HomeMy WebLinkAbout04/17/2001
MINUTES OF THE LAKE ADVISORY COMMITTEE
April 17, 2001
I. CALL TO ORDER
Chair Warner called the Lake Advisory Committee (LAC) meeting to order at 6:33 p,m.
Members present: Dale Braddy, Shirley Gengler, Charles Gerlach, and Rick Warner.
Members absent: Lauren Huntington. Others present: Lani Leichty and Marv Mirsch.
II. CONSIDER APPROVAL OF MARCH 20, 2001 MEETING MINUTES
MOTION BY GENGLER, SECONDED BY BRADDY TO APPROVE THE MARCH 20, 2001
MEETING MINUTES. UPON A VOTE, MOTION PASSED UNANIMOUSL Y.
III. REVIEW THE VARIANCE PROCESS AND SETBACK REQUIREMENTS FOR
RESIDENTIAL STRUCTURES
Jane Kansier, Planning Coordinator, spoke to the committee regarding the setback ordinance
from the Ordinary High Water Level (OHWL) on Prior Lake, and the criteria used by the
Planning Commission when variances are reviewed. Setback averaging allows either side lot
to be used when determining the location of a new home on the lake. The minimum setback
is 75 feet from the OHWL for Prior Lake and Spring Lake, but with setback averaging the
minimum is 50 feet. The intention is so that a tunnel effect is not created by adjacent homes.
Gengler asked what happens when a home is sold and the lot rebuilt; doesn't it get pushed up
closer to the 50-foot setback? Doesn't this compound the problem with homes creeping
toward the lake?
Kansier mentioned that the shoreline around Prior Lake is almost fully developed. The City is
more restrictive with a 75 feet setback than the State is with a 50-foot setback, As older
homes are torn down, they are being pushed back, at least those that are next to the OHWL.
Decks, as long as they are not a platform deck, are included in the setback. A deck would not
be allowed to be added later within the setback area. Criteria used for granting variances are
in State Law. The Planning Commission will grant some variances in order that people can
have reasonable use of their property, it may not be what the person desires or asked for
though. The planning is very strict on impervious surface variances from the 30% rule. They
take this very seriously. Kansier passed out a sheet showing variance criteria and a variance
summary report for the past several years.
Braddy asked about the criteria for bluff lot setbacks.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Kansier: The Planning Department requires much more detailed information with bluff lots.
The Department of Natural Resources (DNR) is worked with closely and grading permits are
required to protect the bluff as much as possible. If the land is bare, then work needs to stay
away as much as possible from the bluff. Owners are allowed to put in a path down to the
lakeshore or a scenic vista.
Gengler asked about tree removal on lakeshore lots.
Kansier said that not all trees are considered "significanf'. If they are "significant", only a
certain percentage are allowed to be removed without being replaced.
Warner stated that the Lake Advisory Committee (LAC) is concerned about the 75-foot lake
setback. The LAC wanted to know what impact this will have on the lake and to hear more
about the variance process. The committee may have thought that variances were granted
easily without little review,
Braddy asked about the requirements for sheds and boathouses along the lakeshore.
Kansier said that they need to meet the setback requirements. Some of the other criteria are
intended use and site constraints. A shed less than or equal to 120 square feet does not
require a building permit, but it would still need to meet setbacks from property lines. The
City has only one inspector who also has other duties, so enforcement is an issue. Fish
houses are considered recreational equipment, not a structure. Some people try to call a
shed a fish house. When complaints are received from citizens, the result is many letters
and citations are written. Enforcement of the use of private property is a sticky issue, a
balancing act.
Braddy suggested that an article be written about the required setbacks for fish houses and
sheds in the Wave Length.
Mirsch mentioned that ifs not easy to get a 50-foot setback variance, unless it's a hardship
issue.
No further action will be taken by the LAC on this issue at this time.
IV. WATER WATCH NEWSLETTER
The mailing of the Water Watch newsletter was discussed next. Mirsch offered the use of
the Prior Lake Association (PLA) newsletter to target lakeshore owners with information. He
mentioned that a lot of lake associations have newsletters distributed on a regular basis.
Warner asked how often the PLA sends out a newsletter. Mirsch responded, "spring and
fall". Braddy asked how many lakeshore owners are a part of the PLA that get the
newsletter. Mirsch said that all of the lakeshore owners get the newsletter mailed to them.
MOTION BY WARNER, SECONDED BY GERLACH TO TAKE UP THE PLA'S OFFER TO
USE THEIR NEWSLETTER TO GET OUT INFORMA TJON TO LAKESHORE OWNERS.
MOTION PASSED UNANIMOUSLY.
V. CHLORloe MONITORING PLAN
Leichty updated the committee on the second set of sample results from the chloride-
monitoring program. He noted that sample number seven, the one in Boudin's Bay, was the
only one higher than before.
Gengler mentioned that fertilizers contain phosphates. She talked some about the chemical
exchange of ferric chloride and what the chloride combines with after it disasociates with the
ferric iron. Mirsch suggested that Leichty talk to the testing laboratory to see which specific
chlorides are being tested. Are they testing for all chloride, or just chloride salts?
Braddy asked, "Is there anything else that we should be testing the lake water for?" The
committee is concerned about pollution coming from Spring Lake. He suggested that a
workshop be set up with the DNR and Watershed District to discuss water quality. The DNR
state fisheries should also be invited.
Mirsch asked if the DNR tested fish in Prior Lake for chemicals.
Braddy said that they did and that he had a list of fish from the DNR.
The committee decided that it would be a good idea to see what the different state and local
agencies were doing as far as water sample collection and testing on Prior Lake. Braddy
agreed to contact DNR Fisheries, Warner will contact the Minnesota Pollution Control
Agency, Gengler will contact the Watershed District and Leichty will contact the DNR
Hydrologist. The findings will be discussed at the May meeting.
VI. CLMP ACTION ITEM 1--3f
A draft of the property owner notification letter of the shoreline study results was discussed
next.
Warner said that if he had received the letter in the mail that he probably would not have
read it, but just tossed it away. He thought that the letter should encourage the owner to do
something and state the benefits of correcting a shoreline problem.
Gerlach thought that if people were going to read the letter that it should say that the
property has been identified as having an erosion problem. Then, it should mention that
taking corrective action would benefit the owner.
Mirsch agreed that the letter should encourage the owner to do something, take some action,
not to discourage them.
Gerlach said that we cannot enforce shoreline owners to take action on their property, but we
can tell them it is a problem and encourage them to do something.
Gengler thought that we should do both, tell owners that their property has been identified as
having erosion and then say that we are willing to help them out.
Warner asked how we should proceed to the next step.
Leichty said that he would e-mail the draft letter to each LAC member so that they could
review it and make any corrections as deemed necessary.
VII. SAND POINT PARK PROJECT UPDATE
Leichty passed out a brochure that Gregg Thompson, of the SWCD, prepared for the Sand
Point Beach project. The question was raised about getting the information into the PLA's
newsletter. Leichty said that we would try to get some press about this project into the Prior
Lake American.
Warner suggested that we also target the Boy Scouts, Girl Scouts and call the high school
science teacher about helping out with the project.
The committee agreed that the project starting date needed to be determined, and then
signage and promotion of the project should be encouraged through local media outlets.
VIII. OLD BUSINESS
There was no old business.
IX. NEW BUSINESS
Braddy asked if we could get the Watershed District to take the LAC on tour of watershed,
including the outlet channel. He thought this would be a good way for everyone on the LAC
to become familiar with all of the issues. Leichty said that he would contact Paul Nelson
about setting up a Saturday date for the tour.
Gerlach asked if the Scott Sheriffs water patrol could be invited to the May meeting to
explain the upcoming summer enforcement schedule and talk about last years surface water
violations. Leichty agreed to invite them to the May LAC meeting.
X. ADJOURNMENT
MOTION BY WARNER, SECONDED BY GENGLER TO ADJOURN THE MEETING.
MOTION PASSED UNANIMOUSL Y. MEETING ADJOURNED AT 8:18 P.M.
Respectfully submitted,
~~
Lanol Le\cfity /
Recording Secretary
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