HomeMy WebLinkAboutDecember 9, 1996
REGULAR PLANNING COMMISSION AGENDA
MONDAY, DECEMBER 9, 1996
7:00 p.m.
1. Call Meeting to Order:
2. Roll Call:
3. Approval of Minutes:
4. Public Hearings:
A. CASE #96-088 CONSIDER AN AMENDMENT TO SECTION 6-3-5 OF THE PRIOR LAKE CITY
CODE AND SUBDIVISION ORDINANCE PERTAINING TO THE EFFECT OF SUBDIVISION
APPROVAL ON FINAL PLATS WITH UNDEVELOPED OUTLOTS.
B. CASE #96-120 CONSIDER THE FOLLOWING VARIANCES: A VARIANCE TO PERMIT A 42
FOOT SETBACK FROM THE ORDINARY HIGH WATER LEVEL OF PRIOR LAKE (904 EL.)
INSTEAD OF THE REQUIRED 75 FEET; A VARIANCE TO PERMIT A DETACHED
ACCESSORY STRUCTURE (GARAGE) OF 872 SQUARE FEET RATHER THAN THE
MAXIMUM SIZE OF 832 SQUARE FEET ALLOWED; FOR THE CONSTRUCTION OF A
DETACHED GARAGE ON PROPERTY LOCATED IN THE R-l DISTRICT AND THE SD
DISTRICT IDENTIFIED AS 14472 SHADY BEACH TRAIL.
5. Old Business:
6. New Business:
A. CASE #96-123 JOHN CRAIG APPEAL OF A BUILDING PERMIT.
B. CASE #96-122 ST. PAUL'S LUTHERAN CHURCH CONDITIONAL SIGN PERMIT.
C. CASE #96-102 FAIRVIEW CLINIC CONDITIONAL SIGN PERMIT.
7. Announcements and Correspondence:
A. ZONING ORDINANCE UPDATE
8. Adjournment:
16200 e8~el'fek Ave. S.E., Prior Lake, Minnesota ~72-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
~
PLANNING COMMISSION MINUTES
NOVEMBER 25, 1996
1. Call to Order:
The November 25, 1996, Planning Commission meeting was called to order by Chairman
Criego at 7:00 p.m. Those present were Commissioners Criego, Kuykendall, Stamson,
VoOOof and Wuellner, Director of Planning Don Rye, Planning Coordinator Jane Kansier,
Planner Jenni Tovar, Acting Engineer John Wingard and Recording Secretary Connie
Carlson.
2. Roll Call:
Stamson
Kuykendall
V onhof
Wuellner
Criego
Present
Present
Present
Present
Present
3. Approval of Minutes:
MOTION BY WUELLNER, SECONDED BY VONHOF, TO APPROVE THE OCTOBER 28,
1996, MINUTES AS SUBMITTED.
Vote taken signified ayes by Wuellner, V oOOof, Kuykendall, Criego and Stamson.
MINUTES APPROVED.
MOTION BY WUELLNER, SECONDED BY VONHOF, TO APPROVE THE OCTOBER 29,
1996, MINUTES AS SUBMITTED.
Vote taken signified ayes by Wuellner, VoOOof, Kuykendall, Criego and Stamson.
MINUTES APPROVED.
MOTION BY WUELLNER, SECONDED BY ST AMSON, TO APPROVE THE NOVEMBER
12,1996, MINUTES AS SUBMITTED.
Vote taken signified ayes by Wuellner and Stamson. MINUTES APPROVED.
Commissioners V oOOof, Criego and Kuykendall were not present at the meeting and
abstained from voting.
4. Public Hearings:
A. Case #96-114 Variance request from Northern Classic Homes requesting a
variance to permit a 22 foot setback from the Ordinary High Water Level (OHWL)
of Prior Lake instead of the required 75 feet; a variance to permit impervious
MNII2S96.00c
PAGEl
surface lot coverage of 37.80/0 rather than the maximum 30% impervious lot
coverage allowed; for the construction of a single family dwelling on property
located in the R-l District and the Shoreland Overlay District identified as 14488
Shady Beach Trail.
Planner Jenni Tovar, presented the information from the staff report dated November 25, 1996.
The proposed dwelling has a 22 foot setback from the Ordinary High Water Level
(OHWL) of 904 instead of the required 75 feet. The applicants are requesting a variance
of 53 feet to the required setback. Based on the survey submitted by the applicant, the
impervious surface of the lot, with the proposed dwelling and driveway, is 37.8 percent,
which is greater than the maximum impervious surface of 30 percent allowed in the
Shore land District. A variance of7.8 percent of impervious surface is being requested.
The staff concluded the size and physical characteristics of the lot are a hardship outside
of the applicants' control. In addition, there are no legal alternatives for the location of
the proposed dwelling. However, the variance to impervious surface could be eliminated
if the applicant makes the changes as recommend in the staff report.
Staff recommended denial of the variance request to impervious surface, and approval of
a 35 foot variance from the OHWL, permitting the setback to be 40 feet instead of the 75
feet required. Staff also recommended granting a front yard setback variance of 10 feet,
making the structure setback 15 feet from Shady Beach Trail instead of the required 25
feet. This was a compromise of setback variances.
The DNR sent a written response recommending denial of the variances as proposed.
Comments from the public:
Scott Perkins, of Northern Classic Homes, 3251 Butternut Circle, said they can work out
staff s recommendations. He feels it is squeezing it pretty tight at 30% but the
impervious surface issue can be eliminated. The applicants would like a 3 car garage
which will help store equipment.
John Mayerle, stated his mother owns the adjacent property at 14492 Shady Beach Trail,
and spoke on her behalf. His aunt owned the subject property. His main concern is the
lake setback. The lake has become increasingly dirty because of the runoff. It is critical
to have as much filter as possible. A 40 foot setback is more reasonable. He has a
problem visualizing the homes in the area and this home would be set too close to the
lake. Another issue is with a home built so close to the beach, it will cut off the lake sight
line. Mr. Mayerle would like to see as much grass filter as possible.
Randy Miller, of 14448 Shady Beach Trail, stated his concern for the lake setback. He
would like to see the setback variance go to 40 feet. Does not like to see the tightness
between the homes with the side yard setback.
MN1I2S96.DOC
PAGE 2
Comments from the Commissioners:
V onhof:
· Questioned the lake setback averaging.
· Agreed with the staff report with regard to the impervious surface. It is adequate at 30%.
· Staff recommendation utilizing the setbacks would give an adequate building envelope.
· Concern for driveway - too short.
· Supports - based on hardship criteria.
Kuykendall:
· Concern for 15' driveway. Favor an 18' driveway.
· Support the setbacks as suggested by staff.
. Hold impervious surface at 30%.
· Driveway is encroaching on property line.
Stamson:
· Concurs with Commissioners.
. Hold at 30% impervious surface
. Agreed staff s setback recommendations.
· Good trade off given the constraints with the lake.
Wuellner:
· The property owner has right to reasonable use to his property.
· It is a substandard lot but it is clear the design choice was made by the applicant.
· The hardship is the design of the house. There are many other alternatives.
. Will not support any variances.
Criego:
· Concern for the short driveway of 15 feet.
· Mr. Perkins explained the 15 foot driveway and the problems created by Shady Beach Trail.
· There are 3 homes located after the property to a dead end road.
· Agreed with recommendations by staff. There is plenty of room for cars. The street is never
going to be enlarged.
· Feels strongly about the 30% impervious surface, the lake setback and side yard setback.
Open discussion:
· Kuykendall questioned Mr. Mayerle on his aunt's property. Mr. Mayerle understands the
property and structure and felt it was reasonable to have a home built, but within limits.
· V onhof feels a driveway setback is still important. Once the structure is in it cannot be
moved back. Only suggestion would be is to change the 15 foot to a 20 foot driveway.
· Stamson suggested to redesign the house and come back. A variance will have to be granted
to build the house. It is still an adequate building envelope.
MNI12S96.00c
PAGE 3
. Wuellner feels there are numerous alternate designs. The only variance would be a lake
front setback.
. Kuykendall suggested to table the redesign the home.
Mr. Perkins said he is sensitive to the neighbors' concerns. The hardest thing is to design is not
knowing what the perimeters are. With cost of the lake property it is hard to satisfy the public.
He has no qualms about redesigning but has considered these alternatives already. Would like
more direction.
Criego recommended a 10 foot setback on either side of the property.
Rye explained the Commission cannot take away an ordinance giving a 5 foot variance on the
side yard.
MOTION BY VONHOF, SECOND BY KUYKENDALL, APPROVING RESOLUTION 96-
36PC A 5 FOOT VARIANCE TO PERMIT A 20 FOOT SETBACK FROM THE
SHADY BEACH TRAIL INSTEAD OF THE REQUIRED 25 FEET AND A 35 FOOT
VARIANCE TO PERMIT A 40 FOOT SETBACK FROM THE OHWL (904 EL.)
RATHER THAN THE 75 FEET REQUIRED FOR A PROPOSED SINGLE F AMIL Y
DWELLING.
Vote taken signified ayes by Vonhof, Kuykendall, Stamson and Criego. Nay by Wuellner.
Motion carried.
B. Case #96-107 Public Hearing to consider an amendment to the Zoning
Ordinance relating to the treatment of communications antenna and equipment
shelters.
The hearing was open to the public at 7:46 p.m.. There was no attendance by the public.
Planning Coordinator, Jane Kansier, presented the Planning Report dated November 12,
1996.
The hearing is to consider an amendment to the Zoning Ordinance as it relates to the treatment of
communications antennas and support buildings. The amendment has several parts. First, the
existing definition of Essential Services is broadened to include telecommunications as a utility.
Secondly, a definition of "Equipment Shelters" is proposed. Finally, the amendment addresses
the standards for the construction of equipment shelters.
The telecommunications industry is expanding rapidly, and several companies have approached
the City with requests to utilize existing water tower sites for the antennae and other equipment
needed to provide this service. The City of Prior Lake currently has two such lease agreements,
with antennae on the Prior South water tower and on the water tower located at Crest Avenue
and CSAH 42. The City Council recently adopted a standardized water tower antennae
agreement to address the requests for use of the water tower. However, a recent review of the
MNI12S96.00c
PAGE 4
Zoning Ordinance indicated no provision allowing the equipment shelters often associated with
the antennae. The purpose of the proposed amendment is to address the equipment shelters.
Staff recommended approval of the amendments as proposed.
There were no comments from the public.
Comments from the Commissioners:
The commissioners questioned land ownership and lease fees ($12,500.00). They also
expressed concern for appearance of the building and fitting into the neighborhood. It
should not stand out by design.
Stamson:
· Rye explained essential services and what the city is going to do is clearly
differentiate between the uses. Typically the essential service itself is permitted but
something like a pump house or substation may be limited by conditional use or by
district. It can still be limited.
. Support the idea of re-writing essential service.
. Equipment shelters make sense.
. Does not agree with the 5% area. Limit size to 4 structures per area.
· Rye explained the Telecommunications Act. The city has to tailor this ordinance
where businesses cannot be obstructed. The city could require more than one
company locate equipment in one of these buildings. Staff put this together as a stop
gap with what is facing the city now. Basically the city wants something in place.
Wingard said US West would like to come in.
Wuellner:
. Suggest the City build our own towers and lease the space.
. Supported staff recommendation.
V onhof:
. Concurs.
· Change (C) (2) Under "EQUIPMENT SHELTERS" to state something to the affect
"Structures should be architecturally compatible with the surrounding area and
approved by staff', rather than trying to design these structures.
Kuykendall:
· Questioned whether microwaves be included as well as fiber optic. Kansier explained
the city has addressed part of that issue.
. Screening should be looked at.
Criego:
. Agreed with V onhof s comments.
MNI12S96.DOC
PAGES
Kansier said staff can make those changes regarding the structures being maintenance
free and vandal free.
MOTION BY VONHOF, SECOND BY WUELLNER, TO AMEND THE ZONING
ORDINANCE AMENDING SECTION 5-1-7, 5-3-1 AND 5-5-2 OF THE PRIOR LAKE
CITY CODE AND AMENDING SECTIONS 8.1, 3.1 AND 6.2 OF THE PRIOR LAKE
ZONING ORDINANCE. ADDITIONAL LANGUAGE AS DESCRIBED BY STAFF
IN THE HEARING TO THE (C) (2) EQUIPMENT SHELTER SECTION.
Vote taken signified ayes by V oOOof, Wuellner, Criego, Kuykendall and Stamson.
Motion carried.
The public hearing closed at 8:07 p.m.
5. Old Business: None
6. New Business: None
A. Zoning Ordinance Work Elements
Don Rye reviewed the updated Land Use handout which included permitted uses,
permitted uses with conditions, conditional uses and accessory uses. He also pointed out
serious work needs to be done on the PUD section.
7. Announcements and Correspondence:
A. Proposals for Planning Commissioners and Bylaw changes.
Discussion included:
. Suggested a 6:30 starting time.
. 18 month tenure for chair.
. The internship of new Commissioners.
. Alternate Commissioners.
B. Suburban telecommunication.
. Discussion on the following:
. Newspaper article for general information.
. Clearing County Road 21.
. Update on Eagle Creek Assisted Living project.
MNI12596.DOC
PAGE 6
8. Adjournment:
MOTION BY WUELLNER, SECOND BY KUYKENDALL, TO ADJOURN THE
MEETING.
The meeting was adjourned at 8:36 p.m.
Donald Rye
Director of Planning
Connie Carlson
Recording Secretary
MNI12S96.DOC
PAGE 7
AGENDA ITEM:
SUBJECT:
PRESENTER:
REVIEWED BY:
PUBLIC HEARING:
DATE:
INTRODUCTION:
4A
PUBLIC HEARING TO CONSIDER AN AMENDMENT
TO THE SUBDIVISION ORDINANCE PERTAINING TO
THE EFFECT OF SUBDIVISION APPROVAL ON
FINAL PLATS WITH UNDEVELOPED OUTLOTS
JANE KANSIER, PLANNING COORDINATOR
DONALD R. RYE, PLANNING DIRECTOR
_X_ YES NO-N/A
DECEMBER 9, 1996
The purpose of this item is to consider an amendment to Section 6-3-5 of the
Prior Lake City Code and Subdivision Ordinance. The proposed amendment will
affect those final plats with undeveloped outlots approved more than two years
prior to the effective date of the proposed ordinance. The proposed amendment
will allow the subdivder one year to file a final plat based on the original
preliminary plat. After that year, any new final plat must meet all current
ordinance requirements, unless the Council has approved a staging plan.
DISCUSSION:
This proposed amendment is the result of a discrepancy between the provisions
of the Subdivision Ordinance and past practices regarding the timing of the
approval of final plats. There are two sections of the Subdivision Ordinance
which pertain to the timing of final plats. The first is Section 6-3-4 (H) which
states "a subdivider may file a final plat limited to phases of the developmenf'.
The second is Section 6-3-5, which reads as follows: "For one year following
preliminary plat approval and for two (2) years following final plat approval,
unless the subdivider and the City agree otherwise, no amendment to the City of
Prior Lake's Comprehensive Plan or Subdivision Ordinance shall apply to or
affect the use, development density, lot size, lot layout, or dedication required or
permitted by the approved plat. Thereafter, upon resolution of the City Council,
the City may extend the period by agreement with the subdivider, or it may
require submission of a new plat unless substantial physical activity and
96088PC.DOC Page 1
16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
investment has occurred in reasonable reliance on the approved plat and the
subdivider will suffer substantial financial damage as a consequence of a
requirement to submit a new plat".
In the past, a subdivider was allowed to phase the development by submitting a
final plat with outlots on the undeveloped portion. There was rarely any other
staging plan submitted with these developments. This practice worked well if the
entire development was completed within two years after the first final plat.
However, if the development was not completed within that time, it was subject
to any changes made in the ordinance.
Unfortunately, this provision was not applied uniformly. Therefore, we still have
several plats with undeveloped outlots. In some instances, the development of
. these plats, based on the original preliminary plat, is not consistent with the
current standards, especially in terms of lot size and lot width.
The proposed amendment would eliminate any confusion about the time frame
which may have been caused by past practices. This amendment allows the
developers of the existing plat one year to file a final plat or to request approval
of a staging plan. After a year, the property may be developed using the current
standards.
ALTERNATIVES:
1. Recommend the City Council approve the amendment as presented.
2. Recommend the City Council approve the amendment with changes directed
by the Planning Commission.
3. Recommend the City Council deny the amendment.
4. Table or continue discussion of this item for specific purposes.
ACTION REQUIRED:
A motion to recommend the City Council adopt the proposed amendment as
written or with changes directed by the Planning Commission.
96088PC.DOC
Page 2
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CITY OF PRIOR LAKE
ORDINANCE NO. 96-
AN ORDINANCE AMENDING SECTION 6-3-5 OF THE PRIOR LAKE CITY CODE
The City Council ofthe City of Prior Lake does hereby ordain:
Section 6-3-5 of Prior Lake City Code is hereby amended to read as follows (additions are in
bold italics):
For one year following preliminary plat approval and for two (2) years following final plat
approval, unless the subdivider and the City agree otherwise, no amendment to the City of Prior
Lake's Comprehensive Plan or Subdivision Ordinance shall apply to or affect the use,
development density, lot size, lot layout, or dedication required or permitted by the approved
plat. Thereafter, upon resolution of the City Council, the City may extend the period by
agreement with the subdivider, or it may require submission of a new plat unless substantial
physical activity and investment has occurred in reasonable reliance on the approved plat and the
subdivider will suffer substantial financial damage as a consequence of a requirement to submit a
new plat.
For any plat which has outlots created more than two years before the effective date of this
ordinance, the subdivider shall have one year from the effective date of this ordinance to file a
final plat consistent with the approved preliminary plat, or to file a staging plan for Council
approval. An approved staging plan will allow the subdivider to develop the property
consistent with the approved preliminary plat After one year, any final plat must be
consistent with current standards.
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
DRAFTORD.DOC
PAGEl
Minnesota State Statute
872
j
i;:
873
HOUSING, REDEVELOPMENT, PLANNING, ZONING 462.358
division creating par-
: that all subdivisions
Ir less in size shall be
chapter 505 but may
i
affected political subdivisions and state agencies. The regulations may provide for the
consolidation of the preliminary and final review and approval or disapproval of subdi-
visions. Preliminary or final approval may be granted or denied for parts of subdivision
applications. The regulations may delegate the authority to review proposals to the
planning commission, but final approval or disapproval shall be the decision of the gov-
erning body of the municipality unless otherwise provided by law or charter. The regu-
lations shall require that a public hearing shall be held on all subdivision applications
prior to preliminary approval, unless otherwise provided by law or charter. The hearing
shall be held following publication of notice of the time and place thereof in the official
newspaper at least ten days before the day of the hearing. At the hearing, all persons
interested shall be given an opportunity to make presentations. A subdivision applica-
tion shall be preliminarily approved or disapproved within 120 days following delivery
of an application completed in compliance with the municipal ordinance by the appli-
cant to the municipality, unless an extension of the review period has been agreed to
by the applicant. When a division or subdivision to which the regulations of the munici-
pality do not apply is presented to the city, the clerk of the municipality shall within
ten days certify that the subdivision regulations of the municipality do not apply to the
particular division.
If the municipality or the responsible agency of the municipality fails to prelimi-
narily approve or disapprove an application within the review period. the application
shall be deemed preliminarily approved, and upon demand the municipality shall exe-
cute a certificate to that effect. Following preliminary approval the applicant may
request final approval by the municipality, and upon such request the municipality
shall certify final approval within 60 days if the applicant has complied with all condi-
tions and requirements of applicable regulations and all conditions and requirements
upon which the preliminary approval is expressly conditioned either through perfor-
mance or the execution of appropriate agreements assuring performance. If the munici-
pality fails to certify final approval as so required, and if the applicant has complied
with all conditions and requirements, the application shall be deemed finally approved,
and upon demand the municipality shall execute a certificate to that effect. After final
approval a subdivision may be filed or recorded.
* Subd. 3c. Effect of subdivision approval. For one year following preliminary
approval and for two years following final approval, unless the subdivider and the
municipality agree otherwise, no amendment to a comprehensive plan or official con-
trol shall apply to or affect the use. development density, lot size, lot layout, or dedica-
tion or platting required or permitted by the approved application. Thereafter,
pursuant to its regulations, the municipality may extend the period by agreement with
the subdivider and subject to all applicable performance conditions and requirements,
or it may require submission of a new application unless substantial physical activity
and investment has occurred in reasonable reliance on the approved application and
the subdivider will suffer substantial financial damage as a consequence of a require-
ment to submit a new application. In connection with a subdivision involving planned
and staged development, a municipality may by resolution or agreement grant the
rights referred to herein for such periods of time longer than two years which it deter-
mines to be reasonable and appropriate.
Subd. 4. [Repealed, 1982 c 415 s 3]
Subd. 4a. Disclosure by seller; buyer's action for damages. A person conveying a
new parcel of land which, or the plat for which, has not previously been filed or
recorded, and which is part of or would constitute a subdivision to which adopted
municipal subdivision regulations apply, shall attach to the instrument of conveyance
either: (a) recordable certification by the clerk of the municipality that the subdivision
regulations do not apply, or that the subdivision has been approved by the governing
body, or that the restrictions on the division of taxes and filing and recording have been
waived by resolution of the governing body of the municipality in this case because
compliance will create an unnecessary hardship and failure to comply will not interfere
with the purpose of the regulations; or (b) a statement which names and identifies the
gutters, water supply,
ies; the planning and
:onservation of flood
:y, and geologic and
be consistent with the
and may require con-
. The regulations may
)hibition is consistent
:icularly the preserva-
. 'control development
It for solar energy sys-
lbove surface. or sub-
areas for existing or
sections 469.135 to
uance of building per-
approval has not been
; approval on the con-
~, and water facilities,
receipt by the munici-
;redit, or bond in an
municipality that the
rding to the specifica-
'ply to improvements
5 approval on compli-
ms of the regulations
s and conditions of
nditions by appropri-
ionable portion of any
. public use as streets.
age and holding areas
rtion of any proposed
ation purposes or for
provided that (a) the
ih from the applicant
tblic uses or purposes
:me of final approval,
i by the municipality
:c) in establishing the
the open space, park,
.t proposes to reserve
ines that it will need
ragraph as a result of
provisions regarding
.nary and final review
I of such reviews with
i.
..
.<
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SUBDIVISIONS AFFECTED BY
PROPOSED AMENDMENT
Subdivision Name Date of Original Approval
North Shore Oaks 1968
Titus 1 st Addition 1971
Amen Acres 1979
Windsong on the Lake 1984
West Edge Estates 1986
Raspberry Ridge 1987
Carriage Hills 1992
The Wilds 1993
Cardinal Ridge 1993
Knob Hill \I} 1995
Pheasant Meadows \I} 1996
(1) These plats are also subject to Section 6-3-5 of the Subdivision
Ordinance which states "for one year following preliminary plat
approval and two years following final plat approval, unless the
subdivider and City agree otherwise, no amendment to the City of
Prior Lake's Comprehensive Plan or Subdivision Ordinance shall
apply to or affect the use, development, density, lot size, lot layout or
dedication required or permitted by the approved plat".
DEVELOP2.DOC
1
1213/96
NOTICE OF PUBLIC HEARING TO CONSIDER AN AMENDMENT TO
SECTION 6-3-5 OF THE PRIOR LAKE CITY CODE AND SUBDIVISION
ORDINANCE PERTAINING TO THE EFFECT OF SUBDIVISION APPROVAL
ON FINAL PLATS WITH UNDEVELOPED OUTLOTS
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, December 9, 1996
at 7:00 p.m., or as soon thereafter as possible. The purpose of the public hearing is to
consider an amendment to Section 6-3-5 of the City Code and Subdivision Ordinance.
The proposed amendment will affect those final plats with undeveloped outlots approved
more than two (2) years prior to the effective date of this ordinance. The proposed
ordinance will allow the subdivider one (1) year after the effective date of this ordinance
to file a final plat based on the original preliminary plat. After that year, any new final
plat must meet all current ordinance requirements, unless the Council has approved a
staging plan.
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 20th day of November 1996 by:
Jane A. Kansier
Planning Coordinator
City of Prior Lake
TO BE PUBLISHED IN THE PRIOR LAKE AMERICAN ON NOVEMBER 23
AND NOVEMBER 30, 1996.
96088PN.DOC/JAK 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
AGENDA ITEM:
SUBJECT:
SITE:
PRESENTER:
REVIEWED BY:
PUBLIC HEARING:
DATE:
INTRODUCTION:
PLANNING REPORT
4B
CONSIDER SETBACK VARIANCE FROM OHWL AND
VARIANCE TO MAXIMUM ALLOWED AREA FOR
VAUGHN AND HENRIETTE LEMKE, Case File #96-
120
14472 SHADY BEACH TRAIL ~
JENNI TOVAR, PLANNER '-~\
DONALD R. RYE, PLANNIN~ DIRECTOR
_ YES -X- NO
DECEMBER 9, 1996
The Planning Department received a variance application from Vaughn and
Henriette Lemke, who are proposing to construct a detached garage on a lot that
currently has a single family dwelling with no garage on it. The lot is located at
14472 Shady Beach Trail, on Prior Lake.
The proposed garage has a 42 foot setback from the Ordinary High Water Level
(OHWL) of 904 instead of the required 75 feet (Section 9.3 A of the Zoning
Ordinance). The applicants are requesting a variance of 33 feet to the required
setback. Based on the survey submitted by the applicant, the size of the garage
is 872 square feet, which is greater than the maximum size permitted of 832
square feet (Section 6.2 of the Zoning Ordinance). A variance of 40 square feet
in area is being requested.
DISCUSSION:
Lot 5, Shady Beach No.2 was platted in 1954. This lot averages
approximately 90.29 feet wide and is 100 feet deep on the west property line and
164 feet deep on the easterly lot line, for a total area of 10,820 square feet. The
property is located within the R-1 (Suburban Residential) and the SO (Shoreland
Overlay) district. The lot area makes it a substandard lot under the current
Zoning Ordinance.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
The applicants received a variance on September 25, 1995 permitting a 49
foot setback from the OHWL and permitting a sideyard setback of 7.5 feet for the
construction of a garage. Those variances previously granted expired on
November 20. 1996. The applicants applied for a building permit on November
6, 1996. However, their intent is to place the garage 42 feet from the OHWL.
The applicants plans have not changed since that variance was granted. A
survey was not a part of the original variance granted, thus the determination of
the distance from the OHWL was not clear in the application.
The legal building envelope is triangular shaped and does not accommodate
the size of the proposed garage. The location of the garage is situated as such
to allow for an expansion of the dwelling to connect with the proposed garage.
The applicant is aware that another variance will be necessary prior to obtaining
a building permit for the future residential addition located closer to the OHWL,
than allowed by ordinance or with granted variances.
According to the survey, the applicant is proposing to remove existing
bituminous surface to reduce the amount of impervious surface on the lot.
Furthermore, with the construction of a garage, the applicant will not need that
additional paved area for parking. The proposed impervious coverage on the lot
is 20 percent.
The variance to setback from the OHWL can be minimized by moving the
proposed garage towards Shady Beach Trail. The proposed setback from the
street is 26.14 feet. If the applicants move the garage 1.14 closer to the street,
then the variance request can be minimized by at least one foot.
VARIANCE HARDSHIP S1 ANDARDS
1. Literal enforcement of the Ordinance would result in undue hardship
with respect to the property.
2. This criteria goes to whether reasonable use can be made of the property if
the Ordinance is literally enforced. In this case, the legal building envelope
which results from the applicable yard requirements and a 75 foot or 50 foot
setback from the OHWL cannot meet the needs of the applicant. The size of
the building envelope limits the architectural style and size of the proposed
structure and the future habitable additions.
In regards to the size of the garage, there is no hardship resulting from the
property that would warrant a 40 square foot variance to the maximum size
permitted.
96120pc.doc
Page 2
3. Such unnecessary hardship results because of circumstances unique
to the property.
Unique circumstances in this case are the substandard size of the lot (10,820
square feet) which was platted in 1954, the size and shape of the legal
building envelope, and the location of the existing structure from the OHWL,
which was constructed in 1956. The special conditions affect the location of
the proposed garage, but have no relevance on the rationale for a variance to
maximum allowable area of an accessory building.
4. 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 size and location of the lot and existing structures are hardships over
which the applicant has no control. The lot was created before the Zoning
Ordinance. The origination of the hardship for the variance request to
allowable area is caused by the applicant's desire for more storage space
and the phasing of future residential addition.
5. The variance observes the spirit and intent of this Ordinance, produces
substantial justice and is not ,contrary to the public interest.
The size and location of the proposed dwelling on the lot are not inconsistent
with the location of other structures in this area. The garage will be setback
approximately the same distance as the property located to the east and
closest to the garage. A variance in this case will not be contrary to the
public interest.
ALTERNATIVES:
1. Approve the variances requested by the applicant, or approve any variances
the Planning Commission deems appropriate in the circumstances.
2. Table or continue discussion of the item for specific purpose.
3. Deny the application because the Planning Commission finds a lack of
demonstrated hardship under the zoning code criteria.
RECOMMENDATION:
In regards to the setback variance, staff has concluded that the size, physical
characteristics, and existing structure of the lot are hardships outside of the
applicants' control. In addition, the legal alternatives for the location of the
96120pc.doc
Page 3
proposed garage are restrictive of the applicants proposal. However, the
variance can be reduced if the proposed garage is move northward, as to be
setback 25 feet from the front property line, rather than the proposed 26.14 foot
setback.
Staff recommends that the variance to maximum allowable area of 40 square
feet, to permit an accessory structure of 872 square, feet does not meet the
criteria of hardship and should thus be denied.
ACTION REQUIRED:
A motion adopting Resolution 96-38PC.
96120pc.doc
Page 4
RESOLUTION 96-38PC
A RESOLUTION GRANTING A 32 VARIANCE TO PERMIT A 43 FOOT
SETBACK FROM THE ORDINARY HIGH WATER MARK OF
PRIOR LAKE (904 EL.) RATHER THAN THE MINIMUM
REQUIREMENT OF 75 FEET FOR A PROPOSED GARAGE
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Vaughn and Henriette Lemke have applied for a variance from Section 9.3A of the
Zoning Ordinance in order to permit the construction of a garage on property located
in the R-l (Suburban Residential) District and the SD (Shoreland Overlay) District at
the following location, to wit;
14472 Shady Beach Trail, legally described as Lot 5, Shady Beach No.2, Scott
County, MN
1. The Board of Adjustment has reviewed the application for variance as contained in
Case #96-0120 and held hearings thereon on December 9, 1996.
2. The Board of Adjustment has considered the effect of the proposed variance upon the
health, safety, and welfare of the community, the existing and anticipated traffic
conditions, light and air, danger of fire, risk to the public safety, the effect on property
values in the surrounding area and the effect of the proposed variance on the
Comprehensive Plan.
Because of conditions on the subject property and on the surrounding property, it is
possible to use the subject property in such a way that the proposed variance will not
result in the impairment of an adequate supply of light and air to adjacent properties,
unreasonably increase congestion in the public streets, increase the danger of fire, and
danger to the public safety, unreasonably diminish or impair health, safety, comfort,
morals or in any other respect be contrary to the Zoning Ordinance and
Comprehensive Plan.
3. The special conditions applying to the subject property are unique to such property,
and do not generally apply to other land in the district in which such land is located.
The unique circumstances applicable to this property include the substandard lot size,
16200 Eagle Creek Ave. S.E.. Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
the fact that the property was platted prior to the incorporation of the city, and the
location of the existing structure.
4. The granting of the variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant. The variance will not serve merely as a
convenience to the applicants, but is necessary to alleviate demonstrable hardship.
The factors listed above do not allow for an alternative location of the proposed
addition without this variance.
5. The contents of Planning Case 96-120 are hereby entered into and made a part of the
public record and the record of decision for this case. Pursuant to Section 5-6-8 of the
Ordinance Code this variance will be deemed to be abandoned, and thus will be null
and void one (1) year from the date of approval if the holder of the variance has failed
to obtain any necessary, required or appropriate permits for the completion of
contemplated improvements.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby grants and
approves the following variance for the proposed garage;
1. A 32 foot variance permitting a 43 foot setback from the OHWL of Prior Lake
(904 El.) instead of the required 75 foot setback.
Adopted by the Board of Adjustment on December 9, 1996.
William Criego, Chair
ATTEST:
Donald R. Rye, Planning Director
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November 20, 1996
Statement About Garage
My wife and I want to build a garage. We live on the lake. We just want to build a garage big
enough to put our thing in. As I drive about town, I often notice cars parked in the drive, because
the garage is full of things like bikes and lawnmowers and snow blowers. We have a boat and two
cars. We also have a snowmobile and two jet skis. We want to be able to put our things in the
garage and not have to park trailers in the drive or on the grass. We have a 6 month old daughter.
It would be nice to be able to open the car door enough to put our little girl in a car seat, without
having to back the car out of the garage. And finally, I would like to put the BBQ, and our boys
bikes in the garage to store for the winter. For all of the above reasons, please let us build our
garage approximately 872 square feet. This would leave less than 832 square feet inside space, as
the walls on two sides of the garage will be 8 inch block up to a height of about 30 inches.
Thank You,
Henriette and Vaughn Lemke
NOTICE OF HEARING TO CONSIDER THE FOllOWING VARIANCES:
A VARIANCE TO PERMIT A 42 FOOT SETBACK FROM THE ORDINARY HIGH WATER
LEVEL (OHWL) OF PRIOR LAKE (904 EL.) INSTEAD OF THE REQUIRED 75 FEET;
A VARIANCE TO PERMIT A DETACHED ACCESSORY STRUCTURE (GARAGE) OF 872
SQUARE FEET RA THER THAN THE MAXIMUM SIZE OF 832 SQUARE FEET ALLOWED;
FOR THE CONSTRUCTION OF A DETACHED GARAGE ON PROPERTY lOCATED IN THE R-1
(URBAN RESIDENTIAL) DISTRICT AND THE SO (SHORELAND OVERLAY) DISTRICT
IDENTIFIED AS 14472 SHADY BEACH TRAil.
You are hereby notified that the Prior Lake Planning Commission will hold a hearing at Prior Lake Fire
Station #1, located at 16776 Fish Point Road SE (Southwest of the intersection of C.R. 21 and Fish
Point Road), on: Monday, December 9, 1996, at 7:00 p.m. or as soon thereafter as possible.
APPLICANTS:
Vaughn and Henriette Lemke
14472 Shady Beach Trail
Prior Lake, MN 55372
SUBJECT SITE:
14472 Shady Beach Trail, legally described as Lot 5, Shady Beach No.2,
Scott County, MN.
REQUEST:
The applicants are proposing to construct a detached garage on a lot which
will have a 42 foot setback from the OHWL of Prior Lake instead of the
required 75 feet, and the total proposed size of the structure is 872 square
feet rather than the maximum size permitted of 832 square feet.
The Planning Commission will review the proposed construction and requested variance against the
following criteria found in the Zoning Ordinance.
1. literal enforcement of the Ordinance would result In undue hardship with respect to the
property.
2.
3. Such unnecessary hardship results because of circumstances unique to the property.
i
i
4. 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.
5. The variance observes the spirit and intent of this Ordinance, produces substantial Justice
and is not contrary to the public interest
If you are interested in this issue, you should attend the hearing. Questions related to this hearing
should be directed to the Prior Lake Planning Department by calling 447-4230 between the hours of
8:00 a.m. and 4:30 p.m. Monday through Friday. The Planning Commission will accept oral and/or
written comments. Oral or written comments should relate to how the proposed construction and
requested variances are or are not consistent with the above-listed criteria.
Prior lake Planning Commission
Date Mailed: November 25, 1996
96-120va\96120pn.doc 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Planning Case File No. q to- , J J)
Property Identification No. .;;.~ -a.}t.. -CiJ-'"-o
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\:)
to (proposed zonin\:)
o Amendment to City Code, Compo Plan or City Ordinance
o Subdivision of Land
o Administrative Subdivision
o Conditional Use Permit
sheets/narrative if desired) _ "
Go yc< :J e C7T Ci,,/J'O X 9>70
5fl..,lOv'''''''' Fee;f w i fit ,.", f- 1'1 .,
7 e;- r I c.' h tp '5/;~/r' sef b v~ k
t7e,
I
t:S lU'. t/ e> f ~
Variance
o Other:
Applicant(s): 'l a(}7h~ ( Hen yo; e fit' L e rl1 h -e
Address: lli't I:l.. 5 hody Is eeu,- h Tr~ ,," /
Home Phone: /..f J-/ 'S - 9 3/ & Work Phone: II 3 - L-; c/ 00
Applicable Ordinance Section(s):
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
/1-;C/-96
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:
Signatui'e of Planning Director or Designee
lu-app2,doc
Date
'"
AGENDA ITEM:
SUBJECT:
SITE:
PRESENTER:
REVIEWED BY:
PUBLIC HEARING:
DATE:
INTRODUCTION:
PLANNING REPORT
6A
CONSIDER APPEAL OF JOHN CRAIG FROM A
RULING OF THE ZONING OFFICER RELATING TO
DETACHED ACCESSORY STRUCTURE (Case File
#96-0123)
2855 SPRING LAKE ROAD .A""
JENNITOVAR,PLANNER j\(A
DONALD R. RYE, PLANNING DIRECTOR
_ YES l NO-N/A
DECEMBER 9, 1996
Section 5-6-4 of the City Code provides for an appeal process from decisions of
the Zoning Officer. The Planning Director is the Zoning Officer in Prior Lake.
The attached letters dated October 29, 1996 (Exhibit A) and November 14, 1996
(Exhibit B) were sent in response to a building permit application made by John
Craig on October 23, 1996. A letter of appeal was received from the applicants
attorney on November 26, 1996 and a copy is attached (Exhibit C).
DISCUSSION:
Section 6. 2 (A) of the Zoning Ordinance relating to accessory structures states
"In R-1 Residential areas, accessory structures shall not exceed the
coverage ratio of the principal structure or the maximum of eight
hundred thirty-two (832) square feet, whichever is less."
If the garage is attached to the principal structure, then there is no restriction on
size.
September 5, 1985 See attached minutes (Exhibit D), variance application
(Exhibit E), and staff report (Exhibit F).
Planning Commission denied the applicant's request for a variance based on the
lack of demonstrable hardship. In August of 1985, Mr. Craig applied for a
variance to permit a 1500 square foot detached accessory structure (garage).
The ordinance in place at that time allowed for a detached accessory structure to
be up to 800 square feet in area.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
November 5, 1985 See attached permit application (Exhibit G).
Even thought the Planning Commission had denied Mr. Craig's variance, Mr.
Craig, none the less, submitted a building permit application for the detached
garage of 1500 square feet. The building permit was issued on November 7,
1985 and a 1500 sq. Foot detached garage was constructed. It is the staffs
understanding that the building permit was issued based on the premise that the
new garage (1500 sq. feet) would be attached to the principal structure.
Therefore, maximum area would not be an issue unless it exceeded the 30%
impervious surface standard. Upon review of the permit application, it appears
that a "covered walkway" was accepted as means of "structurally" connecting the
proposed garage with the existing house.
The definition of structure has not changed since the original adoption of the
Zoning Ordinance in 1983. It reads:
Anything constructed or erected, the use of which requires a fixed
location on the ground or any attachment of something having a
fixed location on the ground, including, in addition to buildings,
billboards, carports, porches, and other building features but not
including sidewalks. drives, fences and patios.
October 23, 1996 See attached building permit application (Exhibit H).
John Craig applied for a building permit for various additions to his residence and
garages, one of which is a 12' x 25' addition to the 1500 sq. foot garage.
October 25, 1996 See attached photographs (Exhibit I).
A site inspection revealed that part of the "covered walkway" had been detached
from the principal structure. Furthermore, the covered walkway is not actually
covered. It is a trellis type fencing covering the walkway, but still open to the sky.
The applicant claims to have removed deteriorating parts of the walkway in
preparation of the construction activity.
Regardless of the removal of the "covered walkway", staffs interpretation of the
Zoning Ordinance is that the 1500 square foot garage must be structurally
attached to the principal structure (existing house) by habitable space in order to
be considered an "attached garage", and thus allowed to be expanded. A
"covered walkway" open to the sky does not warrant the 1500 square foot
garage to be considered structurally attached. An acceptable attachment would
be in the means of habitable space such as an enclosed breezeway or
residential living space.
96123pc.doc
Page 2
November 13, 1996 See attached memo (Exhibit J).
Staff memorializes discussions with the City Attorney with the conclusion being
that the 1985 permit appears to have been erroneously issued and there is no
basis to argue that the city must perpetuate the error and permit the expansion
of a use that appears unlawful.
ALTERNATIVES:
1. Recommend to the City Council that it uphold the staff interpretation of the
ordinance.
2. Recommend to the City Council that it accept the appeal and find that
expansion of the 1500 square foot garage is in compliance with City Code
provisions.
3. Defer action on this request for specific reasons.
RECOMMENDATION:
Staff recommends Alternative NO.1.
ACTION REQUIRED:
Motion and second expressing the opinion of the Planning Commission.
96123pc.doc
Page 3
EXHIBIT A
October 29, 1996
Mr. John Craig
2855 Spring Lake Road
PriorLake,~~ 55372
Re: Building Permit Application #96-636
Dear Mr. Craig,
Upon review of a recent building permit application for structural additions on your
property, the planning department has a couple of issues that need to be resolved before
we can sign off and approve your building permit. Current City Ordinances require a
certificate of survey with all improvements shown thereon, as part of the application for
building permit.
The survey you submitted is dated 11/5/85 with revisions made 3/11/96 to show asbuilt
improvements. The proposed additions appear to be drawn upon that existing survey by
someone other than the registered land surveyor who provided the original survey. In
order for the planning department to approve of your additions, the improvements
must be shown on the survey, as drawn by a registered land surveyor. This insures
that the setbacks are correct, the size of the additions are to proper scale, and the
impervious surface calculations are updated.
The proposed addition to the 50 foot by 30 foot detached garage is not permitted. The
maximum size of a detached accessory structure is 832 sq. feet, see attached ordinance
copy. Upon reviewing the history of the original permit for the construction of this
accessory structure, it became apparent that the permit was issued on the basis that it was
part of the principle structure. The city recently made a visit to the site to determine if
this was still the case. It appears that there is no structural connection/relationship
between this building and the residential dwelling (habitable structure). Therefore, we
consider this garage to be a detached structure. The existing structure is nonconforming
because it exceeds the maximum allowed square footage of accessory structures. We
cannot issue a permit that would be in direct violation of City Ordinances.
16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTt..:\ITY :::.IPLOYER
The other proposed additions to the principle structure meet the requirements of the
zoning ordinance and are thus acceptable. This is assuming that the" impervious surface
coverage on the lot with the proposed additions does not exceed 30 percent.
Please be aware that the building permits review is on hold until all issues are resolved.
If you should have any questions, you can call me or Don Rye, Planning Director at 447-
4230.
Sincerely,
~JWQA./
Planner
cc: Don Rye, Planning Director
Gary Staber, Building Official
Paul Baumgartner, Building Inspector/Plans Examiner
EXHIBIT B
November 14, 1996
Mr. John Craig
2855 Spring Lake Road
Prior Lake, MN 55372
RE: BUILDING PERMIT APPLICATION
Dear Mr. Craig:
Your building permit application, dated October 23, 1996, for a garage and house
addition has been denied for the following reasons:
1. The proposed detached garage would be over the maximum of 832 square feet per
City Code 5-5-2:(A)3.
2. A Certificate of Survey depicting the structure setback from the ordinary high water
mark (909.11).
We believe there were several portions of this project that are allowable under the
current City ordinance. If you would like to separate the various proposed additions, a
permit could be obtained for the majority of your proposed project. Please feel free to
contact me at 447-4230, Monday through Friday, 8:00 A.M. to 4:30 P.M., in regard to
your options.
Sincerely,
Paul Bau gartner
Building Inspector
CITY OF PRIOR LAKE
PB:jlp
16200 ~,(j)reek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQL:AL OPPORTL:NITY E:V1PLOYER
HUEMOEllER & BATES
ATTORNEYS AT LAW
16670 FRANKUN TRAIL
POST OFFICE BOX 67
PRIOR LAKE, MINNESOTA 55372
EXHIBIT C
JMlES O. BATES
BRYCE O. HUEMOELLER
November 26, 1996
Telephone (612) 447.2131
Telecopier (612) 447-5628
Mr. Donald R. Rye
Planning Director
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372
Re: John Craig - Building permit application #96-636
Dear Mr. Rye:
This letter is intended as John Craig's notice of appeal to the Board of
Adjustment from the denial of the above referenced building permit, contained in a
letter of November 14, 1996 from Paul Baumgartner to Mr. Craig. The ground of the
appeal is that the existing "detached" garage was properly granted a building permit in
November 1985 after consideration by both the city planner and city attorney, as an
attachment to and a part of the principal structure, namely the Craig's house, and is
therefore a conforming structure that may be expanded. I have spoken with Horst
Graser and Glenn Kessel, the city planner and city attorney in 1985, who both recalled
the case and stated to me that they made this determination after review of the proposed
plans and the applicable Prior Lake ordinances, which to my understanding have not
changed since that time. Following the principle that zoning ordinances must be strictly
construed so as to be least restrictive on the property owner's desired use, it seems to
us the city's previous interpretation of the ordinance to allow the building to be built in
1985 should be dispositive of the situation. I further note that as recently as May 1996,
Michael Leek wrote Mr. Craig approving of his proposed expansion, after consultation
with the city attorney.
Without waiving any rights to pursue the pending appeal, but in the interest of
pursuing an amicable resolution of the matter, we request that the planning, engineering
and building departments inform us of what modifications to the existing area between
the house and garage would, in the city's opinion, render the garage properly attached
to the principal structure so the proposed expansion could be constructed. Enclosed are
Mr. Donald R. Rye
Page 2
November 26, 1996
photocopied pages from the plans originally submitted to the city in applying for the
1985 permit, showing the deck with pier footings, covered in part by a trellis which is
attached to the house and garage. I am copying this letter to Jenni Tovar in the
planning department and Paul Baumgartner in the building department, and ask that if
further information is needed they contact either me or John Craig. Thank you.
James D. Bates
JDB:bj
cc: John and Denise Craig
Jenni Tovar
Paul Baumgartner
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EXHIBIT.'D "';1;1;,","~~~:'~
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CITY OF PRIOR LAKE
~
PLANNUX:; mMMISSION
MINUTES
SEPTEMBE.~ 5, 1985
The September 5, 1985 Prior Lake Planning Conunissicn meeting was called to order
by Olairman Felix at 7:30 P.M. Present were Commissioners Arnold, Loftus,
Larson, Roseth and City Planner Graser.
The :ninutes of the AUgust 15, 1985 meeting were amended as follows: paragraph
5, line 3, place a period af+;er applicant and delete "and". Motion by Loftus to
apprwe the minutes as amended, seconded by Arnold. Upon a vote taken, the
motion was duly passed.
. V' Item I, John Craig variance request for an accessory structure exceeding 800 sq.
-f\ ft. limit for 2855 Spring Lake Road.
City Planning Intern, Lee Meilleur" <XlITIlnented per memo dated 9/5/85.
John Craig c:omnented that they are stayi..'1g in compliance with the ordinance
except for the :::q. footage, which is 30' wide, 50' long building.
~trs. Craig ccmnented that the building will be aesthetically pleasing like the
house.
The Planning Commissioners had concerns over the distance from the roadway and
the size of the etructure. At this time Commissioner Loftus abstai!'ied fr.-om tr.e
Camdssion due to a business conflict \.lith the person buying the prop:::rt:;,...
Motion by Larson to deny the application for a 1500 sq. ft. accessor'J structur ~
for 2855 Spring Lake Road, since the applicant failed to show a hardship, the
structure size is beyond the code and apprwal would set" dangerous precedent,
seconded by P.rnold. Upon a vote taken, 4 aye, 1 abstention. The motion
carried.
Item II, Richard Booth request for a 1 foot side yard variance for 15214
Edgewater Circle. Mr. & Mrs. Booth were present to answer questions.
Mr. Booth commented that this is ~n addi tion onto the house and 2 areas need
snall vari.:mces.
City Planning Intern, Lee l-leilleur canmented per memo dated 9/5/85.
At thi5 time Me. Booth presented a letter frem neighOOr' s Thanas & Kathy
Schlick, 15213 Edgewater Circle NE, in favor of the variance. Exhibit "A".
(612) 447.4230 4629 DAKOTA STREET S.E. P.O. BOX 359 PRIOR LAKE, MINNESOTA 55372
"""
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EXHIBIT G
I
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CITY OF PRIOR LAKE
BUILDING PERMiT.
TEMPORARY CERnFlCATE OF ZONING COMPLIANCE
AND UnLrTY CONNECTION PERMIT Permit No.~ ~ 3
'_.c.,
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"lO<
IIIACla HUM..1l10 1 THIlU 17 MUIT I' "'LLlO IN
BI'ORI: PIRMlf IS IssueD (P'NM Ptln, 0' TVl)e and .10" I' bottom
2. SI ADO
2855 Spring Laka Rond S.W. Prior Lake. HN
3. LEGAL Dl!SCRIPTION 31 1"3081 1
PROPERfY 1.0.' - wi -
SECTION -RRINILW\KE __ LOT _J.a..4.I.~.
ADOI~ION TOWNSITE PLAf NUMBER.
., OWNER IN.mel
.,
;'\.-
,
1. DATE
11-5-85
IUlLOtNClI..'OIUlA110N
55372
II.
(":~I. 12 ~It, 30'Oeotlt, 50
12. 1'fO. OF STOAtes
(Add'....
BLOCK _It..8 _
PAACELNUM8EA 31-1J:J081-
(f.,. No.'
447- 0
fT... No.,
fiN 831-1875
fTtl. NO.1
447-2316
R~llnol.
R..1dlno 0
CIIllftney!:; Mlec__
10. CULVERT SIZE
VII No
,',
....~
13. TYPe Oil CONSTRUCTION
Cft~nt block & wood
,.. FLOOR AAIA APPoRTIONMeNT
use ()
5. AACHlfeCT (Nlme
Denn!s Hn11 u!st & ^.8oc14tftR
e. BUILDER (Nlme,
15. NUJ.:BER OF OCCUPANTS OR
SEATS
OCCUPANTS fil\....
SEATS "",ft..
16, ESTIMATED VALUE
$21.000.00
17. COMPlETION OATE
'.......1MIfr .....1.....'__ 1ft",,-*, 1ft -............ _......... _................._ _ _.1_...,." _'______
..'...-...----,_.....111__.____.....-.......______.....______.....__
I'" ...-. ...~,'...-..,.......__........---.---.......;r-....--_
"" (';J
_:t.' .'1..: 7'. II. .5 ("'~_
.....vte De,.
AO!lttlNISTRAnVE USE
MA RIAL FILED WITH A!>PUCAT/ON
'_t
saIL TESTS
"lUNa LOGS
PLANS & SPECS 0
II...
o
ENEAOVDATA 0
PERCOLAT.,JN
TEST /J
SETS
-
PROPOSED GRADE FOUNDATION
IN RELATION TO CURB OR CROWN
0' STREET
USE OF BUILOINQ~;!J.._,< L~c...~.""
-
a
O':F STREET PARK'NG_
SPACES REO.
PACES ON PLAN-,.r__.___
PERMIT VALUATlOJt~J~~ PlOT PLAN ..,
Amounl BroUOh. Forwlrd............. I
PlrIl Oed . . .. . . . .. . . . . . . .. . . . . . .. . .. " I
SIC. .. . .. . . .. . . . .. . . . . . .. .. . .. .. .. ... S
Plumblno ............................ S
Sew., Tip............. .............. 1_
Sewer HOOk-u1I .. .. .. . . . . . . .. . .. . . .. " I
W..., HOOk-up .. .. . . . . .. .. .. .. . . .. ... I
M..., Hom... ....... .... ............. S
WI'''' Met., . .. .. . .. .. . . .. . .. . .. . . . ... I
Check ., , :Sewer & WI'er Cortnec1tort Fee ....... S
ee'.rted ;WIl., Tower F....................... S
WI'" TIO. .......... ............... S
City F.. .. . .. .. .. . . .. . .. . .. . .. . .. .. .. . ~
Otllll' .. .. . .. .. .. .. .. .. .. . .. . .. .. .. . .. .
Total Due..... ............ .....
Paid ....1)1 no. /1!~ \~
Dtt, It -j.. n-- By ~
-.....--II..._-...CIIp,......~---~-",.-
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SURVEY
o
COPIES
TYPI! 0,. CONITftUCTION: I II III IV<!)
Occup"ncy GroUl! A BEl H R ~
o...-f!) , · -i. .
Parmi' F...................... ....... ~~_
Plan Check.ng Ft". . . . . . . . . . . . . . . . . . .. I
S'I', Surchlrge ..................... S /O...!:.. Q
Panllty ... . .. . " . . . . . . . . . . . . . . . . . .. " 1___
Septic Sytlam .. . . . . . .. . .. . .. . .. .. .... I.
O'h.r 's" 'b' ",", " '" .. . .. .. .. ..... .... ~ ("? ,,<:\_
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City:
.~
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Become. Your BuildIng Permit Wh..,
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DATE RECEIVED CITY OF PRIOR LAKE
BUILDING PERMIT,
TEMPORARY CERTIFICATE OF
- ';.3 ZONING COMPLIANCE
- ~
- '. AND UTILITY CONNECTION PERMIT
EXHIBIT H
1. While
2. Pink
3. Yellow
File
City
Applicanl
Permit No. BP'7t-t-3?
DIRECTIONS 1. DATE
SPACES NUMBERED 1 THRU 17 MUST BE ALLED IN //1- .;J-7(-
BEFORE PERMIT IS ISSUED (PleaSe Print or Type and sign at bottom) BUILDING INFORMATION
2. SITE A'~f.S~./ ~, . Uk ,(" SiV zo:e ' 11. SIZE OF STRUCTURE
~r; ) -.. M ' ')57) (HeIght) (Width) (Depth)
. .:J -~ 'Ui
3. LEGAL DESCRIPTION ( 12. NO. OF STORIES
LOT L 3~ BLOCK Lj ~ PI~--I '?3-o2 /- /
13. TYPE OF CONSTRUCTION
ADDITION I, . ;,./ ~ Lo.J:y /?'7,.,G"1 1,
4. OWNER . (NaaJ8) (Address) ~( (Tel. No.) ./',/' 14. FLOOR AREA APPORTIONMENT USE
,Jc~,,\ Lrf\I'4 21:(5 s:,.~,~ I..;.b. . '1"{7 - 5 .i ~.:,;>
~ (Addre~~ ' ~13).-/t1)
5. ARCHITECts:.. (Name~ ' (
" A.1.. /..04 ( at.; ( 'j.j. .s:..c ( tu, 1: f-i.<. Sf
6. BUILDER (Name) ~ (Address) (Tel. No.) 15. NUMBER OF OCCUPANTS OR SEATS
OCCUPANTS
7. TYPE OF WORK Fireplace 0 Seotic :I Deck :I Re-roofing 0 Poren 0 SEATS
New Construction 0 Alterations 0 Addition)'C Finish Attic 0 Re-siding 0 Finish Basement :I 16. PROJECT COSTNALUE
Chimney 0 Misc. /~ C-7, ?'c/~ C'
8. PROPERTY AREA OR ACRES 19. PROPERTY DIMENSIONS 110. CULVERT SIZE 17. COMPLETION DATE
Sq. Fl Width Depth Yes No /Iff/;:.' t.. 71
I hereby certify that I have furnished information on this application which is to the best of my knowledge true and correct. I also certify that I am the owner or authorized agent for
the above mentioned property and that all construction will conform to all eXIsting state and local laws and will proceed in accoroance with submitted plans. I am aware that the
~tz: ~ reVOKWth~rmit for ~t cause. Funhermore, I hereby agree that the city oHicial or a designee may enter upon the property to perforTl! needed inspections.
X ~;. Jr iA ... - /{; - '- .\ -9 i
I Signalure ; J License No. Dale ~
FOR ADMINISTRATIVE USE
SETBACKS: Required MATERIAL FILED WITH APPLICATION
Actual SOIL TESTS 0 ENERGY DATA 0
Front BaCl< Side Sioe
BUILDING DEPARTMENT VALUATION OFF STREET PARKING PILING LOGS a PERCOLATION TESTS 0
SPACES REO. PLANS & SPECS 0 SETS
USE OF BUILDING SURVEY 0 COPIES
SPACES ON PLAN
PERMIT VALUATION PLOT PLAN :I
TYPE OF CONSTRUCTION: I II III IV V City: Amount Brought Forwaro .................. $
Occupancy Group A B E F H I M R S U Park Support Fee ........................... $
DrvlslOn , 2 3 4 SAC ..... ............................. ....... $
Perm~ Fee ................................... $ Collector Street Fee ....................... $
Plan Checking Fee ......................... $ Sewer Tap ................................... $
License Check Fee ......................... $
State Surcharge ............................. $ Pressure Reducer .......................... $
Penalty ......................... .............. $ Meter Hom ................................... $
Septic System ............................... $ Water Meter ................................. $
Other......................................... $ Sewer & Water Connection Fee ........... $
Water Tower Fee ........................... $
Subtotal............................... $ Water Tap ................................... $
This Application Becomes Your Building Permit When Approved. Builder's Deposit ............................ $
By Date Other.. ............... ........................ $
Cerlificate of Occupancy Total Due .............................. $
Paid Receiot No.
Issued
Date By
This is to certify tI1at the request in the above application and accompanying documents is in accordance with the City Zoning Ordinance and may proceed as requested. This document when
signed by the CIty Planner constitutes a temporary Certificate of Zoning compliance and aHows construClion to commence. Before occupancy, a Certificate of Occupancy must be issUed.
City Planner Dele Special Conditions if any
24 hour notice for all inspections 447-4230
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PROPOSED
ADDITIONS
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EXHIBIT J
Memoran um
.
.
Date: November 13, 1996
To: Don Rye, Planning Director
Suesan Lea Pace, City Attorney
John Craig File
From: Jenni Tovar, Planner ~
Subject: Summary of conversation with Suesan Lea Pace (11/13/96)
regarding the interpretation and legalities of proposed
additions.
The following conclusions are in respect to Building Permit application #96-636 from
John Craig.
1. The new attached garage appears to meet setback requirements (exact setbacks not
indicated on survey). Subject to reviewing a survey from the applicant and assuming
all setback requirements are met, , the conversion of the existing attached garage into
living space (exercise room) is acceptable. The new entry way appears to be
acceptable. The exact setback for the entryway are not on the survey.
2. The proposed spa room (NE of existing attached garage) must be setback a minimum
of 50 feet from the OHWL which is 909.11 EL. A variance was granted for in 1978
(case V AI978-0004) from the 75 foot OHWL setback. The revised survey must
indicate this.
3. The proposed addition to the detached garage (50 by 30 foot garage) is an expansion
of a use that appear illegal. City code permits an 832 sq. foot detached garage and the
applicants garage is 1500 sq. Feet. The applicant was denied a variance to construct a
1500 sq. Foot detached garage (case V A85-18). The applicant appears to have been
issued a building permit erroneously, and thus the building was illegally built. The
city does not have to perpetuate the mistake. Because the structure appears to have
never been legal to begin with (never attached to the principle structure with a
structure meeting the definition of structure), it cannot be expanded.
EXHIBIT I
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
6B
CONSIDER CONDITIONAL SIGN PERMIT FOR
ST. PAUL'S LUTHERAN CHURCH AND SCHOOL
5634 LUTHER DRIVE
JENNI TOVAR
JANE KANSIER
_ YES -LNO-N/A
DECEMBER 9, 1996
SITE:
PRESENTER:
REVIEWED BY:
PUBLIC HEARING:
DATE:
INTRODUCTION:
An application for a conditional sign permit, has been submitted for consideration by the
Planning Commission. The applicant, St. Paul's Lutheran Church and School, requests a
conditional sign permit in order to locate an illuminated sign within the R-I, Suburban
Residential Zoning District. The proposal is to construct a 12' x 8' monument sign
which has external lighting. The sign is to be located approximately 10 feet from the
property line along T.H. 13 and 44 feet from Luther Drive. The proposed sign consists of
brick and concrete block. See attached exhibits for drawings.
BACKGROUND:
As of the spring of 1996, St. Paul's Lutheran Church had an illuminated sign located on
the top of the hill facing T.H. 13. A storm destroyed that sign. The proposed sign is a
replacement sign located on the hill facing T.H. 13.
DISCUSSION:
Section 7.6 of the Zoning Ordinance states that illuminated signs in the A-I, C-I and
Residential Zoning Districts require a conditional sign permit. The ordinance reads:
(C) Illuminated Signs: Illuminated signs may be allowed in agricultural,
conservation and residential zoning districts. Such signs shall be illuminated only
by steady, stationary, shielded light sources directed solely at the sign, or internal
to it, without causing glare for motorists, pedestrians, or neighboring property.
The lighting will be stationary and steady and directed solely at the sign. The sign is one
sided with the hill located directly behind it. Any light shining on the sign will be
16200 EiI~9f~~~eek Ave. S.E., Prior Lake, Minnesota 55:r72-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
directed at the sign, with the hill behind it, so as not to shine, glare or illuminate a
residence, the right of way or even the church itself.
ALTERNATIVES
1. Approve the Conditional Sign Permit as requested by the applicant.
2. Table or continue discussion of the item for a specific purpose.
3. Deny the application because the Planning Commission finds that the applicant has
not met the conditions under the sign ordinance criteria.
RECOMMENDATION:
Alternative # 1. The proposed sign meets the conditions of the Sign Code, and does not
have an adverse effect upon adjacent properties or traffic..
ACTION REQillRED:
A motion to adopt Resolution 96-37PC approving the Conditional Sign Permit to allow
the construction of a 12' x 8' illuminated monument sign at 5634 Luther Road as
proposed.
.CU9S02PC"
2
RESOLUTION 96-37PC
A RESOLUTION GRANTING A CONDITIONAL SIGN PERMIT TO PERMIT
AN ILLUMINATED MONUMENT SIGN IN A RESIDENTIAL ZONING
DISTRICT ON PROPERTY LOCATED AT 5634 LUTHER ROAD
FOR ST. PAUL'S LUTHERAN CHURCH AND SCHOOL
WHEREAS, St. Paul's Lutheran Church and School has applied for a Conditional
Sign Permit as required by Section 7.6 of the Zoning Ordinance in order to permit an
illuminated sign in a residential zoning district on property located in the R-l (Suburban
Residential) District at the following location, to wit:
5634 Luther Road, legally described as Tract B, R.L.S. No. 72; and
WHEREAS, the Planning Commission has reviewed the application for
conditional sign permit as contained in Case #96-122 and held hearings thereon on
December 9, 1996; and
WHEREAS, the Planning Commission has considered the effect of the proposed
sign upon the property in the surrounding area and the effect of the proposed sign on
traffic; and
WHEREAS, 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 sign
will not danger to the public safety, have a negative impact on surrounding property or
traffic, and unreasonably diminish or impair health, safety, comfort, morals or in any
other respect be contrary to the Zoning Ordinance; and
WHEREAS, the contents of Planning Case 96-122 are hereby entered into and
made a part of the public record and the record of decision for this case. Pursuant to
Section 5-7-16 of the Ordinance Code the sign permit will be deemed to be null and void
six (6) months from the date of approval if the holder of the sign permit has failed to
complete the contemplated improvements.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
NOW, THEREFORE, BE IT RESOLVED BY the Planning Commission of the City
of Prior Lake, Minnesota:
A conditional sign permit is granted to permit the construction of an illuminated sign in a
residential zoning district for St. Paul's Lutheran Church and School as proposed in
Exhibit A (the site plan submitted with the conditional sign permit application contained
in Case file 96-122), attached to and made a part of the resolution.
Adopted by the Board of Adjustment on December 9, 1996.
William Criego, Chair
ATTEST:
Donald R. Rye, Planning Director
1:\96var\96114va\res9636.doc
2
NOTICE OF HEARING FOR CONDITIONAL USE PERMIT
You are hereby notified that the Prior Lake Planning Commission will hold a hearing at
Prior Lake Fire Station #1, located at 16776 Fish Point Road, SE (Southwest of the
intersection of CR. 21 and Fish Point Road), on: Monday, December 9, 1996 at 7:00
p.m.
APPLICANT:
St. Paul's Lutheran Church and School
5634 Luther Road
St. Paul, MN 55104
SUBJECT SITE:
St. Paul's Lutheran Church
5634 Luther Road
Legally described as: Tract B, R.L.S. No, 72.
REQUEST:
The applicant proposes to construct a 12' by 8' illuminated
monument sign facing the west on the east side of TH. 13.
The proposed sign requires a Conditional Use Permit under the
Prior Lake Sign Ordinance.
If you are interested in this issue, you should attend this hearing. The Planning
Commission will accept oral and/or written comments. 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.
Jenni Tovar
Planner
City of Prior Lake
Date Mailed: November 26, 1996
96-120PN.DOC
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 I Ph. (612) 447-4230 I Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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PLANNING REPORT
AGENDA ITEM:
SUBJECT:
SITE:
PRESENTER:
PUBLIC HEARING:
DATE:
6C
CONSIDER CONDITIONAL SIGN PERMIT FOR
FAIRVIEW CLINIC
4151 WlllOWWOOD STREET
JANE KANSIER, PLANNING COORDINATOR r?k--
_ YES --LNO-N/A ..."J
DECEMBER 9, 1996
INTRODUCTION:
Universal Signs has submitted an application for a conditional sign permit on
behalf of Fairview Clinic. The applicant requests a conditional sign permit in
order to construct a 47 square foot illuminated wall business sign above the east
entrance of the building where it faces Five Hawks Avenue and TH 13. The
proposed sign is 3'1" by 15'9" and is constructed of vinyl graphics with an
aluminum panel. See the attached exhibits for the size and specifications of the
sign.
BACKGROUND:
In February, 1995, the Council approved a conditional use permit for the
construction and operation of a medical clinic (Fairview Clinic) in the R-1 district
on the property located at 4151 Willowwood Street SE. There were no signs
approved as a part of the conditional use permit. In September, 1995, the
Planning Commission approved a conditional sign permit to allow a freestanding
sign at the intersection of TH 13 and Five Hawks Avenue. That sign has never
been constructed. At this time, the applicant is requesting a conditional sign
permit to allow an illuminated wall business sign above the east entrance of the
building.
DISCUSSION:
Section 5-7-6 (C) of the City Ordinance states illuminated signs in the A-1, C-1
and Residential Zoning Districts require a conditional sign permit. The ordinance
reads:
(C) Illuminated Signs: Illuminated signs may be allowed in agricultural,
conservation and residential zoning districts. Such signs shall be
96-102PC.DOC Page 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
illuminated only by steady, stationary, shielded light sources directed
solely at the sign, or internal to it, without causing glare for motorists,
pedestrians,orne~hboringproperly.
Furthermore, Section 5-7-6 (G) requires a conditional sign permit for any signs
accessory to a conditional use. This section reads, in part, as follows:
(G) Signs Accessory to Conditional Uses: Signs for uses which are
classified as conditional uses by the Zoning Ordinance and are located
in a residential zoning district, may have sign(s) provided the total
number and area of said sign(s) do not exceed maximum standards for
the B-1, Limited Business Zoning District identified in Section 5-7-7 of
this Chapter. The Planning Commission may assign conditions of
approval and limit the size, number, location and type of signage in the
event it determines the proposed sign(s) are not compatible with the
existing and planned development in the vicinity of the subject site and
underlying zoning district.
The proposed sign is well below the maximum area permitted by the ordinance.
This sign is also internally lit and is directed away from any of the adjacent
residential areas.
ALTERNATIVES
1. Approve the Conditional Sign Permit as requested by the applicant.
2. Table or continue discussion of the item for a specific purpose.
3. Deny the application because the Planning Commission finds that the
applicant has not met the conditions under the sign ordinance criteria.
RECOMMENDATION:
Alternative #1. The proposed sign meets the conditions of the Ordinance, and
does not have an adverse effect upon adjacent properties or traffic..
ACTION REQUIRED:
A motion to adopt Resolution 96-39PC approving the Conditional Sign Permit to
allow the construction of a 3' 1" by 15' 9" illuminated wall business sign at 4151
Willowwood Street SE as shown on the attached plan.
96-102PC.DOC
Page 2
RESOLUTION 96-39PC
A RESOLUTION GRANTING A CONDITIONAL SIGN PERMIT TO PERMIT
AN ILLUMINATED WALL BUSINESS SIGN IN A RESIDENTIAL ZONING
DISTRICT AND AS A SIGN ACCESSORY TO A CONDITIONAL USE PERMIT
(FAIRVIEW MEDICAL CLINIC) ON PROPERTY LOCATED AT 4151
WILLOWWOODSTREET
WHEREAS, Universal Signs, on behalf of Fairview Clinic, has applied for a
Conditional Sign Permit as required by Section 5-7-6 of the City Ordinance in order to
permit an illuminated sign in a residential zoning district as an accessory use to a
conditional use permit on property located in the R-I (Suburban Residential) District at
the following location, to wit:
4151 Willowwood Street, legally described as Lots 1-3, Block 2; Second
Addition to Westbury Ponds, and
WHEREAS, the Planning Commission has reviewed the application for
conditional sign permit as contained in Case File #96-102 and held hearings thereon on
December 9, 1996; and
WHEREAS, the Planning Commission has considered the effect of the proposed
sign upon the property in the surrounding area and the effect of the proposed sign on
traffic; and
WHEREAS, 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 sign
will not danger to the public safety, have a negative impact on surrounding property or
traffic, and unreasonably diminish or impair health, safety, comfort, morals or in any
other respect be contrary to the Zoning Ordinance; and
WHEREAS, the contents of Planning Case 96-102 are hereby entered into and
made a part of the public record and the record of decision for this case. Pursuant to
Section 5-7-16 of the Ordinance, the sign permit will be deemed to be null and void six
(6) months from the date of approval if the holder of the sign permit has failed to
complete the contemplated improvements.
NOW, THEREFORE, BE IT RESOLVED BY the Planning Commission of the City
of Prior Lake, Minnesota:
1:\96cup\96-102cu\res9639.doc Page 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
A conditional sign permit is granted to permit the construction of an illuminated sign in a
residential zoning district as an accessory use to the conditional use permit for the
Fairview Clinic as proposed in Exhibit A (the site plan submitted with the conditional
sign permit application contained in Case file 96-102), attached to and made a part of the
resolution.
Adopted by the Planning Commission on December 9, 1996.
William Criego, Chair
ATTEST:
Donald R. Rye, Planning Director
1:\96cup\96-102cu\res9639.doc
Page 2
EXHIBIT A
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NOTICE OF HEARING FOR CONDITIONAL USE PERMIT
You are hereby notified that the Prior Lake Planning Commission will hold a hearing at
Prior Lake Fire Station #1, located at 16776 Fish Point Road, SE (Southwest of the
intersection of CR. 21 and Fish Point Road), on: Monday, December 9, 1996 at 7:00
p.m.
APPLICANT:
Universal Signs
Rick Palmateer, President
1033 Thomas Avenue
St. Paul, MN 55104
PROPERTY
OWNER:
Fairview Hospital and Healthcare Services
2312 South Sixth Street
Minneapolis, MN 55454
SUBJECT SITE:
Fairview Clinic
4151 Willowwood Street SE
Lots 1-3, Block 2, Second Addition to Westbury Ponds
REQUEST:
The applicant proposes to construct a 3'-1" by 15'-9" illuminated
wall business sign above the east entrance of the building were it
faces Five Hawks Avenue and TH 13.
The proposed sign requires a Conditional Use Permit under the
Prior Lake Sign Ordinance. The site was granted a conditional
use permit in 1995 to construct and operate a medical clinic in the
R-1 district. The proposed sign is an addition to the existing
building.
If you are interested in this issue, you should attend this hearing. The Planning
Commission will accept oral and/or written comments. 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.
Jane Kansier
Planning Coordinator
City of Prior Lake
Date Mailed: November 26, 1996
96102PN.DOC
16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
City of Prior Lake
APPLICATION FOR SIGN
D ~ @ lli O~ @ Irm~!1 White-Applicant
':1' II Yellow-City
\~, " - 'N"'!:: ,II 'I
;~t). _:).=0
MIT :l0' /J
erm t No. v7~ - / tJd--
2. APPLICANT: (NAME)
(ADDRESS)
1. PARCEL NO. OF PROPERTY:
~ 5- coq - OQ~- D $- 3 -bit-
~ 5 - 30~ - 00 0 - D
(PHONE)
DIRECTIONS: Spaces numbered I thru 10 must be filled in before permit is issued
(Please print or type, and sign where required
Universal Signs, Inv., 1033 Thomas Avenue, St. Paul, MN 55104 612-645-0223
3. OWNER: (NAME) (ADDRESS) (PHONE)
Fairview Hospital, 2450 Riverside Ave. 612-672-6300
.t SITE ADDRESS OR LOCATION OF SIGN (PHONE)
Fairview Clinic, 4151 Willowood St. S.E.
5. TYPE OF SIGN: TEMPORARY (':1 Dr! Y J1AX1JlUM D1SPLrI y) E~' N ." ALUMr!RQUEE/r! WN1NG/FREESTr!ND1NG)
Balloon. Banner~Cf'angeable Copy Signs.Constrllction Signs lluminated Sians nstitutional Signs'*Lake Service Signs.
11111ltiple Residential Nameplate Signs.On-Premise Directional Signs .Permanent Window Sign. Portable Sign .Subdivisioll Identification Signs
11. Completion Date
10. Estimated Value of Sign
$3,000.00
12-31-96
6. SIGN DIMENSIONS
(square feet) (Height)
47 31-111
7. TYPE OF CONSTRUCTION
Aluminum and fabric
8. PROPOSED DISPLA Y DATES (if applicable)
(Width)
(Depth)
151-911
1011
SIGN PERMITS WILL NOT BE PROCESSED IF THEY ARE INCOMPLETE
FOR ADMINISTRATIVE L:SE
SUBMISSION REQUIREMENTS
_ Completed Application
_ Scale Drawing showing location of sign
_ Plans and Specs
_ Permit Fee S (Permit fee is set
at time of application according to approved schedule)
This Application becomes your Sign Permit when approved.
By
City Planner or designee
Dale
This is to certify that the request in the above application and accompanying documents is in accordance with the City Sign Ordinance and may proceed as
requested. This document, when signed by the City Planner or designee constitutes a temporary Certificate of Zoning compliance and allows construction to
commence.
Special Conditions
24 Hour Notice for All Inspections
44i-4230 from 9:00 a.m. - 10:00 a.m.