HomeMy WebLinkAbout3 - 08 14 2023 PCM Minutes
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PRIOR LAKE PLANNING COMMISSION MINUTES
MONDAY, AUGUST 14, 2023
1. Call to Order and Pledge of Allegiance:
Chair Tschetter called the MONDAY, AUGUST 14, 2023 Prior Lake Planning Commission meeting to order at
6:00p.m. Those present were Commissioners, Jason Tschetter, Dan Ringstad, William Kallberg, Doug Johnson,
Michael Tennison, and Christian Fenstermacher. Also present were City Council Liaison Kim Churchill,
Community Development Director Casey McCabe, Planner Jeff Matzke, and Planner Paul Moretto.
2. Approval of MONDAY, AUGUST 14, 2023 Agenda:
MOTION BY RINGSTAD SECONDED BY JOHNSON TO APPROVE THE MONDAY, AUGUST 14, 2023 PRIOR
LAKE PLANNING COMMISSION AGENDA.
VOTE: Ayes by Kallberg, Tschetter, Fenstermacher, Johnson, Ringstad.
The Motion carried 5-0.
3. Approval of MONDAY JULY 10, 2023 Meeting Minutes:
MOTION BY JOHNSON, SECONDED BY RINGSTAD TO APPROVE THE MONDAY JULY 10, 2023 PRIOR
LAKE PLANNING COMMISSION MEETING MINUTES.
VOTE: Tschetter, Ringstad, Kallberg, Johnson, and Tennison.
The Motion carried 5-0.
4. Public Hearings:
A. PDEV23-000023 – 3470 Sycamore TRL SW – Registered Land Survey - HM HOMEWORKS
LLC is requesting a Registered Land Survey to register the entirety of the property a t 3470
Sycamore TRL SW. PIDs: 250980060 and 251950011.
Planner Matzke: Introduced the public hearing and stated HM Homeworks LLC has applied for the approval of
a registered land survey on approximately 22,400 square feet of land to combine two parcels of land at 3470
Sycamore Trail SE on the shore of Upper Prior Lake, north of TH 13 and west of Willow Beach Trail. Matzke
explained a Registered Land Survey is a survey performed for the identification of registered (or Torrens) lands
in accordance with the requirements of Minnesota Statutes. The applicant proposes to designate the property
as a registered land survey. Matzke provided an overview of the property and the request to combine two existing
parcels of land. The combined parcel will meet the City requirements for the R-1 Zoning District and will comply
with all relevant ordinance provisions and City standards. Matzke recommended approval of the registered land
survey with a condition of approval that the registered land survey shall be recorded at Scott County within 90
days of approval by the City Council.
Commission Comments/Questions:
Tschetter: Asked staff to confirm the Registered Land Subdivision (RLS) defined the pie shape lot previously
and the new RLS will show define the two combined lots.
Matzke: Stated the pie shaped lot is a previous RLS and that area is not being is being combined with adjacent
lot in a new RLS.
Tschetter: Asked staff to confirm this will be a conforming lot.
Matzke: Correct
Kallberg: Asked how is property described currently.
Matzke: Stated on parcel is described as a RLS and the other is a Lot and Block within Maplewood Townsite.
Two warranty deeds, two PIDs, two tax records currently exist. The new legal description will be a RLS # and
that will legal description of the two combined lots moving forward.
Kallberg: Asked about the government lot shown on the survey being included in the RLS.
Matzke: Stated it is included, the property owners own land to the lakeshore.
Applicant:
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Megan Rogers, Attorney with Larkin Hoffman, 8300 Norman Center Drive, Bloomington MN introduced herself
as a representative for HM Homeworks, thanked staff for their presentation and stated she was available for
questions.
MOTION BY RINGSTAD, SECONDED BY KALLBERG TO OPEN THE PUBLIC HEARING ON ITEM 4A AT
6:12 P.M.
VOTE: Tschetter, Ringstad, Kallberg, Johnson, and Tennison.
The Motion carried 5-0.
Public Comment:
None
MOTION BY JOHNSON, SECONDED BY TENNISON TO CLOSE THE PUBLIC HEARING ON ITEM 4A AT
6:13 P.M.
VOTE: Tschetter, Ringstad, Kallberg, Johnson, and Tennison.
The Motion carried 5-0.
Commission Comments/Questions:
Kallberg: simplifies legal description and will support.
MOTION BY TENNISON, SECONDED BY JOHNSON TO RECOMMEND THE CITY COUNCIL APPROVE THE
REGISTERED LAND SURVEY.
VOTE: Tschetter, Ringstad, Kallberg, Johnson, and Tennison.
The Motion carried 5-0.
5. Old Business:
6. New Business:
A. Variance Extension - Pebble Creek Homes, on behalf of the property owner Kathy Bachelor Revocable
Trust, is requesting an extension of a previous variance approval from the minimum rear yard setback,
maximum impervious surface coverage, and minimum side yard setback to allow construction of a new
single-family dwelling located on Lot 18, Green Heights. PID: 250940141.
Planner Matzke: Introduced the item and provided a history of the August 22, 2022 variance approval from the
minimum rear yard setback, maximum impervious surface coverage, and minimum side yard setback to allow
construction of a new single-family dwelling on Lot 18, Green Heights. Matzke stated the builder, Pebble Creek
Homes, and the property owner have requested a six-month extension of the variance approval due to the
property owner needing to sell their existing home prior to starting construction of the new home. Matzke
reviewed pertinent City Code language which allows for the Planning Commission, acting as the Board of
Adjustment, to extend a variance approval for a reasonable period, not to exceed one year. Matzke commented
that the city has not amended the City Code related to rear yard setbacks, side yard setbacks, or maximum
impervious surface coverage since these variances were approved in August 2022, nor has the criteria for
evaluating variances changed since that time. Therefore, City staff recommends approval of the extension
request.
Commission Comments/Questions:
Johnson: Asked what the considerations for the planning commission were to increase the amount of impervious
coverage when this variance was first considered.
Matzke: Stated Roosevelt Street is a private road with a portion of the road’s hard surface included on the private
property and thus in the calculation for this site’s impervious surface.
Kallberg: Stated the commission approved the impervious surface variance request based on fact the street was
partially located on the lot and included in the impervious surface calculation.
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Matzke: Eliminating a portion of the private street would reduce the impervious surface; however, it remains to
be seen if that is an option.
Ringstad: The lot is being taxed as a buildable lot and it is the commission’s responsibility to ensure it is
developable. This appears to be a reasonable plan.
Kallberg: The issue tonight is whether to extend the previous variance approval. The request is reasonable due
to the time needed for the property owner to sell another property.
Tschetter: Agrees it is a buildable lot and is intended to be built on.
MOTION BY RINGSTAD, SECONDED BY JOHNSON TO APPROVE A RESOLUTION EXTENDING THE
PREVIOUS VARIANCE APPROVAL.
VOTE: Tschetter, Ringstad, Kallberg, Johnson, and Tennison.
The Motion carried 5-0.
7. Announcements & Adjournment:
MOTION BY RINGSTAD, SECONDED BY JOHNSON TO ADJOURN THE MONDAY, AUGUST 14, 2023,
PLANNING COMMISSION MEETING AT 6:25 P.M.
VOTE: Tschetter, Ringstad, Kallberg, Johnson, and Tennison.
The Motion carried 5-0.
Respectfully submitted,
Casey McCabe, Community Development Director