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HomeMy WebLinkAbout1992 October Planning Commission MinutesIlk/ HF_R/TAGc i� 1891 COMMUNITY 1991 REGULAR PLANNING 00[MIISSION MEEPiNG AGEMA OCTOBER 1, 1992 7:30 P.M. GALS. 70 ORDER 7:30 P.M. REVIEW MINUTES OF PREVIOUS MEETING * 7:30 P.M. PUBLIC HEARIN W681EURI PONDS REZONING 7:45 P.M. HEARING HOME OCCUPATION * 8:00 P.M. PUBLIC HERRING WESrEUGE ESTR BB PRELIN111 f PLAT 2ND a 310 PHASE * Indicates a Public Hearing P/)( p- 1 2gg1 hl':W All times stated on the Planning CowAssion 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) 4474230 1 Fax (612) 4474245 6 S ima PLANNING COMMISSION MINUTES OCTOBER 1, 1992 The October 1, 1992, Planning Commission Meeting was called to order by Chairman Loftus at 7:30 P.M. Those present were Commissioners Roseth, Arnold, Loftus, and Wuellner, Director of Planning Horst Graser, Assistant city Planner Garross, and Associate Planner Sam Lucast. Commissioner Allen Greenfield was absent. ITEM I - REVIEW MINUTES OF PREVIOUS MEETING corrections to the minutes were as follows: Page one, line two; meeting was called to order by Acting Chairman "Arnold ". Page two, paragraph two under motion, line six; significant trees and substantially "alter" not "alte ". MOTION BY ROSETH, SECOND BY ARNOLD, TO APPROVE THE MINUTES AS CORRECTED. Vote taken signified ayes by Roseth, Arnold, and Loftus. MOTION CARRIED. Commissioner Wuellner abstained as he was not in attendance at the previous meeting. ITEM II - JIM ALLEN - PUBLIC HEARING - WESTBURY PONDS REZONING APPLICATION The Public Hearing was called to order by Chairman Loftus at 7:30 P.M. The public was in attendance. Assistant City Planner Garross updated the Commissioners on the application. Vonnie McWilliams, 3880 Pershing Street SN, wanted to know the reason for the change of zoning. Michelle Lein, 3852 Pershing Street SW, had concerns over runoff, aesthetics, why the change of zoning, school playground space, and feels a change is not necessary that there are other options. Assistant City Planner Garross presented the information as per memo of October 1 1992. The purpose of this hearing is to consider an application to rezone a 1.88 strip of land located 4629 Dakota St. S.E.. Prior lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 447 -4245 M EQUAL OPPOxfUMTY EMPIDYER PLANNING COMMISSION MEETING MINUTES OCTOBER 1, 1992 PAGE 2 within the site commonly known as the -Simpkins Farm" The applicant requests that 150' x 550' strip of land be rezoned from C -1 Conservation to R -1 Urban Residential. The original rezoning application considered by the Planning Commission on August 6, 1932, incorrectly identified the strip of C -1 Conservation land loco *?d along the west side yard line of the School District property, as R -3, Multiple Residential zoned land. The hearing on August 6 was valid because the legal description encompassed the entire subject site, however because the notice did not specifically call for the rezoning of the C -1 strip to R -1, it was necessary to hold a second hearing. On September 8, 1992, the City Council approved a Comprehensive Plan Amendment to change the Land Use Designation of the "Simpkins Farm" from Medium to Low Density Residential. The City Council instructed staff to schedule a separate Public Hearing to rezone the C -1 strip of land that was inadvertently left out of the original public notification. The City Council discussed the relevance of the C -1 zoning classification for the strip of land. There are no natural features on the subject site that would warrant the C -1 designation. It is the opinion of staff that the subject site should reflect an R -1 zoning deod tion to be consistent with the low density resident al land use recommended by the Comprehensive Plan. The land characteristics are identical to the adjacent land that was recommended to be rezoned to R -1. The Metropolitan Council requires the City follow certain standards called National Urban Runoff Standards, or Best Management Practices, the City just adopted those in our Comprehensive Plan Amendment. Whatever is constructed on this site will have to meet the criteria established. Staff recommends approving this application to rezone the 1.88 acres of C -1, Conservation District propert y to R -1, Urban Residential. The rezoning would bring the subject site into compliance with the Comprehensive Land Use plan Designation of Low Density Residential. Comments from the Commissioners were: water quality potential improvement, questioned reason for C -1 District, concept plat impact on the C -1 District, possible residential encroachment on ponding area and design of the preliminary plat. At 8:00 p.m. it was the consensus of the Commission to move the Public Hearing for westedge Estates to the foot of the agenda. MOTION BY LOFTUS, SECOND BY ARNOLD TO AP!_°.JVE JIM ALLENFS APPLICATION FOR REZONING WESTBURY POkDS THE 1.88 ACRES OF C -1 TO R -1 URBAN RESIDENTIAL, SINCE THE REZONING WOULD BRING THE SUBJECT SITE INTO COMPLIANCE WITH THE COMpRERBNSIVE LAND USE PLAN DESIGNATION OF LOW DENSITY RESIDENTIAL. PLANNING COMMISSION MEETING MINUTES OCTOBER 1, 1992 PAGE 3 vote taken signified ayes by Arnold, Roseth, Wuellner, and Loftus. MOTION CARRIED. MOTION BY ARNOLD, SECOND BY ROSETH, TO CLOSE THE PUBLIC HEARING. Vote taken signified ayes by Arnold, Roseth, Wuellner, and Loftus. MOTION CARRIED. Public Hearing closed at 8:15 P.M. ITEM I1 - SAN JAUNA GORMAN - HOME OCCUPATION San Jauna "Janie" Gorman, 2972 Spring Lake Road, stated that she has been doing sewing for 4 years, would like to continue sewing for people and wants a Home Occupation Permit. She did not know she needed a Home Occupation permit until she spoke to staff regarding a sign permit. She is not requesting signage at this time. Associate Planner, Sam Lucast presented the memo of October 1, 1992. The applicant sewing business with no complaints filed Department. The neighborhood is fully d family homes. The proposed Home Occupation i the applicant's income. The proposed Rome Oc have a flow of customers to the home but ra consulting business. Stringent guidelines applications per Section 6.8 Home Occups ordinance. Staff recommends approval of a as as outlined by the applicant, contingent upon the conditions set forth in Section 6.8 Rome Prior Lake Zoning Ordinance. The business customers, with the swing done on the pro conduct an annual review of the home occupat be brought back before the Planning Camsissic the operation does not comply with the Zoning the permit or in the event that complain result of the sewing operation. information a , ith single supplement would not serve as a d on all will serve off site rises. Staff will on permit which may i in the event that Code, conditions of s are received as u comments from the Commissioners were on signage and type of sewing done by the applicant. MOTION BY ARNOLD, SECOND BY NUELLNER, TO APPROVE A HOME OCCUPATION PERMIT FOR 2972 SPRING LAZE ROAD CONTINGENT ON THE CONDITIONS OF SECTION 6.8 HOME OCCUPATIONS OF THE PRIOR LAKE ZONING ORDINANCE AND OUTLINED BY SAM LOCAST IN HIS MEMO DATED OCTOBER 1, 1992. Vote taken signified ayes by Arnold, Roseth, Wuellner, and Loftus. MOTION CARRIED. PLANNING COMMISSION MEETING MINUTES OCTOBER 1, 1992 PAGE 4 ITEM III - PUBLIC HEARING - WESTEDGE ESTATES PHASE II & III The Public Hearing was called to order by Chairman Loftus at 8:25 P.M. The public was not in attendance. A sign up sheet was circulated for attendance. Louis Stassen, 16617 Creekside Circle, Prior Lake MN the builder and developer of Westedge Estates stated that he Is proposing a subdivision to include Westedge Phase II and III in addition to the existing townhouse project. Mr. Stassen stated that they have been workinci with staff and some minor items will be resolved before this goes to Council. These items are in regards to new setbacks from County Road 12, it is now 85 feet. They will be requesting a variance. The project is further to the north from County Road 12 with the new building. The building designs are similar to the first phase of Westedge Estates but are 8 feet longer. The proposed buildings are slab on grade and all one story. Horst Graser presented the information as per memo of October 1, 1992. The request tonight is for Preliminary Plat approval for Westedge Estates Phase II or III. The proposal is to plat the entire remaining property into four unit townhomes, similar to the first phase. The staff concerns relative to the proposal relate to an incomplete application, the density of the development and the need to encroach upon required setbacks in order to accommodate nor between individual units of each subsequent phase, issues of whether the property is a lot of record considering that there is no access from a public road, concern about connecting 170th Street and a proposed public road within the plat of Westbury Ponds with a private road system, impact of future realignment of roadways including the intersection of 170th Street and S.T.H. 13, difficulty of assigning addresses to the proposed units because the development does not fit the 911 Emergency Services Name and Numbering System, traffic zoning considerations, connecting neighborhoods, and utilities. The Citp Engineer has reviewed the available aaterials and determined that minor changes to the plat could be accomplished with cooperation of the developer. Staff recommends that the item be continued to a time when a complete application is submitted including housing elements and other deficiencies. In addition, the applicant should seek the assistance of a registered landscape architect to develop a planting program that provides batter screening and buffer for PLANNING COMMISSION MEETING MINUTES OCTOBER, 1, 1992 PAGE 5 units within the development the adjacent business district and street systems. The 20 foot setback shown should be a 25 foot setback between the north lot line and the units. Screening should be introduced between units and the plant materials should be appropriate for the intended purpose. For instance, the plan calls for spruce trees adjacent to the private drive however, there is insufficient space and the trees will eventually protrude into the driveway. A better selection might be deciduous overstory such as Maple, Ash or Linden. The landscaping program should be designed to introduce better quality and lifestyle for the future residents of the subdivision. Staff is concerned that parking could be a problem because there are no plans for overflow parking. Parks Director, Bill Mangan has reviewed the park dedication requirement and recommends a fee of $3,120.00, the City Engineer reviewed the application and found the overall utility and grading lan acceptable except for some minor changes, the City Building Official has requested that during the grading specific erosion control measures be taken. At this time public input was taken. Daniel Stam, 16828 Willow Lane, had concerns regarding the time schedule meshing with Westbury Ponds construction, streets lining up, speed bumps should be put in for speeding through a residential area, and the sign for Westedqe should be removed and cleaned up or a new one put up. Comments from the Commissioners concurred with staff's concerns with: landscaping, private /public drive, utility plan, drainage, density, setbacks, street delineation, trail system, parking, curb /gutter, roadway, traffic circulation, snow removal, and requested the applicant to submit a complete application per standards. Louie Stassen commented on soma of the concerns and will work with staff to submit a complete application. MOTION BY WUELLNER, SECOND BY ROSETH, TO CONTINUE THE PUBLIC HEARING FOR PRELIMINARY PLAT APPROVAL FOR WESTBDGE ESTATES PHASE II AND III TO OCTOBER 15, 1992 AT 8:30 P.M. SO THE APPLICANT CAN SUBMIT A COMPLETE APPLICATION. Vote taken ayes by Arnold, Roseth, Loftus, and Wuellnar. THE MOTION CARRIED. MOTION BY ARNOLD, SECOND BY ROSETH, TO ADJOURN THE METING. Vote taken signified ayes by Arnold, Rosoth, Nuellnor, and Loftus. MOTION CARRIED. Hosting adjourned at 9:35 P.M. Tapes of meeting on file at City Hall. Horst Graser Angie Jaspers Director of Planning Recording Secretary 0 R HERITAGE e 1891 7:30 P.M. 7s3CI P.M. 7:35 P.M. 7:45 P.M. 8:00 P.M. 8:15 P.M. 8:30 P.M. 8s45 P.M. CONUvIUNrFY f-ff1Pw14/ 1991 - 9 091 , 0 1 ;4 , MON 4 1 its f IA' a VAREANM GEMW SUUrM VATJANM L&W HENNO! 9g00 P.M. FOORGIN Indicates a Public Henri All times stated on the P) Hearingsf are approximate 4629 Dakota St. S.E., Prior LAke N I PLANNING COMMISSION MINUTES OCTOBER 15, 1992 The October 15 1992, Planning Commission Meeting was called to order by Chairman Loftus at 7:30 P.M. Those present were Commissioners Loftus, Arnold, Wuellner, Greenfield, Roseth, Director of Planning Horst Graser, Assistant City Planner Deb Garross, Associate Planner Sam Lucast, and Secretary Rita Schewe. ITEM I - REVIEW MINUTES OF PREVIOUS MEETING MOTION BY ARNOLD, SECOND BY ROSETH,TO APPROVE THE MINUTES AS WRITTEN. Vote taken Roseth. C at the pre Gerald Sullivan 5 foot variance fo 101 Northwood Ad detached garage on garage if the vari Deb Garross presen 1992. The subject deep and was anne was built under th located 1 foot fr the easterly r;lin no opiecclons co cne varial 5 foot variance as requester lot and precedent has been 5 foot sideyard variance, Lake nor the applicant. Comments from the Commissiol legal access, consent of th} of approval. 4629 Dakota St. S.E., Prlot Lake, Minne AN Eq V. stated he is requesting a d at 16067 Northwood, Lot a is needed to construct a ill remove the existing 612) 447-245 PLANNING COMMISSION MEETING MINUTES OCTOBER 15, 1992 PAGE 2 MOTION BY WUELLNER, SECOND BY ROSETH, TO GRANT A FIVE (5) FOOT WEST SIDE YARD VARIANCE FOR 16067 NORTHWOOD ROAD. RATIONAL BEING THAT IT IS A SUBSTANDARD LOT, PRECEDENT HAS BEEN SET IN THIS NEIGHBORHOOD, HARDSHIP IS NOT CAUSED BY PRIOR LAKE NOR THE APPLICANT, AND THE EXISTING STRUCTURES WERE BUILT UNDER A PREVIOUS GOVERNMENT UNIT. Vote taken signified ayes by Wuellner, Roseth, Greenfield, Loftus, and Arnold. MOTION CARRIED. ITEM III - LAWRENCE HENNEN - VARIANCE John Hennen of 14109 Aspen Avenue represented his Father, Lawrence Hennen of 16525 Northwood Road. Mr. Hennen stated that his Father is requesting three variances to construct a single family home on Lot 44, Northwood Addition. The subject site abuts the applicants existing home. Mr. Hennen wished to reply to staff's recommended denial of the 3 foot south side yard variance by referring to other variances that the Commission had granted to similar size lots in the past. Sam Lucast presented the information as per memo of October 15, 1992. The applicant is requesting a 5 foot north side yard, 3 foot south side yard and a 4% lot coverage ratio variance. DNR has no objections to the location of the house in relation to the lakeshore. Mr. Hennen is building this home now before the Shoreland Management Ordinance is amended which may require the combination of substandard lots if they are contiguous and in common ownership. There is no record of a variance of this magnitude being granted in the Northwood subdivision. In the Butternut Circle area there were variances granted for both side yards in excess of 5 feet, but the lots were restricted in size or shape. The subject site does not have those restrictions. Staff recommends denial of the 3 foot south side yard variance and approval of the 5 foot north side yard variance and the 4% lot coverage ratio as they would meet the spirit and intent of the Ordinance. Loren Gross represented Mr. b Mrs. Wilmer Scharf of 16499 Northwood Road and stated they objected to the variances. Mr. Scharf had the same situation and took part of his adjoining lot and added to his lot in order to build and observe the required 10 foot sideyard setbacks. He therefore feels the hardship is caused by the applicant. Comments from the Commissioners were on; retaining wall, drainage, excessive variances hardship self - imposed, lot lines, and Shoreland District criteria. John Hannan offered to redesign the house plans by reversing the variances requested. MOTION BY WUELLNER, SECOND BY GREENFIELD, TO DENY THE VARIANCES REQUESTED FOR 16525 NORTHWOOD. RATIONALE FOR DENIAL BEING THAT THE HARDSHIP IS CAUSED BY THE APPLICANT AND REDESIGN ATTERNATIVES ARE AVAILABLE. PLANNING COMMISSION MEETING MINUTES OCTOBER 15, 1992 PAGE 3 Discussion followed on the motion. MOTION WITHDRAWN BY THE MAKERS OF THE MOTION. MOTION BY ARNOLD, SECOND BY ROSETH, TO TABLE THE VARIANCES REQUESTED FOR LOT 44 , NORTHWOOD ADDITION WITH THE ADDRESS OF 16525 NORTHWOOD ROAD FOR LAWRENCE HENNEN. THE APPLICANT WILL BRING THE APPLICATION BACK TO THE COMMISSION FOR CONSIDERATION. Vole taken signified ayes by Arnold, Roseth, Wuellner, Loftus, and Greenfield. MOTION CARRIED. ITEM IV - JEANETTE KOENIG - VARIANCE Jeanette Koenig 3821 Green Heights Trail, stated she is proposing to build a garage and is requesting 2 variances in order to save an oak tree on the property. Deb Garross presented the information as per memo of October 15, 1992. The application request is for a 7 foot west side yard variance and a 5 foot south front yard variance to construct a detached garage. The lot is a substandard lot on a private street. The house is a legal non - conforming structure as it was built prior to annexation into Prior Lake. Staff recommends approval of the 5 foot front yard variance but denial of the 7 foot side yard variance. Staff would not object to granting a 5 foot side yard variance as this would accommodate drainage. The Engineering Department requires that an utility easement be granted by the owner prior to issuance of the building permit for the garage. Comments from the Commissioners were in agreement with Staff's recommendation. MOTION BY ROSETH, SECOND BY WUELLNER, TO GRANT A FIVE (5) FOOT SOUTH FRONT YARD AND A FIVE (5) FOOT WEST SIDE YARD VARIANCE FOR 3821 GREEN HEIGHTS TRAIL TO CONSTRUCT A DETACHED GARAGE AND THAT A UTILITY EASEMENT BE SIGNED WITH THE ENGINEERING DEPARTMENT PRIOR TO THE BUILDING PERMIT ISSUANCE. RATIONALE BEING THAT A PRECEDENT HAS BEEN SET FOR SIMILAR APPLICATIONS AND IT WOULD NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE OF THE NEIGHBORHOOD. THE RATIONAL FOR DENYING THE SEVEN (7) FOOT VARIANCE AS REQUESTED IS THAT IT EXCEEDS 50% OF THE REQUIRED SETBACK. Vote taken signified ayes by Roseth, Wuellner, Loftus, Greenfield, and Arnold. MOTION CARRIED. ITEM 5 - LOUIS STASSEN - PUBLIC HEARING - WEST EDGE ESTATES No further information has been received by Staff from Louis Stassen regarding the West Edge Estates 1st and 2nd Addition. MOTION BY ARNOLD, SECOND BY ROSETH, TO TABLE THE PUBLIC HEARING FOR WEST EDGE ESTATES 1ST AND 2ND ADDITION. Vote taken signified ayes by Arnold, Roseth, Loftus, Wuellner, and Greenfield. MOTION PASSED. PLANNING COMMISSION MEETING MINUTES OCTOBER 15, 1992 PAGE 4 ITEM V - MARK SIMON - VARIANCE Mark Simon 16153 Northwood Road, stated he is requesting several variances to rebuild his home after a fire. The house was destroyed over 50% of the market value and in order to rebuild he must bring the structure into conformance with code. Sam Lucast presented the information as per memo. The variances requested are 4.7 foot northerly side yard, 2.3 foot southerly side yard, and a .1 foot front yard variance. The house has been under construction on two building permits for several years. Terry Holden 16163 Northwood Road, called on October 12, 1992, and informed Staff that he has no problem with the variances but felt the rate of speed in which the remodeling is accomplished could be increased. An anonymous phone call was received on October 15, 1992, voicing the same concerns. The Building Department indicated the applicant has lost occupancy status due to the fire and cannot live in the house until it is finished. DNR does not have any problems with the application. Staff's recommendation is to approve the variances as requested. The original building was constructed under the jurisdiction of a previous government and dial not require variances. The Building Department commented to Staff that repairs would be completed sooner because of subcontractors doing the work instead of the applicant. The Engineering Department is requesting a utility easement be signed before the issuance of the building permit. Mr. Simon was unaware of the sewer line on his property and the procedure was explained and he agreed to sign. Comments from the Commissioners were that all were in consensus with the application. MOTION BY ARNOLD, SECOND BY GREENFIELD, TO APPROVE A 4.7 FOOT NORTH SIDE YARD VARIANCE, 2.3 FOOT SOUTH SIDE YARD VARIANCE, AND A .1 FOOT FRONT YARD VARIANCE FOR 16153 NORTHWOOD ROAD TO RECONSTRUCT A HOME DAMAGED BY FIRE, CONTINGENT THAT AN UTILITY EASEMENT BE SIGNED BY THE APPLICANT BEFORE THE ISSUANCE OF A BUILDING PERMIT. RATIONALE BEING THE HOME WAS CONSTRUCTED UNDER THE JURISDICTION OF A PREVIOUS GOVERNMENT, HARDSHIP IS BASED ON THE MORE RESTRICTIVE PRIOR LAKE ZONING ORDINANCE, THE SHAPE OF THE LOT CONTRIBUTES TO THE VARIANCES AND IT WOULD NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE OF THE NEIGHBORHOOD. Vote taken signified ayes by Arnold, Greenfield, Loftus, Roseth, and Wuellner. MOTION CARRIED. ITEM VII - STAFF - HAROLD BOHLEN VARIANCE - FACTS AND FINDINGS Horst Graser presented facts and findings on the variance application for Harold Bohlen supporting the approval action by the Planning Commission on September 17, 1992. Facts and Findings for 13380 Hickory Avenue are as follows: Approximately one half of the two subject quarter /quarter sections were previously platted into 2 to 3 acre lots under the jurisdiction of Eagle Creek Township. PLANNING COMMISSION MEETING MINUTES OCTOBER 15, 1992 PAGE 5 2. As a result of the previous platting the subject quarter /quarter sections are ur�jan in character and zoned R -1 and C -1 to reflect higher residential density and environmentally sensitive lands. 3. The applicant's parcel consists of 26 acres. 4. The subject property is a residual piece of property in two urbanized quarter /quarter sections. It is adjacent to the City of Shakopee which provides for a greater density in their rural service area. 5. The proposed lot size is consistent with the 4 per 40 acres concept found in the Comprehensive Plan. 6. The neighborhood was supportive of one additional residential unit. 7. Because of the uniqua circumstances, the variance is a reasonable deviation of Prior Lake's Zoning law, promotes fairness and equity, and is not contrary to the general health and welfare of the community. 8. The applicant has agreed to execute and record an agreement with Prior Lake restricting the issuance of additional building permits for anX residential units on the 26 acres until public sewer and water is available. The applicant further agrees to restrict the location of the one additional residential unit granted under this permit to that part of the 26 acres lying west of the township road in the South half of the Southwest Quarter of the Northeast Quarter, all in Section 23, Township 115, Range 22, Scott County, Minnesota. MOTION BY ROSETH, SECOND BY ARNOLD, TO ADOPT THE FACTS AND FINDINGS FOR THE HAROLD BOHLEN VARIANCE APPLICATION AS PRESENTED. Vote taken signified ayes by Roseth, Arnold, and Loftus. Commissioners Wuellner and Greenfield abstained as they were not in attendance of the meeting. MOTION CARRIED. The Commissioners directed Staff to proceed on a proposal to amend the Zoning Code on 10 acre lot size. ITEM VIII - REORGANIZATION OF PLANNING COMMISSION Commissioner Arnold nominated Commissioner Roseth for Chairman. Nominations closed. Vote taken signified ayes by Arnold, Loftus, Wuellner, Greenfield, and Roseth. MOTION CARRIED. Commissioner Wuellner nominated Commissioner Arnold for Vice-Chairman. Nominations closed. Vote taken signified ayes by Wuellner, Roseth, Greenfield, Loftus, and Arnold. MOTION CARRIED. PLANNING COMMISSION MEETING MINUTES OCTOBER 15, 1992 PAGE 6 Mark Simon returned and wanted the building permit without the easement. Mr. Simon was advised that the motion had been passed with that contingency. Discussion followed on the procedure and Mr. Simon agreed to the motion. Discussion followed on future projects. MOTION BY ARNOLD, SECOND BY WUELLNER, TO ADJOURN MEETING. Vote taken signified ayes by Arnold, Wuellner, Loftus, Roseth, and Greenfield. MOTION CARRIED. Meeting adjourned at 9:52 P.M Director of Planning Horst W. Graser Tapes on file at City Hall. Recording secretary Rita M. schewe