HomeMy WebLinkAboutJune 10, 1996
REGULAR PLANNING COMMISSION AGENDA
MONDAY, June 10, 1996
7:00 p.m.
1. Call Meeting to Order:
2. Roll Call:
3. Approval of Minutes:
4. Public Hearings:
A. AMENDMENT TO PARK DEDICATION REQUIREMENTS OF THE
SUBDIVISION ORDINANCE.
B. CASE #96-044 PUBLIC HEARING TO CONSIDER A REQUEST BY KAREN L.
AND EDWARD J. FISHER TO AMEND SECTION 5-3-3 OF THE PRIOR LAKE
CITY CODE AND SECTION 3 OF THE PRIOR LAKE ZONING ORDINANCE
TO MAKE PRE-SCHOOLS/CHILD CARE A PERMITTED USE IN THE B2-
COMMUNITY BUSINESS ZONING DISTRICT. THE APPLICANTS ARE
INTERESTED IN OPERATING A PRE-SCHOOL ON THE PROPERTY
LOCATED AT 4730 DAKOTA STREET WHICH IS ZONED B2-COMMUNITY
BUSINESS.
C. CASE #96-045 PRELIMINARY PLAT PROPOSING A 28 LOT, SINGLE
F AMIL Y DEVELOPMENT TO BE KNOWN AS "MAPLE HILL SECOND
ADDITION" A 11.5 ACRE SITE LOCATED SOUTH OF COUNTY ROAD 42
AND NORTH OF THE DEVELOPMENT KNOWN AS "KNOB HILL".
I.
I
D. CASE #96-027 HEARING FOR A VARIANCE REQUEST FROM
COOPERATIVE POWER COMPANY 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 B I-LIMITED BUSINESS ZONING DISTRICT.
E. CASE #96-040 VARIANCE REQUEST FROM DAVE SMITH FOR AN 18 FOOT
VARIANCE TO PERMIT A 67 FOOT SETBACK FROM THE CENTERLINE OF
SPRING LAKE ROAD RATHER THAN THE REQUIRED 85 FEET; AND A 5
16200 ~~k Ave. S.E., Prior Lake, Minnesota !ffl~'72-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQ\:JAL OPPORTUNITY EMPLOYER
FOOT VARIANCE TO PERMIT A REAR YARD SETBACK OF 20 FEET
INSTEAD OF THE REQUIRED 25 FEET; FOR THE CONSTRUCTION OF AN
ATTACHED GARAGE ON PROPERTY LOCATED IN THE RI-SUBURBAN
RESIDENTIAL DISTRICT AND THE SD-SHORELAND DISTRICT IDENTIFIED
AS 2590 SPRING LAKE ROAD.
F. CASE #96-048 VARIANCE REQUEST BY MICHAEL SORENSON FOR A 10
FOOT VARIANCE TO PERMIT A FRONT YARD SETBACK OF 15 FEET
INSTEAD OF THE REQUIRED 25 FEET FOR THE CONSTRUCTION OF A
DECK AND SCREENED PORCH; ON PROPERTY LOCATED IN THE Rl-
SUBURBAN RESIDENTIAL DISTRICT AND THE SD-SHORELAND OVERLAY
DISTRICT IDENTIFIED AS 16351 ALBANY AVENUE.
5. Old Business:
6. New Business:
7. Announcements and Correspondence:
8. Adjournment:
AG061096.DOC
PAGE 2
PLANNING ~~.S::~N MINUTES ~~
The May 28, 1996, Planning Commission Meeting was called to order by Vice Chair
Criego at 7:09 p.m. Those present were Commissioners Criego, Loftus and Vonhof,
City Planner Don Rye, Assistant Planner Michael Leek and Recording Secretary Connie
Carlson. Commissioner Wuellner arrived at 7:30 p.m.
ROLL CALL:
Criego
Wuellner
V onhof
Loftus
Kuykendall
Present
Absent
Present
Present
Absent
APPROVAL OF MINUTES:
Corrections Page 11 and 14 change "Creigo" to "Criego".
MOTION BY VONHOF, SECOND BY LOFTUS, TO APPROVE THE MAY 13, 1996,
MINUTES AS WRITTEN.
Vote taken signified ayes by Criego, Vonhof, and Loftus. MOTION PASSED.
New Business:
Discussion on recommending a chairperson for Planning Commission every 18 months or
every 2 years. It was the consensus of the Commissioners to recommend to City Council
to extend the chair position to a term of 18 months.
MOTION BY VONHOF, SECOND BY LOFTUS, TO RECOMMEND BILL CRIEGO,
TO CITY COUNCIL AS CHAIRPERSON FOR THE PLANNING COMMISSION.
Vote taken signified ayes by Vonhof, Loftus and Criego. MOTION CARRIED.
MOTION BY LOFTUS, SECOND BY VONHOF, TO RECOMMEND DAVE
WUELLNER AS VICE CHAIR FOR THE PLANNING COMMISSION.
Vote taken signified ayes by Loftus, Vonhofand Criego. MOTION CARRIED.
Public Hearing:
96-041 ELMER CLARKE, 16280 PARK. AVENUE, REQUESTING A 28 FOOT
VARIANCE TO PERMIT A LAKESHORE SETBACK OF 47 FEET INSTEAD OF
THE REQUIRED 75 FEET, AND A 7.9 FOOT VARIANCE TO PERMIT A SIDE
MNOS2896.DOC
PAGEl
YARD SETBACK OF 2.1 FEET INSTEAD OF THE REQUIRED 10 FEET RELATED
TO RECONSTRUCTION OF A SINGLE F AMIL Y HOUSE AND THE
CONSTRUCTION OF A 24' X 24' ATTACHED GARAGE.
Assistant Planner Michael Leek presented the information from the Planning Report
dated May 28, 1996. Staff recommended approval of the requested lakeshore variance
because the Ordinance criteria had been met. The 5 foot side yard request does not meet
the criteria and staff recommended denial.
Comments from the public:
Elmer Clarke, 16280 Park Avenue, was present to answer questions.
Mark Slaughter, 16290 Park Avenue lives next to Mr. Clarke and had no objection to the
requested variances. He stated he had variances granted for his home as well as the
neighbors and supports the request.
Lorriane Lillyblad, 16308 Park Avenue, said her concern was access for fire equipment if
there is a fire; the garage is two feet bigger than her garage and feels it is too big for the
lot and furthermore the Lillyblads could not build the garage they wanted and do not feel
Mr. Clarke should either.
Comments by Commissioners:
Lottus:
. Supportive of lakeside variance
. Deny side yard variance.
. The hardship was created by the applicant by deeding the adjacent land away.
V onhof:
. No comments at this time.
I
Wuellner:
. Agree with Loftus with the lakeshore setback but not a side setback.
i'
I
I'
i
Criego:
. Concern the 10 foot issue between the applicant and the neighbor. It becomes a fire
hazard.
. There is a stone ice house and stone wall on the property by the lake.
. Rye explained the ice house and wall are not considered structures under the
ordinance.
MOTION BY WUELLNER, SECOND BY LOFTUS, TO APPROVE A 28 FOOT
LAKESHORE SETBACK OF 47 FEET INSTEAD OF THE REQUIRED 75 FEET
MNOS2896.DOC
PAGE 2
AND DENY THE 7.9 FOOT TO PERMIT A SIDE YARD ON THE SOUTH OF 2.1
FEET INSTEAD OF THE REQUIRED 10 FEET.
Rationale: The hardship is the design choice by the property owner.
Vote taken signified ayes by V onhof, Loftus and Wuellner, nay by Criego. MOTION
CARRIED.
Chairman Criego closed the public hearing.
A recess was called at 7:50 p.m. The meeting reconvened at 8:00 p.m.
Michael Leek presented guest speaker, Dan Herbst, President Pemtom Land Company.
Mr. Herbst spoke on the following topics: Land sellers demands and requirements;
"brown land"; environmental land issues; recent development scenario and the typical
development complications including neighborhood opposition, political climate, staff
and planning commission/city council agendas and their relationships, utility issues, the
impact of delays, timing and costs; the Livable Communities Act; Metropolitan Council
and local units of government; planning standards/engineering standards and their
conflicts; the waste of two sidewalks; and the housing consumer who is the ultimate
bearer of all costs.
MOTION BY CRIEGO, SECOND BY LOFTUS, TO ADJOURN THE MEETING.
Votes taken signified ayes by Wuellner, V onhof, Criego and Loftus.
The meeting was adjourned at 9:27 p.m.
Donald Rye
Director of Planning
Connie Carlson
Recording Secretary
MNOS2896.DOC
PAGEl
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
4A
PUBLIC HEARING TO CONSIDER AMENDl\1ENTS
TO THE SUBDIVISION ORDINANCE REGARDING
PARK DEDICA nON
PRESENTER:
PAUL HOKENESS, DIRECTOR OF PARKS AND
RECREATION
X YES _NO-N/A
JUNE 10, 1996
PUBLIC HEARING:
DATE:
INTRODUCTION:
The purpose of this item is to consider changes to the park dedication ordinance Chapter
6, Section 6-6-8 of the subdivision ordinance. This amendment would do the following:
1. Establish a schedule of dedication credit from 0-100% of the required 10% park
dedication based upon the characteristics of the land to be dedicated.
2. Require developers to grade, provide topsoil, and establish turf on dedicated lands.
3. Reserve the right of the City to accept or reject land for park purposes based upon the
expected cost of making such lands useable for public purposes.
DISCUSSION:
The current Park Dedication Ordinance allows the developer to dedicate any type of land
and receive 100% credit for this land regardless of the lands condition, location within the
development, or characteristics. At present 59% of our park system consists of land
which is in a natural state whether it be woodlands, wetlands, or steep slopes. From a
land preservation and natural resources standpoint this is not all bad, but at this time we
have no land available in which to develop additional active recreation areas.
Our current needs for land are those lands which can be developed into active recreation
and athletic facilities. At present our athletic fields are being scheduled to their full
capacity and with the increase in P .L.A. Y. and Soccer Club participation we cannot meet
the field demands. As activity registrations have increased we are not able to meet the
current demands of our user groups and participation will have to be limited.
DEDORDPC.DOT
NaL
16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
It is not just a matter of developing athletic fields, it has also become a challenge to
develop trails and construct playgrounds on lands which have been dedicated as parkland.
It has been a real challenge to develop these park amenities due to steep slopes, trees, and
wetlands previously dedicated. A recent park dedication of 20 acres left the City with
only 1.5 acres of land to install trails, play equipment, and a very small ballfield. The
remainder of this parkland is wetlands, steep slopes, and water treatment ponds.
Another issue involves the condition of the land when the city receives it. In a recent case
the land which was dedicated was a decent piece of flat land but it had been stripped of
topsoil and had to be totally regarded so that grades would match neighboring yards and
also make it useable as parkland. The City had to incur the expense of hauling in black
dirt, grading, and turf establishment. This is money that could have been spent on
playground equipment and park amenities.
It appears as if much of the land which has been dedicated as parkland over the years is
land which is not developable and is the leftovers of the development. For this reason it is
important. that the City amend the ordinance so that we may be more selective of the land
which is to be dedicated as parkland and limit the amount of credit that we give for land
which is not conducive to park development.
Because of the Wetlands Conservation Act of 1991 it is no longer critical for the city to
preserve wetlands by accepting them as park dedication, since developers will not be able
to drain or fill these wetlands as they had in the past. Our new tree ordinance will protect
our woodlands.
ISSUES:
The central issue is the city's ability to implement the Park and Trail element of the
Comprehensive Plan. The plan calls for a mix of active and passive park areas to serve
our community's land uses at build out. Only so much money is available to acquire and
develop recreational amenities. (trails, ballfields, etc.) This ordinance enhances the
developer's motivation to provide the type of land dedication the city wants by increasing
the credit he gets for such land. Second, it reinforces the city's ability to be selective in
what we accept as dedication. Finally, it conserves city resources by assuring that the
developer complete the final grading, addition of top soil and development of turf together
with subdivision activities.
DEOORDPC.OOT
NaL
AL TERNA TIVES:
1. Recommend the City Council approve the amendments as presented.
2. Recommend the City Council approve the changes in the amendment with the
changes recommended by the Planning Commission.
3. Recommend the City Council not approve the amendment changes.
RECOMMENDATION:
It is staff's recommendation that the Planning Commission approve alternative #1 or #2.
ACTION REOUIRED:
A motion and second to recommend adoption of the proposed amendments to Chapter
six, Section 6-6-8.
DEOORDPC.OOT
NaL
REVISED
PARK DEDICATION
A The owners of any land being subdivided for residential, commercial, industrial or
other uses or as a Planned Unit Development shall dedicate to the public or
preserve for conservation purposes or for public use as parks, playgrounds, trails,
or public open space a reasonable portion of the subdivided land. The city has
determined the land dedication requirement to be equivalent to ten percent (10%)
of the gross area of a subdivision. The amount of credit given for land to be
dedicated shall be based upon the land characteristics and in accordance with the
following schedule:
DEDICATION SCHEDULE
Land Characteristic
Dedication Credit
Dry upland with undisturbed topsoil and slopes
not exceeding 10%.
100%
Unstable land with poor soils and slopes not exceeding
10%.
50%
Virgin woods with slopes less than 10%.
50%
Virgin woods with slopes which are greater than
10%.
25%
Dry upland with undisturbed topsoil and
slopes of 10-20%
25%
Unstable land with poor soils and
slopes greater than 10% or wetlands which are deemed
not suitable for park purposes.
0%
B Dedicated land shall be made suitable by the developer for its intended use as
parks and playgrounds, trails, or public open space. The City shall determine the
final condition of the land which is to be dedicated and the Developer shall be
responsible for grading, topsoil, and turf establishment unless otherwise directed
by the City Manager or hislher designee. The City shall provide the Developer
with grading plans for the dedicated park and trails and will also provide
specifications for topsoil and turfgrass. The City further reserves the right not to
accept land which in its discretion is not useable for the aforedescribed purposes,
does not provide park facilities in the locations set forth in the City's
Comprehensive Plan, or land which would require extensive expenditures on the
part of the public to make them useable.
PARKDED.DOC
C At the City's option, the subdivider shall contribute an equivalent amount in cash,
or cash and land, in lieu of all or a portion of the land which the City may require
such owner to dedicate pursuant to paragraph (A) above. The cash amount shall be
based on the fair market value of the land reasonably required to be dedicated, with
said value being determined no later than at the time of final plat approval.
D Whenever the term "dedicate" is used in this section, it shall mean a dedication to
the City of land or cash, or both, whichever the City, at its option, shall require.
The dedication shall be made to and received by the City prior to the City's release
of the final plat.
E In instances where cash is required in lieu of land, payments as required by this
Ordinance shall be made prior to the City Manager releasing the final plat to the
subdivider. The cash portion of the calculation shall be made as follows: 10% of
the value of the land per acre as determined by the City times the gross acreage of
the plat. (Ord. 87-10)
F Where the owner provides in the subdivision for the public use neighborhood park
amenities such as, but not limited to, tennis courts, ball fields, play equipment,
open space or other recreational facilities, the City may reduce the amount of land
to be dedicated or the cash contribution in lieu of such dedication by an amount
equivalent to the documented cost of the facilities provided. Amenities which are
provided by the developer must meet the specifications of the City and other
standards as the City may require. If this provision applies the City shall determine
the value of the amenity and adjust the dedication to reflect said value.
G Prior to the dedication or preservation of such land for public use, or both, the
subdivider shall deliver to the City an opinion addressed to the City and in a form
the City may rely upon and acceptable to the City Attorney, as to the condition of
the title of such property, or in lieu of a title opinion, a title insurance policy from a
title company acceptable to the City Attorney insuring the required public interest
in the preservation or dedication therein.
H Immediately upon filing of the final plat or other appropriate subdivision
documents, the subdivider shall file for recording all easements, deeds or other
conveyances of property required as a condition to the subdivision plat approval
and provide evidence of filing to the City. No building permits shall be issued to
any lot or parcel in said plat until all such documents have been executed and filed.
6/3/96
PARKDED.DOC
6-6-8:
(A)
(8)
(C)
(D)
(E)
(F)
(G)
(H)
CURRENT
PARK DEDICATION:
The owners of any land being subdivided for residential. commercial, industrial or other
uses or as a Planned Unit Development shall dedicate to the public or preserve for
conservation purposes or for public use as parks, playgrounds, trails, wetlands or public
open space a reasonable portion of the subdivided land. The City has determined the
land dedication requirement to be equivalent to ten percent (10%) of the gross area of a
subdivision. The composition of land required will be determined in accordance with the
formula found in Section 6-6-8 (E), or as determined by the City to be in the public
interest and reasonably necessary for such uses and needs as a result of approval of the
subdivision. (Ord. 88-1) (Ord. 89-08)
At the City's option, the subdivider shall contribute an equivalent amount in cash, or cash
and land, in lieu of all or a portion of the land which the City may require such owner to
dedicate pursuant to paragraph (A) above. The cash amount shall be based on the fair
market value of the land reasonably required to be dedicated, with said value being
determined no later than at the time of final plat approval.
Whenever the term "dedicate" is used in this section, it shall mean a dedication to the
City of land or cash, or both, whichever the City, at its option, shall require. The
dedication shall be made prior to the City's release of the final plat for filing.
In instances where cash is required in lieu of land, payments as required by this
Ordinance shall be made prior to the City Manager releasing the final plat to the
subdivider. (Ord. 87-10)
The City may determine the location, configuration and value of the land to be dedicated.
The composition of land to be dedicated will be directly related to its physiographical
character and in accordance with the following values: (Ord. 88-1)
LAND CHARACTERISTICS
Slope Soils
VALUE
% Dedication
0-1 0%
10-20%
over 20%
Dry upland
Unstable
Marshes
100%
50%
25%
Where the owner provides in the subdivision for the public use neighborhood park
amenities such as, but not limited to, tennis courts, ball fields, open space or other
recreational facilities, the City may reduce the amount of land to be dedicated or the cash
contribution in lieu of such dedication by an amount equivalent to the cost of the facilities
provided.
Prior to the dedication or preservation of such land for public use, or both, with the City's
consent, the subdivider shall deliver to the City an opinion addressed to the City by an
attorney, and in a form acceptable to the City, as to the condition of the title of such
property, or in lieu of a title opinion, a title insurance policy from a title company
acceptable to the City insuring the required public interest in the preservation or
dedication therein.
Immediately upon filing of the final plat or other appropriate subdivision documents, the
subdivider shall file for recording all easements, deeds or other conveyances of property
25
required as a condition to the subdivision plat approval. No building permits beyond the
one underlying permit shall be issued to any lot or parcel in said plat until all such
documents have been executed and filed.
26
PLANNING REPORT
SITE:
PRESENTER:
PUBLIC HEARING:
DATE:
4B
CONSIDER AN AMENDMENT TO THE B-2 ZONING
DISTRICT TO ADD NURSERY SCHOOLS AND DAY
CARE CENTERS AS PERMITTED USES
NOT APPLICABLE
DONALD RYE, PLANNING DIRECTOR
_X_ YES _NO-N/A
JUNE 10, 1996
AGENDA ITEM:
SUBJECT:
INTRODUCTION: Karen and Edward Fisher have made application to amend the
zoning ordinance to allow pre-schools/child care as permitted uses in the B-2-Community
Business District. They indicate their intent to operate a Montessori pre-school at a
location on the edge of the downtown area.
DISCUSSION: Presently, nursery schools and day care centers for more than 12
children are permitted in the B-1, Limited Business District and day care facilities are
permitted in the B-3, General Business District. Both uses have been allowed in the City
for at least 12 years.
Traditionally, day care facilities were frequently located in single family homes and were
run by individual providers or they were located in conjunction with churches and
schools. More recently, there has been significant development of larger, centralized free-
standing facilities which provide varying levels of child care, ranging from drop-in
facilities with minimal program offerings to full scale day care operations which provide
infant and pre-school care as well as structured programs for a wide range of ages. These
larger facilities are usually located in commercial or industrial areas, frequently with high
visibility from nearby thoroughfares and located close to employment concentrations
which are in a position to utilize the services being offered.
The applicants propose to locate in downtown Prior Lake to take advantage of the nearby
library and parks and to be centrally located in the community. Attached is a statement
from the applicants supporting their application for a zoning amendment.
Staff believes that the use as proposed fits the existing definition of a day care center, so
it would not be necessary to add a new definition to the ordinance. Staff is also of the
opinion that the proposed amendment is consistent with Comprehensive Plan policies
relating to economic development and land use. The characteristics of these uses are such
that nuisance issues are unlikely to result from such uses once established and it would be
16200 I919Ycf~~MP.~.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
appropriate to allow such uses as permitted uses consistent with their treatment in the B-1
and B-3 districts.
AL TERNA TIVES:
1. The Planning Commission can recommend approval of the attached ordinance
amending the B-2 District to allow day care centers as a permitted use.
2. The Planning Commission can recommend denial of the attached ordinance.
3. The Planning Commission can continue the public hearing for specified reasons.
RECOMMENDATION: The staff recommendation is to approve Alternative 1.
ACTION REQUIRED: Motion to recommend to the Ci(y Council that the B-2,
Communi(y business District be amended to include d~ care centers as a permitted
use and to adopt the attached ordinance.
DA YCARB2.DOCIDR
2
, .
CITY OF PRIOR LAKE
ORDINANCE NO. 96-_xx_
AN ORDINANCE AMENDING SECTION 5-3-3 OF PRIOR LAKE CITY CODE
AND AMENDING SECTION 3.1 OF PRIOR LAKE ZONING ORDINANCE 83-6.
The City Council of the City of Prior Lake does hereby ordain:
Section 5-3-3 of Prior Lake City Code and Section 3.1 of Prior Lake Zoning Ordinance
83-6 are hereby amended by adding the following number 18. under the listing of
permitted land uses in the B-2, Community Business District:
18. Day care centers
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 Planning department
16200 ~JDe~~Ave. S.E., Prior Lake, Minnesota 55372-1714 I Ph. (612) 447-4230 I Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
NOTICE OF PUBLIC HEARING TO CONSIDER A REQUEST BY
KAREN L. AND EDWARD J. FISHER TO AMEND SECTION 5-3-3 OF THE
PRIOR LAKE CITY CODE AND SECTION 3 OF THE PRIOR LAKE ZONING
ORDINANCE TO MAKE PRE-SCHOOLS/CHILD CARE A PERMITTED USE
IN THE B2-COMMUNITY BUSINESS ZONING DISTRICT. THE APPLICANTS
ARE INTERESTED IN OPERATING A PRE-SCHOOL ON THE PROPERTY
LOCATED AT 4730 DAKOTA STREET WHICH IS ZONED
B2-COMMUNITY BUSINESS.
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, June 10, 1996, at
7:00 p.m., or as soon thereafter as possible. The purpose of the public hearing is to
consider a request by Karen L. and Edward J. Fisher to amend to Section 5-3-3 of the
City Code and Section 3 of the Zoning Ordinance to make pre-schools and child care a
permitted use in the B2-Community Business zoning district.
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 May, 1996, by:
R. Michael Leek
Associate Planner
City of Prior Lake
TO BE PUBLISHED IN THE PRIOR LAKE AMERICAN ON MAY 25 AND
JUNE 1, 1996.
16200 ~~~r'M('~t,e. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
.\
APPLICATION TO AMEND ZONING
Little Lakers Montessori Pre-School formally makes application to occupy building at 4730 Dakota St.
for the purposes of operating a pre-school and child care with a maximum occupency of 49
children. Children range in age from 3-6 years.
Currently the site is zoned B-2. ---Community Business.At present Pre-School/Child care is not listed as
a permitted use. Yet within a B-1 or B-3 classification it is permissable.The area in question is downtown.
Please be advised a commercial school is a recommended use for a B-2 zone.Can this vary that much
from a private Montessori Pre-School/Child Care?
Little Lakers Montessori Pre-School/Child Care would be ofiIering a community service.
The families that are affiliated with the school would have a greater awareness and opportunity to
patronize downtown merchants.
Little Lakers finds this location appealing due to its central location and access to both Hwy.13 and Co.
Rd. 21.Little Lakers has made a commitment to be located in the town of Prior Lake.Downtown affords
the opportunity to take frequent field trips to the library and mini field trips to parks.Police/Fire station are
in close proximity in the event emergency aid is needed.
Little Lakers has been in operation for 2 years and currently has a waiting list of approx. 20 children. The
director of the facility (Karen Fisher) has been a resident since 1990. Re'sume' attached.
Little Lakers is a bit unique because it offers Pre-School in addition to extended child care so two income
families are accommadated with a full day program without having to worry about transportation between
Pre-School and Child care.
Research indicates income and population demographics are favorable for this venture.Little Lakers has
experienced rapid growth that necessitates a larger facility.Price structure makes building new
prohibitive.!t is noteworthy that leased space is scarce or cost prohibitive.
To summarize,Little Lakers urges the members of the zoning committee to adopt this type of school as a
permitted use.Little Lakers has made a contingent offer on the building at 4730 Dakota St.Prior Lake.
The structure would need to be renovated for our specific use. Discussion with city officials indicate $9000
in service charges for water/sewer & permits. The county assessors office estimates real estate taxes would
increase at a rate of 10% per year for the next 5-6 years. Please note our target opening date for Little
Lakers would be 8-30-96.This necessitates a ruling by the zoning committee.Build-out would take 4-8
weeks. Tenitively, financing for closing could. be in place by 6-15-96.
The Director/Principles of Little Lakers are willing to expedite this process following all proceedures
deemed necessary to petition change in the samantics of the zoning code allowing for Pre-School use.
Thank you for your time and attention to this matter.
Sincerely,
~AAL47 d~
Karen L Fisher
Director.
~ ~ ,:""" ...
\
June 3, 1996
Dear City of Prior Lake,
We fully support the request by Karen and Edward Fisher to amend Section
5-3-3 of the Prior Lake City Code and Section 3 of the Prior Lake Zoning
Ordinance to make pre-schools/childcare a permitted use in the B-2 Community
Business Zoning District. Specifically, for the property at 4730 Dakotah
Street to allow Little Lakers Montessori to move to that address. We urge
you to grant their request.
.,....,...."
Thank you,
/J; II r Jf~
Bill and Martha Dumler
15400 Oriole Court
Burnsville, MN 55306
(612)898-3241
June 1, 1996
To: City of Prior Lake
Planning Commission
This letter is written to support Karen and Edward Fisher in their request
to locate Little Laker's Pre-School/Child Care at 4730 Dakota st. in Prior Lake.
The rationale for this support includes the following:
- I have had my daughter at Little Laker's since Oct. of 1994 and feel very
strongly that it is a well-run, organized setting for young children. I
have every confidence in Karen's ability to operate an excellent facility.
- In a short time this Pre-School/Day Care has grown from a few children to
"full", with a waiting list of more parents wanting to get their children
into this school - evidence of the confidence that other Parents also have
in the Fisher's.
- There is always a lot of "talk" about keeping business in downtown Prior
Lake. This is an opportunity to do just that!
- It would be very convenient for parents in tenns of drop Off/pick up of their
children.
- Though Nursery Schools/Day Care Centers are listed under "B-1 Limited Business"
it would certainly seem appropriate for these to be considered more of a
corrmunity service. Ccmnercial Schools are found under B-2 Camnunity Business,
why not include Pre-Schools here also?
In conclusion, I would like to restate my support of the Fisher's request. And
hope that you will find in their favor and amend the city code/zoning ordinance.
Thank you!
Sue Muelken
June 3, 1996
Prior Lake Planning Commission,
I am writing in support of the request made by Karen L. and Edward J. Fisher to amend
section 5-3-3 of the city code and section 3 of the zoning ordinance to make preschool
childcare a permitted use in the B-2 community business zoning district.
Two years ago after moving to Prior Lake, I was in the same dilemma as many or our
new residents are today - where to find quality preschool for my daughter as well as
employment for myself I quickly discovered a shortage of both in Prior Lake. I found
employment in Bloomington but thought it was quite important to find my daughter a
preschool in the community where she lived. Fortunately, I met Karen and found the
wonderful Montessori program she was offering. She was able to stay in the community
and attend school with children that would be her neighbors and future classmates in the
public school system.
Not only has this school been a benefit to my daughter but also to myself After months
of commuting to Bloomington, Little Lakers Montessori grew to a point where Karen
was able to add an additional teacher. Having taught public school in Texas, I was able
to take on the position as Co-teacher at the school, thus offering me employment in the
community. Now that my employment is in town, I can do all my shopping and personal
business with our local merchants.
I can only see benefits in allowing a quality preschool to grow and thrive in our
community. Having Little Lakers Montessori in our downtown district offers a great
service to our community in the means of education and employment for our residents. It
will also bring additional people to downtown thus benefiting our local merchants.
Downtown businesses, County Market, and other public services will benefit since
residents picking up their children, will find it more convenient to shop in town than to
drive to Burnsville. It will also make Prior Lake a more appealing community to future
residents and businesses since we will be providing quality care and education for the
children of our community.
Cindy Janssen
June 3, 1996
Prior Lake Planning Commission,
I am writing in support of an amendment to the city zoning ordinance to include
pre-schooVchildcare in the B-2 Community Services zoning district.
Little Lakers Montessori is already an established business in the community and it would be
beneficial for both them and the city to have the school remain in town. The location being
sought has good access and brings potential customers to the down town area. The school would
be able to expand its services to the community by adding staff and increasing enrollment in the
new location.
Thank you for your consideration on this matter.
cf~~
Laurie Geris
5204 Hope Street Southeast
Prior Lake, MN 55372
June 2, 1996
R. Michael Leek, Associate Planner
City of Prior Lake
4629 Dakota St. SE
Prior Lake, MN 55372
Dear Mr. Leek and Planning Commission:
I am writing to support the request made by Karen L. and Edward J. Fisher
to amend section 5-3-3 of the City Code and section 3 of the Zoning
Ordinance to make preschool and childcare a permitted use in the B-2
community business zoning district.
My child attends preschool at Little Laker Montessori. This program is
valuable not only to our family, but to the City as a whole. Many families
participate in and support the activities sponsored by the Fishers' program,
which includes nature walks in our city parks, visits to our city library,
community-building events and sing-alongs with the older residents in the
Prior Manor facility, trash/environmental clean-ups on our city streets and
parking lots, visits with fire and police officials, etc. The Little Laker
Montessori offers so much to our city and community.
Prior Lake needs to retain people-centered, locally-owned businesses like
this preschool. Making the necessary amendments would ensure that the
downtown area would continue to enjoy the benefits (social, financial,
community-building) Little Laker Montessori provides. I urge you to vote to
amend the B-2 classification, and to allow this positive program a permanent
place in our community.
Sincerely,
hlvlJJ~ lAot~
Ami' J. ;;J,,~i~O - n 4lfl- :, 01 (
0.-. ~" ~,..-~,.' _~ _'_- ~"-":":-"'...~ '-'~~".; .._.._-::..~ __.;..........___.-..~... _--"_'__~__ .,..._- ._ _c. ''''''''_'_''.','",_. ... _'_'_4_'" _.__.....;...--*__....._;~ ~_....-_.. .,_, -.... ....... '. _ .._ _ ~~.- _.....__...__.._ .._':..,.... '.___ ......._..".... ~ ~ b ___. ______. _
/- 3- y?
! D-RAV'( ~~ af ~ 'fJ~ ~ I~ ~ ~
i PWv~~~~~.'
'I J
:tl ~ ~ 0 -fo ~ ~ ~ (,~ ~ c.' ~
I~..v~ d. F~ .,4, ~ ~ 6"-3-3 t?f'f?1L ~
i!l~ ~~ 3_~ ~3~O~-,b~
i~-~ ~ ~ t!M.b A- ~ t.U... ......... ~
i!I~-~ ~ ~ ~ ~.
',:.: JJ ~ ~;~ Jf 5'1/' ~ '-frl~ ~,,~.
I' /_I~_ -(I- I,
'liJ1M ~ ~ {~ '-Jr7~1 ~ ~ '
II l/
i:~ -U; ~~~ r~ Ci~~ ~~~i
ilila~ ~~~~~~~'
II ()L; ~'J ~ I j ~ ,;.. ru- ~ op ~
il~~~~~~~.i
';, J ~ VI uv p~ A.cuev t~ ~tVL ~ ~~. i
,:~'-1L~ ~ ~~. ~ ~ an~~!
~\L r1~ u).IwJ ~ ~ t/~ ~ rt- ~ I
,:i~ ~~~. F~ tuL ~~_~
t'!~ /N.,WV /}1A./"2V _~ ~uVv ~ ~
:'iO~ t- QZ<h ~,
;1~~~~/~~~
,t:;:ruA- ~ ~ k~.~ ~-
'.j'-f7-<.t- F~ ~ iJj I~ ..,6 'TN- ~
!i~ ~ ~ ~ ~-- '-1J1~ ~
'~~~ ~ ~ ~ ~ u.J~c...a
:~~~ck~~~~> _
).~ ~ ~ 'f1L~ cj ~ ~~ ~
,::fo ~~ ~ M'jt~ ~ 'h.L~ ~
"1~ u/-L~~~~
.~~~ ~'7b~~~.
--~','----Ilh~ ~~. , ... ....
,I;
~ ~ .
'..~ ~ <f;Uo v-H-~ ~.~~~.
J2~'-fAL~ df ~~ ~~
~~wLa~~~~
~ ~~j/i1~. ~j<
.~cM.L~ ~~~ ~<rr
~, ~ ~tUU-~ ~ ~ /~^~
t:;:: ;:1~ ~ ::::~:;; ~~
. '-/It aY )it ~ .tu- aMt.. '-;/; t! 7 L. [.. h'7. )I,;a ~
&dh~ ~~'i~~ ~~
~ ~ ~ ~ ~ stnaY ~ -N-W E;'l1<J~
~ M-eL./I.L{; ~ Ed ~ &L ~
~ c/tt.e- bUt dif ~ ~u I~~- ~ ~
..A'r--} f~'~ M.,.~ t-UiJP.Y ~
~~ ~ ckw-r- ~ ~ '-#.c&t . ~
~ ~ -rN- wrr ct-tJ ~~ .~ ~ . ' ~
~./~~ ~C~ t5~
~ULtht.-L ~.. ~ uH-a ~ ~
~ ~a.<A1)
~.~
'J\JN~ ~ / 11~y
D-eor pr:co L~~e c/.}! lCiA}tC,) lY/-evnber? ~
-r +- ;'7 . our c'lIY1d~(')c.?/rv:J~Jtj L.../-J/e. L,J.-er~ /Ylof1fe>:;c(',' (LL/Vt)
; 7 ICo~l'''j for 0 larjer 5pa. c.e fCI,!^ Ie r pr~5:t::j'Q:))/
d~lcare 'prD;)'lWtL f-.;e ~CiVe L ch,ldf'ef) i;JAc /I,;Jve
b~ e ^ cA. 77-&f1d I/\(A. L Lf'Jl {cr a I fY\O '7 t I yea r- ;10i,0 arrd j
't ' ..J If' d j :-ef"<<:"r'E?1\ J. (l t1C'
I I"':::> cAjfea.T pfDtJrevvYl WV'd 'l-A -e . I'f eCTCr-s Cl ('E-. '
l-Jef\d~r ftA/. ee t!aLi'rE . of LUll jcod r~fufa11{;() (WId .
pre7c.l".col pro~ran1, 'J. 'A ,e c.}.! o-/- p~"or La.~~ i-JV!A./j
D~ (\e tl t- frYlyY\ cdloW1(1J i-'~~. ff'e~x.J()ol ~ .:Jay 1(\ 'f-he.
d\lvJI\ 1oL0f\ Q1'ecx, .It' lJI!C'u ld Q I~ dfcaw :11 tYlOf~
~(.(7t'Cme(7 f~ 'tI't€.. ar-eo.
(~~ of J~C' /, t2y'. ^ L
'I 1\ ~ ~
oj!
./
..
qUIlL j) I q9&
do 1N'iorn Pt (YiJL!j tenCMfv;
J 0A11 .AA ~U1Y1. v~ ~ ~~ cJt- _ ~
i 73 0 7jtL~ 1#1, Jv McLu4 ~i# U/Le.
~ tUujCillLt ~(/icPJ) J ~~ vd- t~~
rJ'ntt/ tnN1kG ~ C~ aJ ~ _
. (ftl~ p~ tut:U:fz~ ~VU ~ ~
IW Irultf ~ !t<.:f- UIi- ~ rpe-UJYt4/ ~
. ~()1~f1~ ~.
~ ~: fitbI1rd ~ .:{~vhh/
.~~~~~
1- bdL~~~tXt~
~)
)"'n I ~ &tdt~
3375 V-t~eu,1VW
tw1 !AliJ !1;AJ S537.J-
YC;O-J-ij; f
,
\
PLANNING REPORT
SITE:
4. C
Consider the Preliminary Plat for Maple Hill 2nd
Addition.
Property located South of County Road 42 and north of
Knob Hill.
Donald R. Rye, Planning Director
_x_ YES NO
June 10, 1996
AGENDA ITEM:
SUBJECT:
PRESENTER:
PUBLIC HEARING:
DATE:
INTRODUCTION:
The Planning Department received a subdivision application from Terrain Corporation
proposing a 28 lot single family development to be known as "Maple Hill 2nd Addition".
The subject 11.05 acre site is located south of County Road 42 and north of the
development known as Knob Hill.
The City was contacted by Mr. Olson who is intending to coordinate this plat with
Novak-Fleck. Novak-Fleck expects to submit a plat application in about 4 weeks. Their
plat is supposed to show the cul-de-sac as depicted on the plat for Maple Hill 2nd
Addition. The public hearing notice was published before this information was received.
Therefore, the hearing will have to be opened.
RECOMMENDATION:
Open the public hearing, table, and a new notice will be sent for the continued public
hearing since the timeframe is uncertain.
ACTION REQUIRED:
A motion to table the matter.
16200 ~~1~f?f?<;(tS. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
..
SJ 0h -0%-
pm 2r- 'fu.. 00"'1 0
APPLIC1\TION FOR 'mE SUBDIVISION CF LAND
wrmm mE CITY OF PRIOR LAKE
Property o..mer:
Mdress: LfIP~
SJbdi v ide r:
Mdress: 302
h;ent:
Mdress:
Name of Slrveyor: p~_', S i OVl S~h1e~S I VI C--
Name of Engineer: -rerY~ F 1A~:lA-f':!'.Y;\4.~
(J
Legal Description of Property: ~..,o A
poone: -9- '1 ~ -I (, 33
Phone: +7 S -] "3/ t
Phone: S'?~ - '13 GS
Present Zoning:
R-1-
Prope rty Acr ec.ge:
H .O~ CC~S
Deed Festrictions: 'fk::J~ Yes
If so, please attach.
Has the Applicant prE!fliously sought to plat, rezone, cbtain a variance or
conditional use permit on the subject site or any part of it:
N:J Y Yes wt-.at was requested:
Wne!1:
TEIS SECTION 'ID BE FILLED IN BY THE pr~jmN:; DIRECIOR
PI..ANNIN; <n1MISSION
CITY mmcrr..
CONDITIONS:
APPRGVm
APPRGVm
DENIED
DENIED
DATE OF HE.ARDX;
mTE OF HEAR,IN;
Signature of the Planning Director
tate
CITY OF PRIOR LAKE
NOTICE OF PUBLIC HEARING TO CONSIDER THE
PRELIMINARY PLAT FOR THE PROJECT
KNOWN AS "MAPLE HILL 2ND ADDITION"
You are hereby notified that the Planning Commission will hold a public hearina at Prior Lake
Fire Station # 1, located at 16776 Fish Point Road, SE (Southwest of the intersec~ion of CR. 21
and Fish Point Road), on Monday, June 10, 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 28-10t, single family development to be known as
"Maple Hill 2nd Addition." The subject 11.05 acre site is located south of County Road 42 and
north of the development known as Knob Hill, and is legally described as follows:
Legal Description:
That part of the North 1/2 or the Northeast 1/4 or Section 26, Township 115
North, Range 22 West, Scott County, Minnesota described as follows: Commencing
at a point on the South line of the said North 1/2 or the Northeast 1/4, Section
26, distant 418 feet East of the Southwest corner thereof; thence deflecting to
the lert at an angle or 93 degrees 35 minutes 04 seconds in a ~orthwesterly
direction, a distance or 439.29 reet; thence defecting to the right at an angle
or 84 degrees 30 minutes 28 seconds, in a Northeasterly direction, (a distance
or 185.41 feet; thence deflecting to the left, at an angle of 56 degrees 24
minutes 43 seconds, in a Northeasterly direction) to its intersection with a
line draw~ East from a point on the West line of said Northeast 1/4, Section 26,
distant 640 reet South or the Northeast corner thereor, as measured along said
West line, said line also being parallel to the North line or said Northeast 1/4;
thence West along arore-described parallel line to a point distant 560 reet East
or the West line of said Northeast 1/4; thence Northerly along a line drawn
parallel to the West line or said Northeast 1/4, Section 26, to its intersection
with the North line of said Northeast 1/4, Section 26; thence East along the said
North line or Northeast 1/4, Section 26, a distance or 400 feet; thence South at
right angles to said North line or Northeast 1/4, Section 26, a distance or 410.89
reet; thence deflecting to the left, at an angle or 64 degrees 36 minutes 20 seconds,
in a Southeasterly direction, a distance or 1155.87 reet; thence deflecting to
the right, at~an angle or 75 degrees 13 minutes 22 seconds, in a Southwesterly
direction, a distance or 425.08 reet, more or less, to a point on the South line
or said North 1/2 or the Northeast 1/4, Section 26, distant 1480 feet Easterly
or the point or beginning; thence Westerly with the South line or said ~orth 1/2
or Northeast 1/4, Section 26, a distance or 1480 reet, to the point or beginning.
Excepting thererrom that part taken ror road. Also excepting therefrom that part
or the North 1/2 or the Northeast 1/4 of Section 26, Townshi? 115 Noreh, Range
22 West, Scott County, Minnesota described as rollows: Commencing at the Northwest
corner of said North 1/2 or the Northeast 1/4; thence South 89 degrees 22 minutes,
30 seconds East (assumed bearing) along the North line or said North 1/2 or the
Northeast 1/4 a distance of 960.00 feet; thence South 00 degrees, 37 ~inutes,
30 seconds West a distance or 410.89 reet; thence South 63 degrees, 58 ~inutes,
16200 ~eL~'~'~~'%.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQl.iAL OPPORTLiNITY E"-1P!..OYER
50 seconds East a distance of 533.36 feet to the actual point or beginning of
the tract of land to be described; thence continuing South 63 degrees 58 minutes,
50 seconds East a distance of 622.53 feet to the Southeast corner of Lot 5, Block
1, Plat of Eagle Ridge Acres; thence Southwesterly along the Westerly line of
said Plat a distance of 424.10 feet to a point on the South line or said North
1/2 of the Northeast 1/4 distant 1898.00 feet East of the Southwest corner of
said North 1/2 of the Northeast 1/4; thence North 89 degrees, 58 minutes, 50
seconds West along said South line a distance of 1480.00 feet; thence North 3
degrees, 33 minutes 54 seconds West a distance of 439.29 feet; thence North 80
degrees, 56 minutes 34 seconds East, a distance of 185.41 feet; thence South 82
degrees, 49 minutes, 50 seconds East, a distance of 728.50 feet to its intersection
with a line drawn South 21 degrees, 46 minutes, 10 seconds West from the actual
point or beginning; thence North 21 degrees, 46 minutes 10 seconds East a distance
or 335.18 reet to the actual point of beginning.
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.
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.
Prepared this 22nd day of May 1996.
R. Michael Leek
Acting Assistant City Planner
To be published in the Prior Lake American on Saturday, May 25, 1996 and Saturday, June 1,
1996.
MAPLH2PN.DOCIRML
2
PLANNING REPORT
SITE:
4. D
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.
Donald R. Rye, Planning Director
YES ...x... NO
June 10, 1996
AGENDA ITEM:
SUBJECT:
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 Exhibit
A, attached to the original staff report.
The request was first reviewed by the Planning Commission at its meeting of May 13,
1996. At that meeting, the Commission voted to continue the matter to June 10, 1996, in
order to have the applicant revise the screening/planting plan to address concerns raised
by the Commission.
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 fmds a lack of
demonstrated hardship under the Zoning Ordinance criteria.
16200 ~gg1&<e~/5\<t,e. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
RECOMMENDATION:
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 the revised Planting Plan.
ACTION REQmRED:
A motion adopting Resolution 9619PC approving the applicants' request for variance.
9627PC2.DOCICC
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
PERMITIED 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 and June 10, 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 ~&~~&e. 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 INST ALLA nON OF 4 POLES
HAVING A HEIGHT OF 60 FEET INSTEAD OF THE PERMITTED 35 FEET.
The variance is based on the following terms and conditions;
1. Installation and maintenance of the landscape plan as depicted on Exhibit
A.
Adopted by the Board of Adjustment on June 10, 1996.
Richard Kuykendall, Chair
ATTEST:
Donald R. Rye, Planning Director
9619PC.DOCIRML
2
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
PRESENTER:
PUBLIC HEARING:
DATE:
Consider height variance for Cooperative Power
Association
Property located at the Southeast comer 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:
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 ~gl~~~ls.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
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 I) 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.
RECOMMENDATION:
Because staffhas 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 REQUIRED:
A motion adopting Resolution 96I9PC approving the applicants' request for variance.
9627V APC.DOC/RML
3
.(t I '\ i~ C~
IVIO /
/:>1.- [I-,...'
-".-'~-,........'
--'
CITY OF PRIOR LAKE
APPLICATION FOR VARIANCE
VA~-~7
PID#~ '1 '3 OOiUJO
'33
Applicant: Cooperative Power Association Home Phone: ~~~:~~~,
Address: 14615 Lone Oak Road, Eden Prairie. MN ~~~~4- WOrk Phone:
Property OWner: Minnesota Valley Electric COOD ~~ Home Phone:
Address: 125 r~innesota Valley Electric Drive.Jordan55352 WOrk Phone: 423-2313
Type of OWnership: Fee X Contract Purchase Agreanent
Consultant/Contractor: Phone:
Existing Use
of Property: Essesential Service/Electric Substation Present Zoning: ';2.\
Legal Description
of Variance Site: Part of NE!, of the NE! of Section 30. Two. 115. Range 21(Attached)
Variance Requested: Variance for heiqht 70'
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 X R)
What was requested:
When: Disposition:
Describe tQe ~ of ~r~ements proposed: Installation of four steel poles to serve
substatlon. Two eXlstlng poles replaced & one distribution Dole removed.
AI I guy Wlres removed. New landscape plan to be implemented.
&JBMISSION REOUIREMENI'S: .
(A)Completed application fonn. (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. CD)Certified from abstract finn,
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 nap
at 1"-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:i <n1MISSION.
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
requiranents for variance procedures. I ~prOVide information and follow the
procedures as outlined in the Ordinance. ~~
APPlicants Signature
SUbmitted this ~day of March 19..1.6
Fee OWners Signature
THIS SPACE IS '10 BE FILLED OUT BY THE PLANNIN:i DIREX:TOR
PLANNING OOMMISSION
CITY COmcIL APPEAL
APPROVED
APPROVED
DENIED
DENIED
DATE OF HEARING
mTE OF HEARING
CONDITIONS:
Signature of the Planning Director
Date
I
_ -- _ ---- -+-r--- - v
I r
- I
o
o
o
tn
o
p
Z
LJ
I--=:J
LJ
~
IJl C
Q; 0
-o'::ilJ
QIJl...JU
Q;.QC
U -0<:: ,Q; Q;
o Q +' .-"- C
o IJl :..:;;
~~';5C
Q; ~>-
Gl IV cn -l-> +-'
C+'Cd'>-.
4=)1Jl4=)-J->Q;
\f) IJl If) G-
',_ ~ ._ .Q 0
X'lJ>(:J"
wzwv1cL
I ! : I
t ..~ ~ !
~
II-
I
"4..
------+:+
.--
-
!
i
HI:I"S'J\
i
"
"
"
'~
~,
w
>
<[
wz
Y: 0 I
S~ I
~f- I
D(/) ~
_ COI /
\ g: a l ill /~ /
~ J--LV//~/
i_ H]:~ _:C]3WWDJ II, (
r-..._.r~ ~
; ,""
. ~ '"
'""-
>-
I
f-
o
2::
f-
i
,
..O-.L
..0- .L
..0 .6(
..0-.09
:-Lil
~
D
LL
~I
f-
<.:[
f-
Vi
CD
:=J
(,/)
>
J:.
(]'\
'-.0
241
181
')1
ic
rl
b
".
~
.
~n
~~
-~
~r
.~
~
~
~ ~g
~7~
~ ~ ~
~ ~l
II
d~
I
I
I .
. / I
r ~~ ~ ~
~ ~ ! ,) \
Q..~\' ~'fl I B ~ ~
() . ..} . ~
11 ~:1..J
!I. ~ it. ~ :i .
~ ~ ~ ~ ~I'.. . ~
~\~ ~I~ ~~ ~ ~
:q- ~ ;r ~j
~
:2
~\
~&
~'f
~~
~
\ ~
~~\ !
\ ~
Iq2
i ~ ~
~~ ~i
I\~ i~
j~
I
Of,
96-027VA
Glendale - Prior Lake
69kV Transmission Line
Cooperative power Association * Transmission & Environmental Services ~ February 1996
~II!!OPERATIVE
""~8WER
14615 Lone Oak Road
Eden Prairie. Minnesota 55344-2287
(612) 937.8599
.
Mln_ Valley EIectrlc ~
2G425 JOHNSON MEMORIAL DRIVE
P.O. BOX 125
JORDAN. MN 55352
Project Need
The Line
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 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
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 arm constrUction,
fypical CPA Structure Along
State Highwav 13 5howing
distnbution underbuild.
PROJECT ~IAP &
SCHEDULE ON
BACK PAGE Er
EXHIBIT A
PROJECT MAP
....... .......C"o~
-....;;~
.......
.[1.'[;
.
>=
.. 29 l"
.. g.
. ~
>
, D CPA Phase I
B CPA Phase II
. NSP Reconstruction
Substations
Phase I Construction: lVSP
Reconstruction & CPA/lYSP Tap
Transmission Polesfrom Tap to
County Road #42.
Phase II Construction 1997: County
Road #42 into Prior Lake Substation
Easements
No easements are expected to be obtained
from residential home owners. NSP's
reconsuuction 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 March 1996
NSP Reconstruction April 1996
i'Wunicipal Approvals j'Warch 1996
Start Construction
Phase I
Phase II
Completion
August 1996
April 1997
May 1997
Ifyoll have any
questions contact:
Kevin Maas
Land Use Manager
Cooperative Power
14615 Lone Oak Road
Eden Prairie, Minnesota
55344-2287
(612)949-8287
~
u
Q)
.
o
H
~
~
0\
\0
~
o
en
~
· ,..-4
~
Q)
~
Q)
~
~
=
OJ
~6
;::: ~ bO
.,.-4 . 0 = =
..0 ~ 0 .,.-4 ~
~ QJ ..-4..... ~
. ,.-4;> CI:J CI:J . ,.-4 .
~ QJ CI:J .0 ~ .~.- ....
\M# f""'\ · ,.-4 " \M# .:
~ ~ ~ ~ .... =2-,:.
~ J-t <[..
~ U rJ':J = -< -:::: ..
QJ~ .,.-46 = o'~ ~
~ ~.
~ QJ '0 ?
o g E ~ ~ -(i' ~
~ 0 U CI:J.... ~
~ 'J ..='J~~
Q) ~ ~ -l'"'I 2 _~ fa
rJ':J rJ':J 0 ~.... QQ ~
~ Q)~=~~~
t t: ~ -; ~ 0 ~
~ ~8 ~]~~
DO 0
CIJ
~ Q.) b()
cO ~
=
~ u .~
~ N
r:J) OJ .~ .~
~ ,-...t rI:J
QJ ~ ~ ~
cO = =
J-4 .CJ) 0
OJ 0
= .~ tJ
~ ~ ~
~ Q.) tJ QJ
.... QJ CIJ
t\S \4-1 CIJ
:> CIJ 0
QJ ~ ,-...t ~
~ ~ ~
~ cO =
QJ !
0\ ~ =
tJ
.... \0 ~ ta =
tJ ~ ~
I I U
QJ cO CIJ
.~ r:rJ ~
. ~ OJ ~ QJ
0 I cO ~ r:rJ
0 . ~
cO S QJ
J-4 · fIIIIII( = b()
~ '\:) .J111114 ta
~ · fIIIIII( ~ 0 S ~
'\:) ~ .,.... =
'\:). OJ ~ ,-...t 0
I ~
<C:CJ <C: I I
. .
. ..-4
l-4
o
. ..-4
l-4
~
,...
tJ
QJ
.
o
l-4
~
~
z ~
.0
Cfj .,..-4
(]) Cfj
o .~
o s
~ rJ:J
o a
.,..-4 ~
~~
~
Cfj ~
,.0 ~
~~
CfJ u
bQro
~~
.,....( (])
in >
.,....( ro
~~
.
OJ ~
bD 0
ca
~ ~
o ~
g
~ · ,..-4
~::E
.. . OJ 0
t) N
OJ · ·
~ CI:J
~ OJ
< bD
ca
CI:J ~
~ ~
OJ 0
S ~
o OJ
~ bD
CI:J ~
8 0
.~
8 ~
~ q";
---I 1.0 ,::::
~ ~ ~ OJ
~ OJ CI:J ~
~ > OJ 0
~ 0 ~::E
CfJ I I
Q-\
~
.fIj
~
~
QJ
y
J-4
=
o
rJ:J
=
o
.f1114
;fIj
,: fI'.J ·
.f1114 cu
a a
fI'.J fIj
= 0
.~ ~
~ ~
b()~
= 0
.p.t r:/:J
t;) cu
. p.t ......
)( . p.t
~ a
.
~
l:-
N
o
I
\0
0\
~L-
15il!l!~
~i I ~I
5 I
i
II
! if ~
_~ ~r--
11
II
.
i:
,i '
: '.-,~~I--.- ~_.I
J__ -I !
1 ---~~ :~ '
'-J' -
-,
,
, ~ ' ~
~ ~
. ~ .
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 B1-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 I!~~~~/~. 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 fue, 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 ~gf~. 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 INST ALLA nON OF 4 POLES
HAVING 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
96-027VA .
Glendale - Prior Lake
69kV Transmission Line
Cooperative Power Association * Transmission & Environmental Services ~ February 1996
G'III!!OPERATIVE
~~WER
14615 Lone Oak Road
Eden Prairie. Minnesota 55344-2287
(612) 937-8599
.
MIn-'- v.lley EJec:trtc CooperItM
20-425 JOHNSON MEMORIAL DRIVE
PO. BOX 125
JORDAN, MN 55352
Project Need
The majority of the line that
Cooperative Power Association
(CPA) 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 tmn
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
Project Goal
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.
To provide a reliable second
source of power for the Prior Lake
Substation.
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 arm construction.
Typical CPA Structure Along
State Highway 13 showing
distribution underbuild.
PROJECT MAP &
SCHEDULE ON
BACK PAGE IF
EXHIBIT A
4
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
SITE:
PRESENTER:
PUBLIC HEARING:
DATE:
4.E
Consider variances for David Smith
2950 Spring Lake Rd.lCo. Rd. 12
Donald R. Rye, Planning Director
YES ..1L NO
June 10, 1996
INTRODUCTION:
The Planning Department received a variance application from Mr. David Smith. Mr.
Smith wishes to construct a new, attached garage as shown on the attached survey. The
proposed garage measures 24' x 30' and would require the following variances;
1. An 18 foot variance to permit a 67 foot setback from the centerline of Spring
Lake Road rather than the required 85 feet;
2. A 5 foot variance to permit a rear yard setback of20 feet instead of the
required 25 feet.
At the time it was originally submitted, the applicant was also requesting a side yard
setback variance. Since the submission, Ordinance 96-12, permitting one side yard
setback of 5 feet on substandard lots has taken effect. Because the subject site is a
substandard lot, the applicant may thus have one side yard setback down to 5 feet.
DISCUSSION:
The subject property is zoned RI-Suburban Residential and is located in the SD-
Shore land District. The subject property was originally platted as a part of Butternut
Beach, which was platted in 1926. The property is currently developed with a house with
attached garage. The legal building envelope on the property which results from the
applicable front and rear yard setbacks is about 8 feet deep.
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. Arguably, Mr. Smith currently has reasonable use
16200 ~?~~.~Sf S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
of the property with the existing house and garage. Moreover, Mr. Smith also has
alternatives for the expansion of the garage which would limit the magnitude of the
variances required. Specifically, a garage addition measuring 24' x 26' could be
constructed, which would eliminate the need for a rear yard setback variance.
2. Such unnecessary hardship results because of circumstances unique to the
property.
Because staff has concluded that reasonable use exists, there is no unnecessary hardship.
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 results from the Mr. Smith's desire to have an oversized 3-car
garage and not from the provisions of the City's Zoning Ordinance.
4. The variance observes the spirit and intent of this Ordinance, produces
substantial justice and is not contrary to the public interest.
The intent of the Ordinance is to insure reasonable use of property which conforms with
at least the minimum standards set by the community in its Ordinance. In some measure
this means that the level of development of any parcel of land is dependent on its
particular characteristics, and that any parcel should not be overdeveloped. The proposed
project does not meet this intent, in that it provides perhaps more development than
should reasonable be accommodated on the subject site.
ALTERNATIVES:
1. Approve the variances requested by the applicant, or approve any variances the
Planning Commission deems appropriate in the circumstances.
2. Table or continue discussion of the item for specific purpose.
3. Deny the application because the Planning Commission finds a lack of
demonstrated hardship under the Zoning Ordinance criteria.
RECOMMENDATION:
Because staff has concluded that the request does not meet the Ordinance criteria, staff
recommends Alternative No.3, denial.
;;
ACTION REQUIRED:
A motion adopting Resolution 96-22 PC denying the applicant's request for variance.
9640V APC.DOC/CC
2
RESOLUTION 9622PC
A RESOLUTION DENYING A REQUEST FOR THE FOLLOWING VARIANCES;
1. AN 18 FOOT VARIANCE TO PERMIT A 67 FOOT SETBACK FROM
THE CENTERLINE OF SPRING LAKE ROAD RATHER THAN THE
REQUIRED 85 FEET;
2. A 5 FOOT VARIANCE TO PERMIT A REAR YARD SETBACK OF 20
FEET INSTEAD OF THE REQUIRED 25 FEET;
ALL RELATED TO A PROPOSAL TO CONSTRUCT A GARAGE ON THE
PROPERTY LOCATED AT 2590 SPRING LAKE ROAD.
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. David Smith has applied for a variance from Section 9 of the Zoning
Ordinance in order to permit the construction of an attached garage on
property located in the RI-Suburban Residential zoning district and the SD-
Shoreland District at the following location, to wit;
2950 Spring Lake Road, legally described as Lots 27 and 28,
BUTTERNUT BEACH, Scott County, Minnesota.
2. The Board of Adjustment has reviewed the application for variance as contained
in Case 96-040V A and held a hearing thereon on June 10, 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. The request does not meet the Ordinance criteria, in that reasonable use of the
property currently exists and alternatives exist for placing a garage on the
property which would require fewer or lesser variances
16200 ~ggt~e. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
5. The granting of the variances is not necessary for the preservation and enjoyment
of a substantial property right of the applicant. The variances would serve merely
as a convenience to the applicant, but are not necessary to alleviate demonstrable
hardship.
7. The contents of Planning Case 96-040V A are hereby entered into and made a part
of the public record and the record of decision for this case
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby denies the
requested variances.
Adopted by the Board of Adjustment on June 10, 1996.
Richard Kuykendall, Chair
ATTEST:
Donald R. Rye, Planning Director
9622PC.DOC/RML
2
Planning Case File No. .3 t,--- 0 W
Property Identification No~-/31 '0'7 -0
City of Prior Lake
LAND USE APPLICATION
16200 Eagle Creek Avenue S.E. / Prior Lake, Minnesota 55372-1714 / Phone (612) 447-4230, Fax (612) 447-4245
Type of Application: Brief description of proposed project (attach additional
o Rezoning, from (present zonin::) sheets/narrative if desired)
to (proposed zonine)
o Amendment to City Code, Compo Plan or City Ordinance See Attached
o Subdivision of Land
o Administrative Subdivision
o Conditional Use Permit
Q3 Variance
Applicable Ordinance Section(s):
Applicant(s): Dave Smi th
Address: 2590 Spring La]{e Rd, Shakopee Mn 55379
Home Phone: 445-9312 Work Phone: 445-9312
Property Owner(s) [If different from Applicants):
Address:
Home Phone:
Type of Ownership:
:XC"
A./!hp~
I ,. r,...
..$4~
Work Phone:
Fee _ Contract for Deed _ Purchase Agreement ~
Legal Description of Property (Attach a copy if there is not enough space on this sheet):
Lots 27-28 Butternut Beach
To the best of my knowledge the information procided in this application and other material submitted is correct. In
addition, I have read the relevant sections of the Prior Lake Ordinance and procedural guidelines, and understand that
applications will not be process unt deemed complete by the Planning Director or assignee.
\
7'-d?6'-?b
Date
J~~ A i3dVC-
Fee Owner's Signature
Date
THIS SPACE TO BE FILLED IN BY THE PLANNING DIRECTOR OR DESIGNEE
PLANNING COMMISSION
CITY COUNCIL
APPROVED
APPROVED
DENIED
DENIED
DATE OF HEARING
DATE OF HEARING
CONDITIONS:
Signature of Planning Director or Designee
Date
CERTIFICATE OF SURVEY
101. 70
(f'/9.o/)
('1/72)/
WOOD
OJ!fCVJ5
1,-- "1..' ---1
~--%C".,:- --I I
r
<Il
<r-
<Ii
<Il
'"
~
6(7.0
ONE ~~Y MAH.!i I
DW'El.L/J.Jq
"" 25'10
O(l,,~s.'L.&..
L9z..j ,,,)
I.f'fo
qAt<.
}."."
!O.,,5
6rl'f/t. ~\
Ij %1 87./
;,:~/p.(). ,
.' .1'"'T':'
, ,~. ".' .
! ::.,"
~ .>;
~ ,','
":..'..L_J"
~.""r-~,
_J
I...
!-~
10
<Il
<r-
(I)
~ '10
0.... .,'1
~ q\ \
, (9f!/.6>)
~ '. . -.( #
,,: .'
(91?~,,) "
100.20 .
~
BIT.
/;}O. e'1E 01'" 8'17/HI dUS --.,
!.. .3/'0
/?~- z"
~. -- .
COUNTY
( SPRING
ROAD NO. 12
LAKE ROAD)
~ L3n:
-Fl.. r Z I 'a:)
PROP~RTY DESCRIPTION
Area of hnuse ann garage
Are~ of concrete drive
149<; sq. f.l.
534 sq. E l.
,~.)48 5q. U..
Lots 27 & 28
'IlUTTF.RNUT BEACH"
According ~o the recorded plat thereof
Scott County. Minn~5ota
Total
Impervi0US ~reas 3S a percentage
of the let area.
23.4H
0 Denotes icon monument 5E't
. De.notes i.ron monument found
. . .Denotes conc("ete slab
( 9ZI.80) Denotes existing spot elevation
( ] Denotes proposed ~levation
~
-N
~
BENCHMARK
SCALE
I
IJ 10
IN
FEET
I
I/O
Spike in power pole located in the
northwest quadrant of Northwood
Road and Spring Lake Road
Elevation 922.45 N.G.V.D.
'20
14243 Miloka Circle N.E.
Prior I.ake. :-..tinne~o(a ~~J'2
1i12..L4~.QI~4
I hereby certify th~t this survey, plan or report
'J;\!=; prep;:tred by me or under my direct supervision
and that I am a dul? Re~istp.red Land Surveyor
under the l~w~ of th~ State of Minnesota.
a~%~
Jam/!-,,' E'/l~oerh"ve RLS
DHo tj?I<'IL 19, 1116 R"... Nn. ;n')~
BOERHAVE LAND SURVEYING, INC.
-
::
II
N
() ~
0
J :)
~ ~
hi [
'Z.
tT(
~
:s.-
::I
t b
11
, f'I
N9
~l)
D:
, r
r
'1
~
~
L
I G"
j
I
/
I I ).-.;j
.,' ~~
'\' 3~
ciTl
Zit
1-
~'1
"fJ'J
. }3
Z~
~m
{'.f2.
(;11]
b~
..;q-
~
1
c
~
NOTICE OF HEARING TO CONSIDER THE FOLLOWING VARIANCES;
1. AN 18 FOOT VARIANCE TO PERMIT A 67 FOOT SETBACK FROM
THE CENTERLINE OF SPRING LAKE ROAD RATHER THAN THE
REQUIRED 85 FEET;
2. A 5 FOOT VARIANCE TO PERMIT A REAR YARD SETBACK OF 20
FEET INSTEAD OF THE REQUIRED 25 FEET;
FOR THE CONSTRUCTION OF AN ATTACHED GARAGE ON PROPERTY
LOCATED IN THE RI-SUBURBAN RESIDENTIAL DISTRICT
AND THE SD-SHORELAND DISTRICT IDENTIFIED AS
2590 SPRING LAKE ROAD
You are hereby notified that the Prior Lake Planning Commission will hold a hearing at
Prior Lake Fire Station #1, located at 16776 Fish Point Road SE (Southwest of the
intersection ofC.R. 21 and Fish Point Road), on: Monday, June 10, 1996, at 7:00 p.m.
or as soon thereafter as possible.
APPLICANT: David Smith
2950 Spring Lake Road
Shakopee, Minnesota 55379
SUBJECT SITE: Lots 27 and 28, BUTTERNUT BEACH, Scott County, Minnesota.
REQUEST: The applicant proposes the construction ofa 24' x 30' attached
garage which would result in the setbacks described above as well
as a 5' setback from the East as permitted under Ordinance 96-12.
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.
16200 e'aW~-~reek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 41&.7-4245
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: May 30, 1996
VA9S-12
2
,
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
SITE:
PRESENTER:
PUBLIC HEARING:
DATE:
4.F
Consider variances for Michael and Kathleen Sorenson
16351 Albany Avenue SEe
Donald R. Rye, Planning Director
YES -X. NO
June 10, 1996
INTRODUCTION:
Michael and Kathleen Sorenson submitted an application for a building permit to
construct a deck and screened porch on the subject site. Review of the permit application
revealed that a variance would be required to construct the proposed addition.
Subsequent to contacting the applicants, they submitted a variance application to the
Planning Department. The proposed addition would have a front yard setback of 15 feet
instead of 25 feet on Albany Street.
DISCUSSION:
The subject site contains a house which was constructed in 1966, prior to the annexation
of this area from Spring Lake Township in 1973. The house had a deck at one time,
which has since been removed by the applicants. The City's property management
system does not contain a separate record of building permit for the deck.
The subject site is narrow (50.04' wide) and substandard in area. As a comer lot it is
subject to 25' setback requirements along Pleasant Avenue and Albany Street. The
applicable side yard setback is 10', which thus limits the buildable area' on this site to a
band 15' wide. The applicants propose an L-shaped addition which would be 24' deep at
its widest point. At the front it would maintain the stepped-back building line of the
existing house; at the side it would maintain the required 10' setback.
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 their objectives without the requested variance. While the site is narrow, it
would afford 15' for the construction of a deck on the subject property. The deck could
16200 ~ggf~er~~S~. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 4,\7-4245
AN EQUAL OPPORTUNITY EMPLOYER
still extend 20' as proposed by the applicants. Thus, while the site is substandard, staff
has concluded that the applicants have legal alternatives, and that this criterion is thus not
met.
2. Such unnecessary hardship results because of circumstances unique to the
property.
Because staff has concluded that their is no hardship, this criterion is de facto not met.
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 is the result of design choices made by the applicants, rather than by the
provisions of the Zoning Ordinance.
4. The variance observes the spirit and intent of this Ordinance, produces
substantial justice and is not contrary to the public interest.
Granting the variance will not have a substantial functional or aesthetic impact on the
surrounding neighborhood, and is not viewed as contrary to the public interest.
ALTERNATIVES:
1. Approve the variance requested by the applicants, 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 does not meet the Ordinance criteria, staff
recommends Alternative No.3, denial.
ACTION REQUIRED:
A motion adopting Resolution 96-23 PC denying the applicant's request for variance.
9648V APC.OOC/CC
2
...._-.---....;..,.,--~~.._-,
'."z..':";;G,..~~.. "".".' ...,....,.__.~-_.. -~ ---~_._------:.--_~.. ". -----.......-------~---....-.--'"-~-...
~
Planning Case File No. q~- ()~ ~
Property Identification No. ~ ~ 5 9 O~ () I ~ 0
City of Prior Lake
LAND USE APPLICATION
16200 Eagle Creek Avenue S.E. / Prior Lake, Minnesota 55372-1714 / Phone (612) 447-4230, Fax (612) 447-4245
Type of Application: Brief description of proposed project (attach additional
o Rezoning, from (present zonin~) sheets/narrative if desired)
to (proposedzonini) /"1.onJO..rMW rfD_C.k. 'f SCfQlVI fh('r-r.
,- .. r J
o Amendment to City Code, Compo Plan or City Ordinance In +<..1.. ~'rc!)<<..:>""t 1'A<'t> (, {}-t- , "'\j(.,~
o Subdivision of Land
o Administrative Subdivision
o Conditional Use Permit
Variance
Applicable Ordinance Section(s):
I
Applicant(s): fY'I i (' Vlncd 6 ko.+hll2.e.t\ ,So ,VlSO(\
Address: I ~ j 51 A (bn^'1 A\H.-- S c..
Home Phone: 447. c...f ~ I Work Phone: X90 - 57 10
Property Owner(s) [If different from Applicants]:
Address:
Home Phone:
Type of Ownership: Fee
Work Phone:
Contract for Deed _ Purchase Agreement -.:.
Fee Owner's Signature
Date
THIS SPACE TO BE FILLED IN BY THE PLANNING DIRECTOR OR DESIGNEE
PLANNING COMMISSION
CITY COUNCIL
APPROVED
APPROVED
DENIED
DENIED
DATE OF HEARING
DATE OF HEARING
CONDITIONS:
Signature of Planning Director or Designee
Date
~~n
...!:Io
'1: ~
':1 '"tl
o
~
~
~
.......
o
Z
Q)
a
ALBANY
Sf.
Ol
a
09
'0
EDGE OF BITUMINOUS
""-
\-...~
\
......
150.00
~
...
+
---
- 22.1-
lJ1
a
~
/" - 27.0,
\
-1
I
- 26.4-
~
t:I:1
~
C/)
~
~
~
!1l 36.0
14.0 a
1 STORY I\)
~ WOOD FRAME 6
a 50.0
24.5
I\) Q I\)
~ " ~
In ~ 01
24.5
r
"
.J ." '"
r- ~:"
I 0 00
I \T\ VI
"l g
L ..l9.iL
lJ1
~
~
.->
.->
'<5'
t-
""-
-~
"'0
...... - RETAINING 1{1 50. 00
WALL ~
\
\
I
!-<
a
66
!'>
...
~
-.:::::
~
'" tll;.;
..
Ii 1;" ..
:l :;
2.a~
rl} "'S~:i"~~~~ ).~
a
q"" CUI 0"" ~P.1
:g~ !'!"~~~. OQ:a
1~ SClga:""g:g!1. ::r:
G ~ ~~-lIJ~:tNO 8~
... n (I :b. t'D -. .. -.. 0
~~ ,,~<a Q _ l::lJJ
~ .. ::JUt~(raUJotg ~c: c:
:. ~ o~~?~2:~Q. '1:l ~~
"- ~"".. 0"-' ~ U) '(fj
'\ 5~ :J" .,.s:e.~~.[~ 0 (J t-rj
'1:l > '(fj
~ " ~:~Q.S:" s: tz:I ~~ ~ c:
..."!!. O~o'1;)(to::" ~
110 0""
e." -G'S:!~3~~ ~ ~
.. ~ ~~~ c:3~~ C)ll y
1:'0 ntno-g:l)Q:J- t::l SEa 1-"= z ~ 0
i~ Q CI - S' a ~ ~ 8 tz:I ::td n
.... In 0\0 UJ 5'" ~ CI.l :!l~ tr:1
1! i goo :IQ ~_ ("J ~l:: II ~ ;l>
~ ;;:t{j
1:' 5=-.."001'>........ ~ """""3
'!' r= ~ :-3-l/)..... ~~ C..:l
5' (j; - i ~ Q a 0 - 0 ~
'z: ..... ;OO14Q"8~:: 0 0
.. .... z ~~
10 P ..... G' No 0 ..... 3' ::r Z
:: o-~iS.l;)-~"
... '<1 i II.' i 0 01 c: ~
to
.. ~. 5= -g ~ C'i ~q. 3- ~
~~ ~ II s' _3 ',.. ~
". ~ - S' 3 it' l:: ~
~! ~CI~"~!.\~'!i
.. 0- ~
~!l QO'"....r-~a-
:s ~~. 2. S= ~ ~
at g:~. 1'> Q . a
:,..~ a. ...
2.11
~'"
It
"
I
I
I
I
\
I
RESOLUTION 9623PC
A RESOLUTION DENYING A REQUEST FOR A 10 FOOT VARIANCE TO
PERMIT A FRONT YARD SETBACK OF 15 FEET INSTEAD OF THE REQUIRED
25 FEET FOR THE CONSTRUCTION OF A DECK AND PORCH ON THE
PROPERTY LOCATED AT 16351 ALBANY AVENUE SE.
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Michael andKathleen Sorenson haves applied for a variance from Section 4 of the
Zoning Ordinance in order to permit the construction of a deck and screened
porch on property located in the RI-Suburban Residential zoning district and the
SD-Shoreland District at the following location, to wit;
16351 Albany Ave. SE., legally described on the attached copy of survey,
Scott County, Minnesota.
2. The Board of Adjustment has reviewed the application for variance as contained
in Case 96-048V A and held a hearing thereon on June 10, 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. The request does not meet the Ordinance criteria, in that legal alternatives exist
for placing a deck and screened porch on the property which would require no
variances.
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 are not necessary to alleviate demonstrable
hardship.
7. The contents of Planning Case 96-048V A are hereby entered into and made a part
of the public record and the record of decision for this case
16200 ~91~e. S.E., Prior Lake, Minnesota 55372-1714 I Ph. (612) 447-4230 I 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.
Adopted by the Board of Adjustment on June 10, 1996.
Richard Kuykendall, Chair
ATTEST:
Donald R. Rye, Planning Director
9623PC.DOCIRML
2
NOTICE OF HEARING TO CONSIDER THE FOLLOWING VARIANCE;
1. AN 10 FOOT VARIANCE TO PERMIT A FRONT YARD SETBACK
OF 15 FEET INSTEAD OF THE REQmRED 25 FEET FOR THE
CONSTRUCTION OF A DECK AND SCREENED PORCH;
ON PROPERTY LOCATED IN THE RI-SUBURBAN RESIDENTIAL DISTRICT
AND THE SD-SHORELAND OVERLAY DISTRICT IDENTIFIED AS
16351 ALBANY AVENUE SEe
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, June 10, 1996, at 7:00 p.m.
or as soon thereafter as possible.
APPLICANTS: Michael and Kathleen Sorenson
16351 Albany Avenue SEe
Prior Lake, Minnesota 55372
SUBJECT SITE: 16251 Albany Avenue SE, as legally described on the attached
copy of "house location survey", located in Scott County,
Minnesota.
REQUEST: The applicant proposes the construction of a deck and screened
porch as shown on the attached copy of "house location survey",
which will have a front yard setback of 15 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 orthe 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.
16200 e'aW~~eek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 4l(.7-4245
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: May 30, 1996
V A96-048
2