HomeMy WebLinkAbout96-017 Tremaine Variance
i
File No. 96-017
STATE OF MINNESOTA)
)ss.
COUNTY OF SCOTT )
The undersigned, duly qualified and ~. City Manager of the City of Prior Lake,
hereby certifies the attached hereto is a true and correct copy of the original.
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Resolution 96-11 PC
on file in the office of the City Planner, City of Prior Lake.
Frank Boyes
City M~/
Dated this ~[rdaY ofVi;Lii.l
,1996.
(City Seal)
16200 ~~~oC'~C{& Ave. S.E., Prior Lake. Minnesota ~~2-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
--
. j
RESOLUTION 9611PC
A RESOLUTION GRANTING THE FOLLOWING VARIANCES;
1. A 2,302 SQUARE FOOT VARIANCE TO PERMIT A LOT AREA OF 5,198
SQUARE FEET INSTEAD OF THE REQUIRED 7,500 SQUARE FEET;
2. A 7% VARIANCE TO PERMIT IMPERVIOUS SURF ACE COVERAGE
OF 37% INSTEAD OF THE PERMITTED 30%;
3. A 9.25 FOOT FRONT YARD SETBACK VARIANCE TO PERMIT A
SETBACK OF 15.75 FEET INSTEAD OF THE REQUIRED 25 FEET;
4. AND A 2 FOOT VARIANCE ON THE WEST TO PERMIT A SIDE YARD
SETBACK OF 8 FEET INSTEAD OF THE REQUIRED 10 FEET;
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ALL RELATED TO THE CONSTRUCTION OF A NEW HOUSE ON PROPERTY
LOCATED AT 16500 INGUADONA BEACH CIRCLE, LEGALLY DESCRIBED AS
LOT 18, INGUADONA BEACH,
SCOTT COUNTY, MINNESOTA.
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Gene and Coleen Tremaine have applied for variances from Sections 4 and 9 of
the Zoning Ordinance in order to permit the construction of a new house with
attached garage on property located in the RI-Urb.an Residential and SD-
Shoreland Districts at the following location, to wit;
16500 Inguadona Beach, legally described as Lot 18, Inguadona Beach,
Scott County, Minnesota.
2. The Board of Adjustment has reviewed the application for variance as contained
in Case 96-017V A and held a hearing thereon on March 25, 1996.
3. The Board of Adjustment has considered the effect of the proposed variances
upon the health, safety, and welfare of the community, the existing and
anticipated traffic conditions, light and air, danger of fire, risk to the public
safety, the effect 011 property values in the surrounding area and the effect of the
proposed variances on the Comprehensive Plan.
16200 ~8g!~~lAve. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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4. Because of conditions on the subject property and on the surrounding property, it
is possible to use the subject property in such a way that the proposed variance
will not result in the impairment of an adequate supply of light and air to
adjacent properties, unreasonably increase congestion in the public streets,
increase the danger of tire, 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 which the
Board of Adjustment relied upon are; 1) its small size, 2) its narrowness, 3) the
association property adjacent to the subject site functions as if it were a part of
the subject site for purposes of impervious surface coverage.
6.
The granting of the variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant. The variance will not serve merely as
a convenience to the applicants, but is necessary to alleviate demonstrable
hardship.
.. -
7. The contents of Planning Case 96-017 A are hereby entered into and made a part
of the public record and the record of decision for this case. Pursuant to Section
5-6-8 of the Ordinance Code the variance will be deemed to be abandoned,
and thus will be null and void one (1) year from the date of approval if the holder
of the variance has failed to obtain any necessary, required or appropriate permits
for the completion of contemplated improvements.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby grants and
approves the following variances;
1. A 2,302 SQUARE FOOT VARIANCE TO PERMIT A LOT AREA OF 5,198
SQUARE FEET INSTEAD OF THE REQUIRED 7,500 SQUARE FEET;
2. A 7% VARIANCE TO PERMIT IMPERVIOUS SURFACE COVERAGE
OF 37% INSTEAD OF THE PERMITTED 30%;
3. A 9.25 FOOT FRONT YARD SETBACK VARIANCE TO PERMIT A
SETBACK OF 15.75 FEET INSTEAD OF THE REQUIRED 25 FEET; .
4. AND A 2 FOOT VARIANCE ON THE WEST TO PERMIT A SIDE YARD
SETBACK OF 8 FEET INSTEAD OF THE REQUIRED 10 FEET;
Adopted by the Board of Adjustment on April 8, 1996.
l:~~ *Jili1
9611.DOC/RML
2
9611.DOC/RML
Richard Kuykendall, Chair
'. ....
3
SITE:
PRESENTER:
REVIEWED BY:
PUBLIC HEARING:
DATE:
4E
CONSIDER LOT AREA; LAKESHORE,
FRONT, SIDE AND LAKE SHORE
SETBACK; AND IMPERVIOUS SURFACE
VARIANCES FOR GENE AND COLEEN
TREMAINE
16500 INGUADONA BEACH CIRCLE SW
R. MICHAEL LEEK, CITY PLANNER
DONALD R. RYE, PLANNING DIRECTOR
YES .L NO
MARCH 25, 1996
AGENDA ITEM:
SUBJECT:
INTRODUCTION:
The Planning Department received a variance application from Gene and Co1een
Tremaine, who propose to construct a new house on the subject site. Construction of the
house would result in the following variances and setbacks;
1. A 2,302 square foot variance to permit a lot area of 5,198 square feet instead
of the required 7,500 square feet;
2. A 2 foot lake shore setback variance to permit a lakeshore setback of 48 feet
instead of the 50 feet permitted under Section 9.3(D)2;
3. A 7% variance to permit impervious surface coverage of 37% instead of the
permitted 30%
4. A 14 foot variance to permit a front yard setback of 11 feet instead of the
required 25 feet; and
5. A 2 foot variance on the West to permit a side yard setback of 8 feet instead of
the required 10 feet
DISCUSSION:
The subject site was platted as a part ofINGUADONA BEACH in 1924, prior to its .
being annexed into the City of Prior Lake. Like many properties in this area the subject
site was developed with a seasonal cabin. The applicants propose to remove the cabin
and construct a new, single-family house with deck on the lake side. The proposed plan
does not include a garage.
Section 4.1 (C) and Section 9.12(B) contain at least a tacit assumption that lots of record
are developable after application for and apprvval of appropriate variances. Given this
9617V APC.DOC/RML
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
assumption, lot area variances are routinely granted except in those cases where the
applicant owns contiguous property which can be combined with the subject site to
improve compliance with the Ordinance. In this case the applicant does not own
contiguous property. Thus, it would be appropriate to grant a lot area variance in this
case.
Section 9.3(D)2 permits new structures on undeveloped lots to have a lakeshore setback
equal to the average setback of the existing structures on the adjacent properties or a
setback of 50', whichever is greatest. In those cases where an existing structure is first
being removed, the City has in the past deemed the site undeveloped, and applied setback
averaging. Because the average of the setbacks in this case is less than 50', the 50'
setback would apply. The additional variance requested by the applicants is relatively
minor, but as is pointed out in the letter dated March 13, 1996, from Pat Lynch of the
DNR, minor modification of the deck could abrogate the need for this variance and still
result in an eminently useable deck.
Because the area of the lot is only 5,198.33 square feet and the proposed impervious
surface is 1,947 square feet, a 7% variance is technically required. However, in those
cases where a subject site abuts association land which is available only to the subject site
for a dock it is functionally appropriate to consider that area as part of the lot area. Doing
so in this case would result in impervious surface coverage of only 27%. Thus, in this
case it appears that the requested impervious surface coverage variance is reasonable. As
mentioned above the current plan does not include a garage. Using the functional
analysis, there would not be sufficient margin to permit the future construction of a 2-car
garage, although a I-car garage could be accommodated, but not without additional
setback variances.
Section 9.12(B)I(a)1O permits a substandard lot of record to have one 5' side yard
setback in certain circumstances. This provision does not apply in the present case
because the applicants' proposed house would encroach in other required setbacks.
Moreover, in this case it appears that the applicants might be able to mitigate the
requested side yard setback by shifting the structure 2' to the East. Similarly, the front
yard setback could be increased by looking at some design options. For example the
"deck" could be replaced by a "stoop" which is not subject to the setback requirement, or
the structure itself shortened somewhat and widened.
Variance Hardship Standards:
1. Literal enforcement of the Ordinance would result in undue hardship with
respect to the property.
Because of its small lot area and narrow width, literal enforcement of the area and
impervious surface coverage provisions would severely limit the applicants ability to
make reasonable use of the subject site, and would thus result in undue hardship.
9617V APC.DOC/RML
2
However, with respect to the side yard and lake shore setback requirements, legal
alternatives appear to exist. Thus, with respect to those requests this criteria is not met.
2. Such unnecessary hardship results because of circumstances unique to the
property.
The hardship with respect to lot area and impervious surface coverage relates to the size
and configuration of the site. In this regard this criterion is met. Because staffhas
concluded that there is no undue or unnecessary hardship with respect to side and
lakeshore yard setbacks, 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.
With respect to lot area and limitation on impervious surface coverage, the hardship
relates to the lot size and width, which were established before the property was even
within the City limits. Any hardship related to the side yard and lake shore yard results
not from the application of the provisions of the Ordinance, but from design decisions
made by the applicants. Thus, this criterion is not met with respect to these requests.
4. The variance observes the spirit and intent of this Ordinance, produces
substantial justice and is not contrary to the public interest.
The proposed house would result in a structure not inconsistent with other houses in the
area. Thus, it does not appear that the requested variances would be contrary to the
public interest.
ALTERNATIVES:
1. Approve the variances 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 code criteria.
RECOMMENDATION:
Because staff has concluded that the criteria are met with respect to the lot area,
impervious surface coverage, and perhaps front yard setback, but not with respect to the
requested lake shore and side yard setback variances, staff recommends the request be
tabled to allow the applicant to consider alternative designs.
9617V APC.DOC/RML
3
ACTION REQUIRED:
A motion to either table the matter to allow the applicants to examine other design
alternatives, or a motion directing staff to prepare findings consistent with the
Commission's decision.
9617V APC.DOC/RML
4
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pmt ~ S() 9.5"a Ira
CITY OF PRIOR LAKE
APPLICATION FOR VARIANCE
Hane Phone: ~Y~-.r"'c:=' y
Work Phone: j ~~ ~ .? 9.:2 9
Home Phone:
Work Phone:
Purchase Agreanent CJ IN.I./
Phone:
..c>Applicant: (;. ~~ ~ ". ~G /t!!'".,jOo ~ ~..- -;...~
Address: IL' r~1!:} 1;,.,1,;. d_M_ H,-_... il ~.';.,,- /... .rM;
Property ONner: 6-".... ~ .; ~d I, ~... 7,. II!!........ ,'".., ...
=~~:~~;ship~-~~- d,,_. Dc;~t~acf,',..d.. fH/
Consul tant/Contractor:
/l e t'"" c/e~ ~... /
Present Zoning:
,
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Describe the type of improvements proposed:
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SUBMISSION RmUIREMENl'S:
r&, (A)COmpleted application form. (B)Filing fee. (C)Property SUrvey indicating the
~: proposed developnent in relation to property lines and/or ordinary-high-water mark;
r. "t\~(f'proposed building elevations and drainage plan. (D)Certified fran abstract firm,
\)t I names and addresses of property owners within 100 feet of the exterior boundaries of
the subject property. (E)Complete legal description & Property Identification Number
(pm). (F)Deed restrictions or privat~ covenants, if applicable. (G)A parcel map
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 RMEWED BY THE PLANNI~ <:n1MISSION.
To the best of my knowledge the information presented on this form is correct. In
addition, I have read Section 7.6 of the Prior Lake Zoning Ordinance which specifies
requiranents for variance procedures. I agree to provide information and follow the
procedures as outlined in the Ordinance. =--
~~.J~. ~
Applicants Signature
SUbmitted this ;;. 7 day of h.~.....?
197.('
~_....
Fee ONners Signature
THIS SPACE IS '10 BE FILLED OUT BY THE PLANNIN; DIREX:TOR
PLANNING <X>MMISSION
CITY COmOL APPEAL
APPROVED
APPROVED
DENIED
DENIED
DATE OF HFARI~
DA.TE OF HFARnI;
CDNDITIONS:
Signature of the Planning Director
Date
,r
96-017VA
PETERS, PRICE & SAMSON
LAND SURVEYORS, LTD.
12400 PRINCETON AVENUE SOUTH, SAVAGE, MINNESOTA 55378
612-890-9201 · FAX 612-890-6569
Certificate Of Survey For GENE AND _COLEEN _TREMAINE
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<0 ' 922.1
Drill' 30"e-(M
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\ edge ~f bi,.
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DESCRIPTION
LOT 18
~ }))? INGUADONA BEACH
....,~ ~O)? SCOTT COUNTY, MINNESOTA
....'i~~ ~90< L..4 ~
........_~~<) ~e-
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t.
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I" = 30'
AREAS
LOT 18 = 5,198.33 Sq. Ft.
, ....
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Association Land =
2,066:f:: Sq. Ft.
Total Hard Surface =
1,947 Sq. Ft.
(Per pwned
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LOWEST FLOOR = 9/2.33
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of cone.
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o Denotes Iron Monument Set
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9/8.9 Denotes Existing Elevation
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!lEV/SCD 9- 2/-95; .f!E.VIsd> Z-Z3 -9"-)
We hereby certify that this is a true and correct representation of a survey of the boundaries of the above described land. and of the location of all
buildings thereon, and all v~h encroachments, if any. from or on said la~ /J ~ L:J../)
As surveyed by us this 7_ day~.e):J.f. 1995 ~~c7C'~ L.S.
. / Minnesota License No. /4C3 90
NOTICE OF HEARING FOR THE FOLLOWING VARIANCES;
1. A 2,302 SQUARE FOOT VARIANCE TO PERMIT A LOT AREA OF
5,198 SQUARE FEET INSTEAD OF THE REQUIRED 7,500 SQUARE
FEET;
2. A 2 FOOT LAKE SHORE SETBACK VARIANCE TO PERMIT A
LAKE SHORE SETBACK OF 48 FEET INSTEAD OF THE 50 FEET
PERMITTED UNDER ZONING ORDINANCE SECTION 9.3(D)2;
3. A 7% VARIANCE TO PERMIT IMPERVIOUS SURFACE
COVERAGE OF 37% INSTEAD OF THE PERMITTED 30%;
4. A 14.0 FOOT FRONT YARD SETBACK VARIANCE TO PERMIT A
SETBACK OF 11 FEET INSTEAD OF THE REQUIRED 25 FEET;
5. AND A 2 FOOT VARIANCE ON THE WEST TO PERMIT A SIDE
YARD SETBACK OF 8 FEET INSTEAD OF THE REQUIRED 10
FEET;
ALL RELATED TO THE CONSTRUCTION OF A NEW HOUSE ON
PROPERTY LOCATED IN THE RI-SUBURBAN RESIDENTIAL
AND SD-SHORELAND DISTRICTS
You are hereby notified that the Prior Lake Planning Commission will hold a hearing at
Prior Lake Fire Station #1, located at 16776 Fish Point Road SE (Southwest of the
intersection of C.R. 21 and Fish Point Road), on: Monday, March 25, 1996, at 7:00
p.m. or as soon thereafter as possible.
APPLICANT: Gene and Coleen Tremaine
16500 Inguadona Beach Circle SW
Prior Lake, Minnesota 55372
SUBJECT SITE: Lot 18, Inguadona Beach, Scott County, Minnesota, also known as
16500 Inguadona Beach Circle SW.
REQUEST: The applicant proposes the construction of a new house on the
subject property. The proposed construction will result in the
following requested variances;
1. A 2,302 SQUARE FOOT VARIANCE TO PERMIT A LOT
AREA OF 5,198 SQUARE FEET INSTEAD OF THE
REQUIRED 7,500 SQUARE FEET;
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 j Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
2. A 2 FOOT LAKESHORE SETBACK VARIANCE TO
PERMIT A LAKESHORE SETBACK OF 48 FEET
INSTEAD OF THE 50 FEET PERMITTED UNDER
ZONING ORDINANCE SECTION 9.3(D)2;
3. A 7% VARIANCE TO PERMIT IMPERVIOUS SURFACE
COVERAGE OF 37% INSTEAD OF THE PERMITTED
30%;
4. A 14.0 FOOT FRONT YARD SETBACK VARIANCE TO
PERMIT A SETBACK OF 11 FEET INSTEAD OF THE
REQUIRED 25 FEET;
5. AND A 2 FOOT VARIANCE ON THE WEST TO PERMIT A
SIDE YARD SETBACK OF 8 FEET INSTEAD OF THE
REQUIRED 10 FEET;
The Planning Commission will review the proposed construction and requested variance
against the following criteria found in the Zoning Ordinance.
1. Literal enforcement of the Ordinance would result in undue hardship with
respect to the property.
2. Such unnecessary hardship results because of circumstances unique to the
property.
3. The hardship is caused by provisions of the Ordinance and is not the result of
actions of persons presently having an interest in the property.
4. The variance observes the spirit and intent of this Ordinance, produces
substantial justice and is not contrary to the public interest.
If you are interested in this issue, you should attend the hearing. Questions related to this
hearing should be directed to the Prior Lake Planning Department by calling 447-4230
between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. The Planning
Commission will accept oral and/or written comments. Oral or written comments should
relate to how the proposed construction and requested variances are or are not consistent
with the above-listed criteria.
Prior Lake Planning Commission
Date Mailed: March 7, 1996.
2
~INJ~~@U~ . .
~'oES;:T~T:ENT OF NATURAL RESOURCES
Division of Waters , 1200 Warner Road, St Paul,:MN 55106
FILE NO.
PHONE N772-7910
March 13, 1996
Mr. Michael Leek
City of Prior Lake
16200 Eagle Creek Avenue S.E.
Prior Lake, Minnesota 55372
RE: VARIANCE REQUESTS, HOWARD LAKE (ScHIFFMAN) AND PRIOR LAKE (TREMAINE)
Dear Mr. Leek:
I have reviewed the materials sent to me :relative to the two subject variance requests which will be considered at the March 25, 1996
Planning commission meeting. I offer the following comments for consideration at that meeting.
SCmFFMAN V ARIANCE- HOWARD I.AKE
This property looks vaguely familiar to me. Did the applicant (or a previous owner of the property) not apply for a lake setback
varim::e afewyears ago? According to the survey, there is currently a three stall detached garage on this parcel. Is there reasonable
hardship for the variance to be issued? Is the proposed use of the additional garage for commercial purposes? There is little
infonnation to base a ~sdion on. From what I reviewed, I must recommend denial of the variance. It appears, however,
if the survey is accurate. that the proposed lake setback would be closer to 75 feet, rather than the 14 feet stated in the hearing notice.
You may want to double check that. Whether it is 75. or 14 feet has no bearing on my recommendation, however. It would appear
the best place for additional development on this lot would be where the tennis court is situated. This would maximize the setback
from the lake, and assure virtually no vegetation would have to be removed. Lastly, the ordinary high water elevation for Howard
Lake is identified as 958.0 on the survey. My:records indicate that the oHWL for Howard Lake is 957.3'. In areas with steep banks
(like this one), the difference of 0.7 feet would not result in a significant difference when measuring setbacks. Should the city grant
the variance, please ensure the on-site sewage treatment system is in conformance with current standards. If it is not, an upgrade
of the system should be a condition of approval.
Tl?FMATNE VARIANCE-l'RIORLAKE
I have discussed this proposal with the applicant, and inspected the site. The dimensions of this lot of record make development
or redevelopment within the current standards difficult, if not impossible, without variances. Is there a garage planned on the
proposed new stJ:'\.ldUIe? The plan I reviewed did not indicate so. If not, is it reasonable to expect a future variance request for front
yard and impervious surface coverage to accommodate a garage? I suggest this be discussed with the applicant at the hearing. I
do not object to four of the five requested variances. Ii the association land is inciuded in the computation of impervious surface,
tke result is approximately 26%. It is reasonable, in this situation, to consider the association land in the impervious equation.
Although. not technically proper, one could also consider the association land in the lot size determination. If so, the square footage
is very close to the minimum 7500 square feet The lakeshore setback variance could be eliminated with a slight modification to
the design of the deck On the enclosed copy of the survey, I have depicted a modification which slightly reduces the square footage
to approximately 230 square feet, or roughly 25% smaller than proposed by the applicant Please request the Planning Commission
consider the modification, as it still provides a useable deck surface, and eliminates one of five variances. The DNR would not
oppose the granting of the variances for lot size, impervious surface, front yard, and side yard, provided the lakeshore setback
variance can be eliminated.
.
Thank you for the opportunity to review and comment Please provide me with the record of decision on both variance requests.
Please call me at 772-7910 if you have any questions.
Sincerely,
~~~Iad~
Area HYdrOl~:!~
AN EQUAL OPPORTUNITY EMPLOYER
.., ~~,~".c~.,,;r
96-017VA
PETERS, PRICE & SAMSON
LAND SURVEYORS, LTD.
12400 PRINCETON AVENUE SOUTH, SAVAGE, MINNESOTA 55378
612-890-9201 · FAX 612-890-6569
Certificate Of Survey For GENE AND COLEEN .TREMAINE
1.':
20 / 922./
Drive .30 q€"(M
__ WOy
-..... ( Pe
" 924.1 r
\ edi.1e ~f bir.
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DESCRIPTION
LOT 18
~ )OR INGUADONA BEACH
.... ....~~ ~O Ii' SCOTT COUNTY, MINNESOTA
.... ~ €"(':-v L.
..... ...:-"';;;;;;;: . ... So 4 1.,-
-~;:.<) ~~
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- \)~ ~
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y> ~\.>-\~ I\b
rz..~
111=30'
-
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AREAS
LOT 18 = 5,198.33 Sq. Ft.
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. .
Association Land =
2,066~ Sq. Ft.
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::a 0
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Total Hard Surface =
1,947 Sq. Ft.
(Per Owner)
---
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L.OWEST F1.COR:912.3~
;,
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---
edge of cone.
918.9
I
I
--
I
~
/
(
,#
o Denotes Iron Monument Set
. Denote s Rod Wi th Nut Found
9/8.9 Denotes Existing Elevation
!?EVISe:D 9- 2.1-95; R&.v~ Z-Z3 -9~)
We hereby certify that this is a true and correct representation of a survey of the boundaries of the above described land. and of the location of all
build"", Ih""",. "'" ,It "'ll ,"em"hm,"". 'f ,"Yo ''Om m '" ,,~ "C;f A J1- /) /J
As surveyed by us this 7_ day~~p.J-. 199.5 ~~~ L.S.
. Minnesota License No. /4<:3 90
~~T~T~@UBi,
~DEPARTMENT OF NATURAL RESOURCES
Division of Waters, 1200 Warner Road, St Paul,:MN 55106
FILE NO.
PHONE N9'n-7910
March 13, 1996
Mr. Michael Leek
City of Prior Lake
16200 Eagle Creek Avenue S.E.
Prior Lake, Minnesota 55372
RE: VARIANCE REQUESTS, HOWARD LAKE (SCHIFFMAN) AND PRIOR LAKE (TREMAINE)
Dear Mr. Leek:
I have reviewed the materials sent to me relative to the two subject variance requests which will be considered at the March 25, 1996
Planning Commission meeting. I offer the following comment'il for consideration at that meeting.
SCHIFFMAN V ARIANCE- HOWARD LAKE
This property looks vaguely familiar to me. Did the applicant (or a previous owner of the property) not apply for a lake setback
variance a fewyears ago? According to the survey, there is currently a three stall detached garage on this parcel. Is there reasonable
hardship for the variance to be issued? Is the proposed use of the additional garage for commercial purposes? There is little
information to base a~Ationon. From what I reviewed,1 must recommend denial of the variance. It appears, however,
if the survey is accurate, that the proposed ~ake setback would be closer to 75 feet, rather than the 14 feet stated in the hearing notice.
You may want to double check that. Whether it is 750r.14 feet has no bearing on my recommendation, however. It would appear
the best place for additional development on this lot would be where the tennis court is situated. This would maximize the setback
from the lake, and assure virtually no vegetation would have to be removed. Lastly, the ordinaIy high water elevation for Howard
Lake is identified as 958.0 on the survey. My records indicate that the OHWL for Howard Lake is 957.3'. In areas with steep banks
(like this one), the difference of 0.7 feet would not result in a significant difference when measuring setbacks. Should the city grant
the variance, please enstU'e the on-site sewage treatment system is in conformance with current standards. If it is not, an upgrade
of the system should be a condition of approval.
TREMAINE V ARIANCE- PRIOR LAKE
I have discussed this proposal with the applicant, and inspected the site. The dimensions of this lot of record make development
or redevelopment within the current standards difficult, if not impossible, without variances. Is there a garage planned on the
proposed new structure? The plan I reviewed did not indicate so. If not, is it reasonable to expect a future variance request for front
yard and impervious swface coverage to accommodate a garage? I suggest this be discussed with the applicant at the hearing. I
do not object to four of the five requested variances. If the association land is included in the computation of impervious su.-face,
the result is approximately 26%. It is reasonable, in this situation, to consider the association land in the impervious equation.
Although not technically proper, one could also consider the association land in the lot size determination. If so, the square footage
is very close to the minimum 7500 square feet The lakeshore setback variance could be eliminated with a slight modification to
the design of the cleek On the enclosed copy of the survey, I have depicted a modification which slightly reduces the square footage
to approximately 230 square feet, or roughly 25% smaller than proposed by the applicant Please request the Planning Commission
consider the modification, as it still provides a useable deck surface, and eliminates one of five variances. The DNR would not
oppose the granting of the variances for lot size, impervious surface, front yard, and side yard, provided the lakeshore setback
variance can be eliminated.
Thank you for the opportunity to review and comment Please provide me with the record of decision on both variance requests.
Please call me at 772-7910 if you have any questions.
Sincerely,
~~-~~-
Patrick J. Lynch
Area Hydrologi \
AN EQUAL OPPORTUNITY EMPLOYER
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96-017VA
PETERS, PRICE & SAMSON
LAND SURVEYORS, LTD.
12400 PRINCETON AVENUE SOUTH, SAVAGE, MINNESOTA 55378
612-890-9201 · FAX 612-890-6569
Certificate Of Survey For GENE AND COLEEN .TREMAINE
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DESCRIPTION
LOT 18
~ })~ INGUADONA BEACH
... ......~~ ~O Ii> SCOTT COUNTY, MINNESOTA
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Association Land =
2,066z Sq. Ft.
Total Hard Surface =
1,947 Sq. Ft.
(Per .Owner)
LOWEST FLOOR = 912.3'
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li?EVISeD 9- 2/-95; ~6:vlSt!k> Z-Z3 -9~)
We hereby certify that this is a true and correct representation 0/ a survey of the boundaries of the above described land. and of the location of all
buildings thereon, and all Vi:;'/, encroachments. if any. from or on said la~n.d. /J ~ L? /)
As surveyed by us this 7_ day~~P';". 1995 _~c;:;i<'~ L.s.
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. . Minnesota License No. /40 7~
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Loftus:
Suggestion to the applicant to get a new design and review with staff.
Leek said staff s recommendation would be the same with a two car garage.
Wuellner:
Applicant has to work within the building envelop. A two and one-half garage is
reasonable and it is not a hardship to want a three car garage.
MOTION BY LOFTUS, SECOND BY WUELLNER TO CONTINUE THE REQUEST
TO APRIL 22, 1996.
Vote taken signified ayes by Loftus, Wuellner, Criego and Kuykendall. MOTION
PASSED.
Commissioner Criego requested staff to look into a comment made regarding the
neighbor who did not follow the setback requirement. Leek said he would check into the
matter and report back.
4.E 96-017 - VARIANCE REQUEST BY GENE AND COLEEN TREMAINE FOR
PROPERTY AT 16500 INGUADONA BEACH CIRCLE.
The Planning Department received a variance application from Gene and Coleen
Tremaine, who propose to construct a new house on the subject site. Construction of the
house would result in the following variances and setbacks;
1. A 2,302 square foot variance to permit a lot area of 5,198 square feet instead
of the required 7,500 square feet;
2. A 2 foot lake shore setback variance to permit a lake shore setback of 48 feet
instead of the 50 feet permitted under Section 9.3(D)2;
3. A 7% variance to permit impervious surface coverage of 37% instead of the
permitted 30%
4. A 14 foot variance to permit a front yard setback of 11 feet instead of the
required 25 feet; and
5. A 2 foot variance on the West to permit a side yard setback of 8 feet instead of
the required 10 feet.
Michael Leek presented the Staff Report dated March 25, 1996 with a recommendation to
approve the requested variances. Staff concluded the hardship criteria were met with
respect to the lot area, impervious surface coverage, and perhaps front yard setback, but
not with respect to the requested lakeshore and side yard setback variances. Staff
recommended the request be tabled to allow applicant to consider alternative designs. Pat
Lynch of the DNR faxed a minor modification of the deck which was consistent with
staff s recommendation.
MN032596.DOC
PAGEIO
... "
Gene Tremaine, 16500 Inguadona Beach, said he had changed his plans and pointed out
the proposed changes. He agreed to modify the deck and withdraw the lakeshore
variance request. The size of the home would be 2,000 square feet with Mr. Tremaine's
proposed changes.
Comments from Commissioners:
Loftus:
. This is one of the small lots that always require multiple variances. The applicant
should be complimented on modifying the plan.
. Supportive of request because it is reasonable and necessary.
Wuellner:
. Concurs with Loftus.
. Applicant is fitting a reasonable size house on an extremely small lot.
Criego:
. Supportive of first variance which takes into consideration the size of the lot. The
second variance is no longer required. The 7% variance is okay because of the size of
the lot. The 9.25 variance for the front yard is acceptable without the deck. Agrees
with applicant moving the house over so his neighbor can have a view of the lake.
. Supportive to request.
Kuykendall:
. Requests are reasonable except #4 requesting the front yard setback. There will be a
problem in the roadway. There needs to be access for safety equipment.
. Neighboring Lot 19 has a driveway access. Only two lots use the private driveway.
. Tremaine said the deck will be raised 8 feet.
. Leek said with the deck redesign the lakeshore setback will be met.
MOTION BY WUELLNER, SECOND BY LOFTUS, FOR THE PROPERTY AT 16500
INGUADONA BEACH CIRCLE, TO APPROVE A 2,300 SQUARE FOOT LOT AREA
VARIANCE; A 7% VARIANCE TO PERMIT IMPERVIOUS SURF ACE COVERAGE;
A 9.25 FOOT VARIANCE ON THE FRONT YARD SETBACK; AND A 2 FOOT
VARIANCE ON THE WEST SIDE YARD PROPERTY.
RATIONALE: It is extremely small lot in square footage and width. The property owner
has made allowances to minimize the variances. The variances are consistent with the
neighborhood.
Vote taken signified ayes by Wuellner, Loftus, Criego and Kuykendall. MOTION
CARRIED.
MN032S96.DOC
PAGEII
PHONE N'h2-791O
~~T~T~@IJ'~
~DEPARTMENT OF NATURAL RES
Division of Waters, 1200 Warner Road, St. Paul, MN 55106
FILE NO.
March 13, 1996
Mr. Michael Leek
City of Prior Lake
16200 Eagle Creek Avenue S.E.
Prior Lake, Minnesota 55372
RE: VARIANCE REQUESTS, HOWARD LAKE (SCHIFFMAN) AND PRIOR LAKE (TREMAINE)
Dear Mr. Leek:
I have reviewed the materials sent to me relative to the two subject variance requests which will be considered at the March 25, 1996
Planning Commission meeting. I offer the following comments for consideration at that meeting.
SCIDFFMAN V ARIANCE- HOWARD LAKE
This property looks vaguely familiar to me. Did the applicant (or a previous owner of the property) not apply for a lake setback
variance a fewyears ago? According to the survey, there is currently a three stall detached garage on this parcel. Is there reasonable
hardship for the variance to be issued? Is the proposed use of the additional garage for commercial purposes? There is little
infonnation to base a ~lltion on. From what I reviewed, I must recommend denial of the variance. It appears, however,
if the smvey is accurate, that the proposed lake setback would be closer to 75 feet, rather than the 14 feet stated in the hearing notice.
You may want to double check that. Whether it is 75 or 14 feet has no bearing on my recommendation, however. It would appear
the best place for additional development on this lot would be where the tennis court is situated. This would maximize the setback
:from the lake, and assure virtually no vegetation would have to be removed. Lastly, the ordinary high water elevation for Howard
Lake is identified as 958.0 on the survey. My records indicate that the OHWL for Howard Lake is 957.3'. In areas with steep banks
(like this one), the difference of 0.7 feet would not result in a significant difference when measuring setbacks. Should the city grant
the variance, please ensme the on-site sewage treatment system is in conformance with current standards. If it is not, an upgrade
of the system should be a condition of approval.
TREMAINE V ARIANCE- PRIOR LAKE
I have discussed this proposal with the applicant, and inspected the site. The dimensions of this lot of record make development
or redevelopment within the current standards difficult, if not impossible, without variances. Is there a garage planned on the
proposed new sI:n.Jctw"e? The plan I reviewed did not indicate so. If not, is it reasonable to expect a future variance request for front
yard and impervious surface coverage to accommodate a garage? I suggest this be discussed with the applicant at the hearing. I
do not object to four of the five requested variances. If the association land is included in the computation of impervious surface,
the result is approximately 26%. It is reasonable, in this situation, to consider the association land in the impervious equation.
Although not teclmica11y proper, one could also consider the association land in the lot size determination. If so, the square footage
is very close to the minimum 7500 square feet. The lakeshore setback variance could be eliminated with a slight modification to
the design of the deck On the enclosed copy of the survey, I have depicted a modification which slightly reduces the square footage
to approximately 230 square feet, or roughly 25% smaller than proposed by the applicant. Please request the Planning Commission
consider the modification, as it still provides a useable deck surface, and eliminates one of five variances. The DNR would not
oppose the granting of the variances for lot size, impervious surface, front yard, and side yard, provided the lakeshore setback
variance can be eliminated.
Thank you for the opportunity to review and comment. Please provide me with the record of decision on both variance requests.
Please call me at 772-7910 if you have any questions.
Sincerely,
~~-~~..
Patrick J. Lynch
Area Hydrologi
AN EQUAL OPPORTUNITY EMPLOYER
March 4, 1996
Gene G. And Co1een Tremaine
16500 Inguadona Beach Circle
Prior Lake, Minnesota 55372
Dear Mr. and Mrs. Tremaine:
This letter is to inform you that your February 29, 1996, application for a variance to
construct a new home on your property located at 16500 Inguadona Beach Circle in Prior
Lake has been reviewed by the City's Planning office, and has been found to be
complete. The request will be scheduled for hearing before the Planning Commission on
March 25, 1996. A notice regarding the hearing will be sent out. You will be receiving a
copy of this notice. You will also receive a copy of the staff report which will be
prepared during the week of March 18, 1996.
Should I or other Planning staff have additional questions or concerns we will be in touch
with you as soon as possible. Should you have any questions feel free to call me at any
time.
~Z~~
R. Michael Leek
Associate Planner
cc. File 96-0 17V A
1
16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
KOHLRUSCH
SCOTT/CARVER ABSTRACT CO., INC.
128 West 3rd Avenue P.O. Box 355
Shakopee, ~n 55379
(612) 445-1050
Wade Kohlrusch - Licensed Abstractor
**INVOICE**
TO:
Gene Tremaine
16500 inguadona Beach Circle
Prior Lake, ~N 55372
Date: February 23. 1996
Continuation of Abstract Title
entries and certificate
New Abstract of Title
entries and certificate
Registered Property Abstract
100' Owners and Address Search 50,00
Searches
Special Assessments
Taxes: Treasurer Auditor
Names Searched
Title Insurance Premium Loan Policy $
Owner's Policy $
Service Charge
Plat Drawing
Recording fees
Warranty Deed/Quit Claim Deed
Mortgage/Assignment
Satisfaction/Partial Release
Conservation Fee
Mortgage Registration Tax
State Deed Tax
Total 50.00
Re: 100' Owners and Address Search
Order No. S-3717
Legal Description: Lot 18, Inguadona Beach, Scott County.
KOHLRUSCH
SCOTT/CARVER ABSTRACT CO., INC.
128 West 3rd Avenue
P.o. Box 355
Shakopee, Minnesota 55379
REPRESENTING:
riiiI Commonwealth
~ Land Title Insurance Company
~Iii~i::::\t]~~))::liaim~m::i::::::::::::::::::::::::::~:::i~i:I:::i:::::::::::::::::::::::::::::::::::::i:ii:i:~:~:~:~:~:~:~:~:~::::::::::::::::i:::::::::::::::::I:::~:::::~:::~:~i~::i:i:i::::::::::::f::t::::::i::iiiiiI:::::::::::::::::::::~::::::~:~::~~:~~~:::~~::::::::::::::::::::::::::::::::::~:~:~:~:~::Iriji1R'-li~ii!.m
According to the records of the BRC Tax System in the Office of the County Treasurer, Scott
County, Minnesota, the following is a list of primary tax payers of property lying within 100
feet of the following described property:
Lot 18, Inguodona Beach, according to the plat thereof on file and of record in the Office of
the County Recorder, Scott County, Minnesota.
-----------------------------------------------------------------------------------------------------------------------
Roger B. & Joanne R. Wahl
16510 Inguadona Beach
Prior Lake, MN 55372
Randall William Ries
16484 Inguadona Beach Circle
Prior Lake, MN 55372
Dennis P. & Karen Perrier
16502 Inguadona Beach
Prior Lake, MN 55372
Thomas J. Olson
16494 Inguadona Beach Circle
Prior Lake, MN 55372
Gene G. & Colleen M. Tremaine
16500 Inguadona Beach Circle
Prior Lake, MN 55372
Carl Cans
4595 Lords Street N.E
Prior Lake, MN 55372
Jeanne Jensen
16498 Inguadona Beach Circle
Prior Lake, MN 55372
John R. & Yvonne E. Irivne
16478 Inguadona Beach Circle
Prior Lake, MN
btJR
DATED:
February 23, 1996 at 8:00 a.m.
KOHLRUSCH SCOTT/CARVER ABSTRACT CO., INC.
File No. S-3717
NOTE: This search was prepared with due diligence and every effort was made to ensure the accuracy of this
search, however, Kohlrusch Scott/Carver Abstract Co., Inc. accepts no liability for errors and/or
omissions herein.
MRR 26 '97 03:25PM HRRVEY VOGEL MFG a 8986569
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PETERS, PRICE It SAM$ON
LAND SURVEYORS'."LTO.
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12400 PRINCETON AVENUE SOUTH, SAVAGE, MINNESOTA !rpS378. 612-890-9201
I
, Certificate Of Survey For GENE Aim ..coLEn .~I1lE
I
DESCI.I~:rl0N
LOT ~8
~JP INGUADONA BIACH
~OR SCOTT COUNTY,i MINNESOTA
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425 Weir Drive: Woodbury. MN 55125-1200
Phone; (612) 739-7373
Fax: (612) 739-8666
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Sales Mallall6f
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425 weJR DRIVE. WOODBURY, PJI'" 55141501200
(612) 731-7373 . FAX # (&12) ?t9-3666
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