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HomeMy WebLinkAbout_10 13 2025 PCM Agenda Packet _FULL Phone 952.447.9800 / PriorLakeMN.gov 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA Monday, October 13, 2025 City Council Chambers 6:00 p.m. 1. Call Meeting to Order and Pledge of Allegiance 2. Approval of Agenda 3. Approval of the September 22, 2025, Planning Commission Meeting Minutes 4. Public Hearings: A. PDEV25-000017 – 3950 Green Heights Trail SW – Variance – Lakers Holdings, LLC is requesting variances regarding location and height of a proposed retaining wall. The applicant is proposing to remove an existing tiered retaining wall along the western property line and replace it with a single big block retaining wall. (PID 251020221) 5. Old Business: 6. New Business: 7. Adjournment 1 PRIOR LAKE PLANNING COMMISSION MINUTES Monday September 22, 2025 1. Call to Order and Pledge of Allegiance: Chair Ringstad called the Monday September 22, 2025 Prior Lake Planning Commission meeting to order at 6:00 p.m. Commissioners: Dan Ringstad, Michael Tennison, Christian Fenstermacher, and Kate Yurko. Absent: Jason Tschetter, and Doug Johnson. Also, present were Community Development Director McCabe, Planner Paul Moretto, Assistant City Engineer Luke Schwarz, and Development Deputy Clerk / Administrative Assistant Megan Kooiman. 2. Approval of Monday September 22, 2025 Agenda: MOTION BY TENNISON SECONDED BY FENSTERMACHER TO APPROVE THE MONDAY SEPTEMBER 22, 2025 PRIOR LAKE PLANNING COMMISSION AGENDA. VOTE: Ayes by Ringstad, Tennison, Fenstermacher, and Yurko. Motion carried 4 -0. 3. Approval of Monday, September 8, 2025, Meeting Minutes: MOTION BY YURKO SECONDED BY FENSTERMACHER TO APPROVE THE MONDAY, SEPTEMBER 8, 2025, PRIOR LAKE PLANNING COMMISSION MEETING MINUTES. VOTE: Ayes by Ringstad, Tennison, Fenstermacher, and Yurko. Motion carried 4 -0. 4. Public Hearing A. PDEV25-000018 – 4730 140th St NE– Preliminary Plat and Preliminary Planned Unit Development – The developer and owner, KJ Walk Inc., are requesting a consideration for a Preliminary Plat and Preliminary Planned Unit Development (PUD) Plan for the subdivision of 11 single-family detached residential lots on approximately 5.38 gross acres 4.13 net developable acres to be known as the Stone Path. (PID 259260050) Planner Moretto: Introduced item 4A as a public hearing to consider a request for a Preliminary Plat and Preliminary Planned Unit Development for KJ Walk Inc. Moretto explained the current circumstances, physical site characteristics, and the variance criteria. City staff are recommending approval of the variance. Commissioner’s Questions: None Applicant: Warren Israelson of KJ Walk Inc.: Commented that he is looking forward to this project in Prior Lake and offered to answer any questions the commission may have. MOTION BY TENNISON, SECONDED BY YURKO TO OPEN THE PUBLIC HEARING ON ITEM 4A AT 6:08 P.M. VOTE: Ayes by Ringstad, Tennison, Fenstermacher, and Yurko. Motion carried 4 -0. Public Comment: None. MOTION BY FENSTERMACHER, SECONDED BY TENNISON TO CLOSE THE PUBLIC ON ITEM 4A AT 6:09 P.M. 2 VOTE: Ayes by Ringstad, Tennison, Fenstermacher, and Yurko. Motion carried 4 -0. Commissioner’s Comments: Ringstad: Believes that this will greatly benefit the public. Will vote in favor of this tonight. Tennison: Staff and the developer did a great job with the details of the plan. Will vote in favor. Fenstermacher: This plan makes a lot of sense. Wil be in favor of this tonight. MOTION BY FENSTERMACHER, SECONDED BY TENNISON TO RECOMMEND CITY COUNCIL APPROVAL OF THE REQUEST FOR A PRELIMINARY PLAT AND PRELIMINARY PLANNED UNIT DEVELOPMENT PLAN FOR A DEVELOPMENT TO BE KNOW AS STONE PATH AT 4730 140TH ST NE. VOTE: Ayes by Ringstad, Tennison, Fenstermacher, and Yurko. Motion carried 4 -0. 5. Old Business: None. 6. New Business: None. 7. Announcements & Adjournment: Announcements: McCabe: Announced that there will be a meeting on October 13th. MOTION BY FENSTERMACHER, SECONDED BY YURKO TO ADJOURN THE MONDAY SEPTEMBER 22, 2025, PLANNING COMMISSION MEETING AT 6:11 P.M. VOTE: Ayes by Ringstad, Tennison, Fenstermacher, and Yurko. Motion carried 4 -0. Respectfully submitted, Megan Kooiman, Deputy Clerk / Administrative Assistant 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: OCTOBER 13, 2025 AGENDA #: 4A PREPARED BY: PRESENTED BY: JAKE SKLUZACEK, PLANNER JAKE SKLUZACEK AGENDA ITEM: PUBLIC HEARING TO CONSIDER A RESOLUTION APPROVING VARIANCES TO ALLOW FOR THE CONSTRUCTION OF A RETAINING WALL EXCEEDING FOUR FEET IN HEIGHT WITHIN THE FRONT, SIDE, AND OHWL STRUCTURE SET- BACKS ON A PROPERTY IN THE R-2 SD (MEDIUM DENSITY RESIDENTIAL SHORELAND) ZONING DISTRICT DISCUSSION: Introduction Lakers Holdings, LLC is requesting variances to allow for a retaining wall exceeding 4 ft. in height within the front, side and OHWL (Ordinary High-Water Level) structure set- backs. The subject property, Lot 19 of Green Heights 1st Addition, is located at 3950 Green Heights Trl SW, PID: 25102221. This is a riparian lot. The requested variances are listed below: • A variance to allow for a retaining wall exceeding four feet in height within the front, and side yard structure setbacks. (Subsection 10-605, (3)) • A variance to allow for a retaining wall exceeding four feet in height within the av- erage OHWL structure setback. (Subsection 10-435, Subd (7) b.) Regulation Requirement Proposed Variance Front Yard Structure Setback 25’ 20’ 5’ Side Yard Structure Setback 10’ 2’ 8’ OHWL Structure Setback Averaging or 50’ whichever greater (50’)* 20.5’ 29.5’ * Property to the west, 3904 Green Heights Trl SW OHWL Structure Setback =44.2’ * Property to the west, 3894 Green Heights Trl SE OHWL Structure Setback = 52’ * Average OHWL Setback Determined to be 48.1’ based on existing surveys of adjacent prop- erties. Average setback can be no closer than 50’ without a variance. History The property is zoned R-2 (Medium Density Residential) and is guided R-MD (Urban Medium Density) on the 2040 Comprehensive Plan Land Use Map. The property is in the Shoreland Overlay District of Prior Lake. The existing commercial building and ex- isting retaining wall were originally constructed in 2015. Current Circumstances The existing tiered retaining walls are experiencing failures and the applicant is pro- posing to replace the existing tiered retaining walls with a single taller large block re- taining wall in an effort to prevent future failures and erosion to both the property and an adjacent residential property to the west. The neighboring vinyl fence owned by the 2 neighboring property owner to the west is proposed to be removed during construction and reinstalled by the applicant following construction. In addition to the proposed new retaining wall, the applicant is also proposing to re-align stairs on the site to create landings to provide relief of the current twenty-four-step stairwell. The property’s use as a restaurant is considered legal-nonconforming and is governed by City Code Sub- section 10-349 – Expansion of a Nonconforming Restaurant Use. Prior Lake City Code defines a structure as anything constructed or erected, the use of which requires a location on the ground. Structures include, but are not limited to, advertising signs, billboards, towers and fences greater than six feet in height, pavil- ions, gazebos, pergolas, trellises, reta ining walls greater than four feet in height, and swimming pools. The existing tiered retaining walls did not require a variance for a structure setback as they are less than four feet in height. Front and Side Structure Setbacks: Subsection 10-605(3) illustrates the following minimum requirements which govern the use and development of property in the R-2 zoning district: Land Use Lot Area (sq. ft.) Lot Width (ft.) Lot Depth (ft.) Front Yard (ft.) Rear Yard (ft.) Side Yard (ft.) Other Uses 15,000 100 150 25 25 10 OHWL Structure Setback: Subsection 10-435(7) b. states, On shoreland parcels that have two adjacent parcels with existing principal structures on both such adjacent par- cels, any new residential structure or any additions to an existing structure may be set back the average setback of the adjacent structures from the ordinary high-water level or 50 feet, whichever is greater, provided all other provisions of the shoreland overlay district are complied with. In cases where only one of the two parcels adjacent to an undeveloped shoreland parcel has an existing principal structure, the average setback of the adjacent structure and the next structure within 150 feet may be utilized. In this case, only one of the two adjacent parcels is developed, so the average set- back was determined using the closest two parcels to the west. The subject lot cur- rently has an average OHWL setback of 48.1 ft.; however, setback averaging cannot be used to construct a structure closer than 50 ft. from the OHWL without a variance. The applicant proposes decreasing this setback to 20.5 ft. which is a variance of 29.5 ft. ISSUES: This project includes requests for variances. Section 10-906 states that the Board of Adjustment may grant a variance from the strict application of the provisions of the Zoning Ordinance, provided that: 1) Variances shall only be permitted when they are in harmony with the general purposes and intent of the Zoning Code. The proposed improvements are consistent with the general purposes of the City’s Subdivision and Zoning Ordinances. The retaining wall will restore slope stability, mitigate erosion, and protect both the subject parcel and neighboring property. The granting of the variances is in harmony with the general purposes of the Zoning Code. The purpose of the Zoning Code is to “Promote the most appropriate and orderly development of the residential, business, industrial, public land, and public areas”. 3 2) Variances shall only be permitted when they are consistent with the Comprehensive Plan. The proposed improvements are consistent with the general purposes of the City’s’ Comprehensive Plan. The redesigned stairway enhances public accessibility and safety, reflecting the City’s goal of ensuring safe and functional infrastructure for residents and visitors. By combining structural stabilization with safer pedestrian circulation, the project demonstrates a holistic approach to responsible land use and public welfare. The granting of the variances is consistent with the Comprehensive Plan and its goal to maintain and improve physical character and identity. This is accomplished by achieving compatible relationships between different types of land use by utilizing design standards, appropriate buffers, land use transitions, and high- quality design. 3) Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the Zoning Code. “Practical difficulties,” as used in connection with the granting of a variance, means the property owner proposes to use the property in a reasonable manner not permitted by the Zoning Code, the plight of the landowner is due to circumstances unique to the property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. The owner of the property is faced with significant challenges due to the failure of the existing retaining wall, originally constructed to approximately four (4) feet in height, has proven inadequate for long-term stability. The resulting wall failure has caused substantial erosion and threatens both the subject property and neighboring parcel. Additionally, the existing stair alignment consists of approximately twenty-four (24) consecutive steps without landings or intermediate platforms, creating a steep and hazardous path for pedestrians to navigate from the sidewalk to the restaurant entrance. Strict compliance with the ordinance’s height limit would not permit a wall capable of resolving the slope stability or safely accommodating improved pedestrian access. The proposed design addresses these practical difficulties by incorporating a taller, engineered retaining wall system along with a reconfigured stair alignment that introduces two landings, breaking up the long run of steps and reducing risks to public safety. Reasonable Use Consistent with Neighborhood: Granting these variances will not alter the essential character of the neighborhood. The proposed retaining wall uses large-block construction consistent with durable, engineered solutions commonly found in similar commercial and residential settings. The blocks to be used are on the MNDOT (Minnesota Department of Transportation) approved product list and similar products are installed throughout the city of Prior Lake already. The stairway redesign enhances the character of the property by improving public access in a safe, attractive, and functional manner. Rather than posing a detriment, the project will improve public welfare by reducing fall risks, eliminating erosion hazards, and ensuring that the site remains safe and useable for the community. The applicant is seeking to construct retaining walls exceeding four feet in height within required structure setbacks, a common residential redevelopment project along the City’s lake shores. 4 Not Self-Created: The challenges presented are due to unique circumstances specific to the property and not the actions of the current owner. The lot’s slope and the limitations of the four-foot wall design created conditions that have resulted in failure and erosion. Similarly, the long, uninterrupted stairway alignment was pre-existing site condition that does not meet contemporary safety expectations. These factors are tied to the site’s topography and historical construction, not to the preferences of the property owner. The requested variances are therefore necessary to remedy conditions that are both unique and problematic, rather than a matter of convenience. The unique constraints of the property, including the slope, topography, and historical construction were not created by the applicant and predate their ownership. These factors result from historic platting and development patterns that do not align with current zoning standards. No Alteration to Neighborhood Character: The variances will not result in any use of the property that is inconsistent with its zoning designation. The property will remain in commercial use as a restaurant with supporting infrastructure. The proposed retaining wall and stairway improvements are accessory features necessary to preserve stability and ensure safe public access. The request pertains solely to structural height and safety improvements and does not extend beyond the uses already permitted in the zoning district. The proposed structure is consistent with the residential character and scale of surrounding properties, and it would not alter the essential character of the locality. 4) Economic considerations alone do not constitute practical difficulties. Economic considerations alone are not the reason for the variance request. Conclusion City staff believe these variances are warranted and necessary to allow for construction of the proposed retaining wall due to the failure of the existing four-foot walls, slope present on site, site topography, and historical construction. Other neighborhood homes surrounding the subject property have similar OHWL setbacks on shallow lots and most homes in this neighborhood have similar limitations related to steep slopes and rough topography. If the Board of Adjustments finds the applicant has met all necessary criteria and sup- ports approval of the variances, then staff recommends the following conditions: ➢ The applicant shall provide a grading plan confirming all stormwater drainage from the development will be managed on their property. ➢ The variance resolution shall be recorded at Scott County. ➢ A building permit shall be obtained from the Building Department prior to the com- mencement of construction. ➢ A visual barrier shall be required for the proposed retaining walls exceeding four feet in height. If the Board of Adjustments finds the applicant has not met all necessary criteria and would like to see further revisions to reduce the variance requests, staff would recom- mend providing direction to the applicant related to reasonable setbacks and table the item for consideration at a future meeting. 5 ALTERNATIVES: 1. If the Board of Adjustment finds the requested variances are warranted in this case, a motion and a second to adopt a resolution approving the variances requested for 3950 Green Heights Trl SW with the listed conditions or approve any variance the Board of Adjustment deems appropriate in the circumstances. 2. If the Board of Adjustment finds the requested variances are not warranted in this case, a motion and a second to deny the variances requested because the Board of Adjustment finds a lack of demonstrated practical difficulties under the zoning code criteria and direct staff to prepare a resolution of denial for consideration at the next Board of Adjustment meeting. 3. If the Board of Adjustment would like additional information from the applicant about the requested variances or would like to see further plan revisions to decrease the variance requests, a motion and a second to table or continue discussion of the item for specific purposes as directed by the Board of Adjustment. RECOMMENDED MOTIONS: Alternative No.1 ATTACHMENTS: 1. Location Map 2. Applicant Narrative 3. Survey – Existing Conditions 4. Survey – Proposed Conditions 5. Resolution 25-09 PC Narrative Response to Variance Criteria 3950 Green Heights Trail SW, Prior Lake, MN Page 1 of 2 GeoWall Designs, LLC Savage, MN & Commerce City, CO Office: (952) 303-4190 geowalldesigns.com The following is a narrative response to the request from the city of Prior Lake for the proposed retaining wall project for the property above. 1. Practical Difficulties in Complying with the Ordinance The owner of the property is faced with significant challenges due to the failure of the existing retaining wall, originally constructed to approximately four (4) feet in height. This height was most likely selected to avoid variance requirements, but it has proven inadequate for long-term stability. The resulting wall failure has caused substantial erosion and threatens both the property itself and neighboring parcels. Additionally, the existing stair alignment consists of approximately twenty-four (24) consecutive steps without landings or intermediate platforms, creating a steep and hazardous path for pedestrians to navigate from the sidewalk to the restaurant entrance. Strict compliance with the ordinance’s height limit would not permit a wall capable of resolving the slope stability or safely accommodating improved pedestrian access. The proposed design addresses these practical difficulties by incorporating a taller, engineered retaining wall system along with a reconfigured stair alignment that introduces two landings, breaking up the long run of steps and reducing risks to public safety. 2. Harmony with the Ordinance and Comprehensive Plan The proposed improvements are consistent with the general purposes of the City’s Subdivision and Zoning Ordinances and the Comprehensive Plan. The retaining wall will restore slope stability, mitigate erosion, and protect both private and neighboring properties. The redesigned stairway enhances public accessibility and safety, reflecting the City’s goals of ensuring safe and functional infrastructure for residents and visitors. By combining structural stabilization with safer pedestrian circulation, the project demonstrates a holistic approach to responsible land use and public welfare. 3. Unique Circumstances of the Property The challenges presented are due to unique circumstances specific to the property and not the actions of the current owner. The lot’s slope and the limitations of the original four-foot wall design created conditions that have resulted in failure and erosion. Similarly, the long, uninterrupted stairway alignment was a pre-existing site condition that does not meet contemporary safety expectations. These factors are tied to the site’s topography and historical construction, not to the preferences of the property owner. The requested variance is therefore necessary to remedy conditions that are both unique and problematic, rather than a matter of convenience. Narrative Response to Variance Criteria 3950 Green Heights Trail SW, Prior Lake, MN Page 2 of 2 GeoWall Designs, LLC Savage, MN & Commerce City, CO Office: (952) 303-4190 geowalldesigns.com 4. Essential Character of the Neighborhood and Public Welfare Granting the variance will not alter the essential character of the neighborhood. The proposed retaining wall uses large-block construction consistent with durable, engineered solutions commonly found in similar commercial and residential settings. The blocks to be used are on the MNDOT approved product list and similar products are installed throughout the city of Prior Lake already. The stairway redesign enhances the character of the property by improving public access in a safe, attractive, and functional manner. Rather than posing a detriment, the project will improve public welfare by reducing fall risks, eliminating erosion hazards, and ensuring that the site remains safe and usable for the community. 5. Use of Property within Permitted Zoning The variance will not result in any use of the property that is inconsistent with its zoning designation. The property will remain in commercial use as a restaurant with supporting infrastructure. The retaining wall and stairway improvements are accessory features necessary to preserve stability and ensure safe public access. The request pertains solely to structural height and safety improvements and does not extend beyond the uses already permitted in the zoning district. Respectfully, Kyle Huerd, PE (Owner/Founder) GeoWall Designs 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 25-09 PC VARIANCES TO ALLOW FOR THE CONSTRUCTION OF A RETAINING WALL EXCEEDING FOUR FEET IN HEIGHT WITHIN THE FRONT, SIDE, AND OHWL STRUCTURE SETBACKS ON A PROPERTY IN THE R-2 SD (MEDIUM DENSITY RESIDENTIAL SHORELAND) ZONING DISTRICT WHEREAS, The Prior Lake Planning Commission, acting as the Board of Adjustment, conducted a public hearing on October 13, 2025, to consider a request from Lakers Holdings, LLC requesting variances to allow a for retaining walls exceeding 4 ft. (four feet) in height within the front, side, and OHWL structure setbacks on a property located in the R-2 SD (Medium Density Residential Shoreland) Zoning District at the following property, legally described as: LOT 19 AND ALL THAT PORITON OF LOT 20, GREEN HEIGHTS FIRST ADDTION, SCOTT COUNTY, MINNESOTA, EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID LOT 20, FIFTY FEET FROM THE MOST SOUTHERLY CORNER THEREOF; THENCE IN A NORTHWESTERLY DIRECTION THROUGH A POINT TO THE SHORE OF PRIOR LAKE AND THERE TERMINATING, SAID POINT DESCRIBED AS FOLLOWS COMMENCING AT THE MOST SOUTHERLY CORNER OF LOT 20; THENCE NORTH 28 DEGREES 48’20” WEST ALONG THE WESTERLY LINE OF LOT 2 A DISTANCE OF 182.4 FEET; THENCE NORTH 56 DEGREES 05’40” EAST 63 FEET TO SAID POINT. (PID 251020221) Address: 3950 Green Heights Trl SW, Prior Lake, MN 55372; and WHEREAS, Notice of the public hearing on said variance requests was duly published in accordance with the applicable Prior Lake Ordinances; and WHEREAS, The Board of Adjustment proceeded to hear all persons interested in these variance requests, and persons interested were afforded the opportunity to present their views and objections related to the variance requests; and WHEREAS, The Board of Adjustment has reviewed the application for the variances as contained in Case #DEV25-000017 and held a hearing thereon on October 13, 2025; and WHEREAS, The Board of Adjustment has considered the effect of the proposed variances upon the health, safety, and welfare of the community, the existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, the effect on property values in the surrounding area and the effect of the proposed variances on the Comprehensive Plan. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE BOARD OF ADJUSTMENT OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The Board of Adjustment hereby adopts the following findings: 2 a. Variances shall only be permitted when they are in harmony with the general purposes and intent of the Zoning Code. The granting of the variances is in harmony with the general purposes of the Zoning Code. The purpose of the Zoning Code is to “Promote the most appropriate and orderly development of the residential, business, industrial, public land, and public areas”. b. Variances shall only be permitted when they are consistent with the Comprehensive Plan. The granting of the variances is consistent with the Comprehensive Plan and its goal to maintain and improve physical character and identity. This is accomplished by achieving compatible relationships between different types of land use by utilizing design standards, appropriate buffers, land use transitions, and high-quality design. c. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the Zoning Code. “Practical difficulties,” as used in connection with the granting of a variance, means the property owner proposes to use the property in a reasonable manner not permitted by the Zoning Code, the plight of the landowner is due to circumstances unique to the property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Reasonable Use Consistent with Neighborhood: The applicant is seeking to construct retaining walls exceeding 4 ft. (four feet), a common residential redevelopment project along the City’s Lake shores. Not Self-Created: The unique constraints of the property, including the steep slopes, rough topography, and historical construction were not created by the applicant and predated their ownership. These factors result from historic platting and development patterns that do not align with current zoning standards. No Alteration to Neighborhood Character: The proposed structures are consistent with the residential character and scale of surrounding properties, and it would not alter the essential character of the locality. d. Economic considerations alone do not constitute practical difficulties. Economic considerations alone are not the reason for the variance request. 3. Based upon the findings set forth herein, the Board of Adjustment hereby approves the following variances to allow the construction of retaining walls per the proposed survey in the R-2 SD (Medium Density Residential Shoreland) Zoning District: a. A variance to allow for a retaining wall exceeding four feet in height within the front, rear, and side yard structure setbacks. (Subsection 10-605-R-2, (3)) b. A variance to allow for a retaining wall exceeding four feet in height within the average OHWL structure setback. (Subsection 10-435, Subd (7) b.) 4. The variances are subject to the following conditions of approval: a. The applicant shall provide a grading plan confirming all stormwater drainage from the development will be managed on their property. b. The variance resolution shall be recorded at Scott County. 3 c. A building permit shall be obtained from the Building Department prior to the commencement of construction. d. A visual barrier shall be required for the proposed retaining walls exceeding four feet in height. PASSED AND ADOPTED THIS 13TH DAY OF OCTOBER 2025. _______________________________ Dan Ringstad, Commission Vice-Chair ATTEST: _________________________________ Casey McCabe, Community Development Director VOTE Ringstad Johnson Fenstermacher Tennison Yurko Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐