HomeMy WebLinkAboutMay 13, 1996
REGULAR PLANNING COMMISSION AGENDA
MONDAY, May 13, 1996
7:00 p.m.
1. Call Meeting to Order:
2. Roll Call:
3. Approval of Minutes:
4. Public Hearings:
96-012 - CONSIDER THE PRELIMINARY PLAT FOR THE PROJECT KNOWN AS
"EAGLE CREEK VILLAS"- SUBDIVIDE 13.5 ACRES INTO TWO LOTS AND THE
EXTENSION OF PRIOR WOOD STREET. (4.A OF 4/22/96 AGENDA)
96-029 - JENNIFER LAMBERT - ZONING ORDINANCE TO PERMIT CERTIFIED
THERAPEUTIC MESSAGE IN CERTAIN COMMERICAL LOCATIONS. (4.B OF
4/22/96 AGENDA)
96-034 - PHEASANT MEADOW - CONDITIONAL USE PERMIT, TOWNHOMES
SOUTH OF 170TH AND EAST OF THE SUNSET HILLS SUBDIVISION.
96-037 - ZONING ORDINANCE AMENDMENT REGARDING INV ALIDA TION OF
VARIANCES.
96-027 - COOPERATIVE POWER ASSOCIATION - VARIANCE REQUEST FOR
THE PROPERTY AT COUNTY ROAD 42 AND TIMOTHY A VENUE TO
CONSTRUCT UTILITY POLE. (4.C OF 4/22/96 AGENDA)
96-030 - ROBERT OSTIDIEK - VARIANCE REQUEST FROM THE CITY CODE TO
CONSTRUCT A POLE BARN ON THE PROPERTY AT 4510 JACKSON TRAIL SE.
(4.D OF 4/22/96 AGENDA)
96-031 - ANDREW SIEBENALER - VARIANCE REQUEST FOR THE PROPERTY
AT 3842 PERSHING STREET TO CONSTRUCT A 2-CAR GARAGE. (4.E OF
4/22/96 AGENDA)
96-032 - MICHAEL LEITCRMAN - VARIANCE REQUEST FOR THE PROPERTY
AT 3044 170TH STREET TO CONSTRUCT A SINGLE F AMIL Y HOME. (4.F OF
4/22/96 AGENDA)
16200 ~~k Ave. S.E., Prior Lake, Minnesota 9gt3J'J2-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
96-035 - THOMAS MANSK - VARIANCE REQUEST FOR PROPERTY AT 14840
OAKLAND BEACH A VENUE TO CONSTRUCT AN ADDITION AND GARAGE.
5. Old Business:
96-039 - CONTINUATION OF ZONING ORDINANCE AMENDMENT REGARDING
SIDE YARD SETBACKS, REPLACEMENT OF NON-CONFORMING DECKS;
HOME OCCUPATIONS AND CITY REIMBURSEMENT COSTS.
6. New Business:
7. Announcements and Correspondence:
New Planning Commission members
8. Adjournment:
AGOSI396.DOC
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PLANNING COMMISSION MINUTES
April 8, 1996
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The April 8, 1996, Planning Commission Meeting was called to order by Chairman
Kuykendall at 7:00 p.m. Those present were Commissioners Criego, Loftus, Wuellner,
V onhof and Kuykendall, City Planner Don Rye, Assistant Planner Michael Leek and
Recording Secretary Connie Carlson.
ROLL CALL:
Criego
Wuellner
V onhof
Loftus
Kuykendall
Present
Present
Absent
Absent
Present
Commissioner Vonhofarrived at 7:05 p.m. and Commissioner Loftus arrived at 7:06 p.m.
Note change of spelling on Commissioner Criego's name on pages 11, 14 and 16.
MOTION BY WUELLNER, SECOND BY CRIEGO TO APPROVE MINUTES.
Vote taken signified ayes by Wuellner, Criego and Kuykendall. MINUTES
APPROVED.
CONSENT AGENDA: RESOLUTION 96-11PC (Gene Tremaine Variance)
RESOLUTION 96-lOPC (John Schoeller/Carol's Furniture)
MOTION BY CRIEGO, SECOND BY WUELLNER TO APPROVE RESOLUTIONS.
Vote taken signified ayes by Criego, Wuellner & Kuykendall: MOTION CARRIED.
PUBLIC HEARING:
4.A AN ORDINANCE AMENDING TITLE 5, SECTION 5-4-1, OF THE CITY
CODE AND SECTION 4.1 OF THE PRIOR LAKE ZONING ORDINANCE 83-6
PERTAINING TO SETBACKS; TITLE 5, SECTION 5-5-8, SECTION 6.8 OF THE
PRIOR LAKE ZONING ORDINANCE 83-06 PERTAINING TO HOME
OCCUPATIONS; AND SECTION 5-7 OF THE PRIOR LAKE CITY CODE AND
SECTION 7 OF THE PRIOR LAKE ZONING ORDINANCE PERTAINING TO
REIMBURSEMENT FOR CITY COSTS.
Assistant Planner Michael Leek presented the information from the Staff Report dated
April 8, 1996.
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Amendment Permitting One 5' Side Yard Setback and Permitting Replacement of
Non-conforming Decks: These proposed amendments grew out of the 1995 variance
summary report. As the Commission has observed in various discussions, the granting of
one 5' side yard setback, particularly on non-conforming lots of record in the Shoreland
District, has become fairly commonplace. The proposed amendment provides for a
minimum structure separation for health, safety and welfare reasons.
Similarly, the granting of variances to permit replacement of non-conforming decks has
become commonplace. In 1995, the City Council passed an ordinance which permitted
such replacement without a variance everywhere but in the Shoreland District. The
proposed amendment would allow replacement in all districts.
Home Occupations: The proposed amendment would simply make home occupations
permitted, accessory uses in the residential zoning districts, without need of formal
administrative or Planning Commission review. This is viewed as desirable, particularly
in light of the increasing numbers of people wishing to engage in reasonable occupations
out of their homes. The criteria is still quite stringent, so that occupations like small
engine, auto and marine repair would probably not qualify as permitted accessory uses.
The Commission could, in fact, enumerate types of occupations which it feels would not
qualify as permitted home occupations.
Reimbursement of Costs: As development steams toward the City, the types of projects
have become, and will continue to be, quite complex. The City's current fee structure
cannot keep up with the costs incurred for complex projects, particularly those requiring
additional attorney or consultant services. The proposed amendment would give the City
Manager discretion to require reimbursement in certain cases.
Comments from the audience:
Tom Foster, 5795 Shannon Trail, had a concern in Section 4.1B of the Ordinance and felt
the same deck elevation should be addressed as well. He felt there could be problems if
someone raised a ground level deck.
Comments from Commissioners:
Loftus:
. Vast difference in some of the issues. When the City has a number of the same
requests for variances and grant 5 yard setbacks each time common sense would tell
us to make a general rule of this. As long as the separation between buildings are a
certain distance - will be supportive.
. In the discretion of the City Manager - If the City Manager feels there has to be a
number of additional reviews I can understand the necessity of an ordinance.
. The Home Occupation issue is a revamping of what home occupation as been. This is
not a standardization. In the existing Ordinance the City has allowed at least one
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employee who does not reside at the residence to come to the home. This would be a
major change. Has difficulty with this change.
· Supportive of side yard setback and reimbursement of City costs.
V onhof:
· Supportive of 5 yard setback as it stands.
· Question to staff regarding decks - Does that apply to any setback if it was a
nonconforming setback? Leek said it would apply to any setback.
· One problem the City could have would be with past records. People will bring in the
original survey which does not show a deck and will say it exists and there's no
permit or paperwork. There should be some language to say it was a legally
recognized structure by the City. Leek responded if the resident was not able to
document its existence then the City should not allow reconstruction.
· Rye suggested inserting the word "legally" between "deck" and "existing".
· Home Occupation Permit process - Under these criteria someone could put a sweat
shop in a residential area and it would be legal under this criteria. The City or
Planning Commission should retain some control.
· Reimbursement for City Costs - Good idea. Is the City going to run into any legal
problems for cost?
· Rye explained it is a normal procedure. The City could get into the middle of a
project then realize they need 40 hours of the City Attorney's time to unravel
something. At that time the City takes a pretty good hit if they are not able to recover
the costs. It is costs the City would not routinely cover in circumstances where an
environmental or traffic study or a consultant is required. It goes beyond the normal
fee schedule.
· Leek pointed out the Ordinance would provide a notice of those anticipated additional
costs and an estimate of those costs would be provided as soon as possible so the
notice issue is taken care of as well.
Wuellner:
· 5' side yard setback - question on impacting new developments.
· Leek responded it would have an impact on all new developments.
· Not comfortable with this. The Commission granted 5' side yard setback variances
for substandard lots. If someone has a reasonable size lot what is the sense in just
giving a 5' side yard variance? If the intent is to make it easier to develop a
substandard lot he would support. Would like to see it rewritten to apply only to
substandard lots (in terms of width).
· Support the home occupation revision.
· Reason for adding the 10% of the flooring? Leek said there is a trade off
contemplated. Right now there is a specific permit, cost and process. Looking at the
home occupations historically there are a number of home occupations the City does
not know about or are inconsistent with what the City would grant. For example
there are a number of small engine repair businesses in residential areas which is not
appropriate. In exchange for "making it easier" to get started in a business, on a small
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scale, the provision is intended to somewhat restrict the way in which that home
occupation can be operated so if it expands beyond the appropriate the applicant
should start looking for a business district location to operate.
Criego:
. On the deck issue - There are situations where decks come right up to the side line
boundary. That deck will rot away and under this Ordinance it can go back up the
way it is.
. Leek said under this draft ordinance it could. In fact under the Ordinance right now
outside the Shoreland District it could.
. Shoreline? Leek responded right now the code is written in such a way a person
cannot replace a deck within the a shoreland district that is nonconforming. Under
this proposed ordinance it is a blanket provision that would apply to all existing decks
meeting the criteria whether they are in the shoreland district or not.
. Rye brought up the issue of building code limitations and distance from the property
line. Typically it would require a two or three foot setback. The City will verify with
the building department.
. 5' setback _ agree with other Commissioners. Approved on mainly substandard lots.
F eel uncomfortable to allow any development go beyond the 10 feet. Like to see
wording changed.
. Home Occupation - It seems very limiting. Understand logic but should have
additional wording or change the 10%. It does not need to come before the Planning
Commission or Staff.
. Reimbursement for city costs - As a City we are trying to promote development in
our community. Under this request we would be charging the developers an extra
amount of money. There is too much discretion to the City Manager.
. It shows anti-development. Will not support with the proposed language.
Kuykendall:
. Reimbursement Issue _ disagrees - It represents good management process. This is
not a problem. Any business knows if they try to push something through they know
they will have to pay the additional fees. Supports the reimbursement issue as is.
. Home Occupations - Do not use a percent. Agrees with Criego. Floor area excludes
garage.
. Rye explained the Ordinance does not include accessory structures.
. Retail sales produced on site - could encourage warehousing and distribution. Hate to
see that allowed on site.
Kuykendall:
. No opposition with discretion of Planning Director. Could add additional verbiage,
something relating to the discretion of the Planning Director.
. Rye stated from his perspective it is an option he would not want in the Ordinance. If
it is going to be subject to some review then the City should continue with the present
procedure. Otherwise make it a permitted use because each application would be
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challenged. Two-thirds of the home businesses do not come into City Hall. If
someone starts to repair motorcycles in their garage and the neighbor complains the
City has a basis to deal with it. 98% of the occupations operate within the Ordinance.
V onhof:
· Agrees - Question if the City has a complaint that applies within the ordinance but
not within the intent of the Ordinance. Rye said the language in the proposed
Ordinance represents the experience of a number of communities. This language is
fairly standard in its application.
Leek suggested language "or any other nuisance factor shall not be discernible at the
property line." In case there is some nuisance factor the City has not thought about that
may arIse.
Loftus:
· Nobody mentioned a clerical person such as a bookkeeper coming to a home. Some
person coming to the residence to do work. Where do the other businesses sit that
have an existing business? Would like to see a "go slow approach". As a
Commission we should try a pilot program. We should try to apply it, not hurry it
along.
Criego:
· This is not a major issue. Delaying it does not resolve it. Add the 1 employee with
the home occupation.
Kuykendall:
· 5' setbacks - Should only apply to substandard lots.
OVERVIEW:
· ITEM ON DECKS - insert the word "legally" between "deck" and "exists on the
date."
· REPLACEMENT DECK OF THE SAME SIZE - insert "location" and
"configuration of the deck at the time, etc."
· CHECK BUILDING CODE REGULATIONS - Rye said Staff will look at the
building code and determine whether or not there are specific setback requirements
for a deck in that circumstance and if not, provide a provision which would not to
allow construction up to the property line.
· SIDE YARD SETBACKS - Only related to substandard lots with respect to width.
Some subdivisions are presently approved for substandard lots. Reference as lots of
record prior to 1987.
· HOME OCCUPATIONS - Supporting as long as language is added to limited to one
employee and #G. Objectionable to noise, etc. Limit to a maximum amount of 300
sq. feet or 10% whatever is greater.
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. REIMBURSEMENT COST TO THE CITY: Manager make a recommendation to
City Council for Council action.
MOTION BY LOFTUS, SECOND BY WUELLNER, FOR STAFF TO MAKE
RECOMMENDA nONS AND BRING BACK TO THE COMMISSION FOR REVIEW.
Vote taken signified ayes by Loftus, Wuellner, Criego, Vonhofand Kuykendall.
MOTION CARRIED.
Chairperson Kuykendall closed the public hearing.
4.B 96-026 - MURIEL ROUNA V AR V ARIANCE REQUEST FOR 16594
INGUADONA BEACH CIRCLE: STREET AND LAKESHORE VARIANCE
REQUESTS.
The Planning Department received a variance application from Muriel Rounavar who
proposes the construction of a new house with attached 3-car garage on the subject site,
which is legally identified as Lots 6 and 7, "INGUADONA BEACH", Scott County,
Minnesota. The applicant requests 3 variances; 1) a 17.5' lakeshore variance to permit a
lakeshore setback of37' instead of the 54.5' feet permitted under the lake shore setback
averaging provision of the Shoreland Ordinance, and 2) a 5' front yard setback variance
to permit a setback of20' instead of the required 25'.
Michael Leek presented the information from the Staff Report dated April 8, 1996. Staff
concluded reasonable use of the property can be had, and legal alternatives exist to
accomplish the applicant's objectives and thus the Ordinance criteria had not been met.
Patrick Lynch, III, Area Hydrologist of the Department of Natural Resources submitted a
letter of objection to the requested variances stating he does not feel an adequate attempt
to design a structure which considers the lot constraints and required provisions of the
Shore land Zoning Ordinance had been made.
Comments from the public:
Bud Waund spoke on behalf of the applicant and the current owners of the property. Mr.
Waund handed out information packets to the commissioners and went on to explain the
proposal and changes. He said he met with Staff and was told of the new Shore land
Ordinances and realized the proposed home was too large for the lot. According to Mr.
Waund's calculations and compromises the house does fit into the building envelop.
Staff did not previously view the revised plan and calculations.
Muriel Rounavar, 16037 Northwood Road NW, lived on Prior Lake for 5 years and
owned lake property in Michigan for almost 30 years. She is aware of ecology and the
environment and is not trying to put a white elephant on the lot. She feels she is not
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asking for the world just asking to be fair and would like to see her home on this
property .
Bill Brastad, 4808 11 th Ave South, Minneapolis, stated they bought the property 42 years
ago and at the time the property was in Spring Lake Township. It was a summer cottage.
All the neighbors have turned their summer homes into year round homes. He would like
the applicant to have the home she really wants. He has been at other hearings and
applicants were granted several variances. He is urging for a fair setback from the lake so
the buyer's home will not have to be back further from the rest of the neighbors.
A recess was called at 8:50 p.m. The meeting reconvened at 8:57 p.m.
Comments from Commissioners:
V onhof:
· Clarification from the staff and applicant's lakeshore measurement. Leek read
Ordinance Sec. 9.3D2 regarding setback averaging from the Ordinary High Water (0-
H-W) mark or 50 feet whichever is greater, and further explained the measurements.
· Measurement from lakeshore - Leek explained the 904 O-H- W measured from the
adjoining lots. There is a specific survey that shows the 904 O-H- W elevation.
· Cannot see where the hardship criteria has been met especially with the building
envelop.
Wuellner:
· Cannot disagree with V onhof. The law is very exact.
· There is no choice but to deny the request. The hardship criteria has not been met. A
home can be built within the envelop.
Criego:
· No further comments.
Loftus:
· Leek explained the average lakeshore setback.
· Rye said the operable dimension is now a setback of37 feet.
· The neighbors are closer to the lake because of existing variances and circumstances.
· Question of property being a substandard lot in the Shoreland District. Leek stated
the lot exceeds 10,000 sq. feet which is substantially larger than the 7,500 sq. feet
which is buildable without a variance under the Shoreland Ordinance.
· The slope is not a location issue.
· Mr. Waund said they are proposing a triple garage. Also a neighbor is interested in
buying part of the adjoining Lot 8. If applicant sold part of the lot, she would be able
to build the house she designed. They could shift the house on the lot.
· Leek said there are a couple of issues related to that and pointed out the lakeshore
measurement. Selling part of the lot is shrinking the building envelop. It would also
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require an administrative land division where variances would be required. The
process would have to be approved by City Council. There are many variables being
talked about.
Kuykendall:
. Based on the information there is a buildable area of 40 feet by approximately 75 feet.
. Waund: The new plan for the house is proposed at approximately 2,900 sq. feet
including the garage.
. Leek asked what is the proposed finished lower level of the house be? Mr. Waund
said where between 2,200 and 2,300 sq. feet.
. The Commission has to work within the variance hardship standards. The applicant
can put a reasonable one story house as well as a two story house on the lot.
Muriel Rounavar said she wanted a one story as a retirement home and wants all living
space on one floor. She doesn't feel the neighbors would like a two story house.
Bob DeMarse, 16576 Inguadona Beach Circle, said there is probably not a legal lot size
in the area. The applicant would make a reasonable improvement to the area.
MOTION BY VONHOF, SECOND BY CRIEGO, TO DENY THE APPLICATION
BECAUSE OF FINDING A LACK OF DEMONSTRATED HARDSHIP UNDER THE
ZONING ORDINANCE CRITERIA UNDER RESOLUTION 96-12PC.
Discussion: The Commission has to follow the restrictions and ordinance. The applicant
can build a very nice house within the building envelop. This does not prohibit the
applicant from building a home. The DNR is also stating there is not a hardship.
Vote taken signified ayes Vonhof, Criego, Wuellner, Loftus and Kuykendall. MOTION
DENIED.
Commissioner Kuykendall closed the pubic hearing.
A recess was called at 9:29 p.m. The meeting reconvened at 9:31 p.m.
OLD BUSINESS:
Joint Meeting with City Council on May 20, 1996. Chairman Kuykendall will draft an
annual report.
There was a short discussion on Planned Unit Developments.
Don Rye briefed the Commissioners on a letter from the Met Council regarding the
Comprehensive Plan.
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MOTION BY LOFTUS, SECOND WUELLNER TO ADJOURN.
Vote taken signified ayes by Loftus, Wuellner, Criego, V onhof and Kuykendall.
MOTION CARRIED.
The meeting adjourned at 9:50 p.m.
Don Rye
Director of Planning
Connie Carlson
Recording Secretary
MN040896.DOC
PAGE 9
AGENDA ITEM:
SUBJECT:
SITE:
PRESENTER:
PUBLIC HEARING:
DATE:
INTRODUCTION:
PLANNING REPORT
4.A.
Public hearing to consider application of "Eagle Creek
Villas" for preliminary plat approval for the development
known as "Eagle Creek Villas."
13.541 acres of land located between Five Hawks Avenue
and Duluth Avenue to the Northwest of STH 13, Prior
Lake, Minnesota
M~chael Leek, Associate Planner, John Wingard,
Assistant City Engineer
_X_ YES _NO-N/A
April 22, 1996
The purpose of this public hearing is to consider an application for preliminary plat
approval for the project known as "Eagle Creek Villas". The proposed preliminary plat
consists of 2 blocks, each containing 1 lot, and an outlot. The overall project consists of
20 buildings with 2 units each, for a total of 40 units. Once constructed, the project
would proceed under a "condominium plat". The proposed preliminary plat indicates
individual lots and duplex units upon each lot. It should be noted the duplex units are
indicated for illustrative purposes only, they do not represent a present request for lot
subdivision.
REVIEW PROCESS:
Because two family dwellings are a "permitted use" in the R2 zoning district, the
applicants do not need to proceed with a conditional use permit. Nor are the applicants
seeking PUD status for the project, or any variances from either the Zoning or
Subdivision Ordinances. Thus the only matter under review is the applicants' 2 block
subdivision.
SITE ANALYSIS:
The subject site consists of approximately 13.541 acres and is located between Five
Hawks Avenue and Duluth Avenue to the northwest of STH 13. The current Land Use
Plan designates the site as Low Density Residential (up to 10 dwelling units/acre). The
parcel is not located in the SD-Shoreland District.
16200 ~~S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
The site contains 3 natural features of note; l) a wetland on the North, 2) 2 areas of steep
slopes on the Southwest and Southeast, and 3) several existing trees. The proposed
project is, of course, subject to the recently adopted tree preservation ordinance (Section
6.16 of the Zoning Ordinance).
ZONING COMPLIANCE:
Lot and Setback Requirements:
The following table indicates the requirements for a standard subdivision in the R-2,
Urban Residential Zoning District and the proposed standards for Eagle Creek Villas:
STANDARD SUBDIVISION
Table 1
PROPOSED EAGLE CREEK VILLAS
Maximum Unit 5.5 Units per Acre Maximum Unit 2.95 Units per Acre
Density Density
30' from
Flood
Lot Area:
iIlUIt":
Front Setback:
~.
Wetland Setback
As can be seen from the table above, the proposed project is in compliance with relev~t
Ordinance requirements.
Landscaperrree Preservation Requirements:
The proposed development is subject to provisions of the Landscape Ordinance. The
developer will be required to install an irrigation system and a letter of credit will be
required to cover the estimated cost of both the landscaping and irrigation system. The
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project is also subject to the provisions of Section 6.16 of the Zoning Ordinance, i.e. the
tree preservation ordinance. The applicants have provided an inventory as required by
this ordinance, but will be required to provide a preservation plan which shows which
significant trees are to be removed and which are to remain, as well as the size, type and
location of any replacement trees which might be required.
PRELIMIN1\RY PLAT ANALYSIS:
The preliminary plat is the legal document identifying the proposed lot locations, areas
and dimensions, road location, storm sewer, grading, location and grade of sewer and
water as well as proposed tree planting. Once preliminary plat approval is granted by the
City Council, the property owner has a vested interest in the plat. For one year following
preliminary plat approval, no ordinance amendment shall apply to or affect the use,
development density; lot size, lot layout, dedication required or permitted by the
approved preliminary plat.
The proposal consists of 20 duplex units. As a part of the project, Priorwood Street
would be extended from Five Hawks on the West to Duluth Avenue on the East. The
proposed units would be located along the proposed street and a private driveway located
on the North side of proposed Priorwood Street.
There is an existing drainage and utility easement on the south-central portion of the site
which should be vacated by the City before approval of final plat. The applicant has
shown a new easement which would be dedicated as a part of this plat to replace the
vacated easement
Finance Assessment/Fee Review:
See Exhibit A, memorandum from Finance Director Ralph Teschner dated March 12,
1996 for reference to this issue.
Park Analysis (Prepared by Paul Hokeness, Parks and Recreation Director):
The park dedication for Eagle Creek Villas will be cash in lieu of land. The cash
contribution is 10% of the gross acreage of the site multiplied by $1,300.00. This plat has
a total acreage of 13.541 acres, which would represent a total cash contribution of
$17,609.30. Payment is due prior to release of the final plat.
SidewalksfI'rails:
The extension of Priorwood Street from Five Hawks A venue to Duluth A venue will
include the construction of a 5 foot wide concrete walk to be built on the south side of the
street. The costs associated with the construction of the sidewalk along Priorwood Street
will be the developers responsibility. The 250 foot section of sidewalk along the existing
stub street of Priorwood, will be the City's responsibility. See Exhibit B for a layout of
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the existing sidewalks/trails in the Five Hawks Avenue area. The City is meeting with
ISD 719 representatives to layout the trail system west of Five Hawks Avenue. The
proposed trail extension would connect to the existing trail constructed in the Westbury
Ponds development.
. j
Engineering Review (prepared by John Wingard, Assistant City Engineerr,
Sanitary Sewer:
A 15" sanitary sewer was constructed through this site in 1973. The sewer line serves the
Creekside Circle neighborhood and flows northerly along the creek to the area where the
proposed priorwood Street will cross. The 15" sanitary sewer then flows westerly along
the north edge of Priorwood Street to the west edge of this development. Then the sewer
line turns and flows north to Cates Street. The construction of Priorwood Street will
improve the access capabilities for the City's maintenance personnel to this existing
sewer line.
The developer proposed to connect 16 of the proposed 40 units directly to the existing
15" sanitary sewer line. The other 24 units will be served by two new 8" lines that t!e
developer proposes to construct that will connect to the existing 15" sanitary sewer line.
Grading/Erosion Control:
Almost the entire parcel will be disturbed by the grading required to prepare the site. The
southwest comer of the site and the water quality pond in the northeast comer of the site
will require 6 to 8 feet of cut. The area where the units will be built around the private
driveway will require 3 to 6 feet of fill. The east one-third of the site, and the low ~
300 foot east of the west end of the site will require 8 to 10 feet offill.
Since the development will be short of dirt, the developer will need to make arrangements
to purchase fill to grade this site. The fill will need to be truck-hauled on Five Hawks
Avenue or Duluth Avenue.
The developc::rj'r~oses to construct 300 feet of boulder retaining wall ranging in height
from 2 to 4 feet along the south pro,pert;' 1. .
The preliminary grading plan shows that 4 to 8 feet of fill will be placed over sections of
the existing 15" RCP sanitary sewer line. In some areas the existing pipe only has 4 feet
of cover over the line. When the developer's grading contractor places the fill over the
line, special care will be necessary to protect the pipe. The City intends to televise the
sewer line during the month of May 1996 to inspect the line before this project begins.
The developer will be responsible for any damage done to the existing 15" RCP sanitary
sewer line during the grading, utility, and street construction.
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The development will be required to comply with the City's erosion control standards.
Whenever possible, a grass buffer strip should be provided along the edge of wetlands to
limit erosion.
Watermain:
An 8" watermain is proposed to be constructed through this development from an 8" stub
in the existing Priorwood Street to an existing 8" line in Duluth A venue. The construction
of this line will provide another loop to the City's system and eliminate the dead end
water line that is located in Priorwood Street.
Sanitary Sewer and Water Services:
As shown on the preliminary utility plan, an individual sewer and water service shall be
provided to each of the 40 units.
EasementslRight-of- Way:
The preliminary plat shows the dedication of 55 feet of right-of-way for Priorwood Street
which should be adequate to meet City standards for a 36 foot wide back-to-back street
with a 5 foot wide concrete walk along the south side.
The developer will be required to dedicate 40 feet of half right-of-way for Duluth Avenue
at the time of final plat, to accommodate the future upgrading of this street to a two lane
urban design with sidewalk/trails.
The developer will be required to dedicate drainage and utility easements over the
wetlands, creeks, storm water ponds, and over all sewer and water lines constructed
outside of the dedicated right-of-way. Along the west edge of Lot 1 of Block 1, the fmal
plat shall dedicate a 20 foot wide drainage and utility easement from the center of the
existing IS" sanitary sewer line to the east to protect this 20 foot deep line.
Storm SewerlWetlandslWater Quality:
Storm water runoff will be directed to a 0.5 acre water quality treatment pond located in
the northeast comer of the site. The pond shall provide 1.0 acre feet of wet storage
volume to meet the NURP standards of the 6 acres of direct drainage from this
development. The City will require that the pond be over-excavated to a depth of 4 f~et
below the NWL to allow the pond to treat 8 acres of off-site drainage. A portion of the
0.5 acre water quality pond is shown to be located in an existing wetland. The excavation
required to create the NURP pond will enhance the existing wetland.
As shown on the attached Exhibit C, storm water runoff from over 700 acres eventually
drains into the creek that crosses Priorwood Street. The creek serves as the outlet to Rice
Lake and Crystal Lake.
ECREEKPC.DOC/RML
5
Approximately 130 feet of the creek will be filled in and replaced with a 48" storm sewer
line where Priorwood Street crosses the creek. The developer will need to provide an
emergency overflow swale to allow overland drainage to cross Priorwood Street in case
the 48" storm sewer line would become plugged.
Approximately 15,560 square feet (0.36 acres) of wetland is proposed to be filled~ong
the northwest edge of priorwood Street. The developer will be responsible to mitigate at
a 2 to 1 ratio to replace the loss of wetland. The preliminary grading plan shows on-site
wetland mitigation of 14,005 square feet (0.32 acres). The developer has approximately 3
acres of wetland area in the banking system from a project in Credit River Township and
this area will be used for the remaining area needed to meet the Wetland Conservation
Act as stated in the City's Local Surface Water Management Plan, "Up to one acre of
"debit" wetland (filled or drained) will be allowed to be replaced through wetland
"credit" in a bank which is located outside of Prior Lake's city limits, but State and
County governments are exempt from this policy."
The wetland delineation was performed by the developer's representative during
December of 1995, and then reviewed in the field with the City's Water Resources
Coordinator in early April of 1996. When the frost is out of the ground, the wetland
delineation will need to be checked again. If the wetland boundaries change
substantially, which would affect lot lines, unit density of street location,. then a new
preliminary plat will need to be submitted.
Streets/Access/Circulation:
The proposed east-west street which will be called Priorwood Street is proposed to be a
public street built to City standards with a 36 foot back-to- back bituminous surface with
mountable concrete curb and gutter. The street will connect to a 250 foot long stub street
constructed to the east from Five Hawks Avenue. The proposed street connection to
Duluth Avenue has adequate site distance. The street layout plan also shows the
construction of a private 200 foot long driveway to the North.
The extension of Priorwood Street from Five Hawks A venue to Duluth Avenue will
eliminate the dead-end street system of Five Hawks Avenue. The street connection to
Duluth A venue will improve the access to the Five Hawks Elementary School. The
school district will use Priorwood Street as a route for school buses and this should
relieve some of the congestion at the Five Hawks Avenue/Highway 13 intersection.
In the City's Transportation Plan, priorwood StreetlFive Hawks Avenue is classified as a
minor collector street. The projected traffic for this street will be between 2000 to 3000
average daily trips and this development's 40 units would generate about 360 of the trips
per day. The Transportation Plan specifically recommends the construction of priorwood
Street from Five Hawks A venue to Duluth A venue to improve the City's street
circulation system.
6
ECREEKPC.DOC/RML
- - .- - - - - --- - - -
The Transportation Plan identifies Duluth A venue also as a minor collector street. The
City measured the traffic on Duluth A venue in 1993 at 4125 trips per day and the traffic
volume is expected to increase to 6200 ADT by the year 2015. The City's Five Year
Capital Improvements Plan for 1995 identifies upgrading Duluth A venue to an urban
section in 2000.
AL TERNA TIVES:
1. Adopt Resolution 96-15PC recommending approval of the preliminary plat of
Eagle Creek Villas as presented and subject to conditions contained in Resolution
96-15PC, or with specific changes directed by the Planning Commission.
2. Table or continue the public hearing to a date and time certain and provide the
developer with'a detailed list of items or information to be provided for future
Planning Commission review.
3. Recommend denial of the application based upon specific fmdings of fact.
RECOMMENDATION:
Staff recommends Alternative #1.
ACTION REQUIRED:
A motion to adopt Resolution 96-15PC recommending approval of the preliminary plat of
Eagle Creek Villas.
ECREEKPC.DOC/RML
7
EXHIBIT A
INTEROFFICE MEMORANDUM
TO:
FROM:
RE:
DATE:
Planning
Ralph Teschner, Finance Director
EAGLE CREEK VILLAS
(assessment/fee review)
March 12, 1996
@//
A 13.5 acre parcel in Section 2-114-22 (PIN #25902099 1) is proposed to be subdivided into the plat of
Eagle Creek Villas. The property was originally served with sewer utilities in 1972 under Project 72-7
(Phase I) and was assessed for sewer only, a frontage of 1655' and 14.09 acres for trunk sewer acreage
which was deferred until 1987, at which time the assessment plus accrued interest was certified.
Therefore a lateral water and trunk water charge will be applied.
The tax status of the property is in a current state with no outstanding delinquencies. The balance of
special assessments are detailed as follows:
Legal Description
PIN Number
Code
N 15 Ac.
2-114-22
25 902 099 1
42
Type
S&W
Amount
$20,717.22
Since utilities are available to the property site, the cost for the extension of services internally will be the
responsibility of the developer. In addition to these improvement costs, the subdivision will be subject to
the following City charges outlined below:
Stormwater Management Fee
Collector Street Fee
Trunk Water Fee
Lateral Water Fee
16.8 cents/sq. ft.
$15oo.oo/acre
$1750.oo/acre
$150' @ $20.00/ff.
The application of these City charges would generate the following costs to the developer based upon a
net area lot calculation of 8.76 acres of twin home units (381,684 square feet) as provided within the site
data summary sheet of the preliminary plat description:
Lateral Water Charge:
150.00' @ $20.oo/ff = $3,000.00
Trunk Water Charge:
8.76 acres @ $1750.00/ac = $15,330.00
Storm Water Management Fee:
381,684 sf@ 16.8/sf= $64,123.00
Collector Street Fee:
8.76 acres @ $1500.00/ac = $13,140.00
These charges represent an approximate cost of $2390.00 per twin unit within the proposed preliminary
plat of Eagle Creek Villas. Assuming the initial net lot area of the preliminary plat does not change, the
above referenced storm water, collector street and trunk water charges would be determined and collected
within the context of a developer's agreement for the construction of utility improvements at the time of
final plat approval.
SPUl3. WRT
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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APPLI01TION FOR THE SUBDIVISION CF LAND
WITHIN 'mE CITY OF PRIOR LAKE
Property Owner: FA-tIe 0",,~~j ~ 1/1110
Mdress. ~~ G/~~
SJbdivider: ~ ~ k. 1/ " l ~5 _ Phone:
Address: J;;:. I S+- II" IDI.o /....,~ mn
Agent: Phone:
Address:
Phone:
Y'{{/- SbS..g
~<;7-s{)S~
f(1/-,/~ _4 k~ ~~. '-/5;1.-50$/
JI'h./ __ Phone:
5/ ~ It /l-Pt C, Ju./
Name of Slrveyor:
Name of Fng inee r:
Legal Cescription of Property:
Present Zoning:
R~
Property Acreage:
/3_.s-
Ceed Iestrictions: No VYes
If so, please attach.
Has the Applicant previously sought to plat, rezone, obtain a variance or
COnd~Ona1 use pennit on the subject site or any part of it:
No Yes What was requested:
When:
,paM.DO
peit~
the Prior Lake SJbdivision Ordinance and agree to provide the
d do th work in ac rCance with the provisions of the ordinance.
3-S-Q6
Date
Fee CMners Signature
Date
THIS SECl'ION '10 BE FILLED IN BY THE PLANNINi DIRECroR
PLANNIN; m1MISSION
CITY' <DmDL
CDNDITIONS:
APPROlED
APPROlED
DENIm
DENIm
DATE OF HFARIro
Dt\TE OF HEARIN:;
Signature of the Planning Director
rate
CITY OF PRIOR LAKE
NOTICE OF PUBLIC HEARING TO CONSIDER THE
PRELIMINARY PLAT FOR THE PROJECT
KNOWN AS "EAGLE CREEK VILLAS"
You are hereby notified that the Planning Commission will hold a public hearing at Prior Lake
Fire Station # 1, located at 16776 Fish Point Road, SE (Southwest of the intersection of CR. 21
and Fish Point Road), on Monday, April 22, 1996 at 7:00 p.m. or shortly thereafter.
The purpose of the public hearing is to consider the Preliminary Plat, (subdivision), of the
following legally described property into a 40 unit, townhome development to be known as
"Eagle Creek Villas." The subject site is legally described as follows:
Legal Description:
That part of the North 15.00 acres (as occupied) of the Northeast Quarter of the
Southwest Quarter of Section 2, Township 114, Range 22, Scott County, Minnesota
described as follows: Commencing at the intersection of the North line of said Northeast
Quarter of the Southwest Quarter of the Center line of Old Trunk Highway No. 13;
thence North 88 degrees, 04 minutes, 10 seconds West along said North line a distance of
255.78 feet to the actual point of beginning of the land to be described; thence South 1
degree, 24 minutes, 16 seconds West a distance of 173.00feet; thence South 86 degrees,
53 minutes, 21 seconds East a distance of 238.00 feet to the Center line of said Old Trunk
Highway No. 13; thence Southwesterly along said Center line a distance of 327.29 feet to
its intersection with the Easterly extension of the northerly line of the plat of JO-ANNA
STEPKA'S HI-VIEW ADDITION TO PRIOR LAKE; thence Westerly along said
Northerly line of said plat and the Northerly line of the plat of JO-ANNA STEPKA'S HI-
VIEW 3RD ADDITION to its intersection with the West line of said northeast Quarter of
the Southwest Quarter; thence Northerly along said West line to the Northwest corner
thereof; thence Easterly along the North line of said Northeast Quarter of the Southwest
Quarter to the point of beginning. Containing 13.379 acres.
Or more commonly described as approximately 13.54 acres of land located Northwest of State
Trunk Hwy. 13, and between Five Hawks Avenue and Duluth Avenue in Prior Lake, Minnesota.
A complete copy of the Preliminary Plat application is available for review at the Prior Lake
Planning Department located at 16200 Eagle Creek Avenue, Prior Lake, MN 55372. An 11 x
17" copy of the maps can be mailed to you by contacting R. Michael Leek, Acting Assistant City
Planner, at 447-4230 between the office hours of 8:00 AM - 4:30 PM, Monday through Friday.
16200 ~W~.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
If you desire to be heard in reference to this matter, you should attend this public hearing. The
Planning Commission will accept oral and or written comments. If you have questions regarding
this matter, contact the Prior Lake Planning Department at 447-4230.
R. Michael Leek
Acting Assistant City Planner
To be published in the Prior Lake American on Saturday, April 6, 1996.
Date Mailed: April 5, 1996
ECREEKPN.DOCIRML
2
- - ~-~- --- - ---
..
RESOLUTION 96-15PC
RESOLUTION OF THE PRIOR LAKE PLANNING COMMISSION
RECOMMENDING THE CITY COUNCIL APPROVE THE PRELIMINARY
PLAT OF "EAGLE CREEK VILLAS" SUBJECT TO THE CONDITIONS
OUTLINED HEREIN.
MOTION BY:
SECOND BY:
WHEREAS: the Prior Lake Planning Commission conducted a public hearing on April 22, 1996, to
consider an application from "Eagle Creek Villas" for the preliminary plat of Eagle
Creek Villas; and
WHEREAS: notice of the public hearing on said preliminary plat has been duly published and posted
in accordance with the applicable Minnesota Statutes and Prior Lake Ordinances; and
WHEREAS: the Planning Commission proceeded to hear all persons interested in this issues and
persons interested were afforded the opportunity to present their views and objections
related to the preliminary plat of Eagle Creek Villas; and
WHEREAS: the Planning Commission reviewed the preliminary plat according to the applicable
provisions of the Prior Lake Zoning and Subdivision Ordinances and found said
preliminary plat to be consistent with the provisions of said ordinances; and
WHEREAS: the Planning Commission fmds the preliminary plat of Eagle Creek Villas to be
consistent with the Year 2010 Comprehensive Plan.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE PLANNING COMMISSION OF THE
CITY OF PRIOR LAKE, MINNESOTA, that it hereby recommends the City Council approve the
preliminary plat of Eagle Creek Villas subject to the following conditions:
1. The existing shed located in the southeast comer of the site shall be removed by its owner prior to the
fmal platting.
2. The developer will be responsible for any damage done to the existing 15" RCP sanitary sewer line
during the grading, utility, and street construction.
3. The developer will be required to dedicate 40 feet of half right-of-way for Duluth Avenue at the time
of fmal plat, to accommodate the future upgrading of this street to a two lane urban design with
sidewalk/trails.
4. The developer will be required to dedicate drainage and utility easements over the wetlands, creeks,
storm water ponds, and over all sewer and water lines constructed outside of the dedicated right-of-
way.
RS9615PC.OOC
RML 1
16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
- __ __ u_ ___ ___ --------------- -- -- -------- - --- - -- --- - --- -- --- -
~
5. Along the west edge of Lot 1 Block 1, the final plat shall dedicate a 20 foot wide drainage and utility
easement from the center of the existing IS" sanitary sewer line to the east to protect this 20 foot deep
line.
6. The developer will need to provide an emergency overflow swale to allow overland drainage to cross
Priorwood Street in case the 48" storm sewer line would become plugged.
7. The developer will be responsible to mitigate at a 2 to 1 ratio to replace the loss of wetland.
8. The private street shall be constructed to City standards.
9. A revised landscape plan showing the proposed irrigation system(s) shall be submitted for review
before approval of the fmal plat.
10. A tree preservation plan be submitted for approval prior to approval of the fma] plat.
11. Storm water, collector street and trunk water charges will be determined and collected in the context of
the developer's agreement.
12. The wetland delineation will need to be field verified again when the weather conditions allow for a
thorough analysis. If the wetland boundaries change substantially, which would affect lot lines, unit
density, or street location, then a new preliminary plat will need to be submitted.
13. All public and private streets, drainage systems and utilities necessary to provide service to this
development shall be designed and certified by a registered professional engineer in accordance. with
City adopted codes and ordinances, and in accordance with the Public Works Design Manual prior to
application for fmal plat approval.
Passed and adopted this 22nd day of April, 1996.
YES
NO
KUYKENDALL
CRIEGO
LOFTUS
VONHOFF
WUELLNER
KUYKENDALL
CRIEGO
LOFTUS
VONHOFF
WUELLNER
Dick Kuykendall, Chair
Prior Lake Planning Commission
Donald Rye, Director of Planning
City of Prior Lake
RS961 SPC.DOC
RML
2
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
4.B
PUBLIC HEARING TO CONSIDER At~ At"-lENDMENT
TO THE ZONING ORDINANCE TO PERMIT
CERTIFIED THERAPEUTIC MASSAGE IN CERTAIN
COMMERCIAL LOCATIONS
R. MICHAEL LEEK:, ASSOCIATE PLAt'fNER
_X_ YES _NO-N/A
APRIL 22, 1996
PRESENTER:
PUBLIC HEARING:
DATE:
INTRODUCTION:
The Planning Department received a request from Jennifer A. Lambert to consider an
amendment to the Zoning Ordinance to permit certified therapeutic massage in
appropriate commercial locations. Ms. Lamb.ert wishes to offer massage services at the
same location, and in connection with Kay Lyn's Coffee and Tanning, which is located in
PriordaIe Mall in the B3-General Business Zoning District. The Zoning Ordinance is
presently silent as to such use.
DISCUSSION:
Over the course of the past year the Planning Department has received numerous requests
for information regarding providing certified massage therapy within the City. In fact,
during 1995 the Planning Commission issued a home occupation permit for massage
therapy. The Zoning Ordinance is silent with respect to this use. The City does have an
ordinance regulating "Sauna and Massage Parlors" (Section 3-5 of the City Code). That
ordinance was apparently crafted to regulate concerns about such parlors which arose
during the 1970' s, and do not directly address "certified therapeutic massage."
All three of the City's commercial zoning districts (Bl-Limited Business, B2-Community
Business, B3-General Business) permit uses which have similar perceptible impacts on
traffic and other factors. Indeed, "Private Club-Health Club" is listed as a conditionalIy-
permitted use in the B I zoning district, and as a permitted use in the B2 and B3 zoning
districts. The Zoning Ordinance does not defme either a "private club" or a "health club",
but it is conceivable that massage therapy could be offered by such a facility.
16200 ~~~~~~~. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN E':! ".-\L OPPORTUNffi' EMPLOYER
F or the above-stated reasons, city staff believes that it would be appropriate to amend the
Zoning Ordinance to permit certified therapeutic massage in connection with retail
businesses and personal services in the City's commercial zoning districts. The draft
ordinance attached to this report does so and provides a definition of "massage therapy"
or "therapeutic massage".
Section 3-5 is silent as to where in the City massage services may be offered. It would be
appropriate to amend this section so that the relationship to use/zoning districts is
explicit. Ms. Lambert has also provided copies of ordinances from the cities of
Burnsville, Eagan and Lakeville governing the provision of therapeutic massage services.
The Commission may wish to recommend to the City Council that Section 3-5 be
reviewed an amended to more directly address professional therapeutic massage services.
AL TERNA TIVES:
1. Recommend the City Council approve the amendment as presented or with
changes suggested by the Planning Commission.
2. Recommend the City Council deny the amendment.
STAFF RECOMMENDATION:
Staff recommends Alternative 1, recommending approval of the proposed amendment to
the City Council.
ACTION REQUIRED:
A motion to recommend the City Council adopt the proposed amendment as written or
with changes directed by the Planning Commission.
A separate motion to close the public hearing is in order.
96029PC2.DOC/RML
2
CITY OF PRIOR LAKE
ORDINANCE NO. 96-XX
AN ORDINANCE AMENDING SECTIONS 5-1-7 AND 5-3-3 OF THE CITY
CODE AND SECTIONS 8 AND 3.1 OF THE PRIOR LAKE ZONING
ORDINANCE (83-6).
The City Council of the City of Prior Lake does hereby ordain:
Section 5-1-7 of the City Code and Section 8 of the Prior Lake Zoning Ordinance (83-6)
are hereby amended by adding the following terms and definitions:
MASSAGE THERAPY OR THERAPEUTIC MASSAGE- A scientific health care or
health maintenance technique or procedure carried out by a massage therapist, and
involving the massaging and kneading of human skin, muscles and tissues for the purpose
of easing mental and physical tension, the breaking up of fatty tissues and muscle spasms
and the improvement of circulation through the body.
MASSAGE THERAPIST - A person other than a person licensed as a medical doctor;
chiropractor; osteopath; podiatrist; licensed nurse; physical therapist; athletic director or
trainer; or beautician or barber who confines hislher treatment to the scalp, face and neck;
who for compensation practices and provides therapeutic massage.
Section 5-3-3 of the City Code and Section 3.1 of the Prior Lake Zoning Ordinance (83-
6) are hereby amended as follows:
3.1 PERMITTED USES: The permitted uses for each district are listed below.
Accessory uses and essential services are also permitted. Mass~e therapy or
Therapeutic Massaie is permitted as a use accessOl::Y to Retail Business ~xctWt
~h~n the retail business is operated in col\iunction with a Motor Fuel Station)
and Personal Services businesses in the B 1- Limited Business. B2 - Community
Business and B3 - General Business districts.
MASSORD.DOCIRML
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this _ day of
, 1996.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the _ day of
, 1996.
Drafted By:
City of Prior Lake
16200 Eagle Creek Avenue
Prior Lake, Minnesota 55372
MASSORD.DOCIRML
2
\
.-4
4>' 3SC ~
AM qh - ():27
PIDt
---...
~
cr:L'Y OF PRIOR ~
APPLICATION FOR AMENCMENr 'lD CITY mDE, a:HP PLAN OR CITY ORDINANCE
Applicant: ..;rcNNI~e,- 11. L~/-r
Address: t./ ~7 c.; W. I J~ rH I !'AtlJIfftP
.
Heme Phone: o,l;.-89o-~'l~~
Work Phone: t,/~.. B7a~~,''''
!ItA~, 4C'~1:) ~
.
Section of Ordinance or Comp Plan Amendment
is IEquested for: 3; J
}/?8N-f41J
'lJH
SJBMISSION REOUIREMOOS:
:EJ: Caopleted application fom. (B.) Filinq Fee. (C. j .-i'are~l . I",,"Llil=Liuu
;;;:~P:,p (D, ~ ~:;;;~~ ...t'1ey......-: = ~ ~= ElI.fte.... c..ctified Ly en
Ab e l"IY 2d by i-r."" Duestor of, ~~nr).
ONLY COMPLETE APPLICATIONS $ALL BE REVIEWED BY THE PLANNJ:N3 CX)MMISSION.
To the best of Iq{ knowledge, the information presented on this form is correct.
In addition, I have read Section .7.9 of the City Zoning Ordinance which
specifies the requireme.'1ts for amendments. I agree to roviqe, ~ormation and
follow the procedures as outlined in the Ordinarc'.., /)
101 /1'
ignature
SUbmitted this.d.i taay of t1.t.c~
19<<1 b
Fee ONners Signature
'lEIS SEO'ION 'lD BE FILLED 0l11' BY THE PLANNIN3 DIRECl'OR
PLANNIN3 cmMISSION _APPWlED
CITY COUN:IL APmJlEO
CONDITIONS:
DENIED
DENIED
HE'.ARIN3 mTE
HE'.ARIN3 DM'E
Signature of the Plannin9 Director
Date
NOTICE OF PUBLIC HEARING TO CONSIDER AN AMENDMENT TO
SECTION 5-3-3 OF THE PRIOR LAKE CITY CODE
AND SECTION 3 OF THE PRIOR LAKE ZONING ORDINANCE
WHICH WOULD MAKE THERAPEUTIC MASSAGE A PERMITTED USE IN
CERTAIN BUSINESS ZONING DISTRICTS
You are hereby notified that the Prior Lake Planning Commission will hold a public
hearing at Prior lake Fire Station #1, located at 16776 Fish Point Road SE. (Southwest of
the intersection of County Road 21 and Fish Point Road), on Monday, April 22, 1996, at
7:00 p.m., or as soon thereafter as possible. The purpose of the public hearing is to
consider an amendment to Section 5-3-3 of the City Code and Section 3.1 of the Zoning
Ordinance which would make therapeutic massage a permitted use in certain business
zoning districts.
If you wish to be heard in reference to this item, you should attend the public hearing.
Oral and written comments will be considered by the Planning Commission. If you have
questions regarding this matter, contact the Planning Department at 447-4230.
Prepared this 2nd day of April, 1996, by:
R. Michael Leek
Associate Planner
City of Prior Lake
TO BE PUBLISHED IN THE PRIOR LAKE AMERICAN ON APRIL 6 AND 13,
1996.
16200 &igU1@~/PWe. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNllY EMPLOYER
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
Conduct public hearings to consider a conditional use permit (CUP)
and preliminary plat for "PHEASANT MEADOW"
Williams Development LLC, represented by Terry Schneider
12.5 acres located north of STH 13, South of 170th Street and East of
Sunset Hills Addition
R. Michael Leek, John Wingard
_X_ YES _NO-N/A
May 13, 1996
APPLICANT:
SITE:
PRESENTER:
PUBLIC HEARING:
DATE:
INTRODUCTION:
The Commission previously reviewed applications by the applicant for Schematic PUD, Rezoning and
Preliminary Plat approval for a 50-unit townhouse development. Those applications were subsequently
denied by the City Council. Because townhouses are a conditionally permitted use in the RI-Suburban
Residential district, the applicant is now proceeding with applications for CUP and Preliminary Plat
approval.
The purpose of this item is to consider two distinct but related applications: a conditional use permit
(CUP) and preliminary plat for the project known as "Pheasant Meadow." The applications are being
considered at the same time.
Each application requires a separate public hearing. The Planning Commission Chair should call both
public hearings to order simultaneously. A separate motion in the form of a recommendation to the City
Council, will be required for each application. To assist the Planning Commission and facilitate the public
hearing process, the following draft resolutions are attached to the agenda packet:
1. Resolution 96-20PC Resolution recommending the City Council approve the
conditional use permit (CUP) for Pheasant Meadow to allow a
cluster, townhome development on the 12.5 acre subject site.
2. Resolution 96-21 PC Resolution recommending the City Council approve the
preliminary plat of Pheasant Meadow subject to conditions.
The resolutions are in draft form and should be amended to incorporate facts, fmdings and conditions as
determined by the Planning Commission during the course of the public hearings.
REVIEW PROCESS:
The proposed CUP should be reviewed in accordance with the criteria found in Section 7.5(C) of the
Zoning Ordinance. Section 7.5(C) provides in significant part that "...A conditional use shall be lWproved
if it is found to meet the following criteria...." (Underlining added) Draft Resolution 96-20PC outlines the
standards and conditions for approval of the CUP for Pheasant Meadow.
Subdivision Ordinance 87-10 identifies all of the components required for a preliminary plat. The
preliminary plat is the legal document identifying the proposed lot locations, areas and dimensions, road
PHEASPC2.DOC I
16200 ~ Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
location, storm sewer, grading, location and grade of sewer and water as well as proposed tree planting.
Once preliminary plat approval is granted by the City Council, the property owner has a vested interest in
the plat. For one year following preliminary plat approval, no ordinance amendment shall apply to or
affect the use, development density, lot size, lot layout, dedication required or permitted by the approved
preliminary plat. Draft Resolution 96-21PC outlines the conditions for preliminary plat approval for
Pheasant Meadow.
SITE ANALYSIS:
The subject site consists of 12.5 acres of land located between STH 13 and 170th Street, (CSAH 12), and
east of the Sunset Hills neighborhood. The site is surrounded by single family housing to the north and
west; vacant land to the east (planned for Neighborhood Business in the 2010 Comprehensive Plan); STH
13 and the "city limits" boundary of the City of Prior Lake to the south, (single family homes are located in
Spring Lake Township south of STH 13); and Woodview Park to the southwest of the subject site. The
entire site is zoned R-I, Suburban Residential. The Year 2010 Comprehensive Plan designates the site for
Low to Medium Density Residential land use.
The site has been tilled for many years. There are no wetlands nor steep slopes on site. There are
approximately 100 trees located along the east and west sides of the site however only 1/4 of the trees are
species regulated by the Tree Preservation regulations of the Zoning Ordinance. The land is gently rolling
and slopes generally from a high point on the northern part of the site to the southwest.
CONDITIONAL USE PERMIT ANALYSIS:
The following table sets forth certain, specific Ordinance requirements and the proposed project's
consistency with them.
_.....~
::::::::::::::::fffiPi~~ifp~lw:::::::::::::::::::::::::m::::::::::::::::::~::~::::::::::~::::::::::?::::::::::::::::~;!~K::::::::::::?::::::::::::::::?::::::::::
,'L~;'~"==::!i;;~::;~:i~'~ndi~;;:~i,"
units shall not be subject to
setback requirement on the
individually platted lots
underlying the unit.
PHEASPC2.DOC
RML
2
Section 7.5(C) sets forth several criteria for approval of a CUP. These criteria and the staff analysis of
compliance with these criteria are set forth below;
1. The proposed use conforms to the district permitted and conditional use provisions and all
general regulations of this Ordinance.
The proposed use is consistent with the conditional use provisions for the RI-Suburban Residential zoning
district. It is also consistent with the general regulations of this Ordinance.
2. The proposed use shall not involve any element or cause any conditions that may be
dangerous, injurious, or noxious to any other property or persons, shall comply with the
performance standards listed below.
Testimony in connection with the previous application focused on additional traffic which would be
generated by the proposed development. Previous staff analysis has demonstrated that the additional traffic
generated by 50-units would be nominal, about 400 trips per day. The present proposal would generate
about 336 (64 fewer) trips per day than the previous proposal. Staff concluded that about 90% of the trips
generated would be to and from 170th Street, and only about 10% (about 34 trips) would be added to
Sunset Hills if the Balsam Street connection were made. Thus, the overall conclusion was that existing
streets had sufficient capacity to handle the additional traffic generated by this development. Staff does not
anticipate that the proposed use would involve elements or cause any other conditions which would be
dangerous, injurious or noxious.
3. The proposed use shall be sited, oriented and landscaped to produce harmonious
relationship of buildings and grounds adjacent to buildings and properties.
The landscape plan for the proposed project provides for substantial screening from the adjacent single-
family residential areas. It also now incorporates several "boulevard trees" which render the plan
consistent with landscaping in other residential areas of the City, as well as with the Subdivision
Ordinance.
4. The proposed use shall produce a total visual impression and environment which is
consistent with the environment of the neighborhood.
Because the proposed buildings are limited to 2-units on the proposed plan, and because of the proposed
landscape plan, the total visual impression and environment should be consistent with the surrounding
neighborhoods, which consists of both single-family residences and townhouses.
s. The proposed use shall organize vehicular access and parking to minimize traffic congestion
within the neighborhood.
The proposed project provides sufficient area for vehicular parking. Although the currently proposed plan
does not show the proposed connection to Balsam Street, it is staff's opinion that a plan with that
connection would provide a better overall traffic circulation pattern.
6. The proposed use shall preserve the objectives of this Ordinance and shall be consistent with
the Comprehensive Plan.
The type and density of the housing proposed is consistent with the Comprehensive Plan and the objectives
of this Ordinance. Specifically, the proposed project would address the City's Livable Communities and
lifestyle housing goals.
PHEASPC2.DOC
RML
3
The performance standards are set forth in Section 7.5(0) and relate to the following factors;
. Fire protection,
. Electrical disturbance,
. Noise,
. Vibrations,
. Odors,
. Air pollution,
. Glare,
. Erosion,
. Water pollution.
The proposed project is not expected to result in any of the nuisance factors set forth in the performance
standards, and is thus consistent with these standards.
PRELIMINARY PLAT ANALYSIS:
The subject site is owned by Williams Development LLC, represented by Mr. Terry Schneider. The
subject site is proposed to be developed with 42 townhome units, public streets and one cul-de-sac. The
developer proposes to install a five foot sidewalk along the west side of Pheasant Meadow Lane and along
the south side of Spruce Road. The preliminary plat indicates the proposal is to provide access to the
project via Pheasant Meadow Lane. An alternative is provided indicating a neighborhood street connection
from Pheasant Meadow Lane to Balsam Street. The alternative would result in the elimination of two units
and is not proposed by the developer but rather, has been shown on the preliminary plat at the request of
City staff. The developer proposes to construct one large storm water pond on the southeast part of the
site.
PLANNING AND ZONING REVIEW:
The preliminary plat indicates the development will be served by Pheasant Meadow Lane with the easterly
extension of Spruce Road to the vacant neighborhood commercial property. The name of Spruce Road
should be changed to a street name which is not currently used within the City of Prior Lake. The
developer does not desire to construct a westerly street connection to Balsam Street. Staff recommends
the street connection be installed in order to provide neighborhood connection and the ability of residents
of Sunset Hills Addition to access the future neighborhood commercial district without having to drive on
CSAH 12. The connection will not create excessive traffic because only the residents of Sunset Hills
Addition and Pheasant Meadow would likely utilize the access. The street connection is consistent with
policies of the Year 2010 Comprehensive Plan as well as a requirement of the Subdivision Ordinance.
1. The name "Spruce" Road shall be changed to a street name which is not currently used in the City of
Prior Lake.
2. Balsam Street should be connected to Meadow Lane as indicated by the alternative shown on the
preliminary plat.
3. The application refers to the future intended use of covenants and/or homeowner association
agreements for maintenance of the exterior of structures as well as common grounds. The developer
should submit a draft of the covenants and/or agreements as a condition of preliminary plat, as
required by the Subdivision Ordinance.
Landscape Plan Review:
PHEASPC2.DOC
RML
4
The landscape plan has been revised to add several boulevard trees consistent with the Subdivision
Ordinance. Based on the review of the Landscape Plan for the Pheasant Meadow PUD (revised 12/21/95)
the requirements of the landscape ordinance, Section 6.10, are met in the following regards;
The ordinance requires either 1 tree per unit for multi-family projects or 1 tree per 40' of perimeter,
whichever is greater. The number of trees required by perimeter calculation is greater in this case
(approximately 2,611 feet of perimeter divided by 40' equals 65 trees vs. 50 trees by unit calculation).
. The plan provides 95 trees, which exceeds the required number by 30 trees.
Section 6.1 O(E)4(b) requires that at least 20% of the required trees be larger than the required minimum.
. The plan provides 20 trees, or 25010, which are larger than the minimum. This exceeds the
requirement by 5%.
1. The landscape plan should be amended to show the required irrigation system as per the Zoning
Ordinance.
2. In the opinion of staff, the landscape plan should be amended to add additional shrubs and ornamental
trees around the entry monument.
. NOTE: A letter of credit equaling 125% of the estimated cost of landscaping and irrigation system
will be required at the time of buildine permit issuance. This letter of credit will be held until one year
after installation of the last material.
Subdivision Identification Siens:
The Prior Lake Sign Ordinance specifies that two signs, not to exceed 50 square feet of sign area are
permitted on private property at each principal entrance to a development. The preliminary plat indicates
an entrance monument will be located southwest of the intersection of Pheasant Meadow Lane and CSAH
12. The Sign Ordinance requires the developer to include a covenant, establishing responsibility for
maintenance of the sign(s) over the entire project. The covenant must be approved by the City Attorney
and recorded on the property title(s). In addition, appropriate easements shall be provided for the approved
signs on the property where the signs are to be located.
1. The developer should provide the required covenants and easements for proposed entry monuments as
required by Sign Ordinance 94-6.
Tree Preservation:
The site is devoid of tree cover with the exception of the eastern and western boundaries. A tree location
survey was submitted with the preliminary plat. The tree species located on site are: Boxelder, Maple,
Elm, Oak, Ironwood, and Poplar ranging from 6" to 112" in caliper. The majority of mature trees are Elm
and Boxelder which are not regulated species for purposes of the Tree Preservation Ordinance. According
to the survey, 26 of the 100 trees located on site are species regulated by the Tree Preservation Ordinance.
The developer is responsible to submit a tree preservation plan indicating the number, location and caliper
inches of regulated trees proposed to be removed and those trees to be retained. A tree preservation plan
is required in addition to the tree location survey submitted by the developer. At that point, staff will be
able to determine the adequacy of a replacement program for the development in accordance with the Tree
Preservation regulations set forth in the Zoning Ordinance.
I. The developer should be required to submit a tree preservation plan as required by the Zoning
Ordinance.
PHEASPC2.DOC
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5
ENGINEERING ANALYSIS:
EasementslRi~ht-Of- Way:
The preliminary plat shows the dedication of 55 feet of right-of-way for Pheasant Meadow Lane and
Spruce Road which should be adequate to meet City standards for a 32' wide street with a 5' wide concrete
walk on one side. The required right-of-way for Balsam Street would be 50' for a 32' wide street, with a
sidewalk to be included.
I. The developer will be required to dedicate 50' of right-of-way for 170th Street on CSAH 12, at the
time of final plat, to accommodate the future upgrading of this street to a two (2) lane urban design
with bituminous trails.
2. The developer will be required to dedicate drainage and utility easements over the southeast
stormwater pond and all sewer and water lines constructed outside of the dedicated right-of-way.
Gradinl:/Erosion Control:
Almost the entire parcel will be disturbed by the grading required to prepare the site. The north half of the
site will be cut 2' to 4' to allow the site to drain to the south. The south half of the site will be filled 2' to
7' in the street and building pad areas and cut 4' to 6' in the ponding area. The grading plan proposes to
construct 4' to 6' high berms along the north edge of the Highway 13 right-of-way line and along the south
edge of the 170th Street right-of-way line. The berms will help to screen the townhouse units from the
street. The development will be required to comply with City erosion control standards. Special care shall
be taken to prevent erosion from occurring onto the City's park property.
Sanitary Sewer:
An 8" sanitary sewer line has been stubbed to this site at the Balsam Street location. The developer
proposes to construct an 8" sanitary sewer line in between the houses on Lots 38 and 39.
Storm SewerIWetlandsIWater Quality:
Storm water runoff that will be discharged from the site will drain in a southwesterly direction through a
series of ponds, ditches and pipes located in W oodview Park, then across Sunset Trail (County Road 81)
and into Spring Lake. To minimize the impacts from this development to Spring Lake, the developer
proposes to construct a water quality treatment and rate control pond in the southeast comer of the site.
This pond will be able to be enlarged to the east to also serve the undeveloped property to the east. (There
are no existing wetlands located on the site).
The developer proposes to excavate the east end of the existing pond in Woodview Park to create a small
settling basin to treat the stormwater runoff from the development plus the east half of the Sunset Hills
Addition.
Streets/Access/Circulation:
The preliminary plat indicates streets, sewer and water will be installed by the developer per City
specifications. All streets and utilities are proposed to be public. All streets are proposed to be built to City
standards with a 32 foot back-to-back bituminous surface, mountable concrete curb and gutter. The street
connection to 170th Street or CSAH 12 shall be constructed to match the location of the Walnut Avenue
intersection. The proposed street connection to CSAH 12 has adequate sight distance. The street layout
plan also shows the construction of a stub street to the east called Spruce Road. This street will be a future
connection to the undeveloped property to the east.
PHEASPC2.DOC
RML
6
The City staff has asked the developer to also provide a connection to the west to the stub street called
Balsam Street, which was constructed in 1987 with the Sunset Hills Addition. Residents have previously
expressed a strong desire not to have Balsam Street extended. City staff and the Scott County Highway
Department feel that the street extensions of Balsam Street and Spruce Road would minimize the number
of accesses and crossings onto CSAH 12. The extension of Balsam Street would eliminate a dead end
street that does not have a turnaround. The City's snow plowing crews currently have to back up on
Balsam Street to plow the street.
1. Balsam Street shall be extended from the existing street stub near the west property line of the site to
Pheasant Meadow Lane. A sidewalk connection should be included in accordance with the Planning
Commission's previous review comments.
Watennain:
Water main service is available to serve this site from an existing 16" line located on the north edge of
170th Street and from an existing 6" line in Balsam Street. The preliminary utility layout plan shows a
connection to the 16" watermain in 170th Street. The developer will be responsible for all costs associated
with the connection to the 16" watermain including the costs to remove and replace 170th Street, traffic
control, detours, wet taps, etc. The watermain construction within CSAH 12 will require a County permit.
If Balsam Street is required to be extended, then the 6" watermain should be looped to the west to provide
for this connection. If Balsam Street is not required to be extended, then the City would prefer not to have
the 6" line extended in between the townhouse units.
As shown on the preliminary plans, the developer will be required to extend an 8" watermain in Spruce
Road to serve the future development to the east. An 8" watermain should also be extended to the south
plat line to serve possible future development to the south of Highway 13.
1. An 8" watermain shall be extended to the south plat line to serve possible future development to the
south of Highway 13.
2. As shown on the preliminary utility plans, the sanitary sewer layout shall include an 8" sanitary sewer
stub and an 8" watermain stub in Spruce Road to serve the future development to the east.
FINANCE REVIEW:
The subject site, (PID # 25-910-005-0), was served with water and sewer utilities in 1973 under Project 72-
7 and was assessed 820' of frontage and 22.2 acres for trunk acreage charges. Of these charges only 150'
and 2.82 acres were assessed currently. The remainder of the 22 acres was deferred and there is no city
record of payment on either this parcel or the adjacent 10 acre parcel, (PID # 25-910-005-1), that was
previously sold to Howard Monnens. There are no other outstanding special assessments currently
certified against the subject site. The tax status of the property is current with no outstanding
delinquencies.
PARK AND RECREATION REVIEW:
The subject site is located in the Spring LakelWillows Planning District identified in the Year 2010
Comprehensive Plan. There are a number of parks located in close proximity of the subject site including:
Woodview Park, Sunset Hills Park, and Willows Park. The Year 2010 Comprehensive Plan indicates there
should be a trail connection through the subject site linking the future regional trails along CSAH 12 and
STH 13 to Woodview Park. In addition, there should be a pedestrian link from the development site to the
neighborhood commercial property to the east.
PHEASPC2.DOC
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7
The preliminary plat indicates a combination trail/utility easement connecting Pheasant Meadow Lane with
Woodview Park. The plat has been amended to follow the staff recommendation with respect to trail
location. The trail is recommended for this location because it provides better access to Woodview Park
and the topography is more suitable in this location for connection to the proposed trail system within the
park. In addition, a trail in the staff recommended location will not infringe on the rear property lines of
existing homes in the Sunset Hills neighborhood.
1. A 5' wide concrete sidewalk should be constructed along the entire length of Pheasant Meadow Lane
to the end of the cul-de-sac and be connected to an 8' bituminous trail to be installed to the west edge
of the plat. The specific trail location to be determined by staff. The developer will be responsible for
the costs associated with construction of the sidewalks and trails located within this development.
2. A 5' wide concrete sidewalk should be located on the south side of Spruce Road which should be
constructed with the installation of other streets in the PUD.
3. A 30' wide trail easement over the 8' bituminous trail shall be given to the City of Prior Lake at the
time of final plat.
4. The park dedication for the preliminary plat will be a cash in lieu of land, the amount to be determined
at the time of fmal plat. (The cash dedication amount is determined by multiplying 1.25 acres (10% of
the gross acreage for the site) by $1,300.00 per acre to determine the total cash dedication for the
project. The cash dedication is estimated at $1,625.00.
5. A connection should be made to Balsam Street, and the connection should include a sidewalk
connection.
AL TERNA TIVES:
1. Adopt Resolution 96-20PC, (recommending the City Council approve the CUP for Pheasant
Meadow) and Resolution 96-2IPC, (recommending the City Council approve the preliminary plat
of Pheasant Meadow subject to the conditions outlined therein) as presented or with changes
recommended by the Commission.
2. Continue the public hearing to a date and time certain to allow the developer and/or staff to provide
additional information specifically requested by the Planning Commission.
3. Based upon expressed findings of fact, recommend the City Council deny part or all of the
applications based upon inconsistency of the proposal with specific regulations of the Zoning and
Subdivision Ordinances and/or specific policies of the Comprehensive Plan.
RECOMMENDA TION:
Alternative # 1.
ACTION REOUlRED:
A motion to adopt the proposed Resolutions as written or with changes directed by the Planning
Commission.
A separate motion to close each of the two public hearings.
PHEASPC2.DOC
RML
8
'0'\,& \.2 ;:,~t-
QJqtt>
PIDt
034:
'.
; 1
APPLICATION FOR CONDITIONAL USE PER-tIT
Appliomt: williams Development LLC ~e Phone: 474-0307
Address: 1535 Bavarian Shores Dr. Chanks, 51:)11 R 1f<<:>rk Phone: 441-/?44
Property o..mer: same as above Heme Phone:
Address: same as above 1f<<:>rk Phone:
Consultant: Project Developers, Inc. Terrv schneidei'hone: 545-0505
Mdress: 600 So. Hyw 169, st. Louis Park MN 55426
U ~~d So. of 170th st. East of Sunset Hills subdivision
Proposed Conditional se n.J ress:
Legal Description: see attached survev
Existing Use of Property: vacant
Property Acreage:
12.05 acres
Present Zoning:
R-l
Conditional Use Being Requested: CUP for townhouses
Deed Restrictions:
X N:>
Yes If so, please attach.
Has the Applicant previously sought to plat, rezone, obtain a variance or conditional use
permit 011 th~ subject site qr any part of it: N:> X Yes Request: Previous
submlss10n for 50 unlt PUU
When: Dec. 95- Anr. 96
&JBMISSION RIDUIREMEN1'S: (A) Completed application form. (B) Complete legal description and
parcel identification nurrber (pm). (C)Filing fee. (D)Deed restrictions, if necessary.
(E) Fifteen copies of site plan drawn to scale showing existing/proposed structures.
(F)Additional information as requested by the Planning Director including but not limited
to: existing grades and buildings within 100 feet, drainage plan with finished grade and
relationship to existing water bodies, if any, proposed floor plan with use indicated plus
building elevations, landscape plan with schedule of plantings and screening, curb cuts,
driveways, parking areas, walks and curbing. (G) Certified fran abstract firm the names and
address of property owners within 500 feet of the existing property lines of the subject
property. (H) Application and supportive data are due 20 days prior to any scheduled
hearing.
ONLY COMPLETE APPLICATIONS SHALL BE REVIEWED BY THE PLANNIN; aHUSSION.
To the best of my knowledge the information presented on this form is correct. In
addition, I have read Section 7.5 of the Zoning Ordinance which sp:cifies the
requiranents for conditional uses. I agree to provide information a.'1d follow the
proced,\e5 as outlin.ed in the OrdinanCe.
Appli~~igna~h~ Dat~/15/96
~ (jJiJj;..~ 4/15/96
Fee ~ers Signature Date
PI.ANNIro (J)MMISSION
CITY (l){JN':IL
APPROlED
APPROlED
DENIED
DENIED
mTE
mTE
THIS SEcrION ro BE FILLED OUT BY THE PLANNIN; D
CDNDITIONS:
Signature of the Planning Director
Date
PROJECf NARRATIVE
PHEASANT MEADOW CUP
4/15/96
We are proposing a conditional use permit in a R-1 district to allow for construction
of 42 townhome units on 12.05 acres of property located south of 170th St. and east
of Sunset Hills Addition. The property is currently vacant, and has been tilled in the
past. Their are few trees actually located on the property. The resulting density for
the development would be 3.2 units per gross acre.
The property is currently owned in fee title by Williams Development LLC.
The project has been designed to take advantage of the natural topography and the
wooded park area to the south west of the site, and serve as a transition from the
single family neighborhood to the west and the heavy traffic impacts of Hwy. 13 and
the commercial area farther to the east. The design of the units are generally Rambler
walk-out units or Split entry units with two unit structures. It is anticipated that the
sewer, water and streets would be put in by the developer to city standards and
dedicated to the City as public improvements.
It is expected that site grading would begin as soon as weather permits in the spring
of 1996 with utilities and streets being installed as soon as site grading is completed.
As noted on the preliminary utility plans, we were able to accommodate the sewer
service from the Balsum Street stub. We would anticipate construction of a model
unit during the summer of 1996 with sales of townhomes to begin at that time. It is
anticipated that the project would take approximately two years to sell out.
Each townhome would be offered for sale as an individual owed unit. Their would
be a townhome association formed that would own and maintain all of the common
area of the site as well as the exterior of the units.
The final make-up of rambler vs. split entry townhomes will depend somewhat on
market demands for each type of unit. Based on our preliminary site plan the project
would contain 12 Rambler walk-out units, 16 Rambler units with full basements,
and 14 Split entry look-out units. It is anticipated that the rambler units would
market more to the empty nester market with only two people per unit, and the split
entry units marketing to both empty nesters and professional couples, with an
estimated person per unit count of approximately 2.25. This would result in a total
of estimated people in the project of 95. This would therefore result in 42 families,
an estimated 90 and 10 children.
The project has a building coverage of 1.38 acres or 11.4% of the site. The project
has approximately 6.2 acres (51% of the site) of open space that is available for open
air recreation and would be protected from development as part of the townhome
association documents.
The project has approximately 51 % of the site available as open space available to
all residents. The dwelling units are sited to allow them to take advantage of the
natural topography of the site and provide a significant number of the units to be
orientated toward the wooded park land to the west of the site. The common open
area would provide ease of access to the park area. The primary access to the site is
off of 170th street an major collector street. The physical characteristics of the site
(lack of any tree cover) and surrounding road impacts are greatly enhanced by the
layout and grouping to the townhomes that follow the natural topography, orient
themselves away from Hwy 13 and towards the east and west.
During the public hearings for the PUD questions were raised as to the traffic that
would be generated by a townhome type development versus a single family
development. The standard daily traffic generation rate according to the Institute of
Transportation Engineers (lTE) for single family homes is 9.55 trips per day. For a
single family development of 30 lots this would generate a traffic volume of 286 trips
per day. The lTE rate for townhomes is 5.86 trips per day, which results in 246 trips
per day for the 42 townhomes, 40 trips less than single family. If you factor in that
the units will be marketed primarily to empty nesters, you could realistically assume
that the trip generation rate could be around 80% of a normal townhome development
or 199 trips per day.
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'"
CITY OF PRIOR LAKE
NOTICE OF PUBLIC HEARING TO CONSIDER THE
CONDITIONAL USE PERMIT (CUP) AND PRELIMINARY PLAT FOR THE PROJECT
KNOWN AS "PHEASANT MEADOW"
You are hereby notified that the Planning Commission will hold a public hearing at Prior Lake
Fire Station #1, located at 16776 Fish Point Road, SE (Southwest of the intersection of CR. 21
and Fish Point Road), on Monday, May 13, 1996 at 7:00 p.m. or as soon thereafter as possible.
The purpose of the public hearing is to consider a Conditional Use Permit and Preliminary Plat,
(subdivision), of the following legally described property into a 42-unit, townhome development
to be known as "Pheasant Meadow." The subject site is legally described as follows:
Legal Description:
That part of the Northwest Quarter of the Northeast Quarter of Section 10, Township 114, Range
22, Scott County, Minnesota lying northwesterly of State Trunk Highway No. 13, and west, south
and westerly of the following described line:
Commencing at the northwest corner of said Northwest Quarter of the Northeast Quarter; thence
East (assumed bearing) along the north line of said Northwest Quarter of the Northeast Quarter
a distance of 375.80 feet to the point of beginning of the line to be described; thence on a
bearing of South a distance of 200.00 feet; thence East a distance of 13.10 feet; thence South 4
degrees 52 minutes 42 seconds East to the centerline of said State Trunk Highway No. 13, and
there terminating.
Or more commonly described as approximately 12.5 acres of land located south of 170th Street
(County Road 12), and about 100' east of the intersection of Balsam Street and Spruce Trail in
Prior Lake, Minnesota. A complete copy of the CUP and Preliminary Plat applications are
available for review at the Prior Lake Planning Department located at 16200 Eagle Creek
Avenue, Prior Lake, MN 55372. An 11 x 17" copy of the maps can be mailed to you by
contacting R. Michael Leek, Acting Assistant City Planner, at 447-4230 between the hours of
8:00 AM - 4:30 PM, Monday through Friday.
If you desire to be heard in reference to this matter, you should attend this public hearing. The
Planning Commission will accept oral and or written comments. If you have questions regarding
this matter, contact the Prior Lake Planning Department at 447-4230.
R. Michael Leek
Acting Assistant City Planner
To be published in the Prior Lake American on Saturday, April 27 and Saturday, May 4, 1996.
PHEAPN2.UOC 1
16200 ~~le Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
-- --- -------- - --- --._--_._.--~._._-- ------
RESOLUTION 96-20PC
RESOLUTION OF THE PRIOR LAKE PLANNING COMMISSION RECOMMENDING
THE CITY COUNCIL APPROVE THE CONDITIONAL USE PERMIT
FOR PHEASANT MEADOW.
MOTION BY: SECOND BY:
WHEREAS: the Pripr Lake Planning Commission conducted a public hearing on May 13, 1996,
to consider an application from Williams Development LLC, for a Conditional Use
Permit (CUP) for Pheasant Meadow; and
WHEREAS: notice of the public hearing on said CUP has been duly published in accordance
with the applicable Prior Lake Ordinances; and
WHEREAS: the Planning Commission proceeded to hear all persons interested in this issue and
persons interested were afforded the opportunity to present their views and
objections related to the CUP of Pheasant Meadow; and
WHEREAS: the Planning Commission finds the Schematic PUD are consistent with the Year
2010 Comprehensive Plan; and
WHEREAS: the Planning Commission finds the CUP of Pheasant Meadow in harmony with
both existing and proposed development in the area surrounding the project; and
WHEREAS: the Planning Commission finds the proposed CUP of Pheasant Meadow is
compatible with the stated purposes and intent of the Zoning Ordinance as they
relate to conditionally permitted uses, and further, that the proposed CUP of
Pheasant Meadow meets the criteria for approval of CUP is contained in Section 7-
5 C 1-6 of the Zoning Ordinance.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE PLANNING COMMISSION
OF THE CITY OF PRIOR LAKE, MINNESOTA, that it recommends the City Council approve
the CUP for Pheasant Meadow subject to the following:
1. Subject to installation of Balsam Street from Pheasant Meadow Lane to the eastern terminus
of Balsam Street located within the plat of Sunset Hills Addition.
2. Approve the cluster, townhome development consisting of 42 townhome units.
3. No minimum setback standard from the units to the platted lot line of all proposed lots.
4. The following zoning standards shall apply to the CUP of Pheasant Meadow:
RS9620PC.DOC
16200 ~Ie Creek Ave. S.E.. Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
STANDARD
REQUIREMENT
:j[I_;j:~:.~IIj:[:IIII[:::::I:jI[j;\1I::::::::::::::::[II:I:::::::[:[j[[[[[[:[::[::::::[::::::::::::I:::::::::::Ii_[~:.~:::\::::::::::::I:::j::I::i.;.1ijfII\I:ff:I:fiI:IIiiIIIiiI::\:i\\
.CSAH....i.2....(i.70ih...Street.....SS.;..from.Centeri"iIie..of.....Proposed......c.sA"lI.."ii.....i~5;..l~o~....C~~t~aiii~...~t
Setback Setback
PROPOSED PUD
*The individual townhome
units shall not be subject
to setback requirement on
the individually platted
lots underlying the unit.
Passed and adopted this 13th day of May, 1996.
YES
NO
KUYKENDALL
CRlEGO
LOFTUS
WUELLNER
VONHOF
KUYKENDALL
CRIEGO
LOFTUS
WUELLNER
VONHOF
Dick Kuykendall, Chair
Planning Commission
Donald Rye, Director of Planning
City of Prior Lake
RS9620PC.DOC
CC
RESOLUTION 96-21PC
RESOLUTION OF THE PRIOR LAKE PLANNING COMMISSION RECOMMENDING THE
CITY COUNCIL APPROVE THE PRELIMINARY PLAT OF "PHEASANT MEADOW"
SUBJECT TO THE CONDITIONS OUTLINED HEREIN.
MOTION BY: SECOND BY:
WHEREAS: the Prior Lake Planning Commission conducted a public hearing on May 13, 1996, to
consider an application from Williams Development LLC, for the preliminary plat of
Pheasant Meadow; and
WHEREAS: notice of the public hearing on said preliminary plat has been duly published and
posted in accordance with the applicable Minnesota Statutes and Prior Lake
Ordinances; and
WHEREAS: the Planning Commission proceeded to hear all persons interested in this issues and
persons interested were afforded the opportunity to present their views and objections
related to the preliminary plat of Pheasant Meadow; and
WHEREAS: the Planning Commission reviewed the preliminary plat according to the applicable
provisions of the Prior Lake Zoning and Subdivision Ordinances and found said
preliminary plat to be consistent with the provisions of said ordinances; and
WHEREAS: the Planning Commission finds the preliminary plat of Pheasant Meadow to be
consistent with the Year 20 I 0 Comprehensive Plan.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE PLANNING COMMISSION OF
THE CITY OF PRIOR LAKE, MINNESOTA, that it hereby recommends the City Council approve
the preliminary plat of Pheasant Meadow subject to the following conditions:
I. Approval of the Conditional Use Permit (CUP) for Pheasant Meadow to allow a cluster,
tovvnhome development.
2. The preliminary plat shall be amended so there is no structure, (deck), encroachment into the setback
areas adjacent to the boundaries of the plat.
3. The landscape plan shall be amended to show the required irrigation system as per the Zoning
Ordinance.
4. The landscape plan should be amended to add additional shrubs and ornamental trees around the
entry monument, and to provide for boulevard tree plantings.
5. A Tree Preservation Plan shall be submitted to the City in accordance with Section 6.16 of the
RS962IPC.DOC
16200 ~Ie Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Prior Lake Zoning Ordinance.
6. The developer shall submit a draft of the covenants and/or agreements as a condition of preliminary
plat, as required by the Subdivision Ordinance.
7. The developer shall provide the required covenants and easements for proposed entry monuments as
required by Sign Ordinance 94-6.
8. A minimum of 30' setback from the 100 Year Flood Elevation to all building pads and house
locations is required.
9. A 5' wide concrete sidewalk shall be constructed along the entire length of Pheasant Meadow Lane to
the end of the cul-de-sac and be connected to an 8' bituminous trail providing a pedestrian link to the
west edge of the plat.
10. A 5' wide concrete sidewalk shall be located on the south side of Spruce Road which should be
constructed with the installation of other streets in the PUD.
11. A 30' wide trail easement over the 8' bituminous trail shall be given to the City of Prior Lake at the
time of final plat.
12. The park requirement for the subdivision will be a cash dedication in lieu ofland, the amount to be
determined at the time of final plat.
13. The name "Spruce" Road shall be changed to a street name which is not currently used in the City of
Prior Lake.
14. Balsam Street should be connected to Meadow Lane as indicated by the alternative shown on the
preliminary plat. A sidewalk should be constructed along Balsam Street, with the specific location to
be determined by City staff.
15. Dedication of 50' of right-of-way for 170th Street on CSAH 12, shall be required at the time offinal
plat, to accommodate the future upgrading of this street to a two (2) lane urban design with
bituminous trails.
16. Dedication of drainage and utility easements shall be required at the time of final plat, over the
southeast stormwater pond and all sewer and water lines constructed outside of the dedicated right-
of-way.
17. As shown on the preliminary utility plans, the sanitary sewer layout shall include an 8" sanitary sewer
stub and an 8" watermain stub in Spruce Road to serve the future development to the east.
18. An 8" watermain shall be extended to the south plat line to serve possible future development to the
south of Highway 13.
19. Five complete full-size and one II" x 17" set of the preliminary plat indicating all required
changes identified herein, shall be submitted to the Planning Department prior to submission of
a final plat for the development. Said full-size plan sheets shall be at the same scale as the final
plat.
1\S962IPC.OOC
CC
20. The preliminary plat is valid for 12 months from the date of approval by the City Council.
Failure to submit the final plat of the within the required time frame shall cause the preliminary
plat to become null and void.
Passed and adopted this 13th day of May, 1996.
YES
NO
KUYKENDALL
CRIEGO
LOFTUS
VONHOF
WUELLNER
KUYKENDALL
CRIEGO
LOFTUS
VONHOF
WUELLNER
Dick Kuykendall, Chair
Prior Lake Planning Commission
Donald Rye, Director of Planning
City of Prior Lake
RS962IPC.DOC
CC
. ,
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
PUBLIC HEARING TO CONSIDER AMENDMENTS
TO THE ZONING ORDINANCE REGARDING
INVALIDATION OF VARIANCES
R. MICHAEL LEEK, ASSOCIATE PLANNER
DONALD R. RYE, PLANNING DIRECTOR
_X_ YES _NO-N/A
MAY 13, 1996
PRESENTER:
REVIEWED BY:
PUBLIC HEARING:
DATE:
INTRODUCTION:
The purpose of this item is to consider two (2) proposed amendments to the Prior Lake
City Code and Zoning Ordinance 83-6. The first amendment would render all variances
granted null and void after one (1) year, rather than after one year only if appealed. The
second amendment would render variances granted before November 5, 1985 (the date of
publication of the last revision) null and void six (6) months after publication of the
proposed amendment.
DISCUSSION:
This issue arose in connection with concerns raised by members of the City Council
regarding a variance issued in 1977 and building permit issued in March of this year for
property identified as 15100 Martinson Island Road. Since the issues were first raised,
the City Attorney has concluded that the subject site was and is buildable "...without
necessity of a variance..." because it meets criteria contained in the Shoreland Ordinance.
(Memorandum from Suesan Lea Pace, City Attorney, to City Manager and City Council)
Nonetheless, the discussions about that property led to two realizations; 1) that state
statute and previous Prior Lake zoning ordinances did not provide for invalidation of
variances, and 2) that the amendment adopted in 1985 only invalidates variances in one
year if the variance has been appealed.
The proposed amendments would eliminate the language "if appealed" and would render
variances granted under the previous ordinance null and void six months after adoption
and publication.
96039PC.DOC
16200 ~ Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
ALTERNATIVES:
1. Recommend the City Council approve the amendments as presented.
2. Recommend the City Council approve the amendment with changes directed by
the Planning Commission.
3. Recommend the City Council not approve any of the amendments
ACTION REOillRED:
A motion to recommend that the City Council adopt the proposed amendments as written
or with changes directed by the Planning Commission.
A separate motion to close the public hearing is in order.
96039PC.DOC
RML
CITY OF PRIOR LAKE
ORDINANCE NO. 96-XX
AN ORDINANCE AMENDING SECTION 5-6-6 OF THE PRIOR LAKE CITY
CODE AND AMENDING SECTION 7.7 OF THE PRIOR LAKE ZONING
ORDINANCE (83-6).
The City Council of the City of Prior Lake does hereby ordain:
Section 5-6-6 of the Prior Lake City Code and Section 7.7 of the Prior Lake Zoning
Ordinance (83-6) are hereby amended to read as follows:
7.7 INVALIDATION: Any conditional use allowed by the City Council and/or
any variance allowed by the Board of Adjustment or the
City Council, if allllealed, shall become null and void one
(1) year from the date either or both were granted, unless
any necessary, required and/or appropriate permits have
been issued by the issuing authority as required to meet any
special conditions attached by the approving authority to
the grant of conditional use and/or variance or to approve
the spirit and intent of this ordinance.
~ van3l1CO!l vanloo before Nov~mhe1: 5. 1935. fllf lVhich
;:~;:: ~Of approppaW ~i~ hlIYe "'?t
SIX (6) ~~nths of publIcatIon of this
o;di~~~~ revision shall become null and void.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this _ day of
, 1996.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the _ day of
, 1996.
Drafted By: City of Prior Lake
16200 Eagle Creek Avenue
Prior Lake, Minnesota 55372
0RD96XX.DOC/CC
--- -..-- - - -~----- ._---_...~---~--_._._--- -----
NOTICE OF PUBLIC HEARING TO CONSIDER AN AMENDMENT TO
SECTION 5-6 OF THE PRIOR LAKE CITY CODE AND SECTION 7.7 OF THE
PRIOR LAKE ZONING ORDINANCE WHICH WOULD RENDER VARIANCES
GRANTED BEFORE THE PASSAGE OF ORD. NO. 85-10 ON OCTOBER 21,
1985, VOID SIX MONTHS AFTER ADOPTION OF THE PROPOSED
AMENDMENT
You are hereby notified that the Prior Lake Planning COmmission will hold a public
hearing at Prior lake Fire Station #1, located at 16776 Fish Point Road SE. (Southwest of
the intersection of County Road 21 and Fish Point Road), on Monday, May 13, 1996 at
7:00 p.m., or as soon thereafter as possible. The purpose of the public hearing is to
consider an amendment deleting Section 6-3-1 of the City Code and Subdivision
Ordinance. The proposed amendment will render variances not previously exercised, and
granted before October 21, 1985, void six months after passage of the amendment.
If you wish to be heard in reference to this item, you should attend the public hearing.
Oral and written comments will be considered by the Planning Commission. If you have
questions regarding this matter, contact the Planning Department at 447-4230.
Prepared this 22nd day of April 1996 by:
R. Michael Leek
Associate Planner
City of Prior Lake
TO BE PUBLISHED IN THE PRIOR LAKE AMERICAN ON APRIL 27 AND
MAY 4, 1996.
16200 eag?~P~~~~. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
Consider height variance for Cooperative Power
Association
Property located at the Southeast corner of Co. Rd. 42
and Timothy Avenue, legally identified as Part of the
NE 1/4 of the NE 1/4 of Sec. 30, Twp.115, Range 21.
R. Michael Leek, Associate Planner
YES ...x.... NO
May 13, 1996
SITE:
PRESENTER:
PUBLIC HEARING:
DATE:
INTRODUCTION:
The Planning Department received a variance application from Cooperative Power
Association (hereinafter Cooperative). Cooperative wishes to erect 4 steel poles with a
height of 60' instead of the 35' permitted under the Zoning Ordinance. As a part of the
project 2 existing poles would be replaced and 1 distribution pole, as well as the guy
wires would be removed. Cooperative has also proposed substantial, additional
landscaping on both the East and West sides of the property. The proposed changes are
part of a larger upgrade which will result in more reliable service for customers of
Cooperative, including Prior Lake residents. The overall project is described in attached
Exhibit A.
DISCUSSION:
The subject property is about 12,000 square feet in area, and is located in the Rl-
Suburban Residential Zoning District. The substation was constructed in 1985 under
Building Permit No. 1985-0302. About 5,000 customers are served by this substation.
The lot is substandard, measuring about 55 feet at the front, and containing about 8,200
square feet. The property is developed with a single family house with a building
footprint of about 961.44 square feet. The property does not currently have a garage.
The location of the proposed new poles, as well as the existing poles to be removed is
illustrated on the attached site plan. The applicant has also provided a "cross-sectional"
view illustrating the differences between the new and existing poles, as well as the
relative height of the trees to be planted as a part of this project.
As a part of its request, Cooperative proposes the installation of additional landscaping on
the site. (See attached "Planting Plan") Specifically, Cooperative proposes to install 21
trees. For illustrative purposes, if this project were subject to the City's landscaping
16200 ~ggl~~fe~Is.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 4.\7-4245
AN EQUAL OPPORTUNITY EMPLOYER
requirements, and based on 1 tree:40', 17 trees would be required. Minimum sizes would
be 2 1/2" caliper for deciduous and 6' for coniferous. The number proposed to be planted
is 4 greater than would be required, and the mix of plant materials includes some sizes
which are larger than would be required under the landscape provisions of the Ordinance.
The materials to be planted are according to the following schedule;
type:
Number:
Size:
Amur Maple 6
Austrian Pine 7
Black Hills Spruce 3
Imperial Honeylocust 5
8'.10' balled and burlapped
6' balled and burlapped
6' balled and burlapped
2 1/2" balled and burlapped
Variance Hardship Standards:
1. Literal enforcement of the Ordinance would result in undue hardship with
respect to the property.
Cooperative provides an essential public service. In doing so, they are limited in making
changes by the size of the site. If the Ordinance were literally enforced, the applicant
would be foreclosed from making changes which would 1) increase the reliability of
electric service which in turn would be of benefit to its customers, including residents of
Prior Lake, and 2) reduce the visual clutter of the guy wires currently on the site, and
better screen the substation. For these reasons, literal enforcement of the Ordinance
would result in an undue hardship to the property.
2. Such unnecessary hardship results because of circumstances unique to the
property.
The small size of the site, as well as its location in an already developed portion of the
community are circumstances unique to this site which severely limit the options for
making changes to update service to Cooperative's customers.
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 hardship results from the application of the Ordinance to this limited site which is
involved in the provision of an essential public service.
4. The variance observes the spirit and intent of this Ordinance, produces
substantial justice and is not contrary to the public interest.
The proposed variance observes the spirit and intent of the ordinance in that it would
result in visual clutter on the site being reduced, would provide for better screening of the
9627V APC.DOC/RML
2
site from the adjacent residential and commercial uses, and would thus better integrate the
site into the surrounding area.
ALTERNATIVES:
1. Approve the variance requested by the applicant, or approve any variance( s) 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 Ordinance criteria.
)lECOMMENDATION:
Because staff has concluded that the request for meets the Ordinance criteria, staff
recommends Alternative No.1, approval. In the event that the Planning Commission
approves the requested variance, the approval should be conditioned on installation of the
landscaping as depicted on Planting Plan.
ACTION REQlJIRED:
A motion adopting Resolution 9619PC approving the applicants' request for variance.
3
9627V APC.DOC/RML
<: ! ,.., /'~ C<""
J? 10'
/,-;.,. ~ -' ~......'
CITY OF PRIOR LAKE
APPLICATION FOR VARIANCE
VA1-w7
PID*~ '13 OOIUJO
'33
Applicant: Cooperative Power Association Home Phone: 937-~~a'
Address: 14615 Lone Oak Roads Eden Prairie. MN ~~~44- Wbrk Phone: 949-
Property Owner: Minnesota Valley Electric CooP ~ r----Home Phone:
Address: 125 Minnesota Valley Electric Drive.Jordan55352Wbrk Phone: 423-2313
Type of Ownership: Fee X Contract Purchase Agreement
Consultant/Contractor: Phone:
Existing Use
of Property: Essesential Service/Electric Substation Present Zoning:~\
Legal Description
of Variance Site: Part of NEis of the NEi of Section 30. Twp. 115. Range 21(Attached)
Variance Requested: Variance for heiqht 70'
Has the applicant previously sought to plat, rezone, obtain a variance or conditional
use permit on the subject site or any part of it? Yes X N:>
What was requested:
When: Disposition:
Describe ~e ~ of ~r~ements proposed: Installation of four steel poles to serve
substatlon. Two eXlstlng poles replaced & one distribution pole removed.
AI I guy Wlres removed. New landscape plan to be implemented.
SUBMISSION REOUIREMENl'S: ,
(A)Completed application form. (B)Filing fee. (C)Property SUrvey indicating the
proposed developnent in relation to property lines and/or ordinary-higlrwater mark;
proposed building elevations and drainage plan. (D) Certified from abstract firm,
names and addresses of property owners within 100 feet of the exterior boundaries of
the subject property. (E)Complete legal description & Property Identification Number
(PID). (F)Deed restrictions or private covenants, if applicable. (G)A parcel map
at 1 n-20 '-50' showing: The site developnent plan, buildings: parking, loading,
access, surface drainage, landscaping and utility service.
ONLY COMPLETE APPLICATIONS SHALL BE ACCEPrED AND REVIEWED BY THE PLANNIN:; <n1MISSION.
To the best of my knowledge the information presented on this form is correct. In
addition, I have read Section 7.6 of the Prior Lake Zoning Ordinance which specifies
r81Uiranents for variance procedures. I ~prOVide information and follow the
procedures as outlined in the Ordinance. r:r4--;(~
APPlicants Signature
Submitted this ~day of March 19-26
Fee Owners Signature
THIS SPACE IS '10 BE FILLED OUT BY THE PLANNIN:; DIREX:TOR
PLANNING OOMMISSION
CITY COmcrr. APPEAL
APPIDlED
APPROVID
DENIED
DENIED
mTE OF HFARIN:;
mTE OF HEARIro
CONDITIONS:
Signature of the Planning Director
Date
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96-027VA
Glendale - Prior Lake
69kV Transmission Line
Cooperative power Association * Transmission & Environmental S~rvices ~ February 1996
~~OPERATIVE
'W&fgWER
14615 Lone Oak Road
Eden Prairie. Minnesota 55344-2287
(612) 937-8599
.
Mlnnesolll Valley Electrlc ~
20425 JOHNSON MEMORIAL DRIVE
P.O. BOX 125
JORDAN. MN 55352
Project Need
The majority of the line that
Cooperative Power Association
(CP A) will constrUct will be built
using single shaft wood poles as
shown on the drawing. However,
steel poles will be used at the
Prior Lake substation and to turn
the comer at the northwest
quadrant Highway 13 and County
Road #42.
As a result of the project.. MVEC
will place several lines of
distribution underground to
minimize visual impacts.
Overhead distribution as an
underbuild on the proposed 69kV
line is expected to be placed along
Highway 13. north of the
intersection. Fewer poles will be
placed along Highway 13 than the
existing overhead distribution
circuit. Average spans will range
from 250 to 300 feet. Average
height of the poles is 65 - 70 feet.
This Project provides a second
source of power to Minnesota
Valley Electric Cooperative's
(MVEC) Prior Lake Substation.
The substation serves not only
existing loads but also new loads
recently established. New growth
is expected to continue to place
greater need for reliable power.
The second circuit is needed to
provide adequate and reliable
power to the growing areas served.
Route
To provide a reliable second
source of power for the Prior Lake
Substation.
The route was studied by the Co-
ops and NSP. After initial review.
the route was discussed with the
municipal planning staffs. The
landowners were also notified of
the plan to provide any input on
the proposed route. Alternatives
were limited once the decision was
made to start from the Glendale
Substation located at the
intersection of 138th Street and
Dakota Avenue.
Project Goal
The Line
For electrical purposes. the route
begins at CPA's Glendale
Substation. From the substation,
the project double circuits NSP's
115kV tranSmission line for
approximately 1.2 miles. affecting
8 NSP poles. NSP will convert
their H-frame poles to a single
steel pole, with double circuit
davit ann construction.
fypical CPA Structure Along
State Highway 13 showing
distribution underbuild.
PROJECT ~IAP &
SCHEDULE ON
BACK PAGE EF
EXHIBIT A
PROJECT AMP
....... .......C'o~
-...;~
.......
F .A.U.Y · rACt;
.
o CPA Phase I
~ CPA Phase II
.
~
29 !"
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Substations
NSP Reconstruction
27 ·
Phase I Construction: NSP
Reconstruction & CP.:4/1VSP Tap
Transmission Polesfrom Tap to
County Road #42.
Phase II Construction 1997: Countv
.-
Road #42 into Prior Lake Substation
Easements
No easements are expected to be obtained
from residential home owners. NSP' s
reconstruction will occur in existing right-
of-way. Cooperative Power will use
public right-of-way for placement of the
poles, and obtain maintenance and tree
trimming easements for their 1.2 miles.
While the 1.2 miles is currently
undeveloped, CPA has considered the
probable development alternatives for the
properties.
1996/7 PROJECT
SCHEDULE
Design l~farch 1996
NSP Reconstruction April 1996
Municipal Approvals iWarch 1996
Start Construction
Phase I August 1996
Phase II
Completion
April 1997
May 1997
IfYOll have all}'
questions contact:
Kevin Maas
Land Use Manager
Cooperative Power
14615 Lone Oak Road
Eden Prairie, !v1innesota
55344-2287
( 612)949-8287
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NOTICE OF HEARING FOR A VARIANCE FROM SECTION 5.1
OF THE ZONING ORDINANCE TO PERMIT THE INSTALLATION OF POLES
TO SERVE AN ELECTRICAL SUBSTATION, SAID POLES TO HAVE A
HEIGHT OF 70 FEET INSTEAD OF THE PERMITTED 35 FEET ON
PROPERTY LOCATED IN THE BI-LIMITED BUSINESS ZONING DISTRICT.
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 ofC.R. 21 and Fish Point Road), on: Monday, April 22, 1996, at 7:00 p.m.
or as soon thereafter as possible.
APPLICANT: Cooperative Power Association
14615 Lone Oak Road
Eden Prairie, Minnesota 55344-2287
SUBJECT SITE: Part of the NE 1/4, of the NE 1/4 of Section 30, Twp. 115,
Range 21.
REQUEST: The applicant proposes the installation of 4 poles; 2 existing poles
are to be replaced and 1 existing pole and all "guy wires" are to be
removed.
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
16200 ~~~~~. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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: April 8, 1996.
96027PN.DOCIRML
2
- -- - --- --------- -- - - -- - - -- - - - - - - - -
RESOLUTION 96-19PC
A RESOLUTION GRANTING A 25 FOOT VARIANCE TO PERMIT THE
INSTALLATION OF 4 POLES HAVING A HEIGHT OF 60 FEET INSTEAD OF THE
PERMITTED 35 FEET AT THE SUBSTATION LOCATED ON PROPERTY
IDENTIFIED AS PART OF THE NE 11/4, OF THE NE 1/4 OF SECTION 30, TWP.
115, RANGE 21, SCOTT COUNTY, MINNESOTA.
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Cooperative Power Association has applied for a variance from Section 5 of the
Zoning Ordinance in order to permit the erection of 4 poles with a height of 60
feet at its substation located at the intersection of Timothy Avenue and Co. Rd.
42, in the RI-Suburban Residential at the following location, to wit;
THE NE 11/4, OF THE NE 1/4 OF SECTION 30, TWP. 115, RANGE 21,
SCOTT COUNTY, MINNESOTA.
2. The Board of Adjustment has reviewed the application for variance as contained
in Case 96-027V A and held a hearing thereon on May 13, 1996.
3. 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.
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 variances
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, 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. Among the conditions applying to the subject property, 1) that it
16200 ~8gt~~. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
- - - - - -- -- --- - - - - -
is used for the provision of an essential public service, 2) the site is relatively
small, thus limiting placement of the proposed poles.
6. The granting of the variances 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 applicant, but is necessary to alleviate demonstrable
hardship.
7. The contents of Planning Case 96-027 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 the 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 variances;
A 25 FOOT VARIANCE TO PERMIT THE INSTALLATION OF 4 POLES
HA VING A HEIGHT OF 60 FEET INSTEAD OF THE PERMITTED 35 FEET.
Adopted by the Board of Adjustment on May 13, 1996.
Richard Kuykendall, Chair
ATTEST:
Donald R. Rye, Planning Director
9619PC.DOCIRML
2
lLANNING REPORT
AGENDA ITEM:
SUBJECT:
SITE:
PRESENTER:
PUBLIC HEARING:
DATE:
4.D
'~. "ackSon rail
R. Michael Leek, Associate Planner
YES ..x. NO
t......
INTRODUCTION:
The Planning Department received a variance application from Robert W. Ostdiek. Mr.
Ostdiek wishes to build a 32'x 56'(1,792 square foot) pole building for the storage of
personal property, such as collector cars. The proposed building would be located 74.68'
from the East property line and 147.62' from the front property line.
DISCUSSION:
The subject property is zoned RI-Suburban Residential. The property is in the plat of
Titus 2nd Addition, which was approved by the Prior Lake City Council in 1974. The
house and attached garage on the subject site were constructed in 1976.
Section 4-7-4 of the Prior Lake City Code regulates "pole buildings". Specifically, such
buildings are permitted only in the AI-Agricultural and CI-Conservation zoning 4istricts
unless specifically approved by the City Council in cases where the proposed use is
compatible with that type of structure, and when a pole building would not be offensive
to other property owners or persons within the City. Because the use of a pole building
can only be approved by the City Council, the Commission's role in this variance is to
make a recommendation to the Council as to whether or not a pole building should be
allowed, as opposed to actually granting the variance.
The maximum size of detached, accessory structures in the RI zoning district is limited to
832 square feet by Section 6.2(A)3 of the Zoning Ordinance. In 1994, a number of
variances were granted to permit the construction of a 3,500 square foot pole building on
the property identified as 13151 Pike Lake Trail. (Case No. 1994-0032). At the time this
report was written the file was being microfilmed, and thus could not be.reviewed.
However, conversations with the Building Official indicated that the variance was
granted on the condition that the building be used only for hay storage in connection with
an active farming operation. The use of such a building for agricultural purposes can be
distinguished from its use for the storage of personal property.
16200 1!8~~~Is.E.. Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
The subject property is anomalous in that it is in the RI-Suburban Residential zoning
district, which is designed for urban-style, sewered residential development. However,
the 2010 Land Use Plan assumes that this area will remain unsewered, thus limiting
development potential. Thus, while the area is likely to remain rural
residentiaVagricultural in character, its use is limited by regulations intended for smaller
lot residential development. For these reasons, the Commission may want to consider
whether a zoning change of some sort would be appropriate for this area of the City, and
may want to recommend to the Council that it consider such a change.
Variance Hardship Standards:
1. Literal enforcement of the Ordinance would result in undue hardship with
respect to the property.
This criterion goes to whether reasonable use can be made of the property if the
Ordinance is literally enforced. It also goes to whether the applicant has legal alternatives
to accomplish the intended purpose without the requested variance. In past decisions, the
Commission has concluded that a component of reasonable residential use is the
provision of2 covered (i.e. garage) parking spaces. The subject property does currently
have a garage. In addition, the applicant doe have a legal, if not as desirable, alternative
available without the requested variances. Specifically, the applicant could construct up
to an 832 square foot detached garage for the storage of additional personal property. For
these reasons, there would not be undue hardship with respect to the property if the
Ordinance were literally enforced.
2. Such unnecessary hardship results because of circumstances unique to the
property.
Because staffhas concluded that there would be no undue hardship with respect to the
property, this criterion is de facto not met. Mr. Ostdiek's request is in part based on the
contention that the property is unique because of its size and its character, and the
character of the surrounding area. Staffhas concluded that because reasonable use is
available, this argument is not compelling. However, as stated above, it is an anomalous
situation that the Commission may wish to address independently of this request.
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.
To the extent there is a perceived hardship, it relates specifically to choices made by the
applicant in acquiring property requiring storage. It is not a result of the application of
the provisions of the Ordinance to the subject property.
9630V APC.DOC/RML
2
- __ - - - __ _________ __ __ __ __ _n __ _ -- -
4. The variance observes the spirit and intent of this Ordinance, produces
substantial justice and is not contrary to the public interest.
The proposed use of the building does not appear to be the type of use contemplated
under Section 4-7-4 of the City Code. In this respect, the request to permit a pole
building does not appear consistent with the spirit and intent of the Ordinance. Similarly,
because the proposed use is for the storage of personal property, as opposed for example
for agricultural use, the area variance would be inconsistent with the provisions in Section
6.2 of the Zoning Ordinance.
ALTERNATIVES:
1. Approve the building area variance requested by the applicant, and recommend
approval of the variance to permit a pole building in the Rl zoning district.
2. Approve a building area variance as requested or as modified by the Commission,
but recommend denial of the variance to permit a pole building in the Rl zoning
district.
2. Table or continue discussion of the item for specific purpose.
3. Deny the request for building area variance and recommend denial of the variance
to permit a pole building in the Rl zoning district because the Commission finds a
lack of demonstrated hardship under the Zoning Ordinance criteria.
RECOMMENDATION:
Because staff has concluded that the request does not meet the Ordinance criteria, staff
recommends Alternative No.4, denial of the request.
ACTION REQUIRED:
A motion adopting Resolution 9617PC recommending denial of the request to permit
construction of a pole building in the R I-Suburban Residential zoning district, and
Resolution 9618PC denying the request for a variance to permit a detached accessory
structure with an area of 1,792 square feet.
3
9630V APC.DOC/RML
CITY OF PRIOR LAKE
APPLICATION FOR VARIANCE
~licant: ~i,,:{ tJ. pS~ofe4
Address: l( 0 - t' I: ~o 'J- S h,;,.. [4 k~
Property Owner: % 11'1 'C-
Address: .s ~ f'" ~
Type of Ownership: Fee
Consul tant/Contractor:.
VA~-030
PID# ~y - orr '" / 1-0
Hane Phone:
5$"37"- Work Phone:
Home Phone:
Work Phone:
Purchase Agreanent
Phone:
lftf~ -(/1~~
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Contract
Existing Use tJ 1.1 I
of Property: 11 es / ~efllj;f
Legal Description cI
of Variance Site: LtJ f II tJ(1l I;)
Variance Requested:
tA <;~
Present Zoning:
I'M~oI4.
Has the applicant previously sought to plat, rezone,
use peIIIlit on the subject site or any part of it?
What was requested:
When: Disposition:
Po/~ 8t.(/1~'AJ' /
obtain a variance or conditional
Yes ~ NJ
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SOBMISSION REOUIREMEm'S:
(A)Completed application foon. (B) Filing fee. (C)Property SUrvey indicating the
proposed developnent in relation to property lines and/or ordinary-high-water mark;
proJ;X)sed building elevations and drainage plan. (D>Certified fran abstract fim,
names and addresses of property owners within 100 feet of the exterior boundaries of
the subject property. (E)Complete legal description & Property Identification Number
(pm). (F)Deed restrictions or private covenants, if applicable. (G)A parcel map
at 1 "-20 '-50 I showing: The site developnent plan, buildings: parking, loading,
access, surface drainage, landscaping and utility service.
ONLY COMPLETE APPLIOlTIONS SHALL BE ACCEPTED AND REVIEWED BY THE PLANNIN:i moo:SSION.
To the best of ~ knowledge the infoonation presented on this foon is correct. In
addition, I have read Section 7.6 of the Prior Lake Zoning Ordinance which specifies
rEqUiranents for variance procedures. I agree ~ infOtmat:i~r/ follow the
procedures as outlined in the OIdinance. . W. OJ;;1;{.wt (~M FEe.
~7 .1J J -N1- APPlicants Signature O"V'NetZ-)
Submitted this~day of 111~h..I1 19.:L'P
Fee Owners Signature
THIS SPACE IS '10 BE FILLED our BY THE P!.A.NNIN:; DIREcr'OR
PLANNING CDMMISSION
CITY COtThx:n. APPEAL
<DNDITIONS:
APPRGVED
APPROVED
DENIED
DENIED
DM'E OF HFARIN;
DM'E OF HFARm:;
Signature of the Planning Director
Date
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CERTIFICATE OF SURVEY
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NOTE
PROPERTY DESCRIPTION
Lot" II .,nd 12. Block l.
.TITUS 2NO ^OOrTION.
acc~~d\ng to the ~ecorded plat ther~of,
:;cott (:n'lnty, "1innesota.
H'1.OHG "ON ~HT ANa
ID€NTll'ICAnoH DISC IACTUA~ SIZEI
SET AT A~~ OOIHTS IHOICATED.
MINH. A€G. LAND SURVEYOR .- 7095
0 Denotes Iron monument set"_ , see note
. Oenoteg j ron monument found
(9VJ1) nenot~s exLsting elevation
[93 $] nenntes proposed elevation
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EJ~va~l~n lQQ.OO'as"um~rl d~tum
BOERHAVE LAND SURVEYING, INC.
r hereby ceTtify th~t this survey, plan or report
w~s pTepared by me or under my direct supervision
and th;at t ;am a duly Re~istered Land Surveyor
under he laws of the State of MinneAota.
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.J e~ lioerl1ave RI.S
D"te , 'AI<CH 14; /906 R"l!. !'In. 70'15
1(24) Miroka Circle N.E.
Prior Laice'. Minnnolll SSJ12
~12''''''5.9IS'
NOTICE OF HEARING FOR THE FOLLOWING VARIANCES;
1. A VARIANCE FROM SECTION 4-7-4 OF THE CITY CODE TO
PERMIT THE CONSTRUCTION OF A POLE BUILDING IN
THE RI-SUBURBAN RESIDENTIAL ZONING DISTRICT;
2. A VARIANCE TO PERMIT A DETACHED ACCESSORY
STRUCTURE WITH AN AREA OF 1,792 SQUARE FEET
INSTEAD OF THE MAXIMUM 832 SQUARE FEET
PERMITTED UNDER SECTION 6.2(a)3 OF THE ZONING
ORDINANCE.
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 ofC.R. 21 and Fish Point Road), on: Monday, April 22, 1996, at 7:00 p.m.
or as soon thereafter as possible.
APPLICANT: Robert W. Ostdiek
4510 Jackson Trail NE.
Prior Lake, Minnesota 55372
SUBJECT SITE: Lots 11 and 12, Block 1, Titus 2nd Addition, Scott County,
Minnesota, also known as 4510 Jackson Trail NE.
REQUEST: The applicant proposes the construction of a 32' x 56' pole
building for the storage of personal property, such as collector
vehicles. The proposed building would be located as shown on the
attached survey copy.
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.
9630PN.OOC I
16200 ~ Creek Ave. S.E.. Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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: April 11, 1996
2
9630PN.DOC
RML
RESOLUTION 9617PC
A RESOLUTION RECOMMENDING DENIAL OF A REQUEST BY ROBERT W.
OSTDIEK TO PERMIT CONSTRUCTION OF A POLE BUILDING ON THE
PROPERTY LOCATED AT 4510 JACKSON TRAIL NE. IN THE RI-SUBURBAN
RESIDENTIAL ZONING DISTRICT;
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Robert W. Ostdiek has applied for a variance from Section 4-7-4 of the Prior Lake
City Code to permit the construction of 1,792 square foot pole building for the
storage of personal property on property located in the RI-Suburban Residential
zoning district at the following location, to wit;
Lots 11 and 12, Block I, TITUS 2ND ADDITION, Scott County
Minnesota.
2. The Board of Adjustment has reviewed the application for variance as contained
in Case 96-030V A and held a hearing thereon on April 22, 1996.
3. 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.
4. The request does not meet the Ordinance criteria, in that reasonable use of the
property can be obtained if the Ordinance is literally applied, and legal
alternatives exist for placing a detached, accessory building on the property.
5. The granting of the variance is not necessary for the preservation and enjoyment
of a substantial property right of the applicant. The variance would serve merely
as a convenience to the applicant, but is not necessary to alleviate demonstrable
hardship.
7. The contents of Planning Case 96-030V A are hereby entered into and made a part
of the public record and the record of decision for this case
16200 ~~gl~~. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245fAN EQUAL OPPORTUNITY EMPLOYER
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby recommends
denial of the requested variance to permit a pole building in the RI-Suburban Residential
zoning district.
Adopted by the Board of Adjustment on April 22, 1996.
Richard Kuykendall, Chair
ATTEST:
Donald R. Rye, Planning Director
2
96 1 7PC.OOC/RML
RESOLUTION 9618PC
A RESOLUTION DENYING A REQUEST BY ROBERT W. OSTDIEK TO PERMIT
CONSTRUCTION OF A 1,792 SQUARE FOOT ACCESSORY BUILDING ON THE
PROPERTY LOCATED AT 4510 JACKSON TRAIL NE. IN THE RI-SUBURBAN
RESIDENTIAL ZONING DISTRICT;
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Robert W. Ostdiek has applied for a variance from Section 6.2 of the Prior Lake
Zoning Ordinance to permit the construction of 1,792 square foot accessory
building for the storage of personal property on property located in the Rl-
Suburban Residential zoning district at the following location, to wit;
Lots 11 and 12, Block 1, TITUS 2ND ADDITION, Scott County
Minnesota.
2. The Board of Adjustment has reviewed the application for variance as contained
in Case 96-030V A and held a hearing thereon on April 22, 1996.
3. 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.
4. The request does not meet the Ordinance criteria, in that reasonable use of the
property can be obtained if the Ordinance is literally applied, and legal
alternatives exist for placing a detached, accessory building on the property.
5. The granting of the variance is not necessary for the preservation and enjoyment
of a substantial property right of the applicant. The variance would serve merely
as a convenience to the applicant, but is not necessary to alleviate demonstrable
hardship.
7. The contents of Planning Case 96-030V A are hereby entered into and made a part
of the public record and the record of decision for this case
16200 ~8~~. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby denies the
requested variance to permit a 1,792 square foot accessory building in the Rl-Suburban
Residential zoning district.
Adopted by the Board of Adjustment on April 22, 1996.
Richard Kuykendall, Chair
ATIEST:
Donald R. Rye, Planning Director
2
9618PC.DOCJRML
fLANNING REPORt
AGENDA ITEM:
SUBJECT:
4.E
SITE:
PRESENTER:
PUBLIC HEARING:
DATE:
3842 PERSHING ST. SW
R. MICHAEL LEEK, CITY PLANNER
..... NO
INTRODUCTION:
The Planning Department received a variance application from Andrew and Renee
Siebenaler. The Siebenalers wish to construct an attached 2-car garage with living area
above it. The proposed garage would measure 20' x 24', and would result in a front yard
setback of 19.49 feet instead of the required 25 feet.
DISCUSSION:
The subject property is zoned Rl-Suburban Residential and is located in the SD-
Shoreland District. The subject property was platted as a part of GREEN HEIGHTS in
1927, several decades before this area was annexed by the City of Prior Lake. The lot is
substandard, measuring about 55 feet at the front, and containing about 8,200 square feet.
The property is developed with a single family house with a building footprint of about
961.44 square feet. The property does not currently have a garage.
The proposed garage and living addition would meet the required side yard setbacks, and
the resulting impervious surface coverage would be below the 30% limit on coverage.
The survey submitted with this application does not show the impervious surface
calculation. If the variance is approved, the survey submitted with the building permit
application should have been revised to show the percentage of impervious surface
coverage.
The existing side yard setbacks measure about 13 feet on sides. This is too narrow to
permit a reasonably sized driveway which meets the 5 foot setback requirement for
driveways, thus restricting use of the rear yard area for a garage. In addition, location of
a garage in the rear yard would result in a longer driveway, and thus increased impervious
surface coverage.
16200 J:!8~I~~S3(~. 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. It also goes to whether the applicant has legal alternatives to
accomplish to the requested variance. In past decisions, the Commission has concluded
that a component of reasonable residential use is the provision of2 covered (i.e. garage)
parking spaces. The subject property does not currently have a garage, and their is no
alternative available to the applicants which would not require a variance. For these
reasons, this criterion is met.
2. Such unnecessary hardship results because of circumstances unique to the
property.
The hardship results from the narrowness of the lot, and the placement of the house
(constructed in 1977) on the lot. This in turn results from the time period during which
the lot was platted under a different jurisdiction. These circumstances are unique to the
subject 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.
The inability to construct a garage on the subject property without a variance is the result
of the application of the Ordinance requirements, and is not the result of any actions of
the applicants.
4. The variance observes the spirit and intent of this Ordinance, produces
substantial justice and is not contrary to the public interest.
The structure resulting from the addition proposed by the applicants would be similar in
scale to other houses in the neighborhood, and would have a front yard setback also in
keeping with other houses in the neighborhood. Thus, granting the variance would
observe the spirit and intent of the Ordinance.
AL TERNA TIVES:
1. Approve the variance 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 Ordinance criteria.
9631 V APC.DOC/CC
2
RECOMMENDATION:
Because staff has concluded that the request for meets the Ordinance criteria, staff
recommends Alternative No.1, approval.
ACTION REQillRED:
A motion adopting Resolution 9614PC approving the applicants' request for variance.
3
9631VAPC.DOC/CC
_ -- -- ...-- -- - - -..-- - --- --- --- -.-- -- -
'C'Applicant:
Address:
Property o..mer:
Address:
Type of cwnership: Fee
Consultant/Contractor:
CITY OF PRIOR LAKE
APPLI<M'ION FOR VARIANCE
VA%-03}
PID# 2.5- 1'")94 -r;~-o
L
Home Phone: 44tJ-/ S"Ah
Work Phone: ~. A~~,
Home Phone:= . ,-if:;j?,
Work Phone:
Purchase Agreement
Phone:
Existing Use (J
of Property: ~~~~,~ Present Zoning: (t-I~O
Legal Description~ /J I I I:. I .
of ~ariance Site: 1lo qrcth ~",f!A9nrs
Vanance Request~:~ -;;;;;:;:~ ; .
5'11:. u ;t Lf-t.-d. T _ULVU_~AAA.L/
Has the applicant previously sought to plat, rezone, obtain a variance or conditional
use pennit on the subject site or any part of it? Yes >\ N:l
What was requested:
When: Disposition:
Descr~e '~fiM6i~,rj;'"h2i]}lrop;lSed:~LJf u?r,}f, LAJ~ 111 <if':tN
SDBMISSION REOUIREMENrS:
(A)Completed application fonn. (B)Piling fee. (C) Property SUrvey indicating the
proposed developnent in relation to property lines and/or ordinary-higlr-water mark;
pro{XJsed building elevations and drainage plan. (D)Certified from abstract finn,
names and addresses of property owners within 100 feet of the a~erior boundaries of
the subject property. (E)Complete legal description & Property Identification Number
(PID). (F)Deed restrictions or privat~ covenants, if applicable. (G)A parcel map
at P-20'-SO' showing: The site developnent plan, buildings: parking, loading,
access, surface drainage, landscaping and utility service.
ONLY COMPLETE APPLICATIONS SHALL BE ACCEPI'ED AND REVIEWED BY THE PLANNIN:i <D1MISSION.
To the best of my knowledge the infonnation presented on this fonn is correct. In
addition, I have read Section 7.6 of the Prior Lake Zoning Ordinance which specifies
requirements for variance procedures. I agree t provide. 0 tion and follow the
procedures as outlined in the Ordinance. ...
Submitted this lday of ~\'- 19cty
THIS SPACE IS ro BE FILLED OUT BY THE PLANNIN:; DlREcr'OR
PLANNING CDMMISSION
CITY comOL APPEAL
<DNDmONS:
APPROVED
APPROVED
DENIED
DENIED
J::lM'E OF HFARIN:i
J::lM'E OF HE'ARnt;
Signature of the Planning Director
Date
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RESOLUTION 9614PC
A RESOLUTION GRANTING A 5.51 FOOT VARIANCE TO PERMIT A FRONT
YARD SETBACK OF 19.49 FEET INSTEAD OF THE REQUIRED 25 FEET TO
PERMIT THE CONSTRUCTION OF AN ATTACHED, 2-CAR GARAGE WITH
ADDITIONAL LIVING AREA ON PROPERTY LOCATED AT 3842 PERSHING
STREET SW., LEGALLY DESCRIBED AS LOT 36, GREEN HEIGHTS,
SCOTT COUNTY, MINNESOTA.
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
I. Andrew and Renee Siebenaler have applied for a variance from Sections 4 of
the Zoning Ordinance in order to permit the construction of an attached, 2-car
garage with additional living area on property located in the RI-Suburban
Residential and SD-Shoreland Districts at the following location, to wit;
3842 Pershing St. SW., legally described as Lot 36, GREEN HEIGHTS,
Scott County, Minnesota.
2. The Board of Adjustment has reviewed the application for variance as contained
in Case 96-031 VA and held a hearing thereon on April 22, 1996.
3. 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 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, 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.
16200~. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
- -- --------- - -- - - - -
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. Among the conditions applying to the subject property which the
Board of Adjustment relied upon are; 1) its small size, 2) its narrowness.
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.
7. The contents of Planning Case 96-031 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 the 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;
1. A 5.51 foot variance to permit a front yard setback of 19.49 feet instead of the
required 25 feet.
Adopted by the Board of Adjustment on April 22, 1996.
Richard Kuykendall, Chair
A TIEST:
Donald R. Rye, Planning Director
2
9614PC.DOCJRML
NOTICE OF HEARING FOR A 5.51 FOOT VARIANCE FROM SECTION 4 OF
THE PRIOR LAKE ZONING ORDINANCE TO PERMIT A FRONT YARD
SETBACK OF 19.41 FEET INSTEAD OF THE REQUIRED 25 FEET TO
ALLOW THE CONSTRUCTION OF AN ATTACHED GARAGE AND LIVING
AREA ON PROPERTY LOCATED IN THE RI-SUBURBAN RESIDENTIAL
AND SD- SHORELAND ZONING DISTRICTS
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 ofC.R. 21 and Fish Point Road), on: Monday, April 22, 1996, at 7:00 p.m.
or as soon thereafter as possible.
APPLICANT: Andrew and Renee Siebenaler
3842 Pershing St. SW
Prior Lake, Minnesota 55372
SUBJECT SITE: 3842 Pershing St. SW, legally described as Lot 36, GREEN
HEIGHTS, Scott County, Minnesota.
REQUEST: The applicants propose the construction of an attached 2-car
garage with living area on the second level.
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
16200 l!8~~~~~. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
------------- -
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: April 8, 1996.
2
96031PN.DOCJRML
------------------------------------------
P
AGENDA ITEM:
SUBJECT:
SITE:
PRESENTER:
PUBLIC HEARING:
DATE:
4.F
Consider variance for Michael Leitchman
3044 Spring Lake Rd./Co. Rd. 12
R. Michael Leek, City Planner
YES .-X.. NO
April 22, 1996
INTRODUCTION:
The Planning Department received a variance application from Michael Leitchman. Mr.
Leitchman wishes to construct a single-family house with attached 2-car garage on the
subject site. The proposed structure would have a front yard setback of 60 feet instead of
the required 85 feet from the centerline of Co. Rd. 12, and a rear yard setback of 11 feet
instead of the required 25 feet. The proposed impervious surface coverage is 18.4%, less
than the permitted 30%. Thus a variance is not requested for coverage.
DISCUSSION:
The subject property is zoned Rl-Suburban Residential and is located in the SD-
Shoreland District. The subject property was is located in the original plat of Spring
Lake Village. As can be seen from the attached survey, literal application of the Zoning
Ordinance requirements would result in a very limited building area; about 23' at its
widest point.
The proposed house itself has a "footprint" of about 1,040 square feet. The applicant has
evaluated other locations for the proposed house, most notably flipping the plan so that
the garage and driveway would be closer to the East property line. However, the County
has indicated to the applicant that the proposed driveway location is preferred because it
provides the optimum line of sight. As can be seen from the survey, the proposed front
yard setback is consistent with the setback of the existing house to the East. The
proposed house location would also maintain substantial separation from that house.
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. It also goes to whether the applicant has legal alternatives to
16200 ~~~I8.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
accomplish to the requested variance. Particularly because of the manner in which Co.
Rd. 12 (which has a greater setback requirement than a local street) wraps around the
subject site, literal enforcement of the setback requirements result in an essentially
unusable buildable area, and thus an undue hardship. For this reason this criterion is met.
2. Such unnecessary hardship results because of circumstances unique to the
property.
The hardship results directly from the application of the Ordinance requirements to this
lot, which is a part of a plat which pre-existed the requirements. These circumstances are
unique to the subject 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.
The inability to use the subject property without a variance is the result of the application
of the Ordinance requirements, and is not the result of any actions of the applicants.
4. The variance observes the spirit and intent of this Ordinance, produces
substantial justice and is not contrary to the public interest.
The structure resulting from the addition proposed by the applicants would be similar in
scale to other houses in the neighborhood, and would have a front yard setback also in
keeping with other houses in the neighborhood. Thus, granting the variance would
observe the spirit and intent of the Ordinance.
ALTERNATIVES:
I. 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 Ordinance criteria.
RECOMMENDATION:
Because staff has concluded that the request for meets the Ordinance criteria, staff
recommends Alternative No.1, approval.
ACTION REQUIRED:
A motion adopting Resolution 9619PC approving the applicant's request for variance.
9632V APC.DOCIRML
2
VA qh - D51,
pm# .;J-f -/:j 3 C'IS- 0
CITY OF PRIOR LAKE ~,~
APPLICATION FOR VARIANCE
't.pplicant: ~.~ Home Phone:j-.3~7-(n-Q-Jo~
Address: " ~ "JV~ ~ 11!.1 /J~ Work Phone:
Property ONner: ~r. Home Phone:
Address: .=l044' 1 ({)fVI .sf, Work Phone:
Type of ONnership: Fee ~/ ~ntract Purchase Agreement
Consultant/Contractor: 'J?1)~ ~-.d;/V2.. Phone: ~'lJ- 0 ~ 9 '6
Existing Use
of Property: ~ Present Zoning: ~I
Legal Description
of ':'ariance Site: ~ ? .. ~ 7! ~ ~:3 ~ t:;;t ~ 'V~
Var~ance Requested: _~u.J ~ c;;~_"'" ~ + - - -'----
Has the applicant previously sought to plat, rezone,
use peonit on the subject site or any part of it?
What was requested:
When: Disposition:
Describe the type of improvements proposed: ~11 j----rnj.lo ~~ ~
/~~ tJ~
d
SUBMISSION REOUIREMENI'S:
(A)Completed application form. (B)Filing fee. (C)Property SUrvey indicating the
proposed developnent in relation to property lines and/or ordinary-high-water mark;
proposed building elevations and drainage plan. (D>Certified from abstract fim,
names and addresses of property owners within 100 feet of the a~erior boundaries of
the subject property. (E)Complete legal description & Property Identification NUmber
(pm). (F)Deed restrictions or private covenants, if applicable. (G)A parcel nap
at P-20 '-50' showing: The site developnent plan, buildings: parking, loading,
access, surface drainage, landscaping and utility service.
obtain a variance or conditional
Yes )( ~
ONLY COMPLETE APPLICATIONS SHALL BE ACCEPrED AND REVIEWED BY THE PLANNIN; <n1MISSION.
To the best of my knowledge the infoonation presented on this form is correct. In
addition, I have read Section 7.6 of the Prior Lake Zoning Ordinance which specifies
requirenents for variance procedures. I agree to provide information and follow the
procedures as outlined in the Ordinance. m~ r?~
Applicants Signature
~~~
Fee GWners Signature
SUbmitted this Lday of ~
192.t.
THIS SPACE IS 10 BE FILLID OUT BY THE ~ DIRECTOR
t:lA1'E OF HFARIN;
t:lA1'E OF HFARIN:;
PLANNING COMMISSION
CITY comOL APPEAL
<DNDmONS:
APPROVED
APPROVED
DENIED
DENIED
Signature of the Planning Director
Date
SURVEY PREPARED FOR:
MIKE PETERS
4048 134TH CIRCLE
SAVAGE, MN 55378
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SUITE 120-C, 16670 FRANKLIN TRAIL
FRANKLIN TRAIL OFFICE CONDOMINIUM
PRIOR LAKE, MINNESOTA 55372
TELEPHONE (612) 447 _ 2570
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[,ot 6. Block 33. Spt'ing ['ake Village, Scott County. -_
location of the pC'opoeed house as staked this 12th
~ot 7, and the west half of
Minnesota. AI "0 sh""ing the
day of March, 1996.
NOT~~' BenchmaC'k gl. 926.G2 top of the NbC'thwesteC'ly setback hub.
924.2 Denotes exi"ting gC'ade elevation
.
~ Denotes pC'oposed finished gC'ade elevations
Denotes pC'oposed direction of finished suC'face drainag..
Set the proposed gaC'age slab at elevatio 926.37
Set the proposed top block at elevatio 927.00
IN
40
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FEET
o Oenf1fn 1/2 inch . 'of inch .,.on
montItMnt s.t and morlted by
Llc.n.. No /0/83
. Denot" "on ,"O"umwwt found
~ a.notes p f( NtJrl"~'
The l""..st flocC' elevation 'Jill be 923.96
~ot Area = 12,160 sq. ft.
N"t impeC'vious coveC' = 18.4%
'h....1Jy C_f,IItrtt"......,__
by I'M or under "., ~ ...-vi.,.. tJrrtI tltet
f om a duly fie.,.," Land S..,.,. under ~
~O, ".. Sta.. oIIIt12
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Oat. .;3 -/7 - ..,. Lic.n.. Na. 10183
FILE No. 3765
800K 213
"'AGE~
..----..-------..-.-
CORRECTED
NOTICE OF HEARING FOR A REQUEST FOR THE FOLLOWING
VARIANCES;
1 15 FOOT FRONT YARD VARIANCE TO PERMIT A FRONT YARD
SETBACK FROM THE CENTERLINE OF COUNTY ROAD 12 OF 60
FEET INSTEAD OF THE REQUIRED 85 FEET;
2 14 FOOT REAR YARD VARIANCE TO PERMIT A SETBACK OF 11
FEET INSTEAD OF THE REQUIRED 25 FEET;
FOR CONSTRUCTION OF A SINGLE FAMILY HOUSE WITH ATTACHED
GARAGE ON PROPERTY LOCATED IN THE R1-SUBURBAN RESIDENTIAL
AND SD-SHORELAND DISTRICTS
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, April 22, 1996, at 7:00 p.m.
or as soon thereafter as possible.
APPLICANT: Michael Leitchman
664 Crazy Woman Canyon Road
Buffalo, Wyoming 82834
SUBJECT SITE: Lot 7 and the West 1/2 of Lot 6, Block 33, Spring Lake Village,
Scott County, Minnesota, as shown on the attached survey copy.
REQUEST: The applicant proposes the construction of a single-family house
with 2-car attached garage. The proposed structure would result in
a front yard setback of 60 feet instead of the required 85 feet, and a
rear yard setback of 11 feet instead of 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 .
16200 ~8~~~S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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: April 11, 1996.
96030PN2.OOCIRML
2
RESOLUTION 9614PC
A RESOLUTION GRANTING A 25 FOOT V ARlANCE TO PERMIT A FRONT
YARD SETBACK OF 60 FEET INSTEAD OF THE REQUIRED 85 FEET FROM THE
CENTERLINE OF COUNTY ROAD 12, AND A 14 FOOT V ARlANCE TO PERMIT
A REAR YARD SETBACK OF 11 FEET INSTEAD OF THE REQillRED 25 FEET,
TO PERMIT THE CONSTRUCTION OF A SINGLE F AMIL Y HOUSE WITH
ATTACHED, 2-CAR GARAGE ON PROPERTY LOCATED AT 3044 SPRING LAKE
ROAD, LEGALLY DESCRIBED AS LOT 7, AND THE WEST HALF OF LOT 6,
SPRING LAKE VILLAGE, SCOTT COUNTY, MINNESOTA.
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Michael Leitchrnan has applied for variances from Sections 4 of the Zoning
Ordinance in order to permit the construction of a single family house with an
attached, 2-car garage on property located in the RI-Suburban Residential and
SD-Shoreland Districts at the following location, to wit;
3044 Spring Lake Road, legally described as Lot 7 and the West half of
Lot 6, SPRING LAKE VILLAGE, Scott County, Minnesota.
2. The Board of Adjustment has reviewed the application for variance as contained
in Case 96-032V A and held a hearing thereon on April 22, 1996.
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 variances
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, morals or in any other respect be
contrary to the Zoning Ordinance and Comprehensive Plan.
16200 ~~. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNI1Y EMPLOYER
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. Among the conditions applying to the subject property which the
Board of Adjustment relied upon are the severe impact of the setback from Spring
Lake Road/Co. Rd. 12 on the available buildable area.
6. The granting of the variances is necessary for the preservation and enjoyment of a
substantial property right of the applicant. The variances will not serve merely as
a convenience to the applicant, but is necessary to alleviate demonstrable
hardship.
7. The contents of Planning Case 96-032 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 the 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 variances;
1. A 25 FOOT VARIANCE TO PERMIT A FRONT YARD SETBACK OF 60
FEET INSTEAD OF THE REQUIRED 85 FEET FROM THE
CENTERLINE OF COUNTY ROAD 12,
2. AND A 14 FOOT VARIANCE TO PERMIT A REAR YARD SETBACK OF
11 FEET INSTEAD OF THE REQUIRED 25 FEET
3.
Adopted by the Board of Adjustment on April 22, 1996.
ATTEST:
Richard Kuykendall, Chair
Donald R. Rye, Planning Director
9613PC.DOCIR.ML
2
AGENDA ITEM:
SUBJECT:
SITE:
Consider a lakeshore setback for Thomas A. Mansk
Tract A, Registered Land Survey No. 97, Scott County,
Minnesota, also known as 14840 Oakland Beach
Avenue
R Michael Leek, Associate Planner
YES l NO
lVIay 13, 1996
PRESENTER:
PUBLIC HEARING:
DATE:
INTRODUCTION:
The Planning Department received a variance application from Thomas A. Mansk. Mr.
Mansk proposes the removal of a portion of the house which has a current lakeshore
setback of about 37 feet, and the construction of a 7' x 14' addition which would have a
lakeshore setback of 40 feet. He also proposes the construction of a 32' x 22' garage
which would also have a lakeshore setback of 40 feet.
DISCUSSION:
The subject site has 10,000 square feet oflot area above the OHW of 904. It is wide but
shallow, having an average depth of about 100 feet. Thus, if the front and lakeshore
setbacks were strictly applied to this site, there would essentially be no buildable area.
The site also slopes quite sharply from about the front third of the house to the shoreline,
further limiting the usability of the site.
The existing house on the subject site was constructed in 1984. It has about an 840
square foot "footprint." As currently configured there is a small gravel drive area which
appears to accommodate 1 vehicle off-street, rather than the 2 spaces which would be
required under the present Zoning Ordinance. The proposed garage would meet the front
and side yard setback requirements for this district. It should be noted that if the garage
and driveway are eventually constructed the driveway opening would be limited to 24'
rather than the 28' currently shown on the survey.
The southeastern corner of the house has about a .7' setback from the property line. The
proposed 7' x 14' addition would increase the lakeshore setback of the house and comply
with the side yard setback. With the proposed garage and addition, the impervious
surface coverage on the site would be 24.6%.
9603SPC.OOC/R.'vlL
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.
The site does not currently provide off-street parking for 2 vehicles. Such parking could
be provided without a variance, so the cogent question is whether the garage is necessary
to insure that this applicant has reasonable use of his property or not. Similarly, the
question with respect to the addition is whether reasonable residential use exists without
the addition.
2. Such unnecessary hardship results because of circumstances unique to the
property.
The application of setback requirements which leaves no legal, buildable area, and the
steep slope of the property are circumstances unique to the subject site. To the extent
that a hardship exists it is the result of these circumstances.
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.
Any hardship which exists is the result of the circumstances of this site and the
application of the Ordinance to it, and does not result from the actions of the present
property owner.
4. The variance observes the spirit and intent of this Ordinance, produces
substantial justice and is not contrary to the public interest.
The proposed variance observes the spirit and intent of the ordinance in that it would
increase the closest distance between the OHW and any structure on the site, and, to
some extent, would improve the setback on the east side of the house. Moreover it would
still result in a property with impervious surface coverage less than the maximum
permitted in the Shoreland Ordinance. It would also result in off-street parking, required
under the current Ordinance, but not currently provided for on the site.
ALTERNATIVES:
I. Approve the variance requested by the applicant, or approve any variance(s) 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 Ordinance criteria.
9603SPC.DOC/RML
2
RECOMMENDATION:
Because staff is uncertain whether the first criterion is met, it is not making a specific
recommendation at this time.
ACTION REOUIRED:
A motion directing staff to prepare a resolution consistent with the Commission's
findings.
9603SPC.DOCIRML
3
CITY OF PRIOR LAKE
APPLICATION FOR VARIANCE
.~i=*: A{~~~ ~
iZ~(~~: ~ - ~.~ t3-. ~~
Type of CMnership: Fee Contract
Consul tant/Contractor:
v/-l& -DoS-
PID# ~-:; - IC/A -cr:;,\ -0
,.
Home Phone: ",,"-S6/6
Work Phone:
Home Phone:
Work Phone:
Purchase Agreement
Phone:
Existing Use /, /" t
of Property: 1(1.5/ c: /1 I (!v
Legal Description ---- A
of Variance Site: Ppc-I /( L .5
Variance Requested: '-/0' 1,5~ r &...Jc 5-~
Present Zoning:
111
cr~
f'2y 9'oc../ Eu~7rCl;/l
,
Has the applicant pr~liously sought to plat, rezone,
use permit on the subject site or any part of it?
What was requested:
When: Disposition:
obtain a variance or conditional
Yes X N::l
.
improvements proposed:
.. .. q -~
~;"'\....
SJEMISSION REOOIREMENI'S:
(A)Completed application form. (B)Filing fee. (C) Property SUrvey indicating the
proposed developnent in relation to property lines and/or ordinary-high-water mark;
proposed building elevations and drainage plan. (D) Certified from abstract firm,
names and addresses of property owners within 100 feet of the exterior boundaries of
the subject property. (E)Camplete legal description & Property Identification Number
(pm). (F)Deed restrictions or privat~ covenants, if applicable. (G)A parcel nap
at In -20 '-50' showing: The site developnent plan, buildings: parking, loading,
access, surface drainage, landscaping and utility service.
ONLY COMPLETE APPLICATIONS SHALL BE ACCEPl'ED AND REVIEWED BY THE PLANNIN; a::MMISSION.
To the best of my knowledge the information presented on this form is correct. In
addition, I have read Section 7.6 of the Prior Lake Zoning Ordinance which specifies
requiranents for variance procedures. I agree to provide infO'U.. follow the
procedures as outlined in the Ordinance. ~__ ~ ~ _
Applicants 'Signature
SUbmitted thisl.2.day of 4/,y 199'6 ~~"-v 4~~
Fee CMners Signature
THIS SPACE IS ro BE FILLED OUT BY THE PLANNnX; DIRECl'OR
PLANNING CDMMISSION
CITY comcrr. APPEAL
CONDITIONS:
APPROVED
APPROVED
DENIED
DENIED
DATE OF HFARIN;
DATE OF HFARIN;
Signature of the Planning Director
Date
96-035
4.
SURVEY PREPARED FOR
TOM MANSK
14840 OAKLANO BEACH AVE
PRIOR LAKE, MN 55372
(612) 440 - 5616
Valley Surveying CO., P A.
SUITE /20-C, 16670 FRANKLIN TRAil
FRANKLIN TRAIL OFFICE CONDOMINIUM
PRIOR LAKE. MINNESOTA 55372
TELEPHONE (6/2) 447 - 2570
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Teact 1". Rp.gistp.ced r,.:lOcI ~l)CVti!!y No. 97, Scott County, r1inn~sota. Also showing -!\ll
vlsi.ble imp~ove__nt" ilmi enc!:"oach__nts onto anti off ft"om said ;>copet"ty if any.
f)endllMck Et. 'n5.17 ~op nut of. hyd. nea~ the ~ co~n..t" of p~09'"~ty.
?1.6.R dl!noc-es p.xistinq grade elevations.
~
Lor AREA "BOVE "L 9040' 10,000 SO FT
IMPERVIOUS SURFACE COVERAGE NET PROPOSED' 24 6"10
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NOTICE OF HEARING FOR A REQUEST FOR A 35 FOOT VARIANCE TO
PERMIT A LAKE SHORE SETBACK OF FORTY (40) FEET INSTEAD OF THE
REQUIRED SEVENTY-FIVE (75) FEET TO PERMIT 1) REMOVAL OF A
PORTION OF THE EXISTING HOUSE WITH A LAKE SHORE SETBACK OF
ABOUT THIRTY-SEVEN (37) FEET AND THE CONSTRUCTION OF A 7' X 14'
ADDITION, AND 2) THE CONSTRUCTION OF A 22' X 32' DETACHED
GARAGE
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 ofC.R. 21 and Fish Point Road), on: Monday, May 13, 1996, at 7:00 p.m.
or as soon thereafter as possible.
APPLICANT: Thomas A. Mansk
14840 Oakland Beach Avenue
Prior Lake, Minnesota 55372
SUBJECT SITE: Tract A, Registered Land Survey No. 97, Scott County, Minnesota,
as shown on the attached survey copy.
REQUEST: The applicant proposes the removal ofa portion of the house on
the lakeshore side and the construction of a 7' x 14' addition on
that same side, and the construction of a 22' x 32' detached garage.
The proposed addition and garage would result in a lakeshore
setback of 40 feet instead of the required 75 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
16200 1!8~~1l!~~~. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
~
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: May 1, 1996.
.
2
9603SPN.DOCJRML
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PLANNING REPORT
AGENDA ITEM:
SUBJECT:
PUBLIC HEARING TO CONSIDER AMENDMENTS
TO THE ZONING ORDINANCE REGARDING 1) SIDE
YARD SETBACKS, 2) REPLACEMENT OF NON-
CONFORMING DECKS, 3) HOME OCCUPATIONS,
AND 4) REIMBURSEMENT OF CERTAIN CITY
COSTS.
R. MICHAEL LEEK, ASSOCIATE PLANNER
_X_ YES _NO-N/A
MAY 13, 1996
PRESENTER:
PUBLIC HEARING:
DATE:
INTRODUCTION:
The Planning Commission first reviewed the proposed changes at its April 8, 1996,
meeting. At that time the Commission recommended a number of changes, and
continued the matter to allow staff to make the recommended changes. The attached
ordinance draft incorporates the recommended changes.
AL TERNA TIVES:
1. Recommend the City Council approve the amendments as presented.
2. Recommend the City Council approve the amendment with changes directed by
the Planning Commission.
3. Recommend the City Council not approve any of the amendments
ACTION REQUIRED:
A motion to recommend the City Council adopt the proposed amendments as written or
with changes directed by the Planning Commission.
A separate motion to close the public hearing is in order.
96039PC2.DOC
16200 ~ Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
CITY OF PRIOR LAKE
ORDINANCE NO. 96-XX
AN ORDINANCE AMENDING TITLE 5, SECTION 5-4-1, OF THE CITY CODE
AND SECTION 4.1 OF THE PRIOR LAKE ZONING ORDINANCE 83-6
PERTAINING TO SETBACKS; TITLE 5, SECTION 5-5-8, SECTION 6.8 OF
THE PRIOR LAKE ZONING ORDINANCE 83-06 PERTAINING TO HOME
OCCUPATIONS; AND SECTION 5-7 OF THE PRIOR LAKE CITY CODE AND
SECTION 7 OF THE PRIOR LAKE ZONING ORDINANCE PERTAINING TO
REIMBURSEMENT FOR CITY COSTS.
The City Council of the City of Prior Lake does hereby ordain:
Title 5, Section 5-4-1 of the City Code and Section 4.I(B) of the Prior Lake Zoning
Ordinance 83-6 is hereby amended as follows:
B. All structures, whether attached to the principal structure or not, and whether open
or enclosed, including porches, carports, balconies, cantilevers and chimneys or
platforms above normal grade level, shall not project into any minimum front,
side, or rear yard setbacks. Provided, however, accessory structures for all
residential districts shall be permitted within ten (10') feet from the rear yard
setback. Provided. further. that decks not meetin~ the required setback m&j' be
replaced if the followin~ criteria are met:
I. The deck existed on the date the structure setbacks were established;
2. The replac~mel\l d~~k i~ tIu: same ~i7.e. l:l1nfwratjgn. lllCa~; :? ~::tion
as the dec~ in existence at .the t~me the structur~ .setbacks :~r ~ :t;;I~~dcJ.:
3. The deck IS constructed pnmanly of wood. and IS not rootl__ _r Q_ ~___'
Title 5, Section 5-4-1 of the City Code and Section 4.1 of the Prior Lake Zoning
Ordinance 83-6 is hereby amended by adding (C) as follows and renumbering the
succeeding provisions:
C. Substandard lots of record located in the RI-Suburban Residential and R2-Urban
Residential zoning districts may have one (I) side yard setback of no less than
five (5) feet as long as a minimum separation often (10) feet is maintained
between structures on the lot and adjoining lot.
Title 5, Section 5-5-8 of the City Code and Section 6.8 of the Prior Lake Zoning
Ordinance 83-6 is hereby amended as follows:
~ home occupation sueR as art stuaiEl, Eifess makiftg, teaelHng Elr tHe prElfessieBal effiee
ef a j3Rysieian, eBgiBeer, afem.teet Elr aeeo1:IIHa:Rt, may be permitted as an accessory use in
residential zoning districts if it complies with the requirements of this section. The Prior
0RD96XX.OOC
Lake Planmng Commissian may issue a Hame Oee1:lflatian PeI'Fl'lit fullavfiag a heariag fer
'..A1ieh abatting praperty OVJfiers ha':e beeR Ratified.
A. All material or equipment shall be stored within an enclosed structure.
B. Operation of the home occupation is not apparent from the street ri~ht-of-wa,y.
C. The activity does not involve warehousin~. distribution or retail sales of
merchandise produced off the site.
D. The home occupation ~ shaU be carried on persons ey a memeer ef the
family residing in the dwelling unit and not more than one employee who ~
not reside in the dwellin~ unit is net 1300 efthe fam.ily.
E. The home occupation shall be carried on wholly within the principal at:
aeeessory structure. Space within the dwellin~ devoted to the home
occupation does not exceed 10% of the floor area or 300 square feet.
whichever is ~reater. No portion of the home occupation is permitted within
any attached or detached accessory buildin~.
F. Exterior displays, at: signs (other than those permitted under the Sign
Ordinance, 94-6), and outside 8eetioR 6.1 eKterior storage of materials a:atI
eJCterior indieatioR ef the home aee1:lflatieR or ...ariatien [ram the resideatial
eaaraeter af the priBeipal strnet\:H'e shall not be permitted.
G. Objectionable noise, vibration, smoke, dust, electrical disturbances, odors,
heat, glare or other nuisance factors shall not be discernible at the property
~ produeea.
H. The home occupation shall not create excessive automobile traffic within the
neighborhood.
Title 5, Section 5-7 of the City Code and Section 7 of the Prior Lake Zoning Ordinance
83-6 is hereby amended by adding the following:
7.12 REIMBURSEMENT FOR CITY COSTS
A. PURPOSE
The purpose of this section is to provide a procedure to reimburse the City for its
cost of review, analysis, and evaluation of development proposals, conditional use
permits, comprehensive plan amendments, zoning amendments, and enforcement
of this Ordinance in cases where, due to the level of complexity of the application
under consideration, excessive costs beyond those normally incurred by the City
as a result of the administration of this Ordinance are incurred. The excess costs
result from problems presented in review, analysis and evaluation which
necessitate intensive investigation and research. The intent of this section is to
insure an adequate level of review of these cases and to insure that the adverse
effects of development on the City are minimized and compliance with goals and
objectives of the Comprehensive Plan and this Ordinance are obtained.
0RD96XX.DOC
2
B. CONDITIONS WHERE REIMBURSEMENT AUTHORIZED
1. When multiple Planning Commission and City Council meetings are required
to review a particular item and additional staff time is expended on that item
subsequent to the initial meeting.
2. When it necessary to retain consultants and experts to review requests and
advise its staff of specific impacts of a proposal, including but not limited to
impacts on traffic, utilities, drainage, and aesthetic or environmental
characteristics of the community.
3. When it is necessary for the City Attorney to review the proposal.
4. When other extraordinary costs are incurred by the City as a result of the
Administration of this Ordinance.
C. PROCEDURE
1. When the City Manager finds that the conditions outlined in Sec. 7.12(B)
exist, the City Manager shall recommend to the City Council that the
additional costs be reimbursed.
2. In the event that the City Council decides that additional costs will be incurred
which require reimbursement, the City shall notify the applicant that the City
will incur additional costs at the earliest possible time and, if possible, provide
the applicant with an estimate of the expected additional cost.
3. The applicant shall pay the estimated additional cost to the City by certified
check or bank money order. If the amount paid to the City initially is
insufficient to cover all City costs, the additional amount shall be billed to the
applicant. Any money which has not been used to pay additional costs after
the applicant's request has been processed shall be refunded to the applicant.
4. No Certificate of Occupancy for any project subject to this section shall be
issued until all money owing to the City has been received.
5. All costs billed under this section shall be based on the actual cost to the City
of staff time, overhead, material costs, and actual billings from consultants,
experts and attorneys.
Current Section 7.12 to be renumbered to Section 7.13.
This ordinance shall become effective from and after its passage and publication.
0RD96XX.DOC
3
Passed by the City Council of the City of Prior Lake this 4th day of March, 1996.
ATTEST:
Mayor
City Manager
Published in the Prior Lake American on the _ day of
, 1996.
Drafted By:
City of Prior Lake
16200 Eagle Creek Avenue
Prior Lake, Minnesota 55372
0RD96XX.DOC
4