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HomeMy WebLinkAbout1992 July Planning Commission Minutes'7 7:30 P.M. 7:30 P.M. 7:30 P.M. 7:45 P.M. 8:15 P.M. 8:30 P.M. * 9:00 P.M. 9:30 P.M. : 1 11 I •• y ' ti I • y IA' 11 'I. 1 •' II IAA 1 * Indicates a Public Hearing = CAHLMN JAM i jav= 7HMIPSM PRM 7AMM BUL HEN IING Hzff All times stated on the Planning Commission 19 eex with the exception of Public Hearings, are approximate and may start later than the scheduled time. 4629 Dakota St. S.E., Prior Lake, Mftmota 55372 / Ph. (612) 4474230 / Fax (612) 4474M AN EQUAL OPPORNMIY ETBIDYER PLANNING COMMISSION MINUTES JULY 16, 1992 The July 16, 1992, Planning Commission Meeting was called to order by Chairman Loftus at 7:30 P.M. Those present were Commissioners Loftus, Arnold, Wuellner, Roseth, Director of Planning Horst Graser, Associate Planner Sam Lucast, and Secretary Rita Schewe. ITEM I - REVIEW MINUTES OF PREVIOUS MEETING MOTION BY ROSETH, SECOND BY LOFTUS, TO APPROVE THE MINUTES AS WRITTEN. Vote taken signified ayes by Loftus, and Roseth. MOTION CARRIED. Commissioners Arnold and Wusllner were not present at the previous meeting but voted to fill the quorum. ITEM II - REX CARLTON - HOME OCCUPATION Rex Carlton 5445 Amblewood.Drive NE, stated he is requesting a home occupation permit to operate a locksmith business out of his home for a supplemental income. The business would be strictly mobile and only an office would be in the home. If his clientela increased extensively, he would move to a commercial site. Associate Planner Sam Lucast, presented the information as memo of July 16, 1992.- Stringent guidelines are placed on applications per Section 6.8 Home Occupations, of the Zo Ordinance. The Planning commission has previously granted occupation permits to a sound contractor and glass contractor operate an on -call type of business and not the criteria. 8 recommends approval of the mobile locksmith /security company occupation application no requested contingent upon;continu meeting the conditions set forth in section 6.8 Home Occupat of the Prior Lake Zoning Ordinance. Comments from the Commissioners were on neighbors concerns, expansion, and signage. MOTION BY ARNOLD, SECOND BY WUELLNER, TO APPROVE A MOBILE LOCKSMITH /SECURITY COMPANY HOME OCCUPATION PERMIT FOR 5445 AMBLEWOOD CONTINGENT ON THE CONDITIONS OF SECTION 6.8 HOME OCCUPATIONS OF THE PRIOR LAKE ZONING ORDINANCE. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 AN EQUAL OPPOMUNMY MUNEx PLANNING COMMISSION MEETING MINUTES JULY 16, 1992 PAGE 2 Vote taken signified ayes by Arnold, Wuellner, Roseth, and Loftus. MOTION CARRIED. ITEM III - JAMES & JOANNE THOMPSON - CONDITIONAL USE PERMIT Joanne Thompson, 18121 Pandora Boulevard, Prior Lake, stated they are requesting a conditional use permit to increase the number of senior residents from five to nine at 14170 Grayling Circle. This would be accomplished by converting the existing garage to two additional bedrooms and a family room. Horst Graser, Director of Planning, presented the information as per planning report of July 16, 1992. The subject site has been used to house senior residents for a number of years. There have not been any complaints on this facility to the Planning Department or the Police. The City Council of Prior Lake did not authorize the licensed care facility due to the overridina be no can be ale. no aft has garage, It is the opinion of Staff that the re est to operate _a licensed care facility to house up to nine residents is a reasonable use for the subject site. Therefore, Staff recommends approval with the seven conditions listed in the planning report. Gil Rosco, 14190 Grayling Circle, is not happ with the proposed application and feels that the home is not large enough for the increase in residents. Comments from the parking, number property, and the MOTION BY ARNOLD, SECOND _BY:ROB] USE FOR 14170 GRAYLING`CIRCLI RESIDENTS FROM FIVE (5) TO NINE CONDITIONS: 1. THE FACILITY SHALL BE LICENSE 2. THE NUMBER OF RESIDENTS SHOUL CITIZENS, AS OUTLINED BY THE 3. THE MAXIMUM NUMBER OF OCCUPAN SHALL BE LIMITED TO TEN. 4. THE APPLICANT SHOULD PROVIDE THAT THE PROPOSED ADDITION OF CAN BUILT WITHOUT THE NEED OF CODE. E CONDI' STATE OF MINNESOTA. CTED TO NINE 'SENIOR i. )ING STAFF PERSONNEL PLANNING COMMISSION MEETING MINUTES JULY 16, 1992 PAGE 3 5. ALL BUILDING CODE VIOLATIONS THAT ARE A RESULT OF THE INCREASED OCCUPANCY OF THE DWELLING, SHALL BE BROUGHT INTO CONFORMANCE WITH THE CODE. 6. THE EXTERIOR OF THE DWELLING AND GROUNDS SHALL BE MAINTAINED AND OPERATED IN A MANNER THAT IS CONSISTENT WITH THE ADJACENT RESIDENTIAL PROPERTIES. 7. THE CONDITIONAL USE PERMIT FOR THE "BOARDING HOUSE" SHALL BECOME NULL AND VOID AS OF THE DATE OF SALE OF THE PROPERTY OR USE, TO AN INDIVIDUAL OTHER THAN THE APPLICANT. IN THE EVENT THAT THE CONDITIONAL USX FAILS, THEN THE FACILITY MUST REVERT TO A SINGLE FAMILY USE IITH NO TRANSFERABILITY OF THE Vote taken si n Wuellner and Loft forwarded to the ITEM IV —.PAUL 2A Sam Luc 1992. lost to some m 6% eliminated the need tot the north si comments from the Commissioners wars garage, reducing coverage, and root l MOTION BY NUELLNER,;: SECOND BY ARNi COVERAGE, A 35 FOOT LAEESHORE VARIAI RATIONAL BEING THE SHAPE OF THE LOT! WHICH WAS BUILT UNDER THE JURISDICTII CONTRIBUTES TO THE HARDSHIP FOR Tj DETRIMENTAL TO THE HEALTH AND WELFAR Vote taken signified ayes by Wue Roseth. MOTION CARRIED. A recess was called at 9:10 P.M. 9:15 P.M. esting -a 4 riance and a s needed and tion. , and nod at PLANNING COMMISSION MEETING MINUTES JULY 16, 1992 PAGE 4 ITEM V - WILLIAM HEN - VARIANCE William Henning, 13208 Henning Circle, is requesting a variance from Section 5- 4 -1(N) of the Prior Lake City Code to construct a single family home on a site that is currently vacant and has been used for agricultural purposes. Mr. Henning presented four letters from neighbors that were read into the record supporting the variance application. The letters were from: Douglas A. & Judith A. Johnson, 4880 Martindale Street N.E.; Darrel E. Gonyea,iGonpea +Land Company, 9100 West Bloomington Freeway Minneapolis; Jeffrey Monk*, Jackson Trail; Brian, Kevin and Colin Conrad, 4510' Jackson ;Trail. Horst Graser presented the information as par memo,of July 16, 1992. The plat of Titus 2nd Addition was platted in 1974. In April of 1977, the city; Council approved a petition from the applicant for the 'vacation of part of Foothill Trail that extended east of Lot 13, Block 2, Titus 2nd': Addition, to the east end of the plat. As a result of this vacation, the majority of the lots in the plat do not have an access to a public road. In 1980, the Scott County Assessor's office was requested to tax the property adjacent to the vacated street at an agricultural lather than a residential rate. The property' has been used for agricultural and open space since that time. In 1986, the applicant requested the City to rededicate the of 4 dwelling units per quarter /quarter section :in rne: runs service area, of which the subject site is a part of. Th! matter was reviewed by the Court of Appeals, which upheld ti position of the City. The subject site is located outside of the Year 2000' Urbe Service Area and as such, the residential density, should 1 restricted until such a time as municipal utilities are exten44 to the site, in a planned manned, consistent with the objectives of the City of Prior Lake and Metr olitan Council Staff recommends denial of this variance on', the axis . that tl Comprehensive Plan it would not observe cne spxrit ono xncsnc vz the ordinance and is in direct conflict with the objectives of the Zoning Ordinance and Comprehensive Plan. The hardship 's is not caused by the ordinance nor the City of Prior Lake but by the actions proposed by the applicant. Members of the audience that came forward at this time in support of the application were: William Jetson '13207 Henning; Steve Mullenhart 7556 Eagle Creek Blvd.; Jerry,Capagnoli, 13200 Henning Circle; and Greg Henning 13171 Pike Lake Trail. PLANNING COMMISSION MEETING MINUTES JULY 16, 1992 PAGE 5 Comments from the Commissioners were; precedent being set, Code states no, development of adjacent cities, present land use, septic system and development of utilities. Alan Merrick 14000 White Rock Road, Burnsville stated he is the party interested in the property and gave his plans for building. MOTION BY WUELLNER, SECOND BY LOFTUS, TO .GRANT A:DENSITY VARIANCE FROM SECTION 5- 4 -1(N) FOR THE SUBJECT SITE 'LOCATED .IN.THE NW 1/4 OF THE NW 1/4 OF SECTION 23 (AS PER ATTACHED MAP) TO BUILD ONE SINGLE FAMILY HOME ON FIFTEEN (15) ACRES. THIS HOME IS NOT TO BE BUILT IN THE RIGHT-OF-WAY OF FOOTHILL TRAIL AS :SHOWN ON THE ATTACHED MAP. Vote taken Arnold and Public Hearing ca The public was not Sam Lucast present 1992. In 1991,' Conditional Use Pe Prior Lake and the a one There are no ;m Lake, but their Prior Lake. unsightly con adequately ppr Therefore, sta forwarded to recommends del the Prior Lake Comments from the Commissioners were recommendation. MOTION BY ARNOLD, SECOND BY ROSETH THE APPROVAL OF ORDINANCE 92 -09 Hayes by MINERAL L5 P.M. by Chairman Loftus. i with Staff's 1 RECOMMEND TO CITY COUNCIL Vote taken signified ayes by Arnold, 'Roseth, Loftus, and Wuellner. MOTION BY ROSETH, SECOND BY ARNOLD, TO CLOSE THE PUBLIC HEARING. Vote taken signified ayes byy 'Rc.seth, ' Arnold, Loftus, and Wuellner. MOTION CARRIED. Public Hearing closed at 10:30 P.M. PLANNING COMMISSION MEETING MINUTES JULY 16, 1992 PAGE 6 Horst Graser announced that Mary Ellen Wells resigned from the Planning Commission due to work conflicts. ITEM VII - TERM LIMIT POLICY - STAFF Discussion followed on the draft of the Term Limit Policy for Appointed Commissioners and Council Members. Consensus from the Commissioners was: the policy was not clear, a gradual transfer is needed, implementation not specified and the policy nseds to be more definitive. It was felt by the Commissioners that 2 terms were too short. Mr. Graser will write a summary to present to the City Manager. MOTION BY ARNOLD, SECOND BY ROSETH, TO ADJOURN THE NEETIHG. Vote taken signified ayes Arnold, Roseth, Loftus, and Wuellner. MOTION CARRIED. Meeting adjourned at 11:10 P.M. Tapes of meeting on file at City Hall. Horst W. Graser Rita M. Bch*" Director of Planning Recording Secretary