HomeMy WebLinkAbout97-126 Variance
...............
Planning Case File No. q 1- I tl0
Property Identification No. .~ 5 - ocr <s; - () J d -D
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:
o Rezoning, from (present zoning)
to (proposed zoning)
o Amendment to City Code, Compo Plan or City Ordinance
o Subdivision of Land
o Administrative Subdivision
o Conditional Use Permit
~ance
o Other:
Brief description of proposed project (attach additional
sheets/narrative if desired)
Proposed addition of garage and
bedroom, bath and exercise space
above. Enclosing of existing porch
for entry and living. See preliminary
drawings - front yard setback variance.
Applicable Ordinance Section(s):
Applicant(s):
Address:
Home Phone:
Kelvin Retterath
2618 Grove Ln. ,
472-3197
Mound, MN 55364
Work Phone:
895-5500
Property Owner(s) [If different from Applicants]: Dave Yearling & Karlynn Benson
Address: 16520 Inguadona Beach Cir.
Home Phone: 447-8572 Work Phone: 895";'5500
Type of Ownership: Fee _ Contract for Deed _ Purchase Agreement---.....
Legal Description of Property (Attach a copy if there is not enough space on this sheet):
See survey
To the best of my knowledge the information provided in this application and other material submitted is correct. In
addition, I have read the relevant sections of the Prior Lake Ordinance and procedural guidelines, and understand that
applications wiH not be processed until deemed complete by the Planning Director or assignee.
5t,~Mif- /J.--i1 -?7
Applicant's Si'gnature r) Date I
1'V1.C., -~ CT? , Z - I "f - '~'t1
Fe'eOwner's ~gnature \ - Date
THIS SPACE TO BE FILLED IN BY THE PLANNING DIRECTOR OR DESIGNEE
PLANNING COMMISSION
CITY COUNCIL
APPROVED
APPROVED
DENIED
DENIED
DATE OF HEARING
DA TE OF HEARING
CONDITIONS:
Signature of Planning Director or Designee
lu-app2.doc
Date
92405 File 3/ J'
Joe. No.
lolume 7 I Paqe ts Cert d./ti/J3
OFFICE OF REGISTRAR OF TITLE
SCOTT COUNTY. MINNESOTA
-:'his is the filinq information of the document
:iIed in this office on
File No. 96-098 and 97-126 Front Yard and Side Yard Setback Variance
STATE OF MINNESOTA)
)ss.
COUNTY OF SCOTT )
The undersigned, duly qualified and Deputy City Clerk of the City of Prior Lake, hereby
certifies the attached hereto is a true and correct copy of the original.
Amended Resolution 96-35PC David Yearling and Karlynn Benson, Variance to Front
Yard Setback and Side Yard Setback
on file in the office of the City Planner, City of Prior Lake.
Kim:tl!?~)lJtpu
Deputy City Clerk
Dated this 14th day of January, 1998.
(City Seal)
TRUECOPY.DOC
PAGE 1
:
AMENDED RESOLUTION 96-35PC
A RESOLUTION GRANTING A VARIANCE TO PERMIT A FRONT YARD
SETBACK OF 18 FEET FROM INGUADONA BEACH CIRCLE RATHER THAN
THE MINIMUM REQUIREMENT OF 25 FEET AND A 2 FOOT SIDE YARD
SETBACK VARIANCE TO PERMIT A SIDE YARD SETBACK OF 8 FEET
RATHER THAN THE REQUIRED 10 FEET FOR A PROPOSED GARAGE AND
RESIDENTIAL ADDITION TO SINGLE FAMILY DWELLING
BE IT RESOL YED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Dave Yearling and Karlynn Benson have applied for a variance from Section 4.2 of
the Zoning Ordinance in order to permit the construction of a garage and living area
addition to existing single family dwelling on property located in the R-l (Suburban
Residential) District and the SD (Shoreland Overlay) District at the following
location, to wit;
Inguadona Beach Circle, legally described as Lot 13, EXCEPTING from said
Lot 13 the following: Starting at the Southeast comer of said Lot 13 and
running thence Northerly along the East line of said Lot 15 feet; thence
Northwesterly to the Southwest comer of said Lot; and thence Southeasterly
along the South line of said Lot 13 to the place of beginning; AND the West
half of Lot 15, AND all of Lot 14; INGUADONA BEACH, Scott County,
MN.
2. The Board of Adjustment has reviewed the application for variance as contained in
Case #96-098 and held hearings thereon on October 28, 1996, and on January 12,
1998.
3. 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.
4. 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 the proposed variance will not
result in the impairment of an adequate supply of light and air to adjacent properties,
1:\96files\96v!\f\96-Q9~va\rs9635am doc .L
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 44"'/-4245
AN EQUAL OPPORTUNITY EMPLOYER
unreasonably increase congestion in the public streets, increase the danger of fire, and
danger to the public safety, unreasonably diminish or impair health, safety, comfort,
morals or in any other respect be contrary to the Zoning Ordinance and
Comprehensive Plan.
5. The special conditions applying to the subject property are unique to such property,
and do not generally apply to other land in the district in which such land is located.
The unique circumstances applicable to this property include the substandard lot size,
the fact that the property was platted prior to the incorporation of the city.
6. The granting of the variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant. The variance will not serve merely as a
convenience to the applicants, but is necessary to alleviate demonstrable hardship.
The factors listed above do not allow for an alternative location of the proposed
addition without this variance.
7. The contents of Planning Case 96-098 are hereby entered into and made a part of the
public record and the record of decision for this case. Pursuant to Section 5-6-8 of the
Ordinance Code this variance will be deemed to be abandoned, and thus will be null
and void one (1) year from the date of approval if the holder of the variance has failed
to obtain any necessary, required or appropriate permits for the completion of
contemplated improvements.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby grants and
approves the following variance for the proposed residential addition with garage;
1. A variance permitting a 18 foot setback from the Inguadona Beach Circle instead of
the required 25 foot setback.
2. A 2 foot side yard setback variance permitting a side yard setback of 8 feet rather than
the required side yard setback of 10 feet.
This variance is granted with the following terms and conditions;
1. The improvements shall be constructed in accordance with the site plan
submitted by the applicant, and attached hereto as Exhibit A, as amended on
January 12, 1998.
Adopted by the Board of Adjustment on October 28, 1996.
Amended by the Board of Adjustment on January~2, 1998.
Tony Stamson, Chair
I: \96files\96var\96-098va\rs9635am.doc
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AMENDED EXHIBIT A
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OFFICE OF REGISTRAR OF TITLE
SCOTT COUNTY, MINNESOTA
This is the filing inforlllation of the document
filed in this office on
"AR 0 5 1998 I:rJfJ,4 M.
Pat Boeckman, Registrar of Titles
Case #97-053
STATE OF MINNESOTA)
)ss.
COUNTY OF SCOTT )
The undersigned, duly qualified and City Manager ofthe City of Prior Lake, hereby
certifies the attached hereto is a true and correct copy of the original.
Resolution 98-01
on file in the office of the City Planner, City of Prior Lake.
Dated this 9th day of January, 1998.
(City Seal)
TRUECOPY.DOC
PAGlE
"
.
RESOLUTION 98-01
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL OVERTURNING THE
DECISION OF THE PLANNING COMMISSION IN THE MATTER OF REQUEST FOR
vARIANCE, CASE NO. 97-053, AND APPROVING A VARIANCE FOR THE
PROPERTY LOCATED AT 16575 INGUADONA BEACH CIRCLE
MOTION BY:
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
KEDROWSKI
SECOND BY:
PETERSEN
the Prior Lake City Council heard this issue on November 17, 1997,
December 1, 1997 and January 5, 1998, to act on an appeal by Brian Mattson
of the Planning Commission's denial of a request for a driveway setback
variance and an impervious surface variance for property legally described as
Lot 29, Inguadona Beach; and
On December 1, 1997, the City Council directed staff to work with the D~
to present a solution and specifics on decreasing the rate of run-off from the
site; and
the City Council fmds that the request for variance meets the standards for
granting variances set forth in Section 5-6-6 (C, 1-4) of the City Code, and
that the appellant has set forth adequate reas<;ms for overturning the decision
of the Planning Commission; and
the City Council has determined that the Planning Commission's decision
denying the request for variance should be overturned, and said variance
should be approved:
NOW THEREFORE, BE IT RESOL YED BY THE CITY COUNCIL OF PRIOR LAKE:
FINDINGS
1. Brain Mattson applied for a variance from Sections 5-5-5 F and 5-8-3 B,l of the Zoning
Code in order to permit a 1 foot side yard setback for a driveway rather than the required 5
foot setback and a 24% variance to permit impervious surface coverage of 54% rather than
the maximum allowed of 30% impervious surface coverage as drawn in Exhibit A on
property located in the R-1 (Suburban Residential) District and the SD (Shoreland Overlay)
District at the following location, to wit;
16575 Inguadona Beach Circle, legally described as Lot 29, Inguadona Beach
2. The Planning Commission reviewed the application for variance as contained in Case File
#97-053, held hearings thereon on June 23, 1997 and on October 27, 1997, and denied the
applicant's request.
16200 Eg~cr~I(:V~~~I~~I.~~9~rig7t~ke. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612)a~e47-4245
AN EQUAL OPPORTGNITY EMPLOYER
"
3. Brian Mattson appealed the decision of the Planning Commission in accordance with Section
5-6-3 (A) of the City Code.
4. The Prior Lake City Council reviewed this appeal on November 17, 1997, December 1, 1997
and January 5, 1998.
5. City staff met with DNR representatives on December 4, 1997 at the site to discuss the
grades and means of decreasing the rate of run-off (see December 10, 1997 letter from
DNR).
6. The City Council 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 variances on the Comprehensive Plan.
7. Approving the variance allows a permitted accessory use, a two-car garage, and access to the
garage, on this property.
8. The proposed variance does not negatively impact light, air or drainage on the site. Snow
storage can occur on the site, and the potential damage to adjacent properties can be avoided
through the use of a fence.
9. The City Council has determined that there are unique circumstances or conditions regarding
the property that are not the fault or cause of the applicants.
10. The City Council has determined literal enforcement of the ordinance will result in undue
hardship, as the applicant's are proposing to meet the building setback requirements and the
proposed variances are unavoidable.
11. The contents of Planning Case File #97-053 are hereby entered into and made a part of the
public record and the record of the decision for this case.
CONCLUSION
Based upon the Findings set forth above, the City Council hereby overturns the decision of the
Planning Commission and hereby approves the following for a proposed detached garage and
driveway as drawn in Exhibit A and modified by the applicant in Exhibit B, which exhibits are
incorporated into this resolution:
1. A three foot side yard setback variance permitting a driveway setback of two feet
rather than the required driveway setback of five feet.
2. A 6.5% impervious surface variance permitting impervious surface of 36.5% rather
than the maximum allowed of 30%
These variances are granted with the following terms and conditions;
r:\council\reso luti\planres\rs980 1 cc.doc
Page 2
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1. A revised survey must be submitted, indicating the applicants proposed change and
the removal of the existing concrete patio and driveway to decrease the impervious
surface to 36.5%.
2. The applicant hereby agrees to keep and store all snow from the driveway on his
property .
3. Gutters are to be placed on the proposed garage to direct run-off to the yard to the
south side of the property (grassy area).
4. As per DNR letter dated December 10, 1997, a two foot aggregate trench will be
constructed (as part of the permit for the garage) the entire length of the driveway to
decrease the rate of run-off from the proposed garage and driveway and to
significantly reduce run-off to the adjacent property to the north. Mr. Mattson, at his
discretion may place a perforated plastic tile line in the trench to move excessive
water to the street.
5. As per City Code Section 5-6-6 (D), the applicant has 60 days to record this
resolution or it is null and void and as per Section 5-6-8, the applicant has one year
to obtain the necessary permits for the proposed project or this approval is null and
void.
Passed and adopted this 5th day of January, 1998.
Mader
Kedrowski
Petersen
Schenck
Vacant
YES
X
X
X
NO
Mader
Kedrowski
Petersen
Schenck
Vacant
~x
{Seal}
, ~~i~1
City Manager, /
City ofPriorJ::ak
, /
V/
r:\council\resoluti\p lanres\rs980 1 cc.doc
Page 3
BRIAN MATTSON
!6575 INGUADONA BEACH CIRCLE
PRIOR LAKE, MN. 55372
Va/Jey Surveying Co., P.A.
SUITE 120-C, /6670 FRANKLIN TRAIL
FRANKLIN TRAIL OFFICE CONDOMINIUM
PRIOR LAKE, MINNESOTA 55372
TELEPHONE (6/2) 447 - 2570
EXHIBIT A
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S89018'08""
103.3 plot
-- -105.73 meos. --_
TIU
(938.9)
_ --~~g3~~;~31
940.671
'940.2
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9..'.3 (940.2'
1~20
l!l ZO'. MAP. ~
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~ : ;: P"OPOSEO' .
! G~AGE "'
943.3 I ~ IZ.MA~
/ ~ I 1944.1' L_20 1_ 10-"0
!! , 943.6 8 I 47.1) 948.
\: ~ 2
0.5' EAST
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944.11~
',00.119 71 m.as.-__
~ I J 16. 7 pIal
948.2,' N 88" 54' 4rW
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G4 RAGE SLAB
El. 94l...01
EXISTING
HOUSE'
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DESCRIPTIQ.'l :
Lot 29, "INGUAOONA BEACH", Scott County, Minnesota. lUse Showing th<< 'ocation of
th~ existing impcovem~' sand pcoposed addition, this 16th dny of Feb. 1~96.
N(Il'ES' Benchmack 4.<6.15 walkout elevation of the existing house.
Net lot acp.a = 5,607 sq. ft.
946.7
.
DENOTES EXISTING GRADE ELEVATION
~
Prol?Osed net lot covecage " 53. 8 %
(940.2) DENOTES PROPOSED FINISHED GRADE ELEVATION
DENOTES PROPOSED DIRECTION OF SURFACE DRAINAGE
SET GARAGE SLAB AT EL. 940.34
SET TOP OF BLOCK OF GARAGE AT EL. 947.82
Net existing lot covecage " 28.0 %
o
r
SCALE
20
40
I
Revised 5/15/97 To shaw proposed garage
os directed by owner.
I hereby certify that 'his !flrvey wos prflporfPd
by me or under my dirm supervision and that
I a".. _ .duly lirensed Land Surveyor under the
1tI~. rJI 'h'" _t::'n". nl Minn__f"
IN
FUT
.
EXHIBIT A
CITY OF PRIOR LAKE
. Impervious Surface Calculations
. (To be Submitted with Building Permit Application)
For All Properties Located in theShoreland District (SO).
The l\tfaximum Impervious Surface Coverage Permitted in 30 Percent.
. PAGE 2
Property Address \l;S1S. ~~Ut\.~I~p.. eEl'tL~ c..,'(~~
Lot AreaS i ~o-l Sq. Feet x 30%. = .............., ~B.2~ 0
************************************************************************
. LENGTH WIDTH SQ. FEET
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HOUSE "'2.!8 .S. . x .. = L,~L\
l1- x 1,.~ = q?r
ATTACHED GARAGE x =
DETACHED BLDGS
(Gara~
TOTAL PRINCIPLE STRUCTURE..........~...........
f~ f"S't>J/ G.-A~~je
. '2.(.'- x 20
? lox t"2-
~2...lp
'460
, 1'20
TOT ALDET ACHED BUILDINGS....................... \coD
Co N c:.. re k (e)L\rJ...;, Rt)
l~ -I- '2...0 3~o
DRIVRWAY/PAVED A . AS ~,S x z.o = \ to
~
(Driveway-paved or not) "'Z. .'-\. X <C = Vi "Z- A,....,~ CluJc_
, (Sidewalk/Parking Areas) '2.-5 X 8 = "20
4.~ ~\"2- Sz- .
TOTAL P A YED AREAS.................~....................... W'~~4l~
P A TIOSIPORCHESIDECKS
(Open Decks W' min. opening between
boards. with a pervious surface below;
are not considered to be impervious)
x =
X =
X =
,T OT AL D ECKS.....,...................................................
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e
X qe
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TOTAL OTHER.....~................................................. ~
TOTAL IMPERVIOUS SURFACE
UND~..,':
. Prepared By \l '" \ \..." S,,_~\ ~ G., P. t-...
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EXHIBIT B
RE.VISIONS
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MOTION BY VONHOF, SECOND BY CRIEGO, TO CONTINUE THE HEARING TO
THE JANUARY 26, 1998, MEETING TO CONSIDER THIS MATTER FURTHER
AND OBTAIN INFORMATION THAT HAS BEEN REQUESTED RELATIVE TO
THIS MATTER.
AMENDMENT BY KUYKENDALL, ADD A NOTE THAT THE PLANNING
DIRECTOR FIND OUT WHAT THE BUILDING DEPARTMENT DID THAT TOOK
PLACE. HAVE THE SAME STAFF MEMBERS PRESENT AT THE NEXT
MEETING. VONHOF AGREED TO AMEND, SECOND BY CRIEGO.
Vote taken signified ayes by all. MOTION CARRIED.
A recess was called at 9:01 p.m. The meeting reconvened at 9:11 p.m.
B. Case #96-126, Kelvin Retterath requesting a side yard variance for the
property at 16520 Inguadona Beach Circle.
Planner Jenni Tovar presented the Planning Report.
On October 28, 1996 the Planning Commission approved a 7 foot front yard setback
variance for Dave Yearling and Karlynn Benson, to allow a front yard setback of 18 feet
rather than the required 25 feet for a proposed garage and residential addition. The time
period to obtain necessary permits expired on October 28, 1997. Upon request of the
applicant, on December 15, 1997 the City Council granted a 90 day extension to allow
the applicant until January 28, 1998 to obtain the necessary building permits for the
proj ect.
The ground level of the proposed addition will be a garage and the upper level will be
living space consisting of a bedroom and bathroom. The living area of the addition will
be attached to the existing structure over the front entry. On November 11, 1997 the City
received a building permit application for the proposed addition. The survey indicated a
24 foot wide garage with an 8 foot side yard setback. This is different from Resolution
96-35PC which indicates a 22 foot wide garage with a 10 foot side yard setback.
The applicant contends the change was brought up at the Planning Commission meeting
on October 28, 1996 and was given approval to make the change. Discussion by the
Planning Commission specifically raised the question of the necessity for a side yard
setback variance. Further discussion indicates that staff was under the impression this is
a substandard lot. This conclusion was made using the width at the front property line of
80.6 feet. The required front lot width for R-l SD riparian lots is 90 feet. The actual lot
width is determined at the front yard setback. Due to the pie shaped lot, this scales out to
be 104.5 feet. Therefore, the lot is not substandard as originally thought and the required
side yard setback is 10 feet on both sides.
The applicant is requesting a 2 foot side yard setback variance to allow the project to
proceed as planned. Based on the outcome ofthe October 28, 1996 Planning
1:\98files\98p1comm\pcmin\nmOI1298.doc
8
Commission meeting, the applicant had revised all plans for a 24 foot garage and was
proceeding as approved and discussed on October 28, 1996 at the Planning Commission
meeting. The reasoning for the delay in applying for a building permit were delays in
obtaining financing for the project.
The applicant contends the misunderstanding by staff on the determination of a
substandard lot and the approval of the variance by the Planning Commission knowing
the garage would be 24 feet wide is hardship to grant the side yard setback variance. The
applicant would have asked for a side yard setback variance at the time, if that what was
necessary .
The staff has concluded the size and physical characteristics of the lot are hardships
outside the applicant's control. Staff recommends approval.
Comments from the public:
Kelvin Retterath, 2618 Grove Lane, Mound, represented the applicants stating Planner
Jenni Tovar explained the proposal very well. He reviewed the proposal and explained
the change in the plan.
The public hearing was closed at 9:21 p.m.
Comments from the Commissioners:
Criego:
· Reiterated the Minutes from the October meeting and concluded there would be a 5'
side yard setback. The Commission gave the applicant the impression they could go
to 5 feet.
. Kansier explained the substandard lot ordinances.
. Based on original conversations, supports variance request.
Cramer:
· Was not part of the Planning Commission, the encroachment is very minimal and the
Planning Commission gave the impression it was okay.
. Approve variance.
Stamson:
. Does not agree.
. Based on the discussion with the last hearing, the Minutes are not enforceable.
. Concern the Planning Commission is basing the decision on the Minutes from
October 1997.
. However, given the hardship criteria - agreed to approve the variance.
· Commissioners V onhof and Kuykendall support variance.
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MOTION BY VONHOF, SECOND BY CRIEGO, TO RECOMMEND AN AMENDED
RESOLUTION 96-35 GRANTING A VARIANCE TO PERMIT A FRONT YARD
SETBACK OF 18 FEET FROM INGUADONA BEACH CIRCLE RATHER THAN
THE MINIMUM REQUIREMENT OF 25 FEET AND A 2 FOOT SIDE YARD
SETBACK VARIANCE TO PERMIT A SIDE YARD SETBACK OF 8 FEET RATHER
THAN THE REQUIRED 10 FEET FOR A PROPOSED GARAGE AND
RESIDENTIAL ADDITION TO SINGLE FAMILY DWELLING.
Vote taken signified ayes by all. MOTION CARRIED.
C. Case #97-128, City of Prior Lake considering a proposed amendment to the
City of Prior Lake Year 2010 Comprehensive Plan for the property located at 5240
160th Street.
Planning Coordinator Jane Kansier presented the Planning Report dated January 12,
1998.
The purpose of this public hearing is to consider an amendment to the 2010 Comprehensive Plan
changing property currently designated as Community Retail Shopping to the High Density
Residential designation. This amendment was initiated by the Planning Commission on
December 8, 1997. The purpose of the amendment is to allow the development of the property.
This site consists of approximately 1.1 acres of vacant land and is located at 5240 10th Street.
This site is at the northeast quadrant of the intersection of Franklin Trail and 160th Street (CSAH
44). This property is identified as C-CC (Community Retail Shopping) on the 2010
Comprehensive Plan. This designation is characterized by retail shopping centers designed to
provide shopping and convenience facilities to a broader residential area.
The applicant is requesting the property be designated R-HD (High Density Residential). This
designation is characterized by dwellings other than single family detached houses at densities
up to 30 units per acre.
Safe Haven For Youth is proposing to construct a licensed residential facility for 7 to 16 clients
on this site. An application for a conditional use permit for this use is presently pending before
the Planning Commission.
Adjacent Land Use, Comprehensive Plan Designation and Zoning: North: Across
Westwood Drive is vacant land, designated as C-CC and zoned B-1 (Limited Business). The
owner of this vacant land is in the process of applying for permits to construct a commercial
building. South: Across 160th Street (CSAH 44) is an abandoned ready-mix plant and senior
housing, designated as R-HD and zoned R-3. East: To the east are single family dwellings,
designated as R-L/MD (Low to Medium Density Residential) and zoned R-l (Suburban
Residential). West: Across Franklin Trail is a multifamily dwelling, designated as R-HD, and
zoned R-3.
This property has access to both Franklin Trail and Westwood Drive. The Scott County
Highway Department has indicated no access will be permitted on 160th Street (CSAH 44).
There are no sewer and water connections to this site; however, both sewer and water are
available from the existing mains located in Westwood Drive to the north.
Staff Reports
L:\TEMPLA TE\FILEINFO.DOC
AGENDA ITEM:
SUBJECT:
SITE:
PRESENTER:
REVIEWED BY:
PUBLIC HEARING:
DATE:
INTRODUCTION:
PLANNING REPORT
4B
CONSIDER SIDE YARD SETBACK VARIANCE, FOR
DAVE YEARLING AND KARL YNN BENSON
(Case File #97-126)
16520 INGUADONA BEACH CIRCj..E
JENNI TOVAR, PLANNER ,~l~
DONALD R. RYE, PLANNING DIRECTOR
YES l NO
JANUARY 12, 1998
On October 28, 1996 the Planning Commission approved a 7 foot front yard
setback variance for Dave Yearling and Karlynn Benson, to allow a front yard
setback of 18 feet rather than the required 25 feet for a proposed garage and
residential addition. Resolution 96-35PC is attached. Please note the time
period to obtain necessary permits expired on October 28, 1997. Upon request
of the applicant, on December 15, 1997 the City Council granted a 90 day
extension to allow the applicant until January 28, 1998 to obtain the necessary
building permits for the project.
The ground level of the proposed addition will be a garage and the upper level
will be living space consisting of a bedroom and bathroom. The living area of the
addition will be attached to the existing structure over the front entry. Attached is
the staff report including the site plan for Variance #96-098.
On November 11, 1997 the city received a building permit application for the
proposed addition. The survey indicated a 24 foot wide garage with an 8 foot
side yard setback. This is different from Exhibit A of Resolution 96-35PC which
indicates a 22 foot wide garage with a 10 foot side yard setback.
DISCUSSION:
The applicant contends that the change was brought up at the Planning
Commission meeting on October 28, 1996 and was given approval to make the
change. Attached is a transcription of the discussion. Page 3 indicates the
applicant pointed this out. Discussion by the Planning Commission specifically
raised the question of the necessity for a side yard setback variance. Further
L:\97FILES\97VAR\97-126\97-126PC.DOC Page 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
discussion indicates that staff was under the impression that this is a
substandard lot. This conclusion was made using the width at the front property
line. This is 80.6 feet. The required front lot width for R-1 SD riparian lots is 90
feet. The actual lot width is determined at the front yard setback. Due to the pie
shaped lot, this scales out to be 104.5 feet. Therefore, the lot is not substandard
as originally thought and the required side yard setback is 10 feet on both sides.
The applicant is requesting a 2 foot side yard setback variance to allow the
project to proceed as planned. Based on the outcome of the October 28, 1996
Planning Commission meeting, the applicant had revised all plans for a 24 foot
garage and was proceeding as approved and discussed on October 28, 1996 at
the Planning Commission meeting. The reasoning for the delay in applying for a
building permit were delays in obtaining financing for the project.
The applicant contends that the misunderstanding by staff on the determination
of a substandard lot and the approval of the variance by the Planning
Commission knowing the garage would be 24 feet wide is hardship to grant the
side yard setback variance. The applicant would have asked for a side yard
setback variance at the time, if that what was necessary.
CONCLUSION
While it is impossible to determine if the Planning Commission would have
granted a side yard setback variance in the past, the approval of the front yard
setback indicates that there is hardship with respect to the property. The
Planning Commission has the option of amending Resolution 96-35PC to include
a 2 foot side yard setback to permit an 8 foot side yard setback for the proposed
24 foot garage. In this case, the hardship criteria are the same as those to
approve the front yard setback variance based on the required setbacks in effect
at that time.
ALTERNATIVES:
1. Approve the variance amendment as 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.
RECOMMENDATION:
The staff has concluded the misunderstanding of the substandard lot, existing
size and the physical characteristics of the lot are rationale outside of the
L:\97FI LES\97V AR\97 -126\97 -126PC.DOC
Page 2
applicants' control to warrant the addendum to Resolution 96-35PC. Staff
recommends Alternative No. 1 with no additional conditions.
ACTION REQUIRED:
A motion amending Resolution 96-35PC as follows:
. Insert into the heading after 25 feet: AND A 2 FOOT SIDE YARD SETBACK
VARIANCE TO PERMIT A SIDE YARD SETBACK OF 8 FEET RATHER
THAN THE REQUIRED 10 FEET...
. Under findings #2 ADD after October 28, 1996: and on January 12, 1998 to
amend the variance request.
. Insert under heading of CONCLUSION: 2. A 2 foot side yard setback
variance permitting a side yard setback of 8 feet rather the required side yard
setback of 10 feet.
. Under terms and conditions insert after Exhibit A: as amended on January
12, 1998.
. Insert amended date of January 12, 1998 after the original approval date of
October 28, 1996.
A copy of Amended Resolution 96-35PC is attached to this report.
L:\97FILES\97V AR\97 -126\97 -126PC.DOC
Page 3
AMENDED RESOLUTION 96-35PC
A RESOLUTION GRANTING A VARIANCE TO PERMIT A FRONT YARD
SETBACK OF 18 FEET FROM INGUADONA BEACH CIRCLE RATHER THAN
THE MINIMUM REQUIREMENT OF 25 FEET AND A 2 FOOT SIDE YARD
SETBACK VARIANCE TO PERMIT A SIDE YARD SETBACK OF 8 FEET
RATHER THAN THE REQUIRED 10 FEET FOR A PROPOSED GARAGE AND
RESIDENTIAL ADDITION TO SINGLE FAMILY DWELLING
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Dave Yearling and Karlynn Benson have applied for a variance from Section 4.2 of
the Zoning Ordinance in order to permit the construction of a garage and living area
addition to existing single family dwelling on property located in the R-l (Suburban
Residential) District and the SD (Shoreland Overlay) District at the following
location, to wit;
Inguadona Beach Circle, legally described as Lot 13, EXCEPTING from said
Lot 13 the following: Starting at the Southeast comer of said Lot 13 and
running thence Northerly along the East line of said Lot 15 feet; thence
Northwesterly to the Southwest comer of said Lot; and thence Southeasterly
along the South line of said Lot 13 to the place of beginning; AND the West
half of Lot 15, AND all of Lot 14; INGUADONA BEACH, Scott County,
MN.
2. The Board of Adjustment has reviewed the application for variance as contained in
Case #96-098 and held hearings thereon on October 28, 1996, and on January 12,
1998.
3. 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.
4. 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 the proposed variance will not
result in the impairment of an adequate supply of light and air to adjacent properties,
1:\96fiLes\96var\96-0-98-va\rs9635llID doc L
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 4Lt/-4245
AN EQUAL OPPORTUNITY EMPLOYER
unreasonably increase congestion in the public streets, increase the danger of fire, and
danger to the public safety, unreasonably diminish or impair health, safety, comfort,
morals or in any other respect be contrary to the Zoning Ordinance and
Comprehensive Plan.
5. The special conditions applying to the subject property are unique to such property,
and do not generally apply to other land in the district in which such land is located.
The unique circumstances applicable to this property include the substandard lot size,
the fact that the property was platted prior to the incorporation of the city.
6. The granting of the variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant. The variance will not serve merely as a
convenience to the applicants, but is necessary to alleviate demonstrable hardship.
The factors listed above do not allow for an alternative location of the proposed
addition without this variance.
7. The contents of Planning Case 96-098 are hereby entered into and made a part of the
public record and the record of decision for this case. Pursuant to Section 5-6-8 of the
Ordinance Code this variance will be deemed to be abandoned, and thus will be null
and void one (1) year from the date of approval if the holder ofthe variance has failed
to obtain any necessary, required or appropriate permits for the completion of
contemplated improvements.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby grants and
approves the following variance for the proposed residential addition with garage;
1. A variance permitting a 18 foot setback from the Inguadona Beach Circle instead of
the required 25 foot setback.
2. A 2 foot side yard setback variance permitting a side yard setback of 8 feet rather than
the required side yard setback of 10 feet.
This variance is granted with the following terms and conditions;
1. The improvements shall be constructed in accordance with the site plan
submitted by the applicant, and attached hereto as Exhibit A, as amended on
January 12, 1998.
Adopted by the Board of Adjustment on October 28, 1996.
Amended by the Board of Adjustment on January 12, 1998.
Tony Stamson, Chair
1: \96fi1es\96var\96-098va\rs9635am.doc
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TRANSCRIPTION OF PLANNING COMMISSION MEETING
OCTOBER 28, 1996
Public Hearings:
A. CASE #96-098 KELVIN RETTERATH IS REQUESTING A VARIANCE TO PERMIT A
FRONT YARD SETBACK OF 18.00 FEET RATHER THAN THE REQUIRED 25 FEET FOR
THE CONSTRUCTION OF A RESIDENTIAL ADDITION ON PROPERTY LOCATED IN
THE R-1 (URBAN RESIDENTIAL) DISTRICT AND THE SD (SHORELAND OVERLAY)
DISTRICT IDENTIFIED AS 16520 INGUADONA BEACH CIRCLE.
Planner Jenni Tovar presented the staff report dated October 28, 1997.
Tovar:
Criego:
Tovar:
Criego:
Tovar:
Criego:
Tovar:
Criego:
The applicants are David Yearling and Karlynn Benson, and they are
proposing an addition to the current residential structure that was built in
1900. And this property was built on Inguadona Beach Circle and located
on the circle there. Just to show you where we're at. This survey shows
the addition to be 18 feet from the right of way. And they are requesting
that the garage setback be 18 feet from the right-of-way ...inaudible ...
because it is located on the curb, the building envelope is kind of out of
shape. You can see that their current house is approaching into the
setback. Ifit were constructed the ...inaudible... the garage on the lower
level and the master bedroom and bath. It would have to be setback 25
feet which would push them back all the way to here. To make a
connection to their existing home which would be above the entry way
here. The garage and the addition would extend to here.
Would you repeat that? Say that again.
Right here? Up front here is the bath and then here would be the access
point into their current existing structure so the upstairs into their current
house to get to their proposed addition. They are proposing that the access
point be over the entry way. The building envelope ...inaudible ... access
would go here. It limits the size the garage can be on the lower level.
And why is that? Why is it limited?
One is bigger than the other. If they go back to where they are supposed
to be...the top of the survey is a smaller scale than the other one. ..Out of
the rear deck setback encroaching into...
Are you suggesting they would be within the 75 feet of the lake shore?
Right.
The 904?
L:\97FILES\97V AR\97-126\1 02896MN.DOC
1
Tovar:
Criego:
Tovar:
Criego:
Retterath:
Right.
I see. Okay.
And because the existing structure is already setback 17.7 feet. We also, if
you look at the proposed addition. Because of the curve they are on. It
will visually line up with the existing structure and the other
properties.. .inaudible.
Lets go over some of the hardships quick. The size ofthe lot is kind of
odd being that is located on the comer of the road. Where they can place
their addition and have access to it on their existing structure and no fault
oftheirs. The existing house is already encroaching onto the setbacks.
Which again is no fault of theirs. Their lot is a substandard lot to begin
with and it does not have the 80 feet of frontage that all the new lots
require. Staff is recommending that you approve the variance because the
size and physical characteristics are hardships outside the applicant's
control. I'll stand for any questions.
Would the applicant care to make any comments at this time? Could you
state your name and address?
Kelvin Retterath, and I live at 2618 Grove Lane, in Mound, and I have
been hired by David Yearling and Karlynn. I believe in your packages
you have a copy of the elevations, the exterior elevations. It was, when I
first ran into this problem, the existing of the house is a story and a half
and we maintain that, I was looking to maintain the image, kind of
duplicating the house and try to minimize the impact on the street side
with the form so it meant for me that would slope down to the garage
doors and so we're looking at a two-story structure on the street side.
Inaudible ..So which to maintain the scale of the garage and the house and
to fit the function the clients were interested in. That is to accommodate
three vehicles they currently have, three cars, plus storage. The way the
lot lays, they can't accommodate the entry way plus a garage three stalls
wide. I don't think a three stall garage is in keeping with the character of
the existing structure either. The two stall kind ...inaudible...
So, the other thing that Jenni mentions in relation to the upstairs, the
access point, because of the foot slope, we had to come down almost to the
lower level ofthe upper level because to come down all the way to the
main level, on the front side, I really don't have any way to get access uh,
to the front of the building. So I need to have that access for the center of
the addition. I don't know if! made that clear. Because the roof, right
above the door, it begins right above the door and it goes up the entry
access. Again it needs to be in the center ofthe structure. That was
L:\97FILES\97V AR\97-126\102896MN.DOC
2
Criego:
Tovar:
Retterath:
Criego:
Stamson:
Criego:
Wuellner:
Tovar:
Wuellner:
important to the building. That's why the building is as far forward as it
is. I guess as a general comment the way the garage is setback from the
house...inaudible... One thing Jenni and I discussed on Friday, this
was a later development and was related to the width of the structure.
I was told that because it is a substandard lot, the 10 foot side yard
setback was inapplicable in this instance. And physically I would like
to have a 24 foot garage. Inaudible... with the 22 foot we are
proposing, it is less than the standard. With 8 feet on the side you can
still sneak around the back for access if we need to. That's what I was
informed the other day prior to the meeting.
Are we asking for a side yard?
No. No, they'll be asking for the 18 foot front yard variance. Legally
he can go up to 5 feet... inaudible ... They're going down to 18 feet at the
edge of the house.
I spent some time with the City Planning Department and in Fridley...
Inaudible...Dialogue regarding parking.
Are there any other comments? Thank you. Okay, we'll open it up to the
commissioners for discussion. Commissioner Stamson.
My feelings are given the age ofthe house, the fact that it is on a
substandard lot. That the current owners really had no control over the
design of the house or the lay-out or the odd shape of the lot. It seems like
the variance is acceptable and in order to me. It seems to me it falls in
with the character ofthe neighborhood, the setbacks of the other houses.
So, I'm in support of granting the variance.
Commissioner Wuellner:
Staff, was there a setback averaging attempt here?
The setbacks are to the east... the east and south. This one here is a
setback of 30 feet and this one is 20 feet.
Again, given the particular situation of this particular structure. This is
probably the largest substandard lot I have ever seen. But, I really don't
have a problem with the way it is proposed. The circumstances related to
the property have a problem that I think, I go along with staff on that. I
would like to make the comment. This to me is one of the most significant
architectural structures on the lake and I really appreciate the design
proposed on this. I live across the lake from this house and appreciate
how this is going to turn out.
L:\97FILES\97V AR\97-126\102896MN.DOC
3
Criego: Commissioner V oOOof.
VoOOof: Thank you Mr. Chair. I concur with the rationale of these from the staff
reports. And I believe the four variance hardship standards in this
particular case, especially in regards to the variance request here. I think
the significant fact, the design of the lot and the age of when it was plotted
it is a significant structure, at least from the lake. I support this variance.
Criego: Commissioner Kuykendall.
Kuykendall: Thank you Mr. Chairman. I am supportive of everything said so far. I
would like to add one more. Ifthis were to be designed today and platted
today it would probably not be platted with property lines in tangent when
in fact a radius did occur. And should it occur there probably wouldn't
have been a setback issue. So I have to say given the current design
standards of thinking that's even an addition reason that I would support
this variance.
Criego: Okay. I have a question to staff. And that is the accessory structure size.
Educate me on why we call it an accessory building. Is it now after
completion become one complete building.
Tovar: I would ... inaudible...Yes. I was referencing the fact that...inaudible.
Criego: Fine. I happen to agree with staff. I think it is a good job of design. It
will add to the lake so I am in favor of approving the variance. Okay.
Any motions at this time.
Wuellner: I would like to make a motion that property at 16920 Inguadona Beach
Circle grant a 7 foot variance from the road that is a , front yard setback
variance of7 feet be approved for this property. Rationale being the
hardship criteria has been met in this case. Case file 96-098.
Criego: Resolution 96-035PC
Wuellner: Okay.
Criego: Okay, do I hear a second?
Stamson: I'll second.
Criego: Second. No discussion. All in favor?
All: Aye.
Criego: Opposed? Passed.
L:\97FILES\97V AR\97-126\102896MN.DOC
4
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RESOLUTION 96-35PC
A RE~OLUTION GRANTING A VARIANCE TO PERMIT A FRONT YARD
SETBACK OF 18 FEET FROM INGUADONA BEACH CIRCLE RATHER THAN
THE MINIMUM REQUIREMENT OF 25 FEET FOR A PROPOSED GARAGE
AND RESIDENTIAL ADDITION TO SINGLE F AMIL Y DWELLING
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Dave Yearling and Karlynn Benson have applied for a variance from Section 4.2 of
the Zoning Ordinance in order to permit the construction of a garage and living area
addition to existing single family dwellip.-E on property located in the R.-ICSubWb~
Residential) District and the SD (Shoreland Overlay) District at. the foll.'"
location, to wit;
16520 Inguadona Beach Circle, legally described as Lot 13, EXCEPTING from
said Lot 13 the following:. Starting at the Southeast comer of said Lot 13 and
running thence Northerly along the East line of said Lot 15 feet; thence
Northwesterly to the Southwest comer of said Lot; and thence Southeasterly
along the South line of said Lot 13 to the place of beginning; AND the West half
of Lot 15, AND all of Lot 14; INGUADONA BEACH, Scott County, MN.
1. The Board of Adjustment has reviewed the application for variance as contained in
Case #96-098 and held hearings thereon on October 28, 1996.
2. 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.
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 the proposed variance will not
result in the impairment of an adequate supply of light and air to adjacent properties,
unreasonably increase congestion in the public streets, increase the danger of fire, and
danger to the public safety, unreasonably diminish or impair health, safety, comfort,
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
. ." .
J,llorals or in any other respect be contrary to the Zoning Ordinance and
Comprehensive Plan.
3. The special conditio.ns applying to the subject property are unique to such property,
and do not generally apply to other land in the district in which such land is located.
The unique circumstances applicable to this property include the substandard lot size,
the fact that the property was platted prior to the incorporation of the city.
4. The granting of the variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant. The variance will not serve merely as a
convenience to the applicants, but is necessary to alleviate demonstrable hardship.
The factors listed above do not allow for an alternative location of the proposed
addition without this variance.
5. The contents of Planning Case 96-098 are hereby entered into and made a part of the
public record and the record of decision for this case. Pursuant to Section 5-6-8 of the
Ordinance Code this variance will be deemed to be abandoned, and thus will be null
and void one (1) year from the date of approval if the holder of the variance has failed
to obtain any necessary, required or appropriate permits for the completion of
contemplated improvements.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby grants and
approves the following variance for the proposed residential addition with garage;
1. A variance permitting a 18 foot setback from the Inguadona Beach Circle instead of
the required 25 foot setback.
This variance is granted with the following terms and conditions;
1. The improvements shall be constructed in accordance with the site plan
submitted by the applicant, and attached hereto as Exhibit A.
Adopted by the Board of Adjustment on October 28, 1996.
ff~K~
William Criego, Chair
2
1:\96var\96-098va\res963 5 .doc
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AGENDA ITEM:
SUBJECT:
SITE:
PRESENTER:
REVIEWED BY:
PUBLIC HEARING:
DATE:
INTRODUCTION:
PLANNING REPORT
4A
CONSIDER FRONT YARD SETBACK VARIANCE, FOR
DAVE YEARLING AND KARL YNN BENSON
(Case File #96-098)
16520 INGUADONA BEACH CIRCLE
JENNI TOVAR, PLANNER Jpr
DONALD R. RYE, PLANNING DIRECTOR
_ YES -X... NO
OCTOBER 28, 1996
The Planning Department received a variance application from Dave Yearling
and Karlynn Benson, who are proposing to construct a 22 by 48 foot residential
addition. The ground level of the proposed addition will be a garage and the
upper level will be living space consisting of a bedroom and bathroom. The
living area of the addition will be attached to the existing structure over the front
entry. The proposed addition has a 18 foot setback from the Inguadona Beach
Circle right of way rather than the required 25 foot setback (Section 4.2 of the
Zoning Ordinance) resulting in a 7 foot variance request.
DISCUSSION:
Inguadona Beach is a plat that dates back to 1924. This lot has 75 feet of street
frontage, averages approximately 162 feet deep, and has a total area of 25,670
square feet. The property is located within the R-1 (Suburban Residential) and
the SO (Shoreland Overlay) district. The lot width makes it a substandard lot
under the current Zoning Ordinance, however all other setbacks are being
maintained. The adjacent parcels on either side of this lot are developed as
single family dwellings. The property to the east is setback approximately 30
feet, and the property to the south is setback about 20 feet.
The purpose for the size of the addition is to provide a garage to accommodate
three vehicles. Because the lot will not accommodate this size of garage in lot
width, the applicants are proposing to accomplish this with a deeper garage, and
hence, the variance is being requested. The size of the garage area is within the
allowable accessory structure size. The total impervious surface with the
proposed addition is 16 percent.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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, the legal building envelope
which results from the applicable yard requirements is 55 feet wide and
approximately 46 feet deep. The size of the building envelope is adequate
for the addition. It is the existing location of the dwelling unit that brings
about the hardship. This lot is an inside corner lot with a curve of about 80
degrees. The building envelope reflects this curvature.
The hardship resulting from literal enforcement of the ordinance is that the
applicant would not be able to build as large of an addition a desired. To
remain in compliance with all ordinances, the applicant would have to reduce
the size of the addition by 7 feet in the front.
2. Such unnecessary hardship results because of circumstances unique
to the property.
Unique circumstances in this case are the substandard width of the lot which
was platted in 1924, its corner location, and the location of the existing house
which was constructed in 1900 and remodeled in 1991.
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 shape and width of the lot and location of the existing structure are
hardships over which the applicant has no control. The lot and dwelling were
existing prior to the adoption of the Zoning Ordinance.
4. The variance observes the spirit and intent of this Ordinance, produces
substantial justice and is not contrary to the public interest.
The size and location of the proposed dwelling on the lot are not inconsistent
with the location of other structures in this area. The existing structure is
setback 17.7 feet from the street right of way. Because of the corner
location, the addition will appear to be in line with the adjacent structure. A
variance in this case will not be contrary to the public interest.
96086pc.doc
Page 2
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.
RECOMMENDA TION:
The staff has concluded that the size and the physical characteristics of the lot
are a hardship outside of the applicants' control. Staff recommends Alternative
No. 1 with no additional conditions.
ACTION REQUIRED:
A motion adopting Resolution 96-35PC.
96086pc.doc
Page 3
Planning Case File No. ~ l:,...... Oq~
Property Identification No. -;2.5 - O'fr-OI;J.d
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 zonini) PfOf05~D AtfJDJTJ6H ();:; 6...;-,1,.4-6e-
o Amendment to City Code, Compo Plan or City Ordinance )rfltJ BW J20DJ"1 .' 8AIf-- f c;Kf:::.72. {../SC
o Subdivision of Land Srf'A(.,~ Apo vC. Dlc..f...,CJ5/N 6 OF
o Administrative Subdivision 13't/5rIH6 f()~H pOI!- f3,,}-il{W rr- (.,/!//N6~
o Conditional Use Permit SE:~ P{U;U~IJNfr(ZY {)fl.A~/N6S.
t& Variance APt.~~~te"6r~::-rn~e s~c~I~f'"'-/C V t4 f2-{ 4-vC e
o Other:
Applicant(s):
Address:
Home Phone:
KaVIN fLerTCflArH
~/8 6JtOVC I..,N H ()uJ../fJ , rttN S53 6 L/
--f)?-3ItJ7 Work Phone: 37/-f)15/
Property Owner(s) [If different from Applicants]: VAl/ii YOrfL/.,JNb I KAR.l.. yN1Y @C/'JS()J../
Address: / ~5").O IN bUA[}ONi"; 5€Jtf.-rl CNt(,!.-e
Home Phone: 4~7- 6-r 7.;2... Work Phone: 81S - SSCJ CJ
Type of Ownership: Fee ~ Contract for Deed _ Purchase Agreement ~
Legal Description of Property (Attach a copy if there is not enough space on this sheet):
5E6 SUiZve1
To the best of my knowledge the information provided in this application and other material submitted is correct. In
addition, I have read the relevant sections of the Prior Lake Ordinance and procedural guidelines, and understand that
applications will not be processed until deemed complete by the Planning Director or assignee.
/>
jrJ-fj-9iP
Date
tb. Y 'it &
Date
THIS SP 'CE 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
Retterath/B ens onlY earling Variance
Variance #96-09
to Allow Front Yard Setback of 18 Feet
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O~lUNG
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NOTICE OF HEARING TO CONSIDER THE FOLLOWING VARIANCE:
A VARIANCE TO PERMIT A FRONT YARD SETBACK OF 18.00 FEET RA THER THAN
THE REQUIRED 25 FEET
FOR THE CONSTRUCTION OF A RESIDENTIAL ADDITION ON PROPERTY LOCATED IN THE R-1
(URBAN RESIDENTIAL) DISTRICT AND THE SD (SHORELAND OVERLAY) DISTRICT
IDENTIFIED AS 16520 INGUADONA BEACH CIRCLE.
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, October 28,1996, at 7:00 p.m. or as soon thereafter as possible.
APPLICANTS:
Kelvin Retterath
2618 Grove Lane
Mound, MN 55304
PROPERTY
OWNERS:
Dave Yearling and Karlynn Benson
16520 Inguadona Beach Circle
Prior Lake, MN 55372
SUBJECT SITE:
16520 Inguadona Beach Circle, legally described as Lot 13, EXCEPTING
from said Lot 13 the following: Starting at the Southeast corner of said Lot
13 and running thence Northerly along the East line of said Lot 15 feet;
thence Northwesterly to the Southwest corner of said Lot; and thence
Southeasterly along the South line of said Lot 13 to the place of beginning;
AND the West half of Lot 15, AND all of Lot 14; INGUADONA BEACH, Scott
County, MN.
REQUEST:
The applicants are proposing to construct a residential addition with garage
on an existing lot which will have a front yard setback of 18 feet rather than
the required 25 feet.
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.
96-082va\96082pn.doc 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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: 10/15/96
2
96-082va\96082pn.doc
NOTICE OF HEARING TO CONSIDER THE FOllOWING VARIANCE:
A 2 FOOT VARIANCE TO PERMIT A SIDE YARD SETBACK OF 8.00 FEET RATHER THAN
THE REQUIRED 10 FEET
FOR THE CONSTRUCTION OF A RESIDENTIAL ADDITION ON PROPERTY lOCATED IN THE R-1
(URBAN RESIDENTIAL) DISTRICT AND THE SD (SHORELAND OVERLAY) DISTRICT IDENTIFIED AS
16520 INGUADONA BEACH CIRCLE.
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, January 12, 1998, at 6:30 p.m. or as soon thereafter as possible.
APPLICANTS:
Kelvin Retterath
2618 Grove Lane
Mound, MN 55304
PROPERTY
OWNERS:
Dave Yearling and Karlynn Benson
16520 Inguadona Beach Circle
Prior Lake, MN 55372
SUBJECT SITE:
16520 Inguadona Beach Circle, legally described as Lot 13, EXCEPTING from
said Lot 13 the following: Starting at the Southeast corner of said Lot 13 and
running thence Northerly along the East line of said Lot 15 feet; thence
Northwesterly to the Southwest corner of said Lot; and thence Southeasterly
along the South line of said Lot 13 to the place of beginning; AND the West half
of Lot 15, AND all of Lot 14; INGUADONA BEACH, Scott County, MN.
REQUEST:
The applicants are proposing to construct a residential addition with garage on
an existing lot with a side yard setback of 8 feet rather than the required setback
of 10 feet. A previous variance was granted to permit a front yard setback of 18
feet rather than the required 25 feet.
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: December 31, 1997
L:\97FILES\97V AR\97 -126\97126PN.DOC 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
AFFIDAVIT OF SERVICE BY MAIL
COUNTY OF SCOIT )
)ss
STATE OF MINNESOTA)
OJt1MJi ~ of the Ci~fPrior L~ So~ of Scott, State of
Minnesota, being duly s om, says on the, 'lit'day of ( (L(;/, ~
' e attached list of p. ~sons t have an interest in the ~ -I ~Io , -
. by mailing to them a copy thereof,
enclosed in nvelope, ostage prepaid, and be depositing same in the post office at
Prior Lake, Minnesota, the last known address of the parties.
Subscribed and sworn to be this
day of , 1997.
NOTARY PUBLIC
MAILAFFD.DOC
PAGB
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CITY OF PRIOR LAKE 16200 EAGLE CREEK AVENUE SE, PRIOR LAKE, MN 55372
Date: 3 --z--sce
Number of pages including cover sheet: l
To:
From~
Pat Lynch
Connie Carlson
Division of Waters
Planning Dept.
City of Prior Lake
Phone: 772-7910
Fax phone: 77 2 - 7977
CC:
Phone:
Fax phone:
(612)447-4230
(612)447-4245
.
REMARKS:
o Urgent
o For your review 0 Reply ASAP
o Please comment
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DATE: iJ-//D J c; 7
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TIME: 3d'tr)
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fiLE COpy
January 14, 1998
Kelvin Retterath
2618 Grove Lane
Mound, MN 55364
RE: Recording of Approved Variances
Dear Kelvin:
The purpose of this letter is to advise you the resolution approving a variance to
side yard setback on property located at 16575 Inguadona Beach Circle must be
recorded within 60 days of approval or the variance will be null and void per
Section 5-6-6 of City Code. Enclosed are two certified copies of the original and
a copy for yourself. One of the copies is to be recorded at the Scott County
Recorders office. The other copy is to be stamped as recorded by the recorders
office and returned to the Planning Department as proof of recording. A building
permit must be obtained by January 28, 1998 or the variances will be void as
approved by City Council on December 15, 1997. A building permit will not be
issued until proof of recording is submitted.
If you have any questions about this matter, please contact me at 447-4230.
11::::k j~
~~:r Tof;r
Planner
cc: Dave Yearling and Karlynn Benson
16520 Inguadona Beach Circle
1:\97fi1es\97var\97 -126\recdlet.doc
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
JAN- 5-98 MON 13:55
P _ 10 1
ADVANCE SURVEYING & ENGINEERING CO
5300 HIGHWAY 101 SOUTH
MINNETONKA, MINNESOTA 55345
PHONE: 474 7964
Attn~#;JY "%Y.4-~
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RESOL1JTION 96-35PC
A RESOLUTION GRANTING A V ARlAJ.'fCE TO PERl\1JT A FRONT YARD
SETBACK OF 18 FEET FROM INGUADONA BEACH CIRCLE RATHER THAN
THE LYffi'ffiv!1JNI REQillREIYIENT OF 25 FEET FOR A PROPOSED GARAGE
A1'ffi RESIDENTIAL ADDITION TO SINGLE FA.i\tllLY DWELLING
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lak:e, Minnesota;
FINDINGS
1. Dave Yearling and Karlynn Benson have applied for a variance from Section 4.2 of
the Zoning Ordinance in order to permit the construction of a garage and living area
addition to existing single family dwelling on property located in the R-l (Suburban
Residential) District and the SD (Shoreland Overlay) District at the following
location, to wit;
16520 Inguadona Beach Circle, legally described as Lot 13, EXCEPTING from
said Lot 13 the following: Starting at the Southeast comer of said Lot 13 and
running thence Northerly along the East line of said Lot 15 feet; thence
Northwesterly to the Southwest corner of said Lot; and thence Southeasterly
along L1.e South line of said Lot 13 to the place ofbegiTh-ling; ,~".iD the West half
of Lot 15, .A...i.'ID all of Lot 14; frJGUADONA BEACH, Scott County, NIN.
1. The Board of Adjustment has reviewed the application for variance as contained in
Case #96-098 and held hearings thereon on October 28, 1996.
2. The Board of Adjustment has considered the effect of the proposed variances upon
the health, safety, and welfare. of the community l (he eXiS1:Lrlg 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.
Bec3.use of condi::ons on the subjecT proper:-:r a.T1d orr the surrounding property, it is
possible to use [he suoject proper:y in suci 3. 'i'iay th2.[ ,he proposed variance will not
,esDlt in the imD2.ir=.e:-H of an 2.CeCnl2.,e supply of light and air to adjacent properties,
. . .
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danger to the public safety, unreasonably diminish or impair health, safety, comfort,
16200 Eagie Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fa;< (612) 447-4245
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morals or in any other respect be contrary to the Zoning Ordinance and
Comprehensive PI~.
3. The special conditi.o~s applying to the subject property are unique to such property,
and do not generally apply to other land in the district in which such land is located.
The unique circumstances applicable to this property include the substandard lot size,
the fact that the property was platted prior to the incorporation of the city.
4; The granting of the variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant. The variance will not serve merely as a
convenience to the applicants, but is necessary to alleviate demonstrable hardship.
The factors listed above do not allow for an altema!ive location of tb.e proposed
addition without this variance.
5. The contents of Planning Case 96-098 are hereby entered into and made a part of the
public record and the record of decision for this case. Pursuant to Section 5-6-8 of the
Ordinance Code this variance will be deemed to be abandoned, and thus will be null
and void one (1) year from the date of approval if the holder of the variance has failed
to obtain any necessary, required or appropriate permits for the completion of
contemplated improvements.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby grants and
approves the following variance for the proposed residential addition with garage;
1. A variance permitting a 18 foot setback from the Inguadona Beach Circle instead of
the required 25 foot setback. .
This variance is granted with the following terms and conditions;
1. The improvements shall be constructed in accordance with ,he si"Le plan
submitted by the applicant, and attached herew as Exhibir A.
Adopted by the Board of Adjusrment on October 28, 1996.
ff~Rc:;j~
William Criego, Chair' q
Donald R. Rye, Efanning luirec::or
V
[;\96 var\96-098va\res963 5.doc
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5-1 - 7
LJMITED RETREAT:
LOT:
LOT, CORNEA:
LOT, DEPTH OF:
LOT, MINIMUM AREA
OF:
LOT OF RECORD:
?> LOT, WIDTH OF:
MANUFACTURED
SINGLE-FAMILY
DWELLlNG:
896
'-
- '.:- :~
5-1- 7
A private, multi-purpose environment for use by
individuals and private groups for the purpose of
conferences, workshops, seminars, meditation
or training sessions. For the purpose of these
regulations, a limited retreat shall not include
restaurants for the general public, nor be
eligible for a liquor license.
,-~
A piece, parcel or plot of land occupied or
capable of being occupied by one or more
structures and intended as a unit for transfer of
ownership.
A lot situated at the junction of and abutting on
two (2) or more intersecting streets.
A mean horizontal distance between the front
and rear lot lines.
The measurements of a lot computed exclusive
of any portions of the right of way of any public
thoroughfare.
(,~
Any lot which individually or as a part of a
subdivision has been recorded in the office of
the Register of Deeds of the County.
Dimension of lot at front setback line and if
applicable, at the ordinary high-water leveL
A structure, transportable in one or more
sections, which in the traveling mode is eight (8)
body feet or more in width or forty (40) body
feet or more in length, or when erected on site
is three hundred twenty (320) or more square
feet and which is built on a permanent chassis
and designed to be used as a dwelling with a
permanent foundation when connected to the
required utilities and includes plumbing, heating,
air conditioning and electrical systems
contained therein. No manufactured dwelling
shall be moved into the City of Prior Lake which
does not meet the Manufactured Home Building
City of Prior Lake
~
, '
5-8-3
2. Sewered Lakes
Natural Environment:
_.>,.:." ~:':~t:':~':.>,,-::;.,,: ,,'_~..;...~__
Riparian Lots
Area YYlQ!h
Non-Riparian Lots
Area Width
Single
Duplex
Triplex
Quad
40,000
70,000
100,000
130,000
Recreational Development:
125
225
325
425
20,000
35,000
52,000
65,000
100
220
315
410
Riparian Lots
Front
Area Width
Non-Riparian Lots
OHW Lot Lot
Width Area Width
Single
Duplex
Triplex
Quad
, 5,000
35,000
50,000
65,000
90
135
195
255
75
75
75
75
12,000
26,000
38,000
49,000
General Development:- "?'-;';l' Sr"''''::) L", ~ ~
~ :::rii
~gte
Duplex
Triplex
Quad
15,000
26,000
38,000
49,000
Tributary:
90
135
195
255
75 .-J
70
75
75
Area
, 2,000
, 7,500
25,000
32,500
Riparian OHW
Lot Widths Lot Width
Single 86 75
Duplex 115 75
Triplex 150 75
Quad 190 75
-There are no minimum lot size requirements for rivers and streams.
896
City of Prior Lake
; ~~-~: ~:.-~:~~?::~~~;;~~-f:~:;~~~r.~i:-:
5-8-3
.~
\
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135
1S?-
245
/'>~
,: .;_.....
"-,
86
135
190
245
.........~.;'"""".~.-
y--
,- .
5-1 - 7
V A.RIANCE:
WATER-ORIENTED
ACCESSORY
STRUCTURE:
YARD:
YARD, FRONT:
./
YARD, REAR:
YARD, SIDE:
WETLAND:
896
5-1-7
A waIving by Board action of the literal
provisions of this Zoning Title in instances
where their strict enforcement would cause
undue hardship because of circumstances
unique to the individual property under
consideration.
---...
A building of one hundred twenty (120) square
feet or less used to store boating accessories
and equipment located on lake shore lots that
contain steep slopes equal to or greater than
twenty percent (20%) which because of the
relationship of its use to a surface water feature
reasonably needs to be located closer to the
lakeshore ordinary high-water mark (OHW) than
the normal structural setback requirement
A required open space on a lot which is
unoccupied or unobstructed by structures from
ground level upward.
A yard extending across the full width of the lot
and lying between the front property line of the
lot and. the nearest parallel line drawn across
the front of the principal building.
c_
For lakeshore property, the front yard shall be
considered that part of the lot that is between
the road and the nearest parallel line drawn
across the front of the principal building.
A yard extending across the full width of the lot
and lying between the rear line of the lot and
the nearest parallel line drawn across the rear
of the principal building.
'-'
A yard between the side line of the lot and the
nearest line of the principal building and
extending from the front line of the principal
building to the rear line of the principal building.
A surface water frontage classified as a wetland
in the United States Fish and Wildlife Service
Circular No. 39 (1971 Edition). '(Ord. 93-01,
3-1-1993; Ord. 93-12, 5-17-1993; Ord. 95-03,
2-6-1995; Ord. 96-13, 5-25-1996)
City of Prior Lake
~.
<17 - J d7
fiLE COpy
December 16, 1997
Dave Yearling and Karlynn Benson
16520 Inguadona Beach Circle
Prior Lake, MN 55372
Kelvin Retterath
2618 Grove Lane
11ound,~ 55364
Dear Dave, Karlynn and Kelvin,
On December 15, 1997 the City Council approved a 90 day extension of your variance.
The 90 day extension to acquire the necessary and required permits will expire on
January 28, 1998. The approved project is on the attached Exhibit A. This shows a 22
foot wide garage. The tape from the meeting states that the actual garage will be 24 feet
wide. Unfortunately, this is not the specific site plan as approved by the Planning
Commission in Resolution 96-35PC.
Additionally, the transcript of the meeting indicates your lot is a substandard lot, not
meeting the minimum lot width requirement. A review of the survey indicates a lot width
of approximately 80 feet at the front property line. However, the minimum lot width is
determined at the required building setback (see attached definitions). In this case, the lot
width at the front yard setback exceeds 90 feet, making your lot conforming under city
standards. The setback requirements for a lot meeting lot width and area requirements are
25 ' front yard, 25' rear yard, 10' side yard. Bluff and High Water setbacks also apply.
Therefore, a variance will be Ilecessary to encroach on the required 10 foot side yard as
planned.
The Planning Department apologizes for the miscommunication and will waive the
variance fee. Staff is not in a position to ignore the ordinance. This is a decision that
must be made by the Planning Commission. The following information must be
submitted by December 26, 1997 to process this variance for the January 12, 1997
Planning Commission meeting:
. Names and addresses of property owners within 100 feet of this property. This can be
from a certified abstract company for obtained from the Scoot County Auditor. The
)
L:\97FILES\97V AR\97-127\LETTER.DOC 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
list must be submitted with a map indicating the properties listed and mailing labels
must be included.
. Completed variance application with the property owners signatures.
. Lot width at the frQnt yard setback.
. Revised survey indicating side yard setback of proposed garage. This will determine
the variance requested.
We will expedite building permit review to accommodate the deadline as much as
possible. Please call me if you have any questions.
Sincerely,
{l:~ Jn~
Planner
L:\97FILES\97V AR\97-127\LETTER.DOC
2
_~~_.~,' ,.\>:'\....----"-)-.t"'TV,.~..--.---; ~'.- ......-...... ...............~_........--.____ ...,.:'__.,.:<""'.=.....-..,.~~;- ....".,.. --;.',',..~,--_,- ..~ ","'.c~-',_--.::--.....or:~ ..--.;y;~.~...,...~,~- "':"' 0-: :.~':'" . .~."......_......~~,-...-.~ -:~, ". :_......,-~.-:,..;""::;;o:'__-'"
Thr Crntrr of thr Lake Country
White - Building
Canary - Engineering
Pink - Planning
BUILDING PERMIT APPLICATION DEPARTMENT CHECKLIST
NAME OF APPLICANT
APPLICATION RECEIVED
tB,y. ;2. Col15rJrUOD"Oh
jj fJ~J Cj 7
.
The Building, Engineering, and Planning Departments have reviewed the building permit
application for construction activity which is proposed at:
1&');;)0 :r:n~ ~ u.~k
Accepted \/ Accepted With Corrections
Denied -I
Reviewed By: (}~ d{/(jO(/L) Date: I/:)~/'f!
Comments: ~TZ-l: S l~ ) ~c/2.5 0 Ie f2R/
\/cur .t:t Cj 7 - I d /..tJ c:LtlacNel ~tI 4/cft:4Jrvr. 9 ~ -$ sf<.
!J;,n~ ~Q -0<;, au) L~udf"":r-u 3O'7a to 9.;>9.0c)
"The issuance or granting of a permit or approval of plans, specifications and
computations shall not be construed to be a permit for, or an approval of, any violation of
any of the provisions of this code or of any other ordinance of the jurisdiction. Permits
presuming to give authority to violate or cancel the provisions of this code or other
ordinances of the jurisdiction shall not be valid."
- YINIMlIM ~E:B':'C:' _'NE
-
......,
PAGE 01
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Criego:
Tovar:
Retterath:
Criego:
Stamson:
Criego:
Wuellner:
Tovar:
Wuellner:
important to the building. That's why the building is as far forward as it
is. I guess as a general comment the way the garage is setback from the
house...inaudible... One thing Jenni and I discussed on Friday, this
was a later development and was related to the width of the structure.
I was told that because it is a substandard lot, the 10 foot side yard
setback was inapplicable in this instance. And physically I would like
to have a 24 foot garage. Inaudible... with the 22 foot we are
proposing, it is less than the standard. With 8 feet on the side you can
still sneak around the back for access if we need to. That's what I was
informed the other day prior to the meeting.
Are we asking for a side yard?
No. No, they'll be asking for the 18 foot front yard variance. Legally
he can go up to 5 feet ... inaudible ... They're going down to 18 feet at the
edge of the house.
I spent some time with the City Planning Department and in Fridley...
Inaudible...Dialogue regarding parking.
Are there any other comments? Thank you. Okay, we'll open it up to the
commissioners for discussion. Commissioner Stamson.
My feelings are given the age of the house, the fact that it is on a
substandard lot. That the current owners really had no control over the
design of the house or the lay-out or the odd shape of the lot. It seems like
the variance is acceptable and in order to me. It seems to me it falls in
with the character of the neighborhood, the setbacks of the other houses.
So, I'm in support of granting the variance.
Commissioner Wuellner:
Staff, was there a setback averaging attempt here?
The setbacks are to the east... the east and south. This one here is a
setback of 30 feet and this one is 20 feet.
Again, given the particular situation of this particular structure. This is
probably the largest substandard lot I have ever seen. But, I really don't
have a problem with the way it is proposed. The circumstances related to
the property have a problem that I think, I go along with staff on that. I
would like to make the comment. This to me is one of the most significant
architectural structures on the lake and I really appreciate the design
proposed on this. I live across the lake from this house and appreciate
how this is going to turn out.
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