:05P.M. VOTE: Ayes by Kallberg, Tschetter, Tennison and Fenstermacher. The Motion carried 4-0. Respectfully submitted, Jess Erickson, Administrative Assistant