HomeMy WebLinkAbout092500REGULAR PLANNING COMMISSION AGENDA
MONDAY, SEPTEMBER 25, 2000
Fire Station - City Council Chambers
6:30 p.m.
2.
3.
4.
mo
Call Meeting to Order:
Roll Call:
Approval of Minutes:
Public Hearings:
Case File #00-071 Eagle Creek Villas is requesting a variance to lot area less than
the minimum of 7,500 square feet, a variance to lot width less than the minimum
50 feet, and a variance to permit over the maximum allowable impervious surface
area of 30 percent for the property located at 14624 Oakland Beach.
Case File #00-070 Bob Dittman is requesting a variance to construct an addition
to a principal structure and an accessory structure less than the minimum required
25 foot setback to a street right-of-way, also a variance to permit over the
maximum allowable impervious surface are of 30 percent.
5. Old Business:
6. New Business:
e
Case File #00-069 Shamrock Development is requesting vacation of a utility
easement located on the west lot line of Outlot B, the Wilds 4th Addition.
Announcements and Correspondence:
Adjournment:
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16200 Ea§le Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
PLANNING COMMISSION MINUTES
MONDAY, SEPTEMBER 25, 2000
1. Call to Order:
The September 25 2000, Planning Commission meeting was called to order by Chairman
Vonhof at 6:30 p.m. Those present were Commissioners Atwood, Stamson and Vonhof,
Planning Director Don Rye, Planning Coordinator Jane Kansier, Zoning Administrator
Steve Horsman and Recording Secretary Connie Carlson.
2. Roll Call:
Vonhof Present
Criego Absent
Atwood Present
Stamson Present
3. Approval of Minutes:
The Minutes from the September 11, 2000, Planning Commission meeting were approved
as presented.
Chairman Vonhof read the Public Hearing and Appeal statements and opened the first
hearing.
4. Public Hearings:
A. Case File #00-071 Eagle Creek Villas is requesting a variance to lot area less
than the minimum of 7,500 square feet, a variance to lot width less than the
minimum 50 feet, and a variance to permit over the maximum allowable impervious
surface area of 30 percent for the property located at 14624 Oakland Beach.
Zoning Administrator Steve Horsman presented the Planning Report.
The Planning Department received a variance application from Eagle Creek Villas, LLC,
for the construction of a single family dwelling with attached garage on an existing lot of
record. The following variances are being requested:
1. A 3,522 square foot variance to permit a lot area of 3,978 square feet rather than
the required minimum area of 7,500 square feet.
2. A 10.24 foot variance to permit a lot width of 39.76 feet at the building setback
line rather than the required minimum lot width of 50 feet.
Lot 16, Oakland Beach, was platted in 1926. The property is located within the R-1 (Low
Density Residential) and the Shoreland Overlay Districts. The lot is riparian by dedicated
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September 25, 2000
waterfront access to the shoreline as granted to the collective property owners in Oakland
Beach. The applicant does not own either of the adjacent parcels.
The Department of Natural Resources has no objection to the lot area or lot width
variances. The Planning Department received a faxed letter from a neighboring resident
on Oakland Beach Avenue expressing their opinion on the requested variances. This
letter states granting the requested variances would set a precedent and allow a property
owner with two 60' wide lots to create three lots less than 50' wide. It is important to
note this variance applies to an existing platted lot and does not allow the creation of any
new lots.
The Planning staffbelieved by applying today's Ordinance requirements on an
undeveloped existing platted lot of record cremes a hardship as required by the preceding
stated conditions in their report. The staff recommended the Planning Commission
adopted the resolution approving the two requested variances. Approval of this request
should be subject to the condition the lot is developed as shown on the survey to ensure
additional variances are not required.
Comments from the public:
Lan'y Gensmer, representing Eagle Creek Villas said he did not have anything to add to
the report.
Paul Borman, 14626 Oakland Beach, asked if he could see the plan and did not have any
comments.
The public hearing was closed.
Comments from the Commissioners:
Stamson:
The two variances are appropriate.
The building proposed meets all the setback requirements.
Supported the request.
Atwood:
Agreed with Stamson, the requests are appropriate.
The impervious surface issue has been taken care of.
Vonhofi
Agreed with the Commissioners.
Questioned staff on the driveway elevation. Horsman explained the difference.
All the hardship criteria had been met.
The impervious surface has been addressed.
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Planning Commission Minutes
September 25, 2000
Vonhof re-opened the public hearing.
Molly Sexe Borman, 14626 Oakland Beach Avenue, questioned if the building would be
moved to the other side of the lot. Kansier explained the setback ordinances have been
met but maybe the proposed home could be flip-flopped and the variances would not be
necessary. Borman would like to expand. The home on the other side of their property is
located right on the lot line.
Atwood:
Questioned what will happen to the Bormans when they want to add on. Rye explained
they would have to meet the setbacks.---
The applicant, Larry Gensmer, said he did not feel there would be a problem moving
back 10 feet to the north.
Larry Miller, owns the property on the other side. He would like to see it 10 feet from the
other side. Miller's lot is undeveloped at this time.
The public hearing was closed.
The Commissioners discussed the 10 setback.
MOTION BY STAMON, SECOND BY ATWOOD, APPROVING RESOLUTION
00-12PC GRANTING A 3,522 SQUARE FOOT VARIANCE TO PERMIT A LOT
AREA OF 3,978 SQUARE FEET RATHER THAN THE REQUIRED MINIMUM
AREA OF 7,500 SQUARE FEET, AND A 10.24 FOOT VARIANCE TO PERMIT
A LOT WIDTH OF 39.76 FEET AT THE BUILDING SETBACK LINE RATHER
THAN THE REQUIRED MINIMUM LOT WIDTH OF 50 FEET WITH THE
ADDITIONAL CONDITION THAT THE 10.4 FOOT SIDE YARD REMAIN ON
THE NORTH SIDE.
Vote taken indicated ayes by all. MOTION CARRIED.
B. Case File #00-070 Bob Dittman is requesting a variance to construct an
addition to a principal structure and an accessory structure less than the minimum
required 25 foot setback to a street right-of-way, also a variance to permit over the
maximum allowable impervious surface are of 30 percent.
Zoning Administrator Steve Horsman presented the Planning Report.
The Planning Department received a variance application from Bob Dittman for the
proposed construction of a covered deck addition, porch additions, a rebuilt garage
addition to an existing single family dwelling, one new accessory structure to replace two
existing accessory structures. The following variances are being requested:
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Planning Commission Minutes
September 25, 2000
1. A 17.4 foot variance to permit a covered deck addition to a principal structure be
setback 7.6 feet from the front property line rather than the minimum required
setback of 25 feet.
2. A 15 foot variance to permit an accessory structure to be setback 10 feet from a
property line abutting a public street rather than the required 25 feet.
3. A 13.5 foot variance to permit an accessory structure to be setback 11.5 feet from
a property line abutting a private street rather than the required 25 feet.
4. A 91 square foot variance to permit a total impervious surface area of 2,467
square feet (36.7%) rather than the existing impervious surface coverage area of
2,376 square feet (35.3%).
Lot 11, Green Heights, was platted in 1928. The property is located within the R-1 (Low
Density Residential) and the Shoreland Overlay districts. The lot is not riparian but has
dedicated lake access rights. The applicant does not own either of the adjacent parcels.
The lot is approximately 50 feet wide and approximately 135 feet deep with a total lot
area of 6,721 square feet.
The Department of Natural Resources submitted comments objecting to increasing the
impervious surface coverage as proposed.
The Planning Staff has determined the variance requests do not meet the hardship criteria
as described in conditions 1 thru 9. The requested variances are contrary to City
Ordinance 1107.2303: Special Requirements. (2) Nonconforming Structures. a) Permitted
Construction. Construction which does not extend, expand or intensify the
nonconformity. Staff therefore recommended denial of this request.
Comments from the public:
Bob Dittman, 16200 St. Francis Lane, understands the concems of the City but feels the
decks should be covered for safety concerns.
Comments from the Commissioners:
Atwood:
No comments at this time.
Stamson:
Regarding the front yard property setback - felt there is a hardship criteria. The deck is
not increasing encroachment toward the street. Supports the setback.
Does not support the shed setbacks.
Agreed with the DNR that the impervious surface variances can be met.
Questioned staff on removing some of the driveway for impervious surface. Kansier said
they could.
Did not agree with the imperiovus surface setback.
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Planning Commission Minutes
September 25, 2000
Vonhof:
Agreed with the first variance request.
Did not believe the shed setback criteria have been met.
MOTION BY STAMON, SECOND BY ATWOOD, TO DIRECT STAFF TO
PREPARE A RESOLUTION GRANTING THE 17.4 FOOT VARIANCE TO
PERMIT A 7.6 FOOT PRINCIPAL STRUCTURE SETBACK TO A PROPERTY
LINE ABUTTING A STREET RATHER THAN THE REQUIRED 25 FOOT
SETBACK.
Vote taken indicated ayes by all. MOTION CARRIED.
MOTION BY STAMSON, SECOND BY ATWOOD, DIRECTING STAFF TO
PREPARE A RESOLUTION DENYING A 15 FOOT VARIANCE TO PERMIT A
10 FOOT ACCESSORY STRUCTURE SETBACK FROM A PROPERTY LINE
ABUTTING A STREET RATHER THAN THE REQUIRED 25 FEET. A 13.5
FOOT VARIANCE TO PERMIT AN ACCESSORY STRUCTURE TO BE
SETBACK 11.5 FEET FROM A PROPERTY LINE ABUTTING A STREET, AND
A 91 SQUARE FOOT VARIANCE TO PERMIT AN IMPERVIOUS SURFACE
AREA OF 2,467 SQUARE FEET (36.7%) RATHER THAN THE EXISTING
IMPERVIOUS SURFACE AREA OF 2,376 SQUARE FEET (35.3%).
Vote taken indicated ayes by all. MOTION CARRIED.
5. Old Business:
6. New Business:
A. Case File #00-069 Shamrock Development is requesting vacation of a utility
easement located on the west lot line of Outlot B, the Wilds 4th Addition.
Planning Coordinator Jane Kansier presented the Planning Report.
Outlot B, The Wilds 4th Addition, was originally platted in September, 1997. As is
common in all new subdivisions, the plat dedicated a 10' wide drainage and utility
easement along the outer boundaries of the property. Shamrock Development, the
property owner, is requesting the vacation of the 10' wide easement located along the
west property boundary of the outlot. The purpose of this petition is to allow the platting
of this property into new lots.
On September 18, 2000, the City Council approved a final plat to be known as The Wilds
5th Addition. This plat includes Outlot B, as well as approximately 10 acres to the west.
The plat subdivides the property into 37 lots for single family dwellings. The existing
easement would run through the middle of several of these lots.
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Planning Commission Minutes
September 25, 2000
The Planning staff therefore recommends approval of this request. The intent of the
Comprehensive Plan is satisfied by the dedication of drainage and utility easements in
The Wilds 5th Addition. Furthermore, the City does not require the existing easement
with the dedication of the new plat.
Comments from the Commissioners:
Atwood:
Support the request.
Stamson:
The public service is served.
The requested should be granted.
Vonhof:
Agreed.
MOTION BY STAMSON, SECOND BY ATWOOD, TO RECOMMEND CITY
COUNCIL APPROVE THE VACATION OF THE EASEMENT AS REQUESTED.
Vote taken indicated ayes by all. MOTION CARRIED.
This matter will go before the City Council on October 2, 2000.
7. Announcements and Correspondence:
Rye spoke on the Comprehensive Amendment approved several weeks ago regarding the
Shepherd of the Lake property. City Council approved the request and directed staff to
bring the issue of 20 commercial acres back to the Planning Commission for discussion.
8. Adjournment:
The meeting adjouned at 7:16 p.m.
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