Loading...
HomeMy WebLinkAbout09.27.88 Planning Packet4 1. CALL TO ORDER 2. APPROVE MINUTES a. August 16, 1988 b. September 15, 1988 AGENDA PLANNING COMMISSION REGULAR SEPTEMBER 27, 1988 3. PUBLIC HEARING 7:00 P.M. Variance Requested by Evergreen Investments 5231 180th Street West 4. PUBLIC HEARING 7:10 P.M. Conditional Use Requested by Lee Allan Rose 317 Main Street 5. PUBLIC HEARING 7:20 P.M. Conditional Use Requested by Timothy Carr 501 Elm Street 6. PUBLIC HEARING 7:30 P.M. Conditional Use Requested by Walter Maurer for Louis Larson 301 Pine Street 7. PUBLIC HEARING 7:40 P.M. Variance Requested by F.E.I., Inc. 5183 212th Street West 8. PUBLIC HEARING 7:50 P.M. Variance Requested by Jon Malinski for Akin Park Estates 9. PUBLIC HEARING 8:00 P.M. Conditional Use Requested by Rest Well Motel 20991 Chippendale Avenue 10. DISCUSSION Progress Report from Jack Benedict Revised Parking Lot for Benedict Plaza 11. DISCUSSION Request from Patrick Akin for Subdivision Waiver on Akin Estate 12. DISCUSSION Preliminary Draft of Zoning Ordinance Revision for Accessory Storage Buildings AGENDA REPORT PLANNING COMMISSION REGULAR SEPTEMBER 27, 1988 1. CALL TO ORDER 7:00 P.M. 2. APPROVE MINUTES AUGUST 16, AND SEPTEMBER 15, 1988 3. PUBLIC HEARING 7:00 P.M. VARIANCE FOR EVERGREEN INVESTMENTS See minutes of August 16, 1988 Item #4. The house at the patio door is 6 feet from the west property line which means that the 3 foot wide deck will be 3 feet from the west property line and over- hang the 5 foot wide utility /drainage easement by 2 feet. Towards the rear of the house, the 3 foot wide walk will encroach on the side yard by only 1 foot. Recommendation Approve a 3 foot side yard variance in the area of the house that is 6 feet from the property line since the house location on the lot was determined by the developer rather than the land owner; and the person responsible is no longer involved in housing sales. In addition, all criteria of 10 -8 -6 (C) have been met. 4. PUBLIC HEARING 7:10 P.M. CONDITIONAL USE FOR LEE ALLAN ROSE The house at 317 Main Street has been used as a two unit building without sanction by the City. THe applicant wishes to make it a legal two unit building and has said that the floor area divides roughly 60/40 between the downstairs and upstairs units respectively. This is a critical measurement since the accessory apartment section of the code places a maximum of 40% of the finished area on the accessory unit. The applicant has not submitted a floor plan, but indicates that one will be ready for this mailing. The lot, Lot 11, Block 29, measures 60 by 170 feet for a total of 10,200 square feet which brings it above the minimum lot area required for an accessory apartment. The lots on each side of Main Street in this block total 2.8 acres. Because it is in the R -2 District, this block can accommodate 15.45 units. The 125% maximum density would bring this total to 19.3 units. Currently, the block has 12 dwellings, plus 3 accessory apartments, for a total of 15 units. If the size of the apartment is actually less than 40% of the entire improved floor area, the accessory apartment may be approved. One major qualification is that a two unit building requires four off street parking spaces. The ordinance requires that all off street parking areas, and driveways to them, shall be paved. Recommendation If the building complies with the intent of the accessory apartment section of the code, approve the conditional use subject to the development of an acceptable site plan including a paved off street parking area. 5. PUBLIC HEARING 7:20 P.M. CONDITIONAL USE TIMOTHY CARR The applicant has operated a business at this location since moving to the property. The business is a custom drapery operation which requires a sign to keep the business going. "An occupation carried on in a dwelling unit which is clearly incidental and secondary to the use of the building for dwelling purposes and which does not change the character thereof." Home occupations, as defined above, are permitted conditional uses provided that they are conducted entirely by persons residing on the premises. They must be conducted within the principal or accessory structure and shall not involve structural enlargements. In addition, they shall not deal with the general retail public. To this point there appears to be no conflict with the Zoning Ordinance. However, this business now has an existing sign which measures 2 by 2.5 feet for a total of five square feet per side. The exterior display portion of this section of the code limits outdoor advertising to a one square foot non illuminated nameplate. Recommendation Approve a Conditional Use for this Home Occupation subject to replacement of the sign with a one square foot non illuminated nameplate. 6. PUBLIC HEARING 7:30 P.M. CONDITIONAL USE FOR LOUIS LARSON The requested leveling at the northwest corner of Pine and Third Streets, also known as 301 Pine Street, granted by the Planning Commission on June 21, 1988 has been accomplished. The owner now wishes to expand the building on the north side by 5,460 square feet. The proposed addition will include the same first floor elevation of 902.8. The 100 year flood is at an elevation of 899 feet at this location. Review of the site plan and a property visit in- dicates that no additional filling of the flood fringe area will occur. The major question for the applicant to answer involves outside storage. Currently, the area around the existing building and the railroad right of way and the street is filled with jeeps and other equipment. When the addition is complete, will there by any outside storage? Section 10 -6 -13 (B -3) of the City Code indicates that screening is required where any material and equip- ment is stored outside except in display yards. If the jeeps that are now stored outside are on display, they must be placed on a bituminous surface since all off street parking lots and driveways are so required by Section 10- 6- 8(A -2). Off street parking is further complicated by attempting to determine the appro- priate category of this business. Retail stores require 1 space for every 200 square feet of floor space whereas industrial and wholesaling activity requires 1 space for each employee on the maximum shift. If much or all of the business is handled by mail or UPS, there would be little need for enforcement of retail specifications. If a wholesaling or industrial category fits, the Planning Commission needs to know how many people will be employed on site. Clearly, the questions raised call for a site plan that identifies outside storage, display areas and parking areas. The site plan can only be produced once the questions have been answered. While the flood fringe area is involved in this request, no additional information will need to be provided. One side issue involves the projection to the river of an area measuring approximately 40 feet by 50 feet. The Parks and Recreation Department assumed that it had purchased the area from an earlier owner. By virtue of an inaccurate property description, this area was omitted from the sale. For all practical purposes, it cannot be used by the present owner because of the Vermillion River floodway. The Parks and Recreation Department is interested in correcting the earlier mistake so that trail systems can be developed on both sides of the river. Recommendation Either delay action until a detailed site plan can be produced addressing screening and parking or approve the conditional use subject to a plan that is acceptable to the planning staff. 7. PUBLIC HEARING 7:40 P.M. VARIANCE FOR F.E.I., INC. Side yards of 25 feet are required on all industrial lots. F.E.I., Inc. was granted a 15 foot side yard variance to build a 60 foot wide building adjacent to an existing building in September of 1986. The reason for the request was to provide 40 feet of space for equipment maneuverability between the two buildings. It was granted because of the excessive side yard on the west side, required by the City Council when the original building was constructed. F.E.I., Inc. now wishes to move the building directly to the rear maintaining the same 10 foot side yard and to build a 40 foot wide office building in its place. This eliminates one of the reasons the existing variance was granted, since the proposed 40 foot building could be built with a 25 foot side yard and maintain a 45' space between the two structures for equipment maneuverability. The building moved to the rear can also be made to conform to the setback requirements of the ordinance since there is no other building on the site. Recommendation Deny the request since there has been no evidence submitted which meets the requirements listed for a variance outlined in Section 10 -8 -6 of the City Code. If the Commission decides to rethink the side yard setbacks for industrial areas, it could forward such a recommendation to the City Council. 8. PUBLIC HEARING 7:50 P.M. VARIANCE FOR JON MALINSKI AKIN PARK ESTATES The Developer of Akin Park Estates has requested a neighborhood identification sign of 60 square feet with wings totalling 21 square feet at the right of way line of County Road 31. The actual site plan submitted with the drawing of the sign indicates that it will be placed within the right of way. Needless to say, the proposed sign will need to be located in Lot 1, Block 1 since this is the only available space adjoining the entrance to this neighborhood. The ordinance specifies (Section 4 -3 -2 (A -5)) that such signs must be limited to 50 square feet in area and observe the front yard setback requirements. In this particular situation, the sign would need to be 20 feet from 193rd Street and 50 feet from County 31. Such a location would be a substantial intrusion into Lot 1. On the other hand, wherever the sign is placed, it will intrude into useable lot space. The options here do not appear to include a variance, since there are no conditions which meet the requirements of Section 10- 8 -6(c) of the City Code. The alternative would be to amend the ordinance to allow setbacks that do not interfere with utility and drainage easements except along County Road 31. Currently, this is the practice for this type of sign in the City of Prior Lake. A variance would then be possible on the basis that sometime within the next 5 to 10 years, County 31 will shift to a new alignment. Recommendation Continue the hearing until October 18, 1988 to give the Commission time to decide upon the proper location for Neighborhood Signs. g 12. DISCUSSION PRELIMINARY DRAFT FOR ACCESSORY STORAGE BUILDING Review material from Section 10 -6 -5 of the Ordinance. Neuf qd-6-1“ Charles Tooker Planner