HomeMy WebLinkAbout97-115 Variance
~~
Planning Case File No. 91.-- /I.~
Property Identification No.
City of Prior Lake
LAND USE APPLICATION
16200 Eagle Creek Avenue S.E. / Prior Lake, Minnesota 55372-1714 / Phone (612) 447-4230, Fax (612) 447-4245
Type of Application: Brief description of proposed project (attach additional
o Rezoning, from (present zonin~) sheets/narrative if desired)
to (proposed zonin~)
o Amendment to City Code, Compo Plan or City Ordinance S' j; &. ~ ~
o Subdivision of Land
o Administrative Subdivision
o Conditional Use Permit
~ Variance Applicable Ordinance Section(s):
o Other:
Applicant(s): ~.hl\c",cS'+- b\e*"LS -r-..ac..
Address: \....1 1.2 Lou~s IAIoJA. ~.
Home Phone: t.( 1 Y 4" - "~'2. '"f
4&q&. - ?G- t. ~
Work Phone: ill z. - ... ·
Property Owner(s) [If different from Applicants]:
Address: \4 Z,4 Wll.~.s ~'i"", NW I" Ie 4... LA~
Home Phone: ~/'I.>- 7Se3 Work Phone: L("~ - ZZ.SS
Type of Ownership: Fee ~ Contract for Deed _ Purchase Agreement
"''''c..
/...ruA "e
Legal Description of Property (Attach a copy if there is not enough space on this sheet):
ledg he information provided in this application and other material submitted is correct. In
e re the eva t sections of the Prior Lake Ordinance and procedural guidelines, and understand that
iI ot be c e f deemed complete by the Planning Director or assignee.
II"" r;r--97
Date
Fee Owner's Signature
//-a-n
Date
THIS SPACE TO BE FILLED IN BY THE PLANNING DIRECTOR OR DESIGNEE
PLANNING COMMISSION
CITY COUNCIL
APPROVED
APPROVED
DENIED
DENIED
DATE OF HEARING
DATE OF HEARING
CONDITIONS:
Signature of Planning Director or Designee
lu-app2.doc
Date
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RECEIPT # 31443
DATE: oj 1')19;
J ' ..
CITY OF PRIOR LAKE
16200 EAGLE CREEK AVE SE
PRIOR LAKE, MN 55372
Received of
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---------
---------- dollars
$
I S- 000
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/ /,F i" J ,(77/7"", A )
,_~'/.A / ... d /' ;J ~ \...-/
L-fjReceipt Clerk for the City of Prior Lake
v
BUILDING PERMIT #
BUILDING PERMIT #
Building Permit Fee
Plan Check Fee
State Surcharge
Plmb Pmt pp#
Mech Pmt mc#
(Heating only - $65.00)
(Htg & Air - $100.00)
(Fireplace - $40.00)
(Air - $40.00)
Swr/Wtr Pmt sw #
Other
1,200.00
700.00
1,500.00
Building Permit Fee
Plan Check Fee
State Surcharge
Park Support Fee
SAC
Plmb Pmt pp#
Mech Pmt mc#
Mech Pmt mc#
Swr/Wtr Pmt sw#
Pressure Reducer
Water Meter
Tree Preservation Deposit
Swr/Wtr Connection Fee
Water Tower Fee
Builder's Deposit
.other
Total
Total
RESOLUTION 97-20PC
A RESOLUTION DENYING A 42 FOOT VARIANCE FROM THE LOCATION OF
THE TOP OF BLUFF SETBACK TO ALLOW A STRUCTURE TO BE CONSTRUCTED
WITmN THE BLUFF AND BLUFF IMPACT ZONE RATHER THAN THE REQUIRED
SETBACK OF 30 FEET FROM THE TOP OF BLUFF AND OUT OF THE BLUFF
IMPACT ZONE PER CITY CODE SECTION 5-8-3 FOR A PROPOSED
SINGLE FAMILY DWELLING
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Hillcrest Homes Inc.. has applied for a variance from Section 9.3A of the Zoning
Ordinance in order to construct a single family dwelling with attached garage and
deck (Exhibit A) on property located in the R-I (Suburban Residential) District and
the SD (Shoreland Overlay) District at the following location, to wit;
16091 Northwood Road, legally described as Lot 92, Northwood, Scott County,
MN
1. The Board of Adjustment has reviewed the application for variance as contained in
Case #97-115 and held hearings thereon on November 24, 1997.
2. The Board of Adjustment has considered the effect of the proposed variance 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 variance on the
Comprehensive Plan.
Because of conditions on the subject property and on the surrounding property, it is
possible to use the subject property in such a way that meets the requirements of the
Zoning Ordinance and Comprehensive Plan.
3. There are no unique conditions applying to the subject property. A legal building
envelope of approximately 10,330 sq. feet exists allowing for structural alternatives
without variances.
4. The granting of the variance is not necessary for the preservation and enjoyment of a
substantial property right of the applicant. The variance will serve merely as a
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
convenience to the applicants and is not necessary to alleviate demonstrable hardship
as legal alternatives exist.
5. The contents of Planning Case 97-115 are hereby entered into and made a part of the
public record and the record of decision for this case.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby denies the
following variance for the proposed single family dwelling with garage as shown in the
attached Exhibit A;
1. A 42 foot variance from the location ofthe top of bluff setback permitting a 0
foot setback from the top of bluff and bluff impact zone instead of the required
30 foot top of bluff setback and 20 foot bluff impact zone.
Adopted by the Board of Adjustment on November 24, 1997.
~
Anthony Stamson, Chair
1:\97var\97 -115va\re9720PC.doc
2
EXHIBIT A
PROPOSED HOUSE, LOCATION AND BLUFF
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MOTION BY CRIEGO, SECOND BY CRAMER, TO ALLOW BUILDINGS
ELEVATED TO THE 100 YEAR FLOOD PLAIN ELEVATION AND BUILT
BEFORE 1978, IN ADDITION TO THOSE BUILT BETWEEN 1990 AND 1997, TO
BE CONSIDERED CONFORMING USES.
The rationale is if you have any structure built any time as long as it is built to the 100
year flood elevation that it can be a conforming structure.
Vote taken signified ayes by all. MOTION CARRIED.
MOTION BY CRAMER, SECOND BY VONHOF, THAT SUBSTANDARD
RIPARIAN LOTS GARAGES ARE AN ACCEPTABLE ACCESSORY BUILDING
WHICH MEETS ALL SETBACKS OF.
Cramer withdrew the motion for further discussion.
Discussion:
. Creigo - discuss the deck issue and common ownership. Would like to see past
verbiage.
. Kuykendall- move on and discuss later.
MOTION BY KUYKENDALL, SECOND BY CRAMER, TO CONTINUE THE
DISCUSSION TO THE DECEMBER 8, 1997, MEETING TO DISCUSS COMMON
OWNERSHIP AND GARAGES ON RIPARIAN LOTS.
Vote taken signified ayes by all. MOTION CARRIED.
5. Old Business:
6. New Business:
Commissioner V onhof left the meeting at 10:45 p.m.
.~
A. Case #97-109 Hillcrest Homes requesting a 42 foot variance from the location
of the top of bluff setback to allow a structure to be constructed within the bluff and
bluff impact zone for the property located at 16091 Northwood Road.
Planner Jenni Tovar presented the staffreport.
The Planning Department received a variance application from Hillcrest Homes who is
proposing to construct a new single family residence with attached garage. An existing
house will be removed to accommodate the proposed structure. The lot is located in the
Northwood subdivision on Prior Lake.
The applicant is proposing to build a house in the bluff and bluff impact zone as defined
by the current zoning ordinance. Considering the proposed ordinance has yet to be
L:\97FILES\97PLCOMM\PCMIN\MNl12497.DOC
9
adopted, this report and recommendation reflect the existing ordinance. The applicant is
requesting a 42 foot variance from the location of the top of bluff setback to allow a
structure to be constructed within the bluff and bluff impact zone rather than the required
30 foot setback from the top of bluff and out ofthe bluff impact area as per City Code
Section 5-8-3.
Generally, the ordinance prohibits the placement of fill and excavation materials in the
bluff impact areas. A variance to the bluff impact zone and top of bluff setback would
allow the applicant to excavate and fill within the bluff and impact area as indicated on
the survey. Ifa variance to the bluff impact zone or setback to the top of the bluff are
granted, then the resolution should specify that storm water be diverted from the roof
away from the blufftowards the front ofthe house. This could be achieved with gutters
and! or grading.
Furthermore, the excavating ofthe bluff does not meet the intent ofthe Shoreland District
in the preservation ofthe natural features of Prior Lake. Pat Lynch, of the DNR, has
verbally recommended that no variance to top of bluff or bluff impact zone be granted.
He is of the opinion that there exists a legal building envelope to accommodate the
proposed house and the ordinance as it exists today is what we must adhere to.
At the November 10, 1997 Planning Commission meeting, staffwas directed to work
with Mr. Deanovic of Hillcrest Homes and Mr. Albers of Edina Realty to draft revised
bluff definitions and setbacks to be clarified and specific so as to be easily interpreted and
understood. This has been done and a copy of the proposed language is attached. The
revised language is to be considered as part of the Zoning Ordinance amendment and
public hearing the same day as this hearing. The applicant feels that the proposed
ordinance meets the goal as directed by the Planning Commission. Rather than wait for
the proposed amendment to be approved and adopted by the City Council, the applicant is
applying for this variance to expedite his project schedule.
Staff recommends denial of the variance to top of bluff and bluff impact zone.
Comments from the public:
Chris Deanovic, Hillcrest Homes, said he was waiting to see if the commission came up
with a new bluff criteria and that time was an issue. Deanovic distributed a document
showing where the project would sit between the neighboring homes. He is proposing to
remove the existing house.
Win Simonson, 16087 Northwood Road, attended the last meeting with Hillcrest Homes
and stated their proposal is blocking his view ofthe lake. The existing home is a small
home where they can see over it. The other neighboring homes are in line with each
other. He asked the Commissioners to grant the variance with limits. He built his house
in 1973 granted by the County Commissioners, who at the time restricted his home width
to 25 feet. It is a narrow home.
L:\97FILES\97PLCOMM\PCMIN\MNl12497.DOC
10
Jim Albers, pointed out the neighbor's house and their proposal. He feels they are
following the shoreline.
Win Simonson, questioned Albers distance and contour of the lake and corrected the
lakeshore. Simonson went on to explain the neighbor's home is flush with his. The cliff
varies in elevation. His neighbors cliffs have fallen into the lake creating different
elevations. He feels the proposal should be granted by keeping the structure flush with
his.
Comments from the Commissioners:
Stamson:
. The hardship criteria have not been met.
. There is some belief an ordinance mayor may not be changed.
. Cannot support request.
Criego:
. Ifthe issue was strictly one of when the new ordinance would be passed, but having a
hard time seeing this when the neighbors are being blocked off.
. This was obvious to the developers when they bought the property. (Albers stated a
permit issued on Red Oaks that does not meet the setback requirements.)
. If mistakes are made in the past the City should not continue to make them.
. Build and blend in with the neighborhood. Albers said his structure follows the
contour of the lakeshore. His interpretation was different from Planning. He accepts
there is a certain amount of blockage.
Win Simonson, showed an illustrated map of the location indicating the straight
shoreline, not slanted as Albers pointed out.
Cramer:
. This has not changed from the last time. Working with the current ordinance, the
applicant does not show any of the hardship criteria.
. Time is not a hardship criteria.
. Does not support.
Kuykendall:
. Deny request for the same reasons.
. Strongly supports changing the ordinance.
. The property was there for neighbors to buy.
MOTION BY STAMSON, SECOND BY CRAMER, TO ADOPT RESOLUTION 97-
20PC DENYING A 42 FOOT VARIANCE FROM THE LOCATION OF THE TOP OF
BLUFF SETBACK TO ALLOW A STRUCTURE TO BE CONSTRUCTED WITHIN
THE BLUFF AND BLUFF IMPACT ZONE RATHER THAN THE REQUIRED
SETBACK OF 30 FEET FROM THE TOP OF BLUFF AND OUT OF THE BLUFF
L:\97FILES\97PLCOMM\PCMIN\MNl12497.DOC
11
IMPACT ZONE PER CITY CODE SECTION 5-8-3 FOR A PROPOSED SINGLE
FAMILY DWELLING.
Discussion:
. Kuykendall - I think there should be a friendly amendment to the effect the
Commissioners recognize there are changes being proposed. The Commissioners
fully support recommendations made tonight.
. Criego - Does not disagree with what was called out in the ordinance. Highly
recommend the developer who will not be living here but to work with the neighbors.
Vote taken signified ayes by all. MOTION CARRIED.
Chris Deanovic questioned the common ownership issue not being addressed in the new
zoning. Would like to see the verbiage before the hearing.
7. Announcements and Correspondence:
8. Adjournment:
The meeting was adjourned at 11 :24 p.m.
Donald Rye
Director of Planning
Connie Carlson
Recording Secretary
L:\97FILES\97PLCOMM\PCMIN\MNl12497.DOC
12
AGENDA ITEM:
SUBJECT:
SITE:
PRESENTER:
REVIEWED BY:
PUBLIC HEARING:
DATE:
INTRODUCTION:
PLANNING REPORT
6A
CONSIDER A TOP OF BLUFF SETBACK VARIANCE,
AND A BLUFF IMPACT ZONE SETBACK VARIANCE
FOR HILLCREST HOMES, Case File #97-115
16091 NORTHWOOD ROAD
JENNITOVAR,PLANNER
JANE KANSIER, PLANNING COORDINATOR
YES l NO
NOVEMBER 24, 1997
The Planning Department received a variance application from Hillcrest Homes
who is proposing to construct a new single family residence with attached garage
(Exhibit A). An existing house will be removed to accommodate the proposed
structure. The lot is located in the Northwood subdivision on Prior Lake.
The applicant is proposing to build a house in the bluff and bluff impact zone as
defined the current zoning ordinance (Exhibit B). Exhibit A indicates the
proposed house with respect to the existing bluff ordinance and a recently
drafted, yet to be adopted, bluff ordinance. Considering that the proposed
ordinance has yet to be adopted, this report and recommendation reflect the
existing ordinance. The applicant is requesting a 42 foot variance from the
location of the top of bluff setback to allow a structure to be constructed within
the bluff and bluff impact zone rather than the required 30 foot setback from the
top of bluff and out of the bluff impact area as per City Code Section 5-8-3.
DISCUSSION:
Lot 92, Northwood was platted in 1911. The property is located within the R-1
(Suburban Residential) and the SO (Shoreland Overlay) district. The applicant
does not own either of the adjacent parcels. Lot attributes are as follows:
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Size
Requirement to
be Buildable
(as a substandard lot)
7,500 sq. feet
50.00 feet
N/A
Area
(above 904 el)
Lot Width
(measured at setback)
OHW Width
23,035 sq. feet
49.72 feet
51.82 feet
(approx.)
The legal building envelope is approximately 35 feet wide and 295.15 feet deep,
resulting in an area footprint of approximately 10,330 sq. feet (Exhibit C). A
variance to lot width was granted on November 10,1997.
Proposed Setback Setback Variance
Requirement Requested
(as a substandard lot)
Front Yard 25 feet 25 feet None
Side Yards 5 feet (on east side) 5 feet (one side) None
10 feet (on west side) 10 feet (other sides)
OHW Setback 88 feet 50 feet None
Top of Bluff o feet 30 feet 30 feet
Bluff Impact o feet from top of 20 feet from top of 20 feet
Zone (20 feet bluff bluff
from top of bluff)
Generally, the ordinance prohibits the placement of fill and excavation materials
in the bluff impact areas. A variance to the bluff impact zone and top of bluff
setback would allow the applicant to excavate and fill within the bluff and impact
area as indicated on the survey. If a variance to the bluff impact zone or setback
to the top of the bluff are granted, then the resolution should specify that storm
water be diverted from the roof away from the bluff towards the front of the
house. This could be achieved with gutters and/or grading.
Furthermore, the excavating of the bluff does not meet the intent of the
Shoreland District in the preservation of the natural features of Prior Lake. Pat
Lynch, of the DNR, has verbally recommended that no variance to top of bluff or
bluff impact zone be granted. He is of the opinion that there exists a legal
building envelope to accommodate the proposed house and the ordinance as it
exists today is what we must adhere to.
At the November 10, 1997 Planning Commission meeting, staff was directed to
work with Mr. Deanovich of Hillcrest Homes and Mr. Albers of Edina Realty to
draft revised bluff definitions and setbacks to be clarified and specific so as to be
easily interpreted and understood. This has been done and a copy of the
proposed language is attached. The revised language is to be considered as
part of the Zoning Ordinance amendment and public hearing the same day as
L:\97FILES\97VAR\97-115\97-115PC.DOC
Page 2
this hearing. The applicant feels that the proposed ordinance meets the goal as
directed by the Planning Commission. Rather than wait for the proposed
amendment to be approved and adopted by the City Council, the applicant is
applying for this variance to expedite his project schedule.
VARIANCE HARDSHIP STANDARDS
1. Literal enforcement of the Ordinance would result in undue hardship
with respect to the property.
This criteria goes to whether reasonable use can be made of the property if
the Ordinance is literally enforced. In this case, there is a legal alternative for
the applicant, and that is to build the proposed structure to meet the setbacks
as not to encroach upon the required setbacks. The 10,330 square foot
building envelope can accommodate alternative layouts.
2. Such unnecessary hardship results because of circumstances unique
to the property.
The unique circumstances are the bluff and substandard lot. Considering
that those are existing conditions created in 1911, they cannot be altered to
meet the ordinance requirements. However, with respect to the setback
variances, the applicant can build the proposed house within the legal
building envelope to meet the required setbacks.
3. The hardship is caused by provisions of the Ordinance and is not the
result of actions of persons presently having an interest in the property.
The lot is considered to be substandard. The lot area is 23,035 sq. feet and
the lot width is 49.72 at the required front setback. A variance was granted
on November 10, 1997 to allow a lot width of less than 50 feet. However, the
size of the lot and legal building envelope, under the current ordinance, do
not cause hardship with respect to the property. The applicant has control
over the proposed structure of which their size and location are not
hardships.
4. The variance observes the spirit and intent of this Ordinance, produces
substantial justice and is not contrary to the public interest.
The intent of the bluff setback and bluff impact zone is to protect the existing
topographical features within the shoreland area. The bluff and bluff impact
zone, as the current ordinance is literally written and interpreted, will be
compromised if the variance is granted. However, on a larger scale, the
definitions of bluff and top of bluff are currently under review to be more
accommodating and meet the intent of the bluff and bluff impact areas. To
L:\97FILES\97VAR\97-115\97-115PC.DOC
Page 3
grant a variance based on a proposed ordinance is contrary to the public
interest. If the new language is not adopted, and a variance is granted, the
public interest and justice could be compromised.
RECOMMENDATION:
Staff has concluded there do exist legal alternatives for which the applicant could
build the proposed structure and meet the setbacks as set out in the current
ordinance. The hardship criteria is specific to the property and cannot be
financial. The applicant has not proven a hardship relating to the property. The
proposed dwelling can be built in the legal building envelope as a viable
alternative to the granting of setback variances.
If variances to the Bluff Setback are granted, the Resolution should include
specifications that storm water be diverted from the roof of the structure away
from the bluff as to reduce erosion of the bluff.
ALTERNATIVES:
1. Approve the variances requested by the applicant, or approve any variances
the Planning Commission deems appropriate in the circumstances.
2. Table or continue discussion of the item for specific purpose.
3. Deny the application because the Planning Commission finds a lack of
demonstrated hardship under the zoning code criteria.
ACTION REQUIRED:
Staff recommends denial of the variance to top of bluff and bluff impact zone.
The attached Resolution 97 -20PC is consistent with this recommendation. If the
Commission agrees with this recommendation, a motion and second to adopt
Resolution 97-20PC is needed. If the Commission feels the variance is
appropriate, you should direct the staff to prepare a resolution approving the
variances with findings for Commission approval at the next meeting.
L:\97FILES\97VAR\97-115\97-115PC.DOC
Page 4
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RESOLUTION 97-20PC
A RESOLUTION DENYING A 42 FOOT VARIANCE FROM THE LOCATION OF
THE TOP OF BLUFF SETBACK TO ALLOW A STRUCTURE TO BE CONSTRUCTED
WITHIN THE BLUFF AND BLUFF IMPACT ZONE RATHER THAN THE REQUIRED
SETBACK OF 30 FEET FROM THE TOP OF BLUFF AND OUT OF THE BLUFF
IMPACT ZONE PER CITY CODE SECTION 5-8-3 FOR A PROPOSED
SINGLE FAMILY DWELLING
BE IT RESOL YED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Hillcrest Homes Inc.. has applied for a variance from Section 9.3A of the Zoning
Ordinance in order to construct a single family dwelling with attached garage and
deck (Exhibit A) on property located in the R-1 (Suburban Residential) District and
the SD (Shoreland Overlay) District at the following location, to wit;
16091 Northwood Road, legally described as Lot 92, Northwood, Scott County,
MN
1. The Board of Adjustment has reviewed the application for variance as contained in
Case #97-115 and held hearings thereon on November 24, 1997.
2. The Board of Adjustment has considered the effect of the proposed variance 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 variance on the
Comprehensive Plan.
Because of conditions on the subject property and on the 'Surrounding property, it is
possible to use the subject property in such a way that meets the requirements of the
Zoning Ordinance and Comprehensive Plan.
3. There are no unique conditions applying to the subject property. A legal building
envelope of approximately 10,330 sq. feet exists allowing for structural alternatives
without variances.
4. The granting of the variance is not necessary for the preservation and enjoyment of a
substantial property right of the applicant. The variance will serve merely as a
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
......_~~""~~"'-~,'~
convenience to the applicants and is not necessary to alleviate demonstrable hardship
as legal alternatives exist.
5. The contents of Planning Case 97-115 are hereby entered into and made a part of the
public record and the record of decision for this case.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby denies the
following variance for the proposed single family dwelling with garage as shown in the
attached Exhibit A;
1. A 42 foot variance from the location of the top of bluff setback permitting a 0
foot setback from the top of bluff and bluff impact zone instead of the required
30 foot top of bluff setback and 20 foot bluff impact zone.
Adopted by the Board of Adjustment on November 24, 1997.
Anthony Stamson, Chair
ATTEST:
Donald R. Rye, Planning Director
1:\97var\97-115va\re9720PC.doc
2
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EXHIBIT A
PROPOSED HOUSE. LOCATION AND BLUFF
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BLUFF:
BLUFF IMPACT ZONE:
TOE OF THE BLUFF:
TOP OF THE BLUFF:
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EXHIBIT B
DEFINITIONS
5-1- 7
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A topographic feature such as a hill, cliff, or
embankment having the following character-
istics (an area with an average slope of less
than 18 percent over a distance for 50 feet or
more shall not be considered part of the bluff):
.--
(A) Part or all of the feature is located in a
shoreland area;
(B) The slope rises at least twenty five feet (25')
above the ordinary high-water level of the
waterbody;
(C) The grade of the slope from the toe of the
bluff to a point twenty five feet (25') or more
above the ordinary high-water level averages
thirty percent (30%) or greater; and
(D) The slope must drain toward the waterbody.
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A bluff and land located within twenty feet (20')
from the top of a bluff.
The lower point of a fifty foot (50') segment with
an average slope exceeding eighteen percent
(18%).
The higher point of a fifty foot (50') segment
with an average slope exceeding eighteen
percent (18%).
-_/
City of Prior Lake
EXHIBIT C
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LEGAL BUILDING ENVELOPE
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SENT BY: DNR METRO;
11 - 24 - 97 11: 57;
6127727573 =>
6124474245;
#1/2
FILE COpy
MinneSOLa Departlllcnt of Natural Resources
Metro Waters - 1200 Warner Road, St. Paul, MN 55106-6793
Telephone: (612) 772-7910 Fax: (6]2) 772-7977
November 24, 1997
Ms. Jcnni Tovar, Planner
City of Prior Lake
16200 Eagle Creek Avenue S.E.
Prior Lake. Minnesota 55372-1714
R.E: BLUFF SETBACK VARIANCE REQUEST, LOT 92 NORTHWOOD. HILLCREST HOMES
Dear Ms. Tovar:
T have reviewed the ma1crials you submitted relative to the bluff setback. variZlllCC requesLed by Hillcrest Homes on Lot
92, Northwcxxllocau:d at 16091 Northwood Road on Prior Lake. The applicant has met ZIt my office ellI'lier 10 discuss
this development proposal. Based upon my review of the site plan. it appears the proposed.loc::ation of the home on
!he lot would not require a varillDCC ifthc City Council approves the revised top orblufI dcfinilicm as suwslcd in your
November 18, 1997 memo to the Planning Commission. I sent you a sepllrate letter responding to those proposed
wncndn'acnts. OperaUng \JiI1dao the Q'UtJ\'lnt Imguage in your ordinan", the proposed home would be located within the
existing bluff and bhlfl'impacl zone. In reviewing the survey, 1here can be JiuJe argument thauedevelopmcnt of the
site could be accomplish.ed while meeting all perfonnancc standards for setbacks from the road. sidcyard.lake. end
bluff. Thus. with an available building envelope meeting all setbacks. one would be hard pressed to demonstrat.e
hardship in this case. However, it would be premature to assume the cily council will adopt the proposocl definition
changes far top of bluff and bluff Sl:lback, which would allow the construction of the home on Lot 92 withuut variance.
The DNR docs not have partiCWIl' l;1Oncem about the proposed. varilU1CC request., in that the location of the proposed
house meets the ~wsite (string leSt) test for sl.rucU.lre$ on either side. and docs nol appear to jeopardize the integrity
of the bluff. It represents an improvement over the existing struct\lre which is wholly within the bluff as per current
bluff'definition. However, given there arc alternate building locations available without need for variance, and given
I cannot ~edge hardship. T would rec;ommcnd the applicanl wait for the outcome of Council aClion on the bluff
dcfmitions. It would be preferable if the site (;ould be develOped without the need for a variance.
If you have any questions, please call me at 172-7910.
Sincerely
~A~l 1^ l)V/V"
Patrick J. v JV~tm
Area Hydrologist
DNR IllrllJlll~lliOll: t1l2-.).'.)~ (11:\7. I l'()().7(,()-6(J(J() .ITY: (112 2t.16-54~4. I-HOD (,<,: :\(.I:!'.I
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HILLCREST HOMES, INC.
16714 Jaguar Ave., Lakeville, Minnesota 55044
(612) 898-7663 Office (612) 898-3364 Fax
.~ Builder Driven By Quality Craftsmanship and Value."
November 13, 1997
Jennifer Tovar
Planner
Dept. of Planning and Zoning
City of Prior Lake
16200 Eagle Creek Avenue
Prior Lake, MN 55372
The last planning commission meeting we attending, it was quite evident by all
attendance that the current definition and determination of a bluff and top ofbl
confusing, cumbersome and difficult to apply. Since that meeting we have met
planning department, to help adopt revised definition( s) that will be more ''user
to both staJ:I: DNR and builders while still maintaining the original intent of the
my understanding that this revised code will be proposed for adoption in the new plmtlJing
and zoning changes that are currently in process.
Dear Jennifer:
Hillcrest Homes, Inc. wishes to apply for a variance for 16091 Northwood Road.
seeking a setback variance of 42 feet from the current definition for bluff setback.
Therefore we are asking for a variance of 42 feet from the bluff setback. The variance
setback that we seek, would be the setback derived from using the proposed new zoning
definitions. However, we do not have the time to wait until the new zoning is
implemented, thus we are requesting a variance.
Builder License # 20036544 · Member of the Builders Association of the Twin Cities
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NOTICE OF HEARING TO CONSIDER THE FOLLOWING VARIANCES:
A 42 FOOT VARIANCE FROM THE LOCA TION OF THE TOP OF BLUFF
SETBACK TO ALLOW A STRUCTURE TO BE CONSTRUCTED WITHIN THE
BLUFF AND BLUFF IMPACT ZONE RA THER THAN THE REQUIRED
SETBACK OF 30 FEET FROM THE TOP OF BLUFF AND OUT OF THE
BLUFF IMPACT ZONE PER CITY CODE SECTION 5-8-3.
FOR THE CONSTRUCTION OF A NEW SINGLE FAMILY DWELLING ON PROPERTY
LOCATED IN THE R-1 (URBAN RESIDENTIAL) DISTRICT AND THE SD
(SHORELINE OVERLAY) DISTRICT IDENTIFIED AS 16091 NORTHWOOD ROAD.
You are hereby notified that the Prior Lake Planning Commission will hold a hearing at
Prior Lake Fire Station #1, located at 16776 Fish Point Road SE (Southwest of the
intersection of C.R. 21 and Fish Point Road), on: Monday, November 24, 1997, at
6:30 p.m. or as soon thereafter as possible.
APPLICANTS:
Hillcrest Homes
14122 Louisiana Avenue
Savage, MN 55378
PROPERTY
OWNERS:
Paul and Jeanne Lemke
14624 Wilds Parkway
Prior Lake, MN 55372
SUBJECT SITE:
16091 Northwood Road, legally described as Lot 92 Northwood,
Scott County, MN.
REQUEST:
The applicant is intending to remove an existing cabin and is
proposing to construct a new single family dwelling on an existing
lot that is 49.72 feet wide at the front yard setback rather than the
required 50 feet. A .28 foot variance was granted by the Planning
Commission on November 10,1997, to allow the construction of a
single family dwelling on the lot.
This variance request is specific to the location of the proposed
house in relation to the bluff. Section 5-8-3 of the City Code
specifies a 30 foot setback from the top of bluff. The applicant is
proposing to build a house with no setback to top of bluff and
located 12 feet into the bluff. The basis of their request, is a
revised definition of top of bluff and bluff setback as directed from
the Planning Commission on November 10, 1997 to be completed
by the planning staff and brought back to the Planning
16200 E~gJ~r\C!r-~~~v$.~~~~If:~<ffrior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 4Lb-4245
AN EQUAL OPPORTUNITY EMPLOYER
Commission for discussion as part of the revision to the Zoning
Ordinance to be heard on November 24, 1997.
The Planning Commission will review the proposed construction and requested variance
against the following criteria found in the Zoning Ordinance.
1. Literal enforcement of the Ordinance would result in undue hardship with
respect to the property.
2. Such unnecessary hardship results because of circumstances unique to the
property.
3. The hardship is caused by provisions of the Ordinance and is not the result of
actions of persons presently having an interest in the property.
4. The variance observes the spirit and intent of this Ordinance, produces
substantial justice and is not contrary to the public interest.
If you are interested in this issue, you should attend the hearing. Questions related to
this hearing should be directed to the Prior Lake Planning Department by calling 447-
4230 between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. The
Planning Commission will accept oral and/or written comments. Oral or written
comments should relate to how the proposed construction and requested variances are
or are not consistent with the above-listed criteria.
Prior lake Planning Commission
Date Mailed: November 14,1997
97var\97-115va\97115pn.doc
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FILE COpy
January 13, 1998
Chris Deanovic
14122 Louisiana Avenue
Savage, MN 55378
RE: Copy of Resolution Denying Requested Variance to Top of Bluff
Dear Chris:
Enclosed is a copy of Resolution 97 -20PC denying your variance request to top
of bluff at 16091 Northwood Road. This item was not appealed by you to the
City Council and is therefore closed.
If you have any questions about this matter, please contact me at 447-4230.
Sincerely,
,.....\
l. )e1~
J~nifer Tovar
Planner
dMPV1
1:\97fil~s\97var\97 -115\1etter.doc
16200 Eagle creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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Minnesota Department of Natural Resources
Metro Waters - 1200 Warner Road, St. Paul, MN 55106-6793
Telephone: (612) 772-7910 Fax: (612) 772-7977
November 24,1997
Ms. Jenni Tovar, Planner
City of Prior Lake
16200 Eagle Creek Avenue S.E.
Prior Lake, Minnesota 55372-1714
RE: BLUFF SETBACK VARIANCE REQUEST, LOT 92 NORTHWOOD, HILLCREST HOMES
Dear Ms. Tovar:
I have reviewed the materials you submitted relative to the bluff setback variance requested by Hillcrest Homes on Lot
92, Northwood located at 16091 Northwood Road on Prior Lake. The applicant has met at my office earlier to discuss
this development proposal. Based upon my review of the site plan, it appears the proposed location of the home on
the lot would not require a variance if the City Council approves the revised top of bluff definition as suggested in your
November 18, 1997 memo to the Planning Commission. I sent you a separate letter responding to those proposed
amendments. Operating under the current language in your ordinance, the proposed home would be located within the
existing bluff and bluff impact zone. In reviewing the survey, there can be little argument that redevelopment of the
site could be accomplished while meeting all performance standards for setbacks from the road, sideyard, lake, and
bluff. Thus, with an available building envelope meeting all setbacks, one would be hard pressed to demonstrate
hardship in this case. However, it would be premature to assume the city council will adopt the proposed definition
changes for top of bluff and bluff setback, which would allow the construction of the home on Lot 92 without variance.
The DNR does not have particular concern about the proposed variance request, in that the location of the proposed
house meets the 1ine-of-site (string test) test for structures on either side, and does not appear to jeopardize the integrity
of the bluff. It represents an improvement over the existing structure which is wholly within the bluff as per current
bluff definition. However, given there are alternate building locations available without need for variance, and given
I cannot acknowledge hardship, I would recommend the applicant wait for the outcome of Council action on the bluff
definitions. It would be preferable if the site could be developed without the need for a variance.
If you have any questions, please call me at 772-7910.
Sincerely
~J.~
Area Hydrologist
~
DNR Information: 612-296-6157,1-800-766-6000 . TTY: 612-296-5484,1-800-657-3929
An Equal Opportunity Employer
Who Values Diversity
ft Prioted on Recycled Paper Containing a
'-;I Minimum of 10% Post-Consumer Waste
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EXHIBIT C
FILE Copy
LEGAL BUILDING ENVELOPE
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EXHIBIT A
PROPOSED HOUSE, LOCATION AND BLUFF
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~P.C~!ST "0"[5. INC_
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I)' ttlt boun<Urlu o( th. hn/ a~ _r'J~ !nd corr'ct "'Drenntatlon of I SU"~.'
~IJ'ldln9S. If ""y. t.n,r,on n OV' ucrlb,d and of thl locHlon of 111
,n 'SlId l.nd. D,ted this ;ld't'dl.1 v\,'IObh tnc,.O'chlnnts. If 'ny frOIlt or
'10 ctob.,., 1997. .
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CARLSON I CARLSON I'C
'.A!ID SURVEYOR~ .
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