HomeMy WebLinkAbout7D - Three Season Porches
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
STAFF AGENDA REPORT
70
JANE KANSIER, PLANNING COORDINATOR
CONSIDER APPROVAL OF ORDINANCE #97-XX
AMENDING THE ZONING ORDINANCE AND CITY CODE
RELATING TO THE CONVERSION OF EXISTING DECKS
NOT MEETING REQUIRED SETBACKS TO THREE
SEASON PORCHES
JUNE 16, 1997
The purpose of this item is to consider approval of an
amendment to the Zoning Ordinance and City Code pertaining
to the conversion of existing decks which do not meet the
required setbacks into three season porches.
On March 17, 1997, the City Council reviewed an appeal of a
Planning Commission decision to deny a variance request for
a reduced lakeshore setback. The variance involved the
conversion of an existing deck to a three season porch. The
Council tabled action on this item; however, in response to the
appeal, the Council directed the staff to initiate an amendment
to the Zoning Ordinance which might address some of the
issues raised by this appeal. This amendment relates to the
conversion of existing decks which do not meet the required
setbacks to a three season porch.
The proposed amendment is very similar to an amendment
adopted by the Council in May, 1996. The 1996 amendment
allowed the replacement of existing decks subject to three
conditions (see attached Planning Report, dated April 14,
1997). The proposed amendment goes one step further by
allowing the conversion of existing decks to three season
porches subject to the following six conditions:
1. The deck to be converted existed on the date the structure
setbacks were established and was also approved under a
valid building permit issued by the City at the time it was
constructed;
2. The three season porch is the same size, configuration,
location and elevation as the deck in existence at the time
the structure setbacks were established;
3. The addition of the three season porch does not increase
the impervious surface of the site beyond the allowed
1:\97files\970rdamd\zoning\97-025\97025cc.doc PAGE 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
thirty percent;
4. The construction of the three season porch meets all
applicable building code requirements.
5. In the Shoreland District, the replacement deck or
conversion meets at least 50% of the required setback
from the ordinary high water mark.
6. In the Shoreland District, any additional accessory
structures, including but not limited to gazebos, platforms,
decks, boathouses, and sheds, not meeting the required
lakeshore setback be removed or relocated to an area
meeting the required setback before construction is
commenced on the conversion to a porch.
The Planning Commission reviewed this amendment at a
public hearing on April 14, 1997. The Commission initially
tabled action on the amendment. On May 27, 1997, the
Planning Commission revisited this issue. The Planning
Commission determined the proposed amendment was more
far reaching than the provision allowing the replacement of
existing decks. The Commission also determined the
amendment is not necessary because of the Council's recent
approval of the amendment changing the setback from the
Ordinary High Water Mark to 50 feet. The Planning
Commission therefore recommended denial of this
amendment.
DISCUSSION:
The City Council directed the staff to prepare an amendment
which would address the issue of converting existing decks to
three season porches. The attached ordinance amendment is
in response to that directive.
Planning Commission Recommendation: The attached
minutes of the Planning Commission meeting summarize the
discussion of this matter. The Planning Commission
recommended denial of this request.
Staff Recommendation: This amendment has several
implications beyond that of replacing an existing deck. First of
all, the amendment applies to all setbacks, potentially allowing
decks located within required side yards, rear yards and front
yards to be converted to a porch, which in turn could result in
porches located within easements (especially in side yards).
Additionally, structural requirements for decks are very
different than those required for porches or other additions.
Many decks, especially older ones, either did not have
building permits, or there is no documentation. There would
be no way to determine if the structural foundation is
adequate for a porch. For this reason, the staff recommends
denial of this amendment.
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PAGE 2
ALTERNATIVES:
RECOMMENDATION:
ACTION REQUIRED:
REPORT
ATTACHMENTS:
1. Adopt the amendment to the Zoning Ordinance as
proposed or with specific changes directed by the Council.
2. Further discuss this issue and direct the staff to provide
additional information to the City Council.
3. Deny the proposed amendment.
Adopt Alternative #3.
A motion and second to deny the proposed ordinance. If the
Council chooses to adopt this ordinance, this action requires a
4/5 vote of the Council.
1. Proposed Ordinance
2. Minutes of May 27, 1997 Planning Commission Meeting
3. ,Planning R('t daray 27,1997
~lj ;( ~.
Reviewed B . Fr nk oyles, City Manager
1:\97files\97 ordamd\zoning\97 -025\97025cc.doc
PAGE 3
CITY OF PRIOR LAKE
ORDINANCE NO. 97- XX
AN ORDINANCE AMENDING SECTION 5-4-1 B OF THE PRIOR LAKE CITY
CODE AND AMENDING SECTION 4.1 B OF THE PRIOR LAKE ZONING
ORDINANCE 83-6.
The City Council of the City of Prior Lake does hereby ordain:
Section 5-4-1 B of the Prior Lake City Code and Section 4.1 B of the Prior Lake Zoning
Ordinance 83-6 are hereby amended to read as follows:
B. All structures, whether attached to the principal structure or not, and whether open or
enclosed, including porches, carports, balconies, cantilevers and chimneys or
platforms above normal grade level, shall not project into any minimum front, side, or
rear yard setbacks. Provided, however, accessory structures for all residential districts
shall be permitted within ten (10') feet from the rear yard setback. Provided, further,
that decks not meeting the required setback may be replaced if the following criteria
are met:
1. The deck existed on the date the structure setbacks were established;
2. The replacement deck is the same size, configuration, location and elevation as
the deck in existence at the time the structure setbacks were established;
3. The deck is constructed primarily of wood, and is not roofed or screened.
Also provided that existing decks not meeting the required setback may be converted
into a three season if the following criteria are met:
L The deck to be converted existed on the date the structure setbacks were
established and was also approved under a valid building permit issued by the
City at the time it was constructed:
2..... The three season porch is the same size. configuration. location and elevation as
the deck in existence at the time the structure setbacks were established:
L The addition of the three season porch does not increase the impervious surface of
the site beyond the allowed thirty percent:
1..... The construction of the three season porch meets all applicable building code
requirements.
2.... In the Shoreland District. the replacement deck or conversion meets at least 50%
of the required setback from the ordinary hijih water mark.
1:\97files\97ordamd\zoning\97-025\draftord.doc PAGE 1
16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
.6..... In the Shoreland District. any additional accessory- structures. includin~ but not
limited to ~azebos. platforms. decks. boathouses. and sheds. not meetin~ the
required lakeshore setback be removed or relocated to an area meetin~ the
required setback before construction is commenced on the conversion to a porch.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 16th day of June, 1997.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the _ day of
,1997.
Drafted By:
City of Prior Lake Planning Department
16200 Eagle Creek Avenue
Prior Lake, MN 55372
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PAGE 2
--- ---- -
.
PLANNING COMMISSION MINUTES
MAY 27,1997
1. Call to Order:
The May 27, 1997, Planning Commission meeting was called to order by Chairman
Criego at 6:32 p.m. Those present were Commissioners Criego, Kuykendall, Stamson,
and Vonhof, Director of Planning Don Rye, Planning Coordinator Jane Kansier, Assistant
City Engineer Sue McDermott and Recording Secretary Connie Carlson.
2. Roll Call:
Stamson
Kuykendall
Criego
V onhof
Wuellner
Present
Present
Present
Present
Absent
3. Approval of Minutes:
MOTION BY VONHOF, SECOND BY STAMSON, TO APPROVE THE MAY 12,
1997, MINUTES.
V ote taken signified ayes by Criego, Kuykendall, V onhof and Stamson. MINUTES
APPROVED.
4. Public Hearings:
5. Old Business:
A. Case #97-025 Consider an Amendment to the Zoning Ordinance pertaining
to the conversion of existing decks not meeting required setbacks to three season
porches. (Continued)
Planning Coordinator Jane Kansier presented the staff report dated May 27, 1997.
The Planning Commission held a public hearing to consider this text amendment on April
14, 1997. At that'time, the Commission continued consideration of the amendment until
May 27, 1997. The proposed amendment would allow the conversion of existing decks
which do not meet the required setbacks to a three season porch. This amendment was
initiated by the Council on March 17, 1997, in response to an appeal of a Planning
Commission decision to deny a variance request for a reduced lakeshore setback. The
variance involved the conversion of an existing deck to a three season porch. At the same
time, the Council initiated an amendment to the required setback from the Ordinary High
Water Mark.
MN052797.DOC
The Planning Commission originally tabled action on this item since it was related to the
amendment which reduced the required setback from the Ordinary High Water Mark.
This amendment is much more far reaching than the provision allowing the replacement
of existing decks. Therefore, the staff recommended denial of this amendment. If the
Planning Commission finds the amendment is appropriate, staff recommended the
additional language suggested by the DNR be included.
Comments from the Commissioners:
V onhof:
. No change from the original proposal.
. Agreed with Staff.
Commissioners Kuykendall, Stamson and Criego concurred.
MOTION BY STAMSON, SECOND BY CRIEGO, TO RECOMMEND TO CITY
COUNCIL DENIAL OF THE PROPOSED ORDINANCE AMENDING SECTION 5-4-
I B OF THE PRIOR LAKE CITY CODE AND AMENDING SECTION 4.1 B OF THE
PRIOR LAKE ZONING ORDINANCE 83-6.
Vote taken signified ayes by all. MOTION CARRIED.
6. New Business:
A. Recommendation for Planning Commission Chair
The Planning Commission will recommend to City Council, Tony Stamson as Chair of
the Commission. Tom Vonhofwas elected Vice-Chair.
Commissioner Kuykendall requested to see the down town Prior Lake studies to address
some of the issues brought up by the businesses at the Priordale Mall forum.
Planning Director Don Rye briefed the Commissioners on the Economic Development
Authority forum on the Priordale Mall.
The Commissioners discussed being pro-active in planning for the community, i.e. tie in
down town, Priordale Mall area and Lakefront Park. Produce a theme look and sell it.
Contact the University (Minnesota Design Team) to help with ideas and development.
Commissioner Kuykendall recommended the Minnesota Design Team be hired for a
weekend to study the City of Prior Lake and go forward with their recommendations.
MN052797.DOC
2
---. I' e
PLANNING REPORT
PRESENTER:
PUBLIC HEARING:
DATE:
SA
CONSIDER AN AMENDMENT TO THE ZONING
ORDINANCE PERTAINING TO THE CONVERSION OF
EXISTING DECKS NOT MEETING REQUIRED
SETBACKS TO THREE SEASON PORCHES (Case
File #97-025)
JANE KANSIER, PLANNING COORDINATOR
_YES --X- NO
MAY 27,1997
AGENDA ITEM:
SUBJECT:
INTRODUCTION:
The Planning Commission held a public hearing to consider this text amendment
on April 14, 1997. At that time, the Commission tabled action on the amendment
until May 27, 1997.
BACKGROUND:
The proposed amendment would allow the conversion of existing decks which do
not meet the required setbacks to a three season porch. This amendment was
initiated by the Council on March 17, 1997, in response to an appeal of a
Planning Commission decision to deny a variance request for a reduced
lakeshore setback. The variance involved the conversion of an existing deck to
a three season porch. At the same time, the Council initiated an amendment to
the required setback from the OHWM. (On May 5, 1997, the Council adopted an
amendment to the Zoning Ordinance which reduced the required setback from
the Ordinary High Water Mark from 75' to 50 feet.)
DISCUSSION:
The Planning Commission originally tabled action on this item since it was
related to the amendment which reduced the required setback from the OHWM.
That amendment has since been adopted.
The attached Planning Report, dated April 14, 1997, explains this amendment in
detail. The Planning Commission did not request any additional information
about this proposal.
1:\97files\97ordamd\zoning\97-025\97025pc2.doc Page 1
16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORT\.JNITY E:\1PLOYER
ALTERNATIVES:
1. Recommend the Council approve the amendments as proposed, or with
changes specified by the Planning Commission.
2. Recommend the Council deny the proposed amendments.
3. Table or continue discussion of the item for specific purpose.
RECOMMENDA TION:
This amendment is much more far reaching than the provision allowing the
replacement of existing decks. Therefore, the staff recommends denial of this
amendment (alternative #2). If the Planning Commission finds the amendment is
appropriate, we would recommend the additional language suggested by the
DNR be included. The attached draft ordinance includes this language.
ACTION REQUIRED:
A motion and second recommending denial of the proposed amendments.
REPORT ATTACHMENTS:
1. Planning Report Dated April 14, 1997
2. Minutes of April 14, 1997, Planning Commission Meeting
I :\97files\97 ordamd\zoning\97 -025\97025pc2.doc
Page 2
PLANNING REPORT
PRESENTER:
PUBLIC HEARING:
DATE:
4C
PUBLIC HEARING TO CONSIDER AN AMENDMENT
TO THE ZONING ORDINANCE PERTAINING TO THE
CONVERSION OF EXISTING DECKS NOT MEETING
REQUIRED SETBACKS TO THREE SEASON
PORCHES (Case File #97-025)
JANE KANSIER, PLANNING COORDINATOR
--L YES NO
APRIL 14, 1997
AGENDA ITEM:
SUBJECT:
INTRODUCTION:
The purpose of this public hearing is to consider an amendment to the Zoning
Ordinance which would permit an existing deck not meeting the required
setbacks to be converted into a three season porch.
BACKGROUND:
On March 17, 1997, the City Council reviewed an appeal of a Planning
Commission decision to deny a variance request for a reduced lakeshore
setback. The variance involved the conversion of an existing deck to a three
season porch. The Council tabled action on this item; however, in response to
the appeal, the Council directed the staff to initiate an amendment to the Zoning
Ordinance which might address some of the issues raised by this appeal. This
amendment relates to the conversion of existing decks which do not meet the
required setbacks to a three season porch. (An amendment to the required
setback from the OHWM will also be considered by the Planning Commission at
this meeting.)
DISCUSSION:
In May, 1996, the Council adopted an amendment to the Zoning Ordinance
allowing the replacement of an existing deck not meeting the required setback
under the following conditions:
1. The deck existed on the date the structure setbacks were established;
1:\97fifes\97ordamd\zoning\97-025\97025pc.doc Page 1
16200 Eagle Creek Ave. S.L Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTL'NITY E:VIPLOYER
2. The replacement deck is the same size, configuration, location and elevation
as the deck in existence at the time the structure setbacks were established;
3. The deck is constructed primarily of wood, and is not roofed or screened.
The proposed amendment is very similar to this language; however it goes one
step further. This amendment will allow the deck to be replaced with a three
season porch. The proposed amendment to Section 4.1 8 of the Zoning Code
reads as follows (new language in bold italics):
B. All structures, whether attached to the principal structure or not, and whether
open or enclosed, including porches, carports, balconies, cantilevers and
chimneys or platforms above normal grade level, shall not project into any
minimum front, side, or rear yard setbacks. Provided, however, accessory
structures for all residential districts shall be permitted within ten (10') feet
from the rear yard setback. Provided, further, that decks not meeting the
required setback may be replaced if the following criteria are met:
1. The deck existed on the date the structure setbacks were established;
2. The replacement deck is the same size, configuration, location and
elevation as the deck in existence at the time the structure setbacks were
established;
3. The deck is constructed primarily of wood, and is not roofed or screened.
Also provided that existing decks not meeting the required setback may
be converted into a three season if the fol/owing criteria are met:
1. The deck to be converted existed on the date the structure setbacks
were established;
2. The three season porch is the same size, configuration, location and
elevation as the deck in existence at the time the structure setbacks
were established;
3. The addition of the three season porch does not increase the
impervious surface of the site beyond the aI/owed thirty percent;
4. The construction of the three season porch meets aI/ applicable
building code requirements.
The DNR has also suggested the following criteria be added to thi,s amendment:
. The deck to be converted not only existed on the date the structure setbacks
were established, but was also approved under a valid building permit issued
by the City at the time it was constructed.
. In the Shoreland District, the replacement deck or conversion meets at least
50% of the required setback from the ordinary high water mark.
. In the Shoreland District, any additional accessory structures, including but
not limited to gazebos, platforms, decks, boathouses, and sheds, not meeting
1:\97files\97 ordamd\zoning\97 -025\97025pc.doc
Page 2
the required lakeshore setback be removed or relocated to an area meeting
the required setback before construction is commenced on the conversion to
a porch.
This amendment has several implications beyond that of replacing an existing
deck. First of all, the amendment applies to all setbacks, potentially allowing
decks located within required side yards, rear yards and front yards to be
converted to a porch, which in turn could result in porches located within
easements (especially in side yards). Additionally, structural requirements for
decks are very different than those required for porches or other additions. Many
decks, especially older ones, either did not have building permits, or there is no
documentation. There would be no way to determine if the structural foundation
is adequate for a porch.
ALTERNATIVES:
1. Recommend the Council approve the amendments as proposed, or with
changes specified by the Planning Commission.
2. Recommend the Council deny the proposed amendments.
3. Table or continue discussion of the item for specific purpose.
RECOMMENDA TION:
This amendment is much more far reaching than the provision allowing the
replacement of existing decks. Therefore, the staff recommends denial of this
amendment (alternative #2). If the Planning Commission finds the amendment is
appropriate, we would recommend the additional language suggested by the
DNR be included. The attached draft ordinance includes this language.
ACTION REQUIRED:
A motion and second recommending denial of the proposed amendments.
REPORT ATTACHMENTS:
1. Draft Ordinance Language
2. Letter from DNR
3. Hearing Notice
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Page 3
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CITY OF PRIOR LAKE
ORDINANCE NO. 97-
AN ORDINANCE AMENDING SECTION 5-4-1 B OF THE PRIOR LAKE CITY
CODE AND AMENDING SECTION 4.1 B OF THE PRIOR LAKE ZONING
ORDINANCE 83-6.
The City Council of the City of Prior Lake does hereby ordain:
Section 5-4-1 B of the Prior Lake City Code and Section 4.1 B of the Prior Lake Zoning
Ordinance 83-6 are hereby amended to read as follows:
B. All structures, whether attached to the principal structure or not, and whether open or
enclosed, including porches, carports, balconies, cantilevers and chimneys or
platforms above normal grade level, shall not project into any minimum front, side, or
rear yard setbacks. Provided, however, accessory structures for all residential districts
shall be permitted within ten (10') feet from the rear yard setback. Provided, further,
that decks not meeting the required setback may be replaced if the following criteria
are met:
1. The deck existed on the date the structure setbacks were established;
2. The replacement deck is the same size, configuration, location and elevation as
the deck in existence at the time the structure setbacks were established;
3. The deck is constructed primarily of wood, and is not roofed or screened.
Also provided that existin2 decks not meetin2 the required setback may be converted
into a three season if the followin2 criteria are met:
L The deck to be converted existed on the date the structure setbacks were
established and was also approved under a valid buildin2 permit issued by the
City at the time it was constructed:
2... The three season porch is the same size. confi2uration. location and elevation as
the deck in existence at the time the structure setbacks were established:
L The addition of the three season porch does not increase the impervious surface of
the site beyond the allowed thirty percent:
~ The construction of the three season porch meets all applicable buildin2 code
reQ.uirements.
1:\97 files\97 ordamd\zoning\97 -02S\draftord.doc
PAGE 1
..
2.0- In the Shoreland District. the replacement deck or conversion meets at least 50%
of the required setback from the ordinat:Y hi~h water mark.
Q..... In the Shoreland District. any additional accessory structures. includin~ but not
limited to ~azebos. platforms. decks. boathouses. and sheds. not meetin~ the
required lakeshore setback be removed or relocated to an area meetini the
required setback before construction is commenced on the conversion to a porch.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this _ day of
, 1997.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the _ day of
,1997.
Drafted By:
City of Prior Lake Planning Department
16200 Eagle Creek Avenue
Prior Lake, MN 55372
1:\97 files\97 ordamd\zoning\97 -025\draftord. doc
PAGE 2
SENT BY: DNR METRO;
4 - 9 - 97 11: 35;
8127727573 ~>
8124474245;
#1/2
Minnesota DenartmcnL o(~atllral Rf"SOllrce."i
MetroWaters - 1200Warner ROAU. St. paul, MN 55106-0793
Telephone: (612) 772-7910 Fax: (612) 772-7977
April 9, 1997
post-ir Fax Note 7671 Oale '-{-?' 1/' 01 . 2.
pAges
To J""looIfi/ J~ From '"p~\ L'1 '" (l..
CO./Oepl. 7t..-........."'- Co. ~~
Phone H ..- Phone 1/
'"""l'l ,,-. -) 1. Co
ax M FA. 1/
Ms. Jane Kansier
City of Prior Lake Planning Coordinator
16200 Eagle Creek Avenue S.E.
Prior Lake,.Minnesota 55372- I 714
RE: PROPOSED AMENDMENTS TO PRJOR LAKE ZONING ORDINANCE (CASE FILE #97-024 AND
97-025)
J:)c;ar Ms. T<ansier:
1 have reviewed the proposed amendments to the Prior Lake Zoning Ordinance and offer the following comments
for consideration Ilt the upcoming hearing on April 14. 1997.
CASE "FILE #97-024 : SETBACKS FROM THE ORDINARY HIGH WATER MARK
The table provided in your March 31, 1997 memo to me and ORC members indieates that the city is proposing a
minimwn 50-foot setback from the ordinary high wa~r mark of RD lakes, GD lakes and Tributary sl.Tc:ams. Your
existing ordinAnce requires II 7S-fool setback from those shorc:land classifications. Minimum state setbACk
standards for shoreland., per Minnesota Rules 6120.3300. subpart 3.A, arc 150 feet far NaturAl Environment li1kcs,
7S feet for Recreational Development lakes, and 50 feet for Gcnr.:ral Development lakes and Tributary streams.
These standards are for areas with public sewer systems a.vailable. Historically, the city of Prior Lake has been
more restrictive than the minimum sta~ standard for setback. from General Development lakes and Tributary
streams. Thus. the proposed amendment to reduce the required structure setback on sc:wcrcd General Development
lakes and Tributary steams from 75 feet to 50 feet is acceptable. Howner, the proposed struc:Jure setback
I'ed"c:tiullfrom 75 feet to so feel on :seJlt1ereJ Recreational Development falces (Markley and Unnamed (aka
Blind)) is not consiltent with minimum stat~idt! 1tandllrdst tUld must remai" at 75 feet..
I also note that the maximum building height is indicated as 35 feet. This has been the SLandacd in Prior Lake (and
SC\lcraI other wmmunities as well) for some time. Although !he stale shorcland rules allow a maximwn building
height of 2.5 feet, the DNR has Toutinely approved. ordinanCL"8 11110wing up to 35 feet as a maximum building height.
CASE FILE N91-02! : CONVERSION OF DECKS TO THREE.SEASON POROW
This proposed ouncndment would allow the conversion of existing decks not mccting the reqwred setbacks to thrcc-
sellSon porches provided several criteria are met. T would ofIa that additional crit.eria be lidded lo the four
proposed criteria. The suggested. a.dditions are:
. that the deck La be converted not only existed on the date the slrueturc: setbacks were established, but was also
approved under a valid building permit issued by the city at the tinu; it was constructed.
l'lNI~ 1"('.1"";'1;'.''': (i11.2~16-(,1:;7. 1-l'iOO-7bC'l-(,)OO() . TTY: (>I'.~ .'1;1(; )..x~. 1.><I)I.I.~'l5i-:l')~4
.'\III:qU;11 ()p",n'IHI1I1~ I:InptoyC'.r
"'!hl V;1hll'... I)i"",'r:cil~'
ft l)lrll11r'll ftn 1':1:'1. ~..::.~,I t"ap,," Cl\uL;'IIIIHI~ ;.a
c.~ Minimllnlllf lfl'",; P.....'.("nu',"I1t.:1 \\:;'I~\I,:
SENT BY: DNR METRO;
4 - 9 - 97 11: 35;
6127727573 ~>
6124474245;
#2/2
Jane l(msicr
Apri19,1997
rage; 2
. thAlt the replacement deck or conversion meets :n least 50% of the required setback from the ordinauy high walcr
mark of the shoreland basin or stream.
.. any additional KcessOry stI'Uet:UIeS (gazebo, plalform, deck, boathousl:, shed, CLC.) not meeting the; required lake
or wat.crcourse sctbad: be removed or relocated to an area meeting the required setback before construction is
commenced on the rcplaa:ment deck or conversion to 8 porch.
Your ordinance allows 300/0 impervious surface on residentillllots within shorcland areas. The revised. state
shorclund ::ILandards limit impelVious surfag: to 25%. As I have discussed with city staff in thl: past, your
ordinance violates the: state standard for impervious surface coverage. The DNR has not officially and fonnally
approved YOW' revised shoreland ordinance. As I rec:all, the outsLanding issues were impervious surface coverage
and the combination of existing substomdard lots of record. I suggest perhaps we meet again to discuss these
outstanding issues so that agreement can be reached, and DNR finalization and ac:knowledgmcnl of an approved
shorcland ordin8llce can occur.
Thank you for the opportunity to review and cnmroe!ot 00 the proposed zoning amendmcnLs. If you have any
questions regarding my conunents. ple:lSc call me at 772-7910.
Sincerely.
'-t.~42;U"\ ~4J.~~-----
Patrick J. ~ m
Area Hydrologist
e: Don R.ye, City Planner
NOTICE OF PUBLIC HEARING TO CONSIDER AN AMENDMENT TO
SECTION 5-4-1 OF THE CITY CODE AND TO SECTION 4.1 OF THE PRIOR
LAKE ZONING ORDINANCE RELATING TO THE STRUCTURE SETBACK
AND THE CONVERSION OF EXISTING DECKS NOT MEETING THE
REQUIRED SETBACKS TO THREE SEASON PORCHES
You are hereby notified that the Prior Lake Planning Commission will hold a public
hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road SE (Southwest of
the intersection of C.R. 21 and Fish Point Road), on Monday, April 14, 1997, at 6:30
p.m. or as soon thereafter as possible. The purpose of the public hearing is to consider
an amendment to Section 5-4-1 of the City Code and to Section 4.1 of the Zoning
Ordinance relating to the minimum structure setback and the conversion of existing decks
not meeting required setbacks into three season porches. The proposed amendment
would permit existing decks that do not meet required setbacks, to be converted to three
season porches.
If you wish to be heard in reference to this item, you should attend the public hearing.
Oral and written comments will be considered by the Planning Commission. If you have
questions regarding this matter, please contact the Prior Lake Planning Department at
447-4230 between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday.
Prepared this 21 st day of March, 1997 by:
Jenni Tovar
Planner
City of Prior Lake
TO BE PUBLISHED IN THE PRIOR LAKE AMERICAN ON MARCH 29, 1997
I :\97fi1es\97 ordamd\zoning\97 -025\97025 pn. doc
16200 Eagle Creek Ave. S.E., Prior lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTCNITY E:VIPLOYER
8. Why does our cent ordinance not suffice with the two conditions we have? - Setback
averaging and buildin quests.
9. What has the history 0 '" nted variances be .
All in favor.
.y
C. CASE #97-025 Consider an Amendment to Section 5-4-1 of the City Code and to
Section 4.1 of the Prior Lake Zoning Ordinance relating to the structure setback and the
conversion of existing decks not meeting the required setbacks to three season porches.
The public hearing was opened at 7:19 p.m.
Planning Coordinator Jane Kansier presented the Staff Report.
On March 17, 1997, the City Council reviewed an appeal of a Planning Commission
decision to deny a variance request for a reduced lakeshore setback. The variance
involved the conversion of an existing deck to a three season porch. The Council tabled
action on this item; however, in response to the appeal, the Council directed staff to
initiate an amendment to the Zoning Ordinance which might address some of the issues
raised by this appeal. This amendment relates to the conversion of existing decks which
do not meet the required setbacks to a three season porch. (An amendment to the
required setback from the OHWM will also be considered by the Planning Commission at
this meeting.)
This amendment has several implications beyond that of replacing an existing deck. First
of all, the amendment applies to all setbacks, potentially allowing decks located within
required side yards, rear yards and front yards to be converted to a porch, which in turn
could result in porches located within easements (especially in side yards). Additionally,
structural requirements for G~cks are very different than those required for porches or
other additions. Many decks, especially older ones, either did not have building permits,
or there is no documentation. There would be no way to determine if the structural
foundation is adequate for a porch.
This amendment is much more far reaching than the provision allowing the replacement
of existing decks. The staff recommended denial of tliis amendment.
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Comments from the Public:
Patty Maas, 2195 NW 140th Street, stated her concern for the high level of noise on the
lake. She though it may be possible that building structures accentuate the lake noise
compared to vegetatiOIi and trees. Mrs. Maas ask to consider the issue and help reduce
the high level of sound.
The public hearing was closed at 7:26 p.m.
Comments from the Commissioners:
Kuykendall:
. Agreed with staff.
. Sees all kinds of problems. Does not agree to change an ordinance based on one
denied variance.
. This is related to the previous item and should be continued.
V onhof:
. Can see the rationale to change a deck to a three season porch. But agreed this is
another thing to be considered in tandem with the previous proposal. Both are related
to variances. The City has a legal process.
. There is no compelling reason for the ordinance change.
Stamson:
. Opposed the ordinance change.
. If the footings have to be changed, a person would completely change the structure.
. If a three season porch is okay, why not an addition?
. The ordinance is fme as written.
Criego:
. Agreed with staff's concerns outlined in the report.
. This is another way of getting around the ordinance. The City has to address the big
picture.
. This will allow many people to add on with many problems.
MOTION BY KUYKENDALL, SECOND BY VONHOF, TO CONTINUE THIS ISSUE
TO THE MAY 27, 1997 MEETING.
5.
6.
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