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HomeMy WebLinkAbout01/14/04 ~O~ PRI~ t:O~ 16200 Eagle Creek Avenue S.E. ,U I'!'J Prior Lake, MN 55372-1714 .~ MINUTES OF THE LAKE ADVISORY COMMITTEE January 14, 2004 I. CALL TO ORDER The Lake Advisory Committee (LAC) Meeting was called to order at 5:00 P.M. Members present: Dan O'Keefe, Harry Alcorn, Marv Mirsch, Brad Beneke, and Donna Mankowski. Members absent: None Others present: Sue McDermott, City Engineer, Larry Poppler; Assistant City Engineer, Sherry Newtson, Leatrice Daniels II. CONSIDER APPROVAL MEETING MINUTES ~ Harry Alcorn made a motion to approve the minutes. The minutes were approved as written. III. NEW BUSINESS a. Review of boat canopy systems as they apply to the ordinance on accessory structures. McDermott passed out a memo from the Planning Department. The memo outlined a modification of the ordinance to allow the canopy structures. O'Keefe mentioned that regulation of this structure would mean regulation of a lot of different structures and the regulation would never end. The recreational equipment is a great category for this item. Mankowski stated that since the structure doesn't have four walls it should be classified as a temporary structure. Mirsch mentioned that this has permanent footings and stated that this should be considered a type of boat lift and add boat lift to the definition of a recreational equipment. Alcorn looked at the problem in a different way. Since the structure was built some time ago the structure would simply be "grandfathered" in. ~ www.cityofrtriorlake.com Phone 952.447.4230 / Fax 952.447.4245 O'Keefe stated that the Planning Department may have been thinking of other items when they wrote the memo, so no change should be made to the memo. Mankowski thought that simply adding boat lift shouldn't be a issue. McDermott will write a memo from the LAC agreeing with the Planning Departments language in the memo, but that the words boat lift be added to the language regarding the ordinance change. Mirsch made a motion, seconded by Mankowski accepting the proposal by the Planning Department for the change in the ordinance. Motion passed unanimously. Alcorn made a motion that nothing be done to the structure at 14330 Rutgers Street until the ordinance change run its course. Mirsch seconded the motion. Motion passed unanimously. IV. OLD BUSINESS a. Review of the 2000 Comprehensive Lake Management Plan I Sustainable Lakes Management Plan McDermott stated that the tasks outlined in the Comprehensive Lake Management Plan have been completed. What is remaining is just the yearly tasks. Mirsch mentioned that the tasks should be gone through to see if some of them would be things we would want to do again. McDermott added that the Sustainable Lakes Management Plan should be adopted with other defined tasks determined by the LAC to be added to the plan. Mirsch mentioned that the Sustainable Lakes Management Plan doesn't show the dollar value of the defined tasks. McDermott is looking for input into the Comprehensive Lake Management Plan on the definition of tasks. For example if the LAC feels the surface water regulations need to be reviewed again, it should be a defined task. Everyone will review both plans and provide input at the next meeting. Beneke suggested that capital be put aside for the number one specific project which would increase water quality on the lake. Mankowski mentioned that the Sustainable Lakes Management Plan addresses the water quality of the lake and tasks were defined in that plan. The funding sources for the tasks are also included. 2 b. Articles for the next publication of the Wavelength. McDermott submitted the winter lake access article to Nathan Oster for publication in the Wavelength. McDermott asked for input into the next Wavelength for articles. The next Wavelength will be published in March. Alcorn suggested an article on the organizations on Prior Lake and contact information for these organizations. McDermott will check for a master list of organizations in Prior Lake. Mankowski suggested an article on shoreline restoration. V. ANNOUNCEMENTS a. McDermott mentioned that Don Rye, Planning Director, has almost completed the draft of the dock information and it will probably be distributed before the next LAC meeting. b. The DNR has contacted the City to talk about the plans for the Dewitte access upgrades. Once a plan has been given to the City, it will be shared with the LAC. The LAC should think about their position on the expansion of the Dewitte Access and the Sand Point access. Sand Point has space available to include additional parking. ,- VI. ADJOURNMENT MOTION BY ALCORN, SECONDED BY OKEEFE TO ADJOURN THE MEETING AT 6:30 P.M. Respectfully submitted, Sue McDermott City Engineer Larry Poppler Assistant City Engineer 3 Memo To: Sue McDermott, City Engineer From: Jane Kansier, Planning Coordinator. .{",l),l/ Re: An amendment regarding the treatment ohemporary structures (Le., temporary storage) Date: January 14, 2004 On December 15, 2003, the City Council and the Planning Commission held a joint workshop to discuss several potential amendments to the Zoning Ordinance. One of the proposed amendments pertained to the treatment of temporary structures for the storage of recreational vehicles. The staff provided the following information to the Planning Commission and the City Council. Description: This amendment would pertain to the treatment of temporary structures on residential lots. Impetus: The City staff has received a number of complaints about the use of temporary structures for the storage of recreational vehicles. These structures generally include a fabric or metal roof or cover supported by poles anchored to the ground. Given the escalating price of off-premise boat storage, we expect to see more structures of this nature. Pros and Cons: The primary complaint about the temporary boat covers is aesthetic. In addition, these "temporary" structures may eventually become permanent. On the other hand, recreational equipment is a fact of life in a lake community such as Prior Lake. The temporary storage structures provide an economical means to store this equipment. Options: An amendment addressing these structures in the same manner as other recreational equipment may be in order. An amendment written in this manner would ensure the structures remain temporary, but would also address some of the aesthetic concerns by limiting location and the amount of time a structure could remain in place. The Zoning Ordinance currently defines Recreational Equipment as follows: "Recreational equipment shall include, but not be limited to, boats, boat trailers, general purpose trailers, recreational campers, self-contained motor homes, truck toppers, fish houses, utility trailers, jet skis and snowmobiles. " 1:\04 files\04 ordin amend\04 zoning\temp structures\mcdermott memo.doc The Zoning Ordinance also regulates the placement of Recreational Equipment as outlined below: Currently licensed and operable winter recreational equipment, including fish houses, may be parked on or adjacent to a driveway on a lot in a "R" Use District from November 1 to April 1 each year. Currently licensed and operable summer recreational equipment may be parked on or adjacent to a driveway on a lot in a "R" Use District from April 1 to November 1 each year. At all other times, recreational equipment shall be stored in the rear or side yard. If topography or other natural conditions of the lot do not allow for storage in the side or rear yards, the recreational equipment may be parked adjacent to the driveway subject to written approval of the Zoning Administrator and the following standards: a. The recreational equipment must be located at least 5 feet from any side lot line. b. The recreational equipment shall not encroach into any public right-of- way. The option outlined above treats the temporary structures for boat storage as recreational equipment. In order to implement this strategy, an amendment to the definition of recreational equipment to include these structures is required. This amendment could read as follows: Recreational equipment shall include, but not be limited to, boats, boat trailers, boat covers and structures used to cover boats. as lona as such structures are not tied permanentlv to the around and do not include 4 walls.. general purpose trailers, recreational campers, self-contained motor homes, truck toppers, fish houses, utility trailers, jet skis and snowmobiles. " The Planning staff has also reviewed other ordinances in the Metropolitan area to determine if any other community has specific regulations for these types of structures. We could find no similar circumstances. Following discussion at the workshop, the City Council and the Planning Commission decided this item should be brought back to the Planning Commission for further discussion. We plan to bring this item to the Planning Commission for discussion only in February. Any input you can offer would be helpful. . Page 2 Sheryl Newtson Leatrice Daniels 14330 Rutgers St. N.E. Prior Lake, MN 55372 January 18, 2004 Sue McDermott, City Engineer Jane Kansier, Planning Coordinator Planning Commissioners City Council 16200 Eagle Creek Ave. S.E. Prior Lake, MN 55372 Dear Sue McDermott, Jane Kansier, Planning Commissioners, City Council, and all whom this may concern: I read the memo to Sue McDermott dated 1-14-04 concerning an amendment regarding the treatment of temporary structures (i.e., temporary storage). I first want to sincerely thank you for considering an amendment that would allow boat lift track systems with tarp boat covers to be put in the recreational equipment category. I feel very fortunate that the Planning Department and the Lake Advisory Committee are willing to consider and support the special needs of lakeshore residents. I would also like to offer some input as a lakeshore resident and owner of a boat lift track system and tarp boat cover. I suggest that the amendment be worded a little differently to avoid confusion. The meaning of the following description was unclear to me: "as long as such structures are not tied permanently to the ground". "Not tied permanently to the ground" seems to be referring to ropes tying a structure to the ground. Maybe it would be less confusing and easier to understand if you worded it like this: "as long as such structures do not have a permanent foundation and do not include 4 walls". I would also like to recommend that this amendment would refer to recreational equipment on riparian lots (lakeshore property). This is because there was some concern at the 12-15-03 joint workshop with the planning commission and the city council that these structures would begin appearing allover the community. If the tarp boat covers are specifically put in a category of recreational equipment on riparian lots this would prevent the tarp boat covers from being placed on property that is not lakeshore. I am extremely grateful for the opportunity to make suggestions. Thanks again for considering my input. Respectfully submitted, S{~h/ A/~fsoJ'\ ~L)~ Sheryl Newtson Leatrice Daniels Phone #: 952-445-2544 SUMMARY CONCLUSION AND REQUEST FOR AN ORDINANCE AMENDMENT: In conclusion, I am appealing to you once again for an amendment to one of the current ordinances in order to deal specifically with the tarp canopy boat covers that many Prior Lake residents have including myself. Please consider the following possible amendments: #1 That the tarp canopy boat covers like ours would be put in the category of "recreational equipment", just like the hundreds of other traditional boat lifts and canopy boat covers on the shoreline of Prior Lake. Even though our tarp boat cover is not on wheels, it has no permanent foundation and can be considered moveable when necessary... if mobility is a requirement for this category. However, when I reviewed the written material on the ordinance for recreational equipment, mObility was never mentioned as a requirement. So it appears that mobility should not be an issue that would prevent our tarp boat cover from being put in the recreational equipment category. Therefore the amendment would be something like this: Recreational equipment shall include, but not be limited to, boats, boat trailers, boat lifts including tarp canopy boat covers with pole framework, general purpose trailers, recreational campers, self-contained motor homes, truck toppers, fish houses, utility trailers, jet skis, and snowmobiles. #2 If for some reason you are not able to put our tarp boat cover in the recreational equipment category, then please consider a 2nd possibility of putting it in the category of "temporary use structures" with the amendment that the pole framework could be left assembled all year. As I mentioned in my letter in the first paragraph on page 2... Traditional boat lifts are left assembled on the shoreline of Prior Lake all winter. The owners are not required to disassemble the frames. In all fairness, the owners of tarp boat covers like ours should be treated the same by not requiring us to disassemble the pole frames of our tarps during the winter. Furthermore, taking the pole frame apart for the winter would not improve anyones' view. It would be a futile and costly activity that benefits no one. It would also create a junky looking pile of pipes, track, equipment, pontoon and dock system... exposed for everyone to see. 2 Therefore the amendment would be something like this: Temporary structures shall not be permitted for a period of time exceeding 6 months. However, the pole framework of tarp canopy boat covers can be left standing all year. One final point... If our tarp boat cover is put in the category of recreational equipment or temporary use structures with the amendment of allowing the framework to remain assembled all year, then it does not have to meet the building code regulations of "accessory structures"... because it is not an accessory structure. Therefore, it can be left as it is in accordance with the require- ments for recreational equipment or temporary use structures with an amendment. I have heard that Prior Lake is considered "the jewel of our community." For this reason, meeting the needs of the lakeshore residents would be an essential part of maintaining community spirit and harmony. Thanks again for your willingness to consider our request. If you have any questions, please feel free to call us or write. Our phone number is: 952-445-2544. Our address is: Sheryl Newtson Leatrice Daniels 14330 Rutgers St. N.E. Prior Lake, MN 55372 #3 After hearing the discussion at the joint city council/planning commission meeting on 12-15-03, another possible amendment that may solve the problems that were brought up would be to create another category: Recreational Equipment on riparian lots (lakeshore property): Recreational equipment shall include, but not be limited to, boats, boat trailers, general purpose trailers, recreational campers, self-contained motor homes, truck toppers, fish houses, utility trailers, jet skis, and snowmobiles. In addition, it shall include boat lifts, boat lifts with canopy tops, boat lift track systems, tarp boat covers with pole framework, and docks. (This would prevent the tarp boat covers from being placed on property that is not lakeshore.) September 24, 2003 Leatrice Daniels & Sheryl Newtson 14330 Rutgers Street Pi"lor Lake, MN 55372 Dear Ms. Daniels & Ms. Newtson: The City of Prior Lake received a complaint regarding gn accessorv structure (pole/tarp boat cover) on your property located at ~"Uld i1rr A, l~F1Ci. An inspection of your property revealed an apparent violation of Prior Lake City Code. " Specifically, the following: C> );> Ordinance Section 1102.800 (8) Accessory Structures: Regulations a - k (see attached). );> Ordinance Section 401.500 Violations and Penalties: (the construction of an accessory structure, greater than 120 square feet in area, requires a building permit) ~ IS y.. ?, -, This office would like to solicit 'lour cooperation and communitv spirit in correctina the violation bv removina the structure or bv makina the structure compliant with all reaulations on or before October 5, 2003. If you should have any questions regarding this matter or you cannot meet the compliance date, call my direct phone number at 447-9854 between 8:00 a.m. and 4:30 p.m., Monday through Friday, and I will assist you. Enclosed is a copy of our City Code pertaining to the violation. The City appreciates your cooperation on this matter. ~~ Steven Horsman Building Inspector r-- . 16200 El5W'e1rereek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Sheryl Newtson Leatrice Daniels 14330 Rutgers St. N.E. Prior Lake, MN 55372 November 20, 2003 Steven Horsman, Building Inspector Jane Kansier, Planning Coordinator Don Rye, Director of Community Development Planning Commissioners Jack Haugen, Mayor City Council Members City Attorney 16200 Eagle Creek Ave. S.E. Prior Lake, MN 55372 Dear Steven Horsman, Jane Kansier, Don Rye, Planning Commissioners, Jack Haugen, City Council Members, City Attorney, and all whom this may concern: I am writing this letter to inform each of you about the issues concerning the tarp boat cover/boat lift track system located on our Prior lakeshore property. I believe it is important that you consider our point of view since we represent many other residents on Prior Lake who also own identical or similar tarp boat covers on shore or off their docks. These issues I am discussing in this letter relate to all boat lift owners in general as well. I would like to begin by giving you some background information concerning the tarp boat cover/boat lift track system on our property: We bought the house at 14330 Rutgers St. N.E. in August of 1999. We have only lived here for 4 years. When we purchased the property the tarp boat cover/boat lift track system was included in the purchase price as an added expense. The previous owner installed this boat lift track system and canopy in 1991. (Please refer to the copy of his receipt for the track system.) The track boat lift system and tarp canopy boat cover have been on the property for 13 years. During the last 13 years there was never a complaint from any neighbors. (This can be confirmed by your own records.) Less than a year ago, new neighbors moved into the house next door. These are the neighbors who called the City of Prior Lake. They told us they called to inquire about the tarp canopy boat cover and boat lift track system. In our conversation with them they also stated that their phone call was not meant to be a complaint. Since the action you take concerning ordinances is on a complaint basis, I feel this is an important consideration because these neighbors were merely making an inquiry not a complaint. I have reviewed the information on: 1. recreational equipment 2. temporary use structures 3. accessory structures 2 I believe our tarp canopy boat cover/boat lift track system falls under the category of "Recreational Equipment" ... since it lifts our pontoon out of the lake and transports it onto the shore under the canopy. A pontoon is defined as recreational equipment. The tarp canopy boat cover/boat lift track system is also recreational equipment since it transports and covers the pontoon. It is really no different than the hundreds of other boat lifts that sit on the shoreline of Prior Lake all year. These boat lifts take their boats out of the water and store them under a canopy, just as our tarp and boat lift track system does. These traditional boat lifts are left assembled on the shore all winter. The owners are not required to disassemble the frames. In all fairness and in a spirit of equity, I believe we should also be treated the same by not requiring us to disassemble the pole frame of our canopy during the winter. If you were to require that we disassemble the pole frame each year, we would be unable to do it. I am 55 years old and Leatrice Daniels is 65 years old. Two elderly women should not be expected to disassemble and reassemble this heavy pole frame every year. The cost to hire men to do it would also be extremely expensive and we could not afford it. As you know, school teachers and retired hairdressers are not rich. Furthermore, taking the pole frame apart for the winter would not improve the neighbor's view. It would be a futile activity that benefits no one. It would also create a junky looking pile of pipes, track, equipment, pontoon and dock system... exposed for everyone to see. If the size of our tarp canopy boat cover/boat lift track system is under consideration, please refer to the list of recreational equipment on page 1101/p. 21: "Recreational equipment shall include, but not be limited to, boats, boat trailers, general purpose trailers, recreational campers, self-contained motor homes, truck toppers, fish houses, utility trailers, jet skis, and snowmobiles." Recreational campers and self contained motor homes which are included on this list can be very large, as you know. For example, a large Winnebago may be equal to or even exceed the square footage of our tarp canopy boat cover. If moving the tarp canopy boat cover/boat lift track system to another location on the shoreline is being considered, please know that it would not be possible. The previous owner put in a boulder wall on the shore with a flat area for the track and canopy boat cover. This flat area allows for the track to bring the pontoon onto the shoreline. Any other place on the shore has a steep boulder wall. The track system could not operate on such a steep incline. 3 In response to the neighbor's concern that the canopy is obstructing their view of the lake, I think you should have more background information: 1. They are also wanting us to remove three of our spruce trees which are on our property near the property line on the lake side. 2. These next door neighbors who called with their concern live on Conroy Bay, two doors down from the "Harbor" Town- houses. When you are that far into the bay, you cannot expect to have a sideward view of the main lake. If we remove the spruce trees near the property line and the tarp canopy... it would only improve their view of our yard, not the lake. There are many other trees (oak trees, maple trees, etc.) and boat canopies and a 10 foot arborvitae hedge owned by neighbors farther down the shoreline which also obstruct the sideward view of the main lake. In our yard, we cannot see the main lake any better than our next door neighbor can. We have a forward view of the bay and that is all we expect.... And that is all anyone should expect when you live on a bay. 3. Furthermore, if we replaced the tarp canopy that we have with a traditional overhead canopy that does not extend to the ground, it would not improve our next door neighbor's view at all.... Instead of looking at the tarp, they would be looking at our pontoon extending out from under a smaller overhead canopy, which would equally obstruct their view. An example is two doors down from us: These neighbors have a boat lift track system like ours with a traditional canopy on the shore. It obstructs our view of the main lake as much as ours. (This is not a complaint, or a concern, or an inquiry.) Another example is our next door neighbor on the other side of us, who have a regular boat lift in the water off their dock with no canopy. This also obstructs our sideward view of the main lake. (This is not a complaint, or a concern, or an inquiry.) The point is this, if you ask us to remove our tarp because it obstructs the view, then in all fairness, you would have to ask every other person who owns a boat lift with or without a canopy or tarp to remove their lift as well... since every boat and pontoon lift on the shore and in the lake (off the docks) obstructs the sideward view of others. And then what would be the point of living on a lake if you can't store your boat on the shoreline. 4 4. Moving our tarp canopy over a few feet would not accomplish anything that would improve the view. Just as a requirement to move traditional boat lifts over a few feet would accomplish nothing beneficial concerning the view. The view would be equally obstructed no matter where you put any boat lift on the shoreline...whether it is a traditional boat lift or one like ours. 5. One other ironic point of interest.... The neighbors who called you with their concern do not own a boat or pontoon. If they did, it would obstruct the neighbor's view on the other side of them. 6. These same neighbors who called you about our tarp canopy boat cover are asking the neighbor on the other side of them to cut down the ornamental pompous grass (native grass) that she has on her shoreline to prevent erosion. They also called the city about this complaint, or concern, or inquiry. In a conversation we recently had with them, they expressed that their real concern is not so much the view, but expanding the visual appearance of their property lines so they can get the most dollars for their property when they sell it.... which may be very soon or up to 5 years from now. (They are undecided on the time they will be moving.) 7. One final point.... If you were to take a drive out to Lake Minnetonka, you would see hundreds of these tarp canopy boat covers. They are very popular and common on that lake and many other lakes. In that community they are considered very useful, popular, and beneficial. For example, in a bad wind storm they hold up much better than a traditional boat lift and canopy. with all of this in mind, I am requesting that you allow us to keep the tarp canopy boat cover/boat lift track system as it is... in accordance with the rules and ordinances that pertain to recreational equipment. This would require that you put it in the recreational equipment category, just like the hundreds of other traditional boat lifts and canopy boat covers on Prior Lake. Thank you in advance for your consideration of this request. We sincerely appreciate your willingness to carefully consider our point of view. Respectfully submitted, Sf.try AI U,Jf So 1'\ ~/)~ Sheryl Newtson Leatrice Daniels D. H. Docks & Tracks I , nc. P.O. Box 682 NISSWA, MINNESOTA 56468 (218) 963.2566 INVOICE NO: ~. ~. INVOICE DATE: SOLD' ' 1 PAGE: TO, N:3'30 ~~ . 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