CITY OF WACONIA PLANNING COMMISSION AGENDA

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1 CITY OF WACONIA PLANNING COMMISSION AGENDA Regular Meeting of Thursday, October 5, 2017 Planning Commission City Hall 6:30 PM Waconia, Minnesota MEMBERS: Robert Grohmann, Steve Hebeisen, Dan Lesher John Meisch, Nathan Vilmain ALTERNATE MEMBER: J.D. Ludford CITY COUNCIL MEMBER LIAISON: Jim Sanborn STAFF: Lane Braaten, Community Development Director Brenda Stein, Recording Secretary 1. Call meeting to order and roll call 2. Adopt Agenda 3. Minutes Approval from September 07, Pages New Business A. PUBLIC HEARING Variance request by Dave Arcoren to construct a deck at a reduced setback for the property located at 802 Egret Lane. Pages Other ALDI Update Adjourn WORK SESSION: The Planning Commission will hold a work session subsequent to the regular meeting to discuss elements of the 2040 Comprehensive Plan.

2 WACONIA PLANNING COMMISSION THURSDAY October 5, 2017 Pursuant to due call and notice thereof, a regular meeting of the Waconia Planning Commission was called to order by Chairperson Hebeisen at 6:30p.m. 1. CALL MEETING TO ORDER. MEMBERS PRESENT: MEMBERS ABSENT: ALTERNATE: STAFF PRESENT: VISITORS: CITY COUNCIL LIAISON: Vilmain, Grohmann, Hebeisen, Meisch and Lesher. All present Ludford Braaten, Nelson and Wurst See attached sheet Jim Sanborn-present No changes to the agenda. 2. ADOPT AGENDA: MOTION BY MEISCH, SECOND BY GROHMANN TO ADOPT THE AGENDA AS PRESENTED. ALL PRESENT VOTED AYE. MOTION CARRIED. 3. APPROVE MINUTES: MOTION BY GROHMANN, SECOND BY VILMAIN TO APPROVE THE MINUTES FOR THE SEPTEMBER 7, 2017 PLANNING COMMISSION MEETING. ALL PRESENT VOTED AYE. MOTION CARRIED. 4. NEW BUSINESS: A. SITE PLAN AND DESIGN REVIEW: RISING STAR DANCE ACADEMY, 564 CHERRY DRIVE, SUBMITTED BY SHERBURNE CONSTRUCTION. The applicant, Sherburne Construction, submitted an application for Site Plan and Design Review for the property at 564 Cherry Drive on behalf of owner Maryann Porter. The proposal is to construct a 6,296 sq.ft. Dance Studio building. Nelson presented the location and the surrounding parcels and indicated that this parcel, if the plan were approved, would be the final pad built on within the Cherry Street Office Park. The Site Plans meets all requirements such as: -The proposed dance studio is a permitted use in the B-1 zoning district. -The setback, height and hardcover surface are all conforming to the B-1 district. -No outdoor screening necessary for this building. -The shared off street parking was approved as part of the Cherry Street Office Park. -8 trees are shown as a part of the landscaping plan. -Signage requires the approval of a sign permit from the City. -Exterior lighting meets all requirements. -No loading or delivery dock is necessary for this property -The applicant will install the final segment of sidewalk along the front façade of the building. -There is an existing shared trash enclosure. -There are no concerns with grading, drainage and utilities on this property per the City Engineer and Public Services Director. 1

3 5. OTHER: Nelson indicated that the building is set forward slightly from the previously approved buildings in the Cherry Street Office Park. Also noted, the building is slightly larger than the surrounding buildings, but meets all exterior design standards. MOTION BY MEISCH, SECOND BY GROHMANN TO APPROVE THE SITE AND DESIGN REVIEW: RISING STAR DANCE ACADEMY, 564 CHERRY DRIVE, SUBMITTED BY SHERBURNE CONSTRUCITON TO INCLUDE THE 5 CONDITIONS OFAPPROVAL LISTED BELOW. 1. The proposed improvements shall be completed as approved and as conditionally revised by the Planning Commission and the City Council. 2. All applicable permits are applied for by the applicant with all supporting documentation and issued prior to the start of construction. 3. The applicant shall provide the City with a letter of credit to guarantee the proper installation and growth of the approved landscape plan. The letter of credit shall be submitted by the developer prior to obtaining a building permit that is equal to the amount of the required landscaping to be installed. The letter of credit shall be held by the City and must cover one full calendar year subsequent to the installation of said landscaping and must be conditioned upon complete and satisfactory implementation of the approved landscape plan. 4. All indirect costs with the building permit, review, and final plans associated with engineering and administrative costs shall be paid by the applicant/owner. 5. The applicant shall contact the City Planning Department for a final site inspection when all conditions of approval regarding this application have been completed. ALL IN FAVOR VOTED AYE. MOTION CARRIED. A. STAFF UPDATES: -Council approved the variance for 1346 Creekside Drive, the Taco Bell Site Plan and the Aldi Food Market. -Council denied the Holiday Station Sign Variance and the Hilgers Tree Restitution Variance. -Council modified the IUP extension for Dean Hilgers unsurfaced parking lot located at th Street West. Council put a 60 day time limit on the extension. 52 Single family permits have been issued. School road projects will be completed soon with the start of the new school year. The extension of County Road 10 will not be open. Traffic will continue to flow on Community Drive. Braaten mentioned Nickle Dickle Day on Saturday, September 16, THERE BEING NO FURTHER BUSINESS, MOTION BY VILAMIN TO ADJOURN AT 6:45 PM, SECOND BY GROHMANN. ALL PRESENT VOTED AYE. MOTION CARRIED. WORK SESSION TO BE HELD AFTER TONIGHT PLANNING COMMISSION MEETING TO DISCUSS ELEMBENTS OF THE 2040 COMPREHENSIVE PLAN. 2

4 Respectfully submitted, Brenda Wurst Recording Secretary 3

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6 REQUEST FOR PLANNING COMMISSION ACTION Meeting Date: October 5 th, 2017 Item Name: Public Hearing Variance Request by David Arcoren to Construct a Deck at Reduced Setbacks for the property located at 802 Egret Lane Originating Department: Community Development Presented by: Lane L Braaten, Community Development Director Previous Council Action (if any): Item Type (X only one): Consent Regular Session X Discussion Session RECOMMENDATIONS/COUNCIL ACTION/MOTION REQUESTED (Include motion in proper format.) Open Public Hearing Motion to close the Public Hearing Motion recommending either approval or denial of the Variance request by Davis Arcoren to construct a new deck at reduced setback of 17 ft. 6 inches to the rear lot line vs. the 30 ft. minimum rear yard setback stated in the R-1, Single-Family Residential District for the property located at 802 Egret Lane. EXPLANATION OF AGENDA ITEM (Include a description of background, benefits, and recommendations.) BACKGROUND: Applicant: Davis Arcoren Owner: Davis and Jilayna Arcoren Address: 802 Egret Lane, Waconia MN PID# Legal Description: Lot 25, Block 5, Legacy Village at Waconia Zoning: R-1, Single-Family Residential District REQUEST: The City has received a Variance application from Mr. Davis Arcoren (the Applicant ) to construct a new deck for the existing home on the property located at 802 Egret Lane. The variance is necessary as the applicant is proposing a setback of 17.5 ft. from the rear lot line, versus the 30 ft. required in the R-1 Single Family Residential District. APPLICABLE ORDINANCE PROVISIONS: 1. Section District Regulations, Subd. 2.B R-1, Single-Family Residential District 2. Section Administration, Enforcement and Procedures, Subd. 4 - Variances VARIANCE REVIEW CRITERIA: Waconia City Code Section , Subd. 4 and Minnesota State Statute , Subd. 6 establishes criteria to be considered when contemplating the issuance of a variance in terms of practical difficulty as follows: Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance and when the terms of the variance are consistent with the comprehensive plan. So a city evaluating a variance application should make findings as to: 1. Is the variance in harmony with the purposes and intent of the ordinance? 2. Is the variance consistent with the comprehensive plan? 3. Does the proposal put property to use in a reasonable manner? 4. Are there unique circumstances to the property not created by the landowner? 5. Will the variance, if granted, alter the essential character of the locality? 5

7 State statute specifically notes that economic considerations alone cannot create practical difficulties. Whereas, practical difficulties exist only when the three statutory factors are met (1. reasonableness, 2. uniqueness, and 3. essential character). VARIANCE ANANLYSIS & PLANNING CONSIDERATIONS: The applicant is proposing the construction of a new 18 ft. x 14 ft. deck on the property located at 802 Egret Lane. Table 1.1 below indicates the required, existing, and proposed setback requirements for the property as indicated in the R-1, Single-Family Residential District. The analysis of this variance submittal is based on the existing and proposed variance survey provided with the application as well as the building plans that were submitted. Table 1.1 Lot Requirements Existing Conditions Proposed Conditions R-1 Front Yard Setback 25 ft. min ft ft. Side Yard Setback 10 ft. min ft ft. Side Street Setback 25 ft. min ft ft. Rear Yard Setback 30 ft. min 30.6 ft ft. 1. The existing home on the parcel meets all minimum setback requirements for the R-1, Single-Family Residential District. 2. It can be reasonably determined, based on the floor plan, sliding glass door, and consistency with the neighborhood, that a deck on the rear side of the home was intentioned subsequent to home construction. 3. The rear lot line, due to the platting of Outlot M for location of an area identification sign (neighborhood sign), is irregular in nature and causes any expansion to the rear side of the home to require a variance as the existing home was constructed 30.6 feet from the rear lot line. 4. The deck, proposed to extend 14 ft. from the rear side of the existing home and 18 feet in width, is relatively consistent in size with other single-family residential properties within the Legacy Village development. 5. The parcel is located on the northeast corner of the intersection of Vista Boulevard and Main Street East, or Carver County State Aid Highway No. 30 as shown on the Legacy Village at Waconia plat document (Attachment #2). PUBLIC NOTICE/COMMENT: The notice was published in the WACONIA PATRIOT on September 21 st, 2017 and posted at Waconia City Hall. Individual notices were mailed to property owners within 350 feet of the subject parcel. As of the time and date of this report staff has not received any comments regarding this application. RECOMMENDATION: The Planning Commission should hold the required public hearing, review the variance request submitted by Mr. Arcoren based on the Variance Criteria stated above and make a recommendation to the City Council. Upon a formal recommendation by the Planning Commission this application will be forwarded to the City Council for review at their upcoming meeting on October 16 th, If the Planning Commission chooses to recommend approval of the setback variance submitted by Mr. Arcoren, staff would recommend the approval upon the following conditions: 1) The deck be constructed as proposed and as conditionally revised by the Planning Commission and City Council. 2) All applicable permits are applied for by the applicant with all supporting documentation and issued prior to the start of construction. 3) The building plans shall be reviewed by City staff prior to building permit issuance to insure compliance with all other applicable City Code requirements and the new deck shall not extend outside the approved building envelope. 6

8 ATTACHMENTS: 1. Location Map (1 page) 2. Legacy Village Plat Map (1 page) 3. Site Plan (1 page) 4. Variance Statement (1 page) 5. Public Hearing Notice (1 page) 7

9 8 LOCATION MAP 802 EGRET LANE

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13 CITY OF WACONIA, MN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Waconia, MN, will hold a public hearing on October 5 th, 2017 at 6:30 p.m., at the Waconia City Hall, 201 South Vine Street, Waconia, MN, to consider a variance to exceed the minimum principal structure setback for the properties legally described as follows: Lot 25, Block 5, LEGACY VILLAGE AT WACONIA, according to the recorded plat thereof, and situated in Carver County, Minnesota. The applicant, Davis Arcoren, is requesting approval of a variance to construct a new deck for the existing home at a setback of 17.5 feet from the rear lot line versus the 30 foot minimum setback required in the R-1, Single Family District. Pertinent information pertaining to this request is available at the City Hall. Interested persons may submit written or oral comments pertaining to this matter any time prior to the hearing, or at the hearing on Thursday, October 5 th, Written comments will be distributed to the Planning Commission for review and consideration. Please submit written comments by mail, or in person as follows: Mail/in person: Lane Braaten, 201 South Vine Street, Waconia, MN lbraaten@waconia.org By: WACONIA PLANNING COMMISSION ATTEST: Lane Braaten, Community Development Director (Published in the September 21 st, 2017 Waconia Patriot newspaper) 12