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Home My WebLink About1992 April Planning Commission Minutes*lY i' k /(err'',• � - T 7:30 P.M. 7:30 P.M. 7:30 P.M. 7:45 P.M. 8 :00 P.M. * 8:30 P.M. HERITAGE COMMUNITY y / f..'SC' t 1891 1991 2091 REGULAR PLANNING COMMISSION MEET AGk3•IIlA APRIL 2, 1992 CALL 7O ORDER REVIEW MINUTES CP PREVIOUS MEETING HEARING VARIANCE HEARING VARIANCE HEARING VARIANCE PUBLIC HEARING CARRIAGE HILLS PRE PLAT * Indicates a Public Hearing N v , o• ��.t :n:n� All times stated on the Planning Comeission Agenda, with the exception of Public Hearings, are approximate and may start later than the scheduled time. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474250 / Fax (612) 4474741 r PLANNING COMMISSION MINUTES APRIL 2, 1992 The April 2, 1992, Planning Commission Meeting was called to order by Chairman Loftus at 7:30 P.M. Those present were Commissioners Loftus, Arnold, Wuellner, Director of Planning Horst Graser, Assistant City Planner Deb Garross, Associate Planner Sam Lucast, and Secretary Rita Schewe. Commissioner Wells was absent. Commissioner Roseth arrived at 7:50 P.M. ITEM I - REVIEW MINUTES OF PREVIOUS MEETING MOTION BY ARNOLD, SECOND BY LOFTUS, TO APPROVE THE MINUTES AS WRITTEN. Vote taken signified ayes by Loftus and Arnold. Commissioner Wuellner abstained as he was not present at the previous meeting. MOTION CARRIED. ITEM II - CURT MOEN - VARIANCE Deb Garross informed the Commissioners that the Moen variance had been removed from the agenda by City Manager Unmacht. The applicant wishes to discuss the application further with Staff to determine if a variance is needed. The property owners will be notified if necessary. Discussion followed on the retreat agenda items, buildingq activity, development activity, and the progress of the proposed Super Valu Grocery Store. ITE III - TRACY VAN DEN BERG - VARIANCE Tracy Van Den Berg, 15629 Highland Avenue N.W., stated they are requesting a 5 foot east side yard variance to construct a single family home at 4991 Beach Street. Bob Banitt, contractor for the applicant, presented information regarding the house and the subject site. Deb Garross presented the information as per memo of April 2, 1992. The lot is not a substandard lot, but is relatively low near Beach Street with a knoll adjacent to the lakeshore. There 4629 Dakota St. S.E., Prior lake Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 AN EQUAL OPPORIUNFrY e*WYnt PLANNING COMMISSION MEETING MINUTES APRIL 2, 1992 PAGE 2 were no objections from DNR. The house could be built without any variances, however, the home would be out of line with the rest of the existing houses and the view of the lake would be obstructed by the knoll near the lakeshore. Section 9.3E 2, permits the use of setback averaging for the subject site. In this instance the setback average of adjacent homes is 63 feet from the 904 contour line. If the home were constructed to comply with all required setbacks, the knoll would obstruct the view of the lake from the house. Staff's recommendation is to deny the 5 foot variance and approve a 2.5 foot east yard variance. Comments from the Commissioners were on; tree removal, drainage, easement, and were supportive of the amended variance. MOTION BY ARNOLD, SECOND BY WUELLNER, TO APPROVE A 2.5 EAST SIDE YARD VARIANCE FOR 4991 BEACH STREET RATIONALE BEING THAT IT IS A MINIMUM AMOUNT OF DEVIATION, IS WITHIN THE SPIRIT AND INTENT OF THE ORDINANCE, HARDSHIP IS CAUSED BY THE TOPOGRAPHY OF THE SUBJECT SITE AND THE VARIANCE WOULD NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE OF THE COMMUNITY. Vote taken signified ayes by Arnold, Wuellner, Loftus, and Roseth. MOTION CARRIED. ITEM IV - LEON KRUEGER - VARIANCE Leon Krueger, 16850 Willow Lane, contractor representing the property owner Kathy Gensmer, stated they are requesting a 4.4 foot north side yard variance and a 14 foot lakeshore variance for 3171 Linden Circle in order to construct a new single family residence. Deb Garross presented the information as per memo of April 2, 1992. There are no previous proposals on file for this site, however, a controversial variance application for Paragon Homes was issued in 1990 for the adjacent Lot 50 which was granted variances by the Planning Commiss on and the City Council after much deliberation. Staff recommends that the neck of the driveway be reduced at the property line to preserve two large oak trees. There were no objections from DNR. A letter from Sue Nielsen objecting to the side yard variance was received. Also received was a letter containing the names of Barry 6 Trivia James, Harry 6 Leslie Maudsley, Herb i June Lemke, Rich i Sheryl Wilfong, Peter Kuehn, Cal i Marge Ells, Dean A Kay Sutliff, and Bill 6 Mary Lindstrom, voicing their objections to the proposed variances. Staff recommends that a new easement be signed indicating the correct location of the existing sever lines, the 4.4 foot north side yard variance be approved and the 14 toot lakeshore variance be denied. Staff would recommend a 10 foot lakeshore variance with the conditions listed in the Staff report. Kathy Gensmer, 16989 DeWitt Ave. SW disagreed with moving the house toward the road. She explained that her view of the lake PLANNING COMMISSION MEETING MINUTES APRIL 2, 1992 PAGE 3 would be obstructed and that her request for a 14 foot lakeshore variance was reasonable considering adjacent Lot 50 received a 25 foot lakeshore and a 5 foot front yard variance. Mike MacKany, 3175 Linden Circle; Dean Sutlief, 3162 Linden Circle; Triva James, 3147 Linden Circle; and Harry Maudsley 3189 Linden Circle, voiced their objections citing grading drainage, destruction of the private road during construction, tree removal, parking concerns, driveway location, and design of the house. Comments from the Commissioners were on relocation of the house, drainage, tree location, reversing the house plan, supporting a lesser variance, and reducing the size of the garage. Larry Anderson, city Engineer, presented information regarding the elevation of Lots 48, 49, and 50, stating that the grade of the lot necessitated that the house be placed in the lot as designed. MOTION BY ROSETH, SECOND BY LOFTUS, TO APPROVE A 2.5 FOOT NORTH SIDE YARD VARIANCE AND A 14 FOOT LAEESHORE VARIANCE FOR 3171 LINDEN CIRCLE SUBJECT To THE FOLLOWING CONDITIONS: 1. THE NECK OF THE DRIVEWAY BE REDUCED NEAR THE FRONT PROPERTY LINE IN ORDER To RETAIN THE TWO EXISTING TREES. 2. THE APPLICANT PROVIDE A NEW .BASEMENT, AS REQUIRED BY THE CITY ENGINEER, TO COVER.. THE EXISTING SANITARY SEWER LINE LOCATED NEAR THE SHORELINE. RATIONAL BEING THE SUBJECT SITE IS A SUBSTANDARD LOT, SIMILAR VARIANCES HAVE BEEN GRANTED WITHIN THIS NEIGHBORHOOD, AND IT WOULD NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE OF THE COMMUNITY. AN AMENDMENT TO THE MOTION WAS MADE TO CHANGE THE GARAGE FROM 28 FEET WIDE BY 24 FEET DEEP TO 28 FEET DEEP BY 24 FEET WIDE, THEREBY REDUCING THE NORTH SIDEYARD VARIANCE TO A .5 FOOT VARIANCE WHICH WAS AGREEABLE WITH THE APPLICANT. vote taken signified ayes by Roseth, Wuellner, Arnold, and Loftus. MOTION CARRIED. Recess called at 9:00 P.M. The sleeting was reconvened at 9:12 P.M. _' BLIC HEARING- WARREN ISRAELSON- CARRIAGE HILLS PRELIMINARY PLAT The Public Hearing was called to order at 9:12 P.M. by Chairman Loftus. The public was in attendance. Warren Israelson, owner and developer of Progress Land Company, presented the proposed preliminary plat of Carriage Hills. The site consists of approximately 97 acres with some wooded areas and some wetland areas. Mr. Israelson showed the location of the lots, streets, and ponds. There are 16.52 acres of parkland with trail ways. The prices of the homes proposed to be built range from $130,000 to $200,000. Protective covenants will be implemented and house styles will be varied. There will be 223 PLANNING COMMISSION MEETING MINUTES APRIL 2, 1992 PAGE 4 lots for a gross density of 2.3 units per acre which is less than the 3.5 units per acre permitted by the Zoning ordinance. The Fall Home Festival is a promotional event proposed for this fall and the applicant hopes to have several models built by early August. Horst Graser presented the information as per memo of April 2, 1992, diving the various definitions on the Site Analysis as listed in the memo. The developer was recently successful in amending the comprehensive plan and zoning ordinance. The Metropolitan Council is currently considering this amendment which will conclude in early June. The topography of the area offers a very impressive vista of the adjoining countryside. The property is zoned R -1 Single Family Residential. The minimum lot size is 10,000 square feet. The permitted density is 3.5 units per acre with a maximum lot coverage of 188. A 108 parkland dedication is required. Staff has no major objections to the design that has been submitted by the applicant because it is consistent with Prior Lake Zoning and Subdivision ordinance and Comprehensive Plan. Larry Anderson, City Engineer, gave a brief summary on the wetlands located on the site, storm water and water quality, and drainage. Bill Mangan, Parks Director, explained the reasoning for park dedication. The Parks Department is pleased with the design, open space, and park trails shown in the proposed subdivision. The park dedication requirement has been satisfied as proposed in the preliminary plat. E.K. Whiting -14897 Manitou Road, objected to the proposed lot size and had questions on the wetland and Metropolitan Council reply. Don Abrahms -14877 Manitou Road, wanted clarification on the extension of the road to Manitou Road. The Abrahms suggested that the street not be improved or that erosion control such as a temporary cul -de -sac be installed to prevent erosion in the Manitou Road area in the interim between when Carriage Hills develops and adjacent property by Leo vierling develops. Lindy Larson -15079 Manitou Road, questioned possible lake access and style of houses built. Ted Kowalski -3975 Hidden Pond Trail, was in support of the proposal and feels that Prior Lake needs growth. Additional families will support the schools and tax roles. Brad Wahl -14954 Timberglade Circle, stated he is not in favor of small lots and that Prior Lake can not afford it. Darcis Klien -14950 Timberglade Circle, wanted to know what the restrictive covenants will be. Paul 8rickson -4112 Hidden Pond, wanted larger lots in the development. Jim Halleck -14869 Manitou Road, supports the development but would like to see the two lots at the end of Manitou made into outlots until the adjacent Vierling property develops. Comments from the Commissioners were on: type and style of house designs, tree planting, landscaping, parks, proposed covenants, entrance structures, storm water management, preliminary plat definition, landscaped traffic dividers proposed by the applicant PLANNING COMMISSION MEETING MINUTES APRIL 2, 1992 PAGE 5 to slow traffic, lot requirements are met, neighborhood associations, County Road 21 planting, housing opportunity for p Prior Lake, arking for Carriage Hill Park, sidewalks, and impact to the City. Kathleen Abrahms -14677 Manitou Road, was concerned about Vierling property and cattle and what protection would he have. Larry Anderson stated that Mr. Vierling agreed to sell part of his property to construct a ponding area and Carriage Hill Parkway. The public was informed that the issue of potential future trespassing on private property would be a civil matter and did not pertain to the subdivision issue at hand. Mr. Graser advised the Commissioners that there is an architectural ordinance in force for Prior Lake that precludes development of repetitive house designs and the Carriage Hills plat is consistent with the City Comprehensive Plan and met the obligations of the Zoning and Subdivision ordinance. Therefore the Staff recommends approval of the preliminary plat subject to the conditions outlined in Staff's memo. MOTION BY ROSETH, SECOND BY ARNOLD, TO RECOMMEND To CITY COUNCIL TO APPROVE THE PRELIMINARY PLAT OF CARRIAGE HILLS WITH THE FOLLOWING RECOMMENDATIONS: 1. THE PARK LOCATED SOUTH OF CARRIAGE HILL PARKWAY SHOULD CONTAIN A DEVELOPMENT PLAN THAT INCLUDES AN OFF - STREET PARKING LOT. A PROPOSED PARK DEVELOPMENT PLAN SHOULD BE ESTABLISHED FOR CITY COUNCIL REVIEW OF THE PRELIMINARY PLAT. 2. THE TREE PLANTING REQUIREMENT OF THE SUBDIVISION ORDINANCE REQUIRES FOUR (4) TREES PER CORNER LOT. THE TREE PLANTING PLAN SHALL BE AMENDED TO REFLECT THE CODE. 3. THE DEVELOPER AND STAFF RESEARCH A METHOD WHEREBY A PLANTING PROGRAM NAY BE DEVELOPED ADJACENT TO COUNTY ROAD 21, ALONG THE NORTH PART OF THE PLAT TO PROVIDE A BUFFER TO THOSE LOTS. PROGRAM MUST BE WORKABLE AS PER COUNTY ROAD 21 IMPROVEMENT PLANS. 4. STORM WATER MANAGEMENT AND QUALITY PLAN BE DEVELOPED AND SUBMITTED ACCEPTABLE TO STAFF. 5. 12.5 FEET OF ADDITIONAL RIGHT -OF -WAY FOR COUNTY ROAD 21. 6. WETLANDS INVENTORY AND MITIGATION PLAN BE SUBMITTED ACCEPTABLE TO STAFF. RATIONAL BEING THAT THE PLAT IS CONSISTENT WITH THE COMPREHENSIVE PLAN, ZONING AND SUBDIVISION ORDINANCE AND WOULD NOT BE DETRIMENTAL TO THE HEALTH, SAFETY AND WELFARE OF THE COMMUNITY. Discussion followed on restrictive covenants and Mr. Graser advised the commissioners that the City has no authority to require restrictive covenants. PLANNING COMMISSION MEETING MINUTES APRIL 2, 1992 PAGE 6 Vote taken signified ayes Roseth, Arnold, Wuellner, and Loftus. MOTION CARRIED. MOTION BY ROSETH, SECOND BY ARNOLD, TO CLOSE THE PUBLIC HEARING. vote taken signified ayes by Roseth, Arnold, Wuellner, and Loftus. MOTION CARRIED. Public Hearing closed at 11:25 P.M. MOTION BY ROSETH, SECOND BY ARNOLD, TO AWOURN THE MEETING. Vote taken signified ayes by Roseth, Arnold, Wuellner, and Loftus. MOTION CARRIED. Meeting closed at 11:26 P.M. Tapes on file at City Hall. Horst W. Graser Rita M. Schere Director of Planning Recording Secretary REGULAR PLANNING COMMISSION MEETING AG ENDA APRIL 16, 1992 7:30 P.M. CALL TO ORDER 7:30 P.M. REVIEW MINUTES OF PREVIOUS MEETING 7:30 P.M. HEARING VARIANCE STEVE BURDICK SDE JOHNS 7:45 P.M. HEARING VARIANCE DENNIS MCGILL 8:00 P.M. HEARING VARIANCE GOLDEN NOME BUILDERS INC. 8:15 P.M. DISCUSSION LANDSCAPE STAFF ORDINANCE * Indicates a Public Hearing All times stated on the Planning Commission Agenda, with the exception of Public Hearings, are approximate and may start later than the scheduled time. 4629 Dakota St. S.E.. Prior lake, Minnesota 55372 / Ph. (612) 447 -0230 / Fax(612)4474245 AN EQUAL OPPORrUN rY EM UMM (rN �� j � \ T PLANNING COMMISSION MINUTES APRIL 16, 1992 The April 16, 1992, Planning Commission Meeting was called to order by Chairman Loftus at 7:30 P.M. Those present were Commissioners Loftus, Wuellner, Wells, Director of Planning Horst Graser, Assistant City Planner Deb Garross, Associate Planner Sam Lucast, and Secretary Rita Schews. Commissioner Roseth arrived at 7:40 P.M. Commissioner Arnold was :absent.' ITEM I - REVIEW MINUTES OF PREVIOUS MEETING MOTION BY WUELLNER, SECOND BY LOFTUS, TO APPROVE THE MINUTES AS WRITTEN. vote taken signified ayes by Wuellner, and Loftus. Commissioner Wells abstained as she was not at the previous meeting. NOTION CARRIED. ITEM II - STEVE BURDICK JOHNS - VARIANCE Doreen Kiplinger of Realty World -Kubes of Shakopee, represented the applicants Steve Burdick and Sue Johns of 7333 Gallagher Drive, Edina, MN. The application is for a four (4) foot north side yard variance and a 5000 square foot lot area variance to construct a single family tri -level dwelling at 16560 Spring Avenue. The applicants plan to save as many trees as possible. Sam Lucast, Associate Planner, presented the information as memo on April. 16 1992. Previous variances were granted in 1990 to this subject site for a 12 foot east rear yard and a 3000 square foot lot area. The applicant at that time did not build nor did he extend the app lication after one year, therefore, the variances expired. DNR'did not object to the variances but expressed concerns on erosion control. The subject site is heavily wooded with steep slopes and is adjacent to a storm water management pond. The site is a`lot of record that was created under the jurisdiction of a previous government body. Staff recommends aonroval of the anelinatien with nnnAir4n,. Mark Rivers, 16581 Spring Avenue, stated that he .uses the sewer easement for a driveway and had been told at the time he purchased his property that the subject site was not buildable. Jim Berg, 3893 Green Heights Trail, voiced his concern that a precedent would be set by allowing this variance, questioned if the pond was part of Prior Lake, could the outlot be built on, front setback for the subject site, and who would repair storm sewer if it is damaged. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 AN EQUAL OPPMUNff V EMPLOYER PLANNING COMMISSION MEETING MINUTES APRIL 16, 1992 PAGE 2 comments from the Commissioners were on; a retaining wall, fill, house location, trees lost, lot of record and is buildable, neighbors need to work out driveway situation, grading and erosion control, and new standards would have to be met on the outlot. MOTION BY WELLS, SECOND BY WUELLNER, TO APPROVE THE FOUR (4) FOOT NORTH SIDE YARD AND 5000 SQUARE FOOT LOT. AREA VARIANCE FOR 16560 SPRING AVENUE WITH THE FOLLOWING CONDITIONS: 1. THE APPLICANT MUST.- SUBMIT -.A GRADING AND VEGETATION RESTORATION :PLAN ACCEPTABLE TO STAFF- 2. EROSION RATIONALE BEING THAT THE LOT Is A suasTnnuauv •A. yr HARDSHIP WAS NOT CREATED BY THE APPLICANT BUT BY THE ORDINANCE AND WOULD .:NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE: OF THE NEIGHBORHOOD AND IS IN CONFORMANCE WITH THE NEIGHBORHOOD... Vote taken signified ayes by Wells, Wuellner, Loftus, and Roseth. MOTION CARRIED. ITEM III - DENNIS MCGILL - _VARIANCE Dennis McGill, 4281 Quaker Trail, stated that he is requesting a three (3) foot east side yard variance to construct a�ck on the lake side of his home. If the deck was constructed at the ten foot setback, the railing would be in the middle of a window. The xeasioie. Sam Lucast, Associate Planner, presented the information as per memo of April 16, 1992. The home was built in the 1920's and in now under extensive remodeling. The subject site is in an area where most existing structures= do not meat 'current setback standards. The deck is designed to save the two trees within the building envelope. DNR does not object to the variance 'request. Staff's recommendation is to approve the three !foot variance as it is a reasonable request and would not encroach closer to the side property line than the existing wall. The Planning Commission has tended to allow for continuing, but no increasing, legal non - conforming setbacks in older established neighborhoods which contain substandard lots. Consensus from the Commissioners were that all were in agreement with the variance request. MOTION BY ROSETH, SECOND BY WELLS, TO APPROVE A °.THREE (3) FOOT EAST SIDE YARD VARIANCE FOR 428: QUAKER TRAIL AS IT IS ;A REASONABLE REQUEST. THE PROPOSED' DECK WILL CONTINUE, BUT NOT INCREASE THE LEGAL NON - CONFORMING SETBACK FOR - THESITE,AND IT WOULD NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE OF THE COMMUNITY. PLANNING COMMISSION MEETING MINUTES APRIL 16, 1992 PAGE 3 Vote taken signified ayes by Roseth, Wells, Loftus and Wuellner. MOTION CARRIED. ITEM IV - GOLDEN HOME BUILDERS INC. - VARIANCE Norm Erickson of Edina Realty -Prior Lake, represented the applicant Golden Home Builders of Plymonth, MN, and the prospective buyers Art & Shari Zurn. Several variances are being requested in order to construct a single family home, septic system, and well, at 15512 Drake Avenue NW.... Deb Garross, Assistant City, Planner, presented the information as per memo of April 16, 1992. The subject site is a mates and bounds lot of record. Drake Avenue is a gravel road and there an area to urban density cave standards for future development a application. The recommendation 32,610 square foot lot area and 67 deny the -76.5 front setback va which is the required setback from public utilities. The Engineering home be moved further to the west yard setback. The City Attorney a a waiver of assessment appeal f the County Recorder's office. Tom Dalain, 3620 154th Street, wan for the sewer line that was in that is near his property. Comments from the Commissioners we denial, tree replacement, question and well placement, redesign hous easement requirements. A recess was called at 9:25 P.M. P.M. After a discussion with the continued to May 7, 1992, at 7:30:: ITEM V - TANnACAl= AUnTmAN1 - nTA s reconvened at 9 :35 , the variance was Horst Graser gave a brief` draft and introduced Greg Services Planning and Engi draft. Mr. Kopischke "'oe ordinance that is proposed commercial, industrial, an PLANNING COMMISSION MEETING MINUTES APRIL 16, 1992 PAGE 4 sections covered were: purpo calculations of requirements credits for existing materia lot landscape; screening guarantee; and submission re comments were made by the the ordinance. Dave Unmacht support of the landscape requiring this regulation to ; general landscape requirements; credits and sizes; plant sizes; variation of plant sizes; parking grounds and lawns; performance irements. Discunaion followed and mmissioners to be incorporated into City Manager, stated that he is in dinance. The Comprehensive Plan is MOTION BY ROSETH, SECOND BY WELLS, TO ADJOURN THE MEETING. vote taken signified ayes by Roseth, Wells, Wuellner, and Loftus. MOTION CARRIED. Meeting adjourned at 11:35 P.M. Tapes of meeting on file at City Hall. Horst W. Graser Rita M. Schwa Director of Planning Recording Secretary