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HomeMy WebLinkAbout96-022 Variance March 18, 1996 Mr. John Schoeller c/o 3570 Basswood Circle Prior Lake, Minnesota 55372 Dear Mr. Schoeller: This letter is to inform you that your March 11, 1996, application for a variance to construct an addition to Carol's Furniture on property located at 16511 Anna Trail 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. You will receive a copy of the staff report which will be prepared during this week. 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. Very truly yours, ~~.~...-, . . - ,,-<1..: _ ;_ // . / ../ / ....~. / /,//. /~~/b~._-.-->~ R. Michael Leek Associate Planner cc. File 96-022V A 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ~- - :l'.,... UNIVERSAL TITLE 14180 Commerce Ave. N.E., #107 Prior Lake, MN 55372 (612) 447-7949 (612) 447-7950 FAX o March 8, 1996 John Schoeller 16511 Anna Trail Prior lake, MN 55372 RE: 100 FOOT RADIUS SEARCH FOR THE lANDS DESCRIBED AS FOllOWS: That part of the West Half of the Southeast Quarter of Section 2, Township 114, Range 22, Scott County, Minnesota described as follows: Commencing at a point on the East line of the West Half of the Southeast Quarter distant 1940.80 feet north of the Southeast corler of said West Half of the Southeast Quarter, said point being on t~e South line of a Town Road; thence deflecting West at an angle of 92 degrees 37 minutes along said South line of road a distance of 652.15 feet to its intersection with the Northwesterly boundary of New Trunk Highway No. 13, the point of beginning of the land to be describej; thence continuing West along said South line of road a distance of 410.00 feet; thence deflecting to the left at an angle of 119 degrees 30 minutes a distance of 241.19 feet more or less to said North- westerly boundary of New Trunk Highway No. 13; thence Northeasterly along said Northwesterly boundary of New Trunk Highway No. 13 to the point of beginning. FILE NUMBER: 77-04136E Dear John Schoeller: We have examined the records in the office of the County Recorder, Scott County, Minnesota and have found the following persons to have an interest in the property within a 100 foot radius of the above described property. 1. C.H. Carpenter lumber Co. , Inc. 100 N 6th ST Su i te 11940 Mpls., MN 55403 7.43 AC in NWt of SEt 2-114-22 2. C.H. Carpenter lumber Co. , Inc. 100 N 6th ST Su i te 11940 Mpls., MN 55403 3 AC in NWt of SEt 2-114-22 ~,y. A I... 3. Loren Gross 8609 Lyndale Av S Mpls., MN 55444 Part of Nwt of SEt 2-114-22 4. United States Postal Service P.O. Box 69069 St. Paul, MN 55169 1.33 AC in Nwt of SEt 2-114-22 5. John J. and Carol A. Schoeller 3570 Basswood Cir SW Prior Lake, MN 55372 1 . 1 3 AC in wt of SEt 2-114-22 UNIVERSAL TITLE a Division of FIRST AMERICAN TITLE INSURANCE COMPANY D' fl.R'~ ~ ~-PfV AuthorTZed Signature [ q I.,' I ! II 'l UNIVERSAl Tm.E INSURANCE COMPANY ~ LICENSED ABSTRACTOR STATE OF MINNESOTA II I I File No. 96-022 Variance STATE OF MINNESOTA) )ss. COUNTY OF SCOTT ) X The undersigned, duly qualified and aMIiag City Manager of the City of Prior Lake, hereby certifies the attached hereto is a true and correct copy of the original. Resolution 96-lOPC on file in the office of the City Planner, City of Prior Lake. (1 (7 \ ~ fivj I, Frank Boyles , City Mana r / ~ Dated this 70fVday of ~ 1996. Doc. 372365 O~F=CE OF THE COUNTY RECORDER SC~ ~OUNTY, MINNESOTA ~ IiAV~~ f1W or Recor; on 11 b p~~~-!J :. -- ec an, County Reoorder by Deputy 16200 ~ti'~oC'~~ Ave. S.E., Prior Lake, Minnesota ~~2-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER RESOLUTION 9610PC A RESOLUTION APPROVING A REQUEST BY JOHN J. SCHOELLER ON BEHALF OF CAROL'S FURNITURE FOR A 35 FOOT FRONT YARD SETBACK VARIANCE TO PERMIT A FRONT YARD OF 15 FEET INSTEAD OF THE REQUIRED 50 FOR CONSTRUCTION OF AN ADDITION ON PROPERTY LOCATED IN THE B1-LIMITED BUSINESS ZONING DISTRICT AT 16511 ANNA TRAIL. BE IT RESOLVED BY the Board of Adjustment ofthe City of Prior Lake, Minnesota; FINDINGS 1. John J. Schoeller has applied for a variance from Section 4 of the Zoning Ordinance in order to permit the construction of an addition on property located in the B I-Limited Business zoning district at the following location, to wit; 16511 Anna Trail, legally described on Exhibit A, attached hereto. 2. The Board of Adjustment has reviewed the application for variance as contained in Case 96-022V A and held a hearing thereon on March 25, 1996. 3. The Board of Adjustment has considered the effect of the proposed variance upon the health, safety, and welfare of the community, the existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, the effect on property values in the surrounding area and the effect of the proposed variances on the Comprehensive Plan. 4. The request meets the Ordinance criteria, in that the applicant has no legal alternatives to make reasonable use of the property which would not interfere with parking and loading on the site, and the continuation of business during construction of the proposed addition. 5. The granting of the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. The variance would not serve merely as a convenience to the applicant, but is necessary to alleviate demonstrable hardship. 16200 E>8~<(}jlf?~. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 7. The contents of Planning Case 96-022V A are hereby entered into and made a part of the public record and the record of decision for this case. CONCLUSION Based upon the Findings set forth above, the Board of Adjustment hereby approves the requested variance with the following terms and conditions; 1. The variance shall become null and void after one year from the date of approval. 2. The variance is granted for the proposed 2,400 square foot addition as presented with the request. Adopted by the Board of Adjustment on March 25, 1996. 9610PC.DOC/RML 2 OEseR I PT rON: . ._~- ---- Tha~ pa~~ of ~e Wes~ Half of QuarTer or Sec~lon 2, Township ScoT ~ CounT y , M' n n e SOT a des c rib e d The Sdutheas~ 1 1.4, Ran 9 e 2 2 , as f 0 l lows: ~~ommencin9 a~ a pOinT on ~he EaST line of Th~ W e s ~ H at f 0 f The --S 0 u The a s ~ Q U'8 r ~ e r . d i s ~ 8 n T 1940, 80 fee T no r ~ h of The sF w The a ST cor.- n e r . of said Wes~ Half of ~he Sou~heas~ Quar~er, said poin~ beihg on'The Sou~h (ine of a To~n Road; rtience deft.ec~ i ng ,Wes~ aT an ang L e of 92 de.grees 37m 1 n U r.e's a'l en g S a ~ dSc u ~ h tin e 0 f :-,o,a d a diSTance of 65;2,,15 feef ~o i~s in+ersecrion wi1"h ~he NorTh~esre ly boundary of New Trunk Highway No. 13, 1" he poi f)T 0 f beg i n.n in 9 0 f r h e l and TO be described; T h. n c e con T "I n u i n 9 We s ~. a l on 9 sa '1'"' Sou~h line of road a diSTance of 410.00 feer. t'hence defLec~'~g t'o 'the lefT at' an angle of 11. degrees 90 minu es a disTance of 241, 19 feeT more o r l e s S rosa '1 d Nor ~ h we s t' e r ~ y bow n d a r y 0 f New: Trunk H1ghway No, 13: rhence Nort"heaSTerlyalon.g sald NorThwesTerly boundary of New Trunk HIgnway No. 13 TO The pinT of beginn'ing. Cont'a1n1ng '.02 acres 1 I ~! ,~ i 'd I i .1 EXIDBIT A MOTION BY WUELLNER, SE OND BY CREIGO, TO DENY THE VARIANCE OF AN 80 FOOT LAKESHORE SE BACK REQUESTED FOR THE PROPERTY AT 15220 HOWARD LAKE ROAD. RATIONALE: There are other r sonable alternatives for the property owner to utilize and build an additional garage. Vote taken signified ayes by Wue Iner, Criego and Kuykendall. Loftus abstained from voting. MOTION CARRIED. 4.G 96-022 - J4>HN SCHOE LERlCAROL'S FURNITURE, 16511 ANNA TRAIL, VARIANCE REQUEST FOR A 5 FOOT FRONT YARD SETBACK. Michael Leek presented the Staff eport dated March 25, 1996. Staff concluded the applicant had legal alternatives w . ch would allow reasonable use of the property, and thus the Ordinance criteria had n been met. Recommendation was for denial. John Schoeller, 3570 Basswood ircle, presented a draft of the existing building and the proposed addition. Mr. Schoeller bought the property in 1986 with an existing steel building on the property. At the t me the staff indicated he rebuilt for aesthetic reasons but he did not. The building was not where he would have liked it. Mr. Schoeller explained the need to get semi-tr tors into the building. The City's proposed addition would end up blocking the road d driving up over the curb. Mr. Schoeller feels the hardship is the building existed 0 the property when he bought it. If he shifts it to the north there is not enough room w th the building's 4 foot overhang. He feels there is a hardship where he can not get del very with Staff's proposed change. The previous Planning Commission was happy he was rebuilding. It was in the public's interest to eliminate the metal building and . s is the natural place to put the building. Mr. Schoeller presented a case law wi the Board of Adjustment. His feelings were it is not only expensive to relocate but it i not practical. It is unreasonable to change his warehouse and showroom, redo e parking lot to get the merchandise in the building. Comments from Commissioner : Loftus: . Remembers the history of the property and metal building. The ordinance now states the building has to be aesthef cally acceptable. Mr. Schoeller took the eyesore and improved the building. . This is a situation where ther is an existing building and needs to expand and has a restrained building envelop. . The ordinance now requires 0' right-of-way. It did not require a setback at the time. MN032S96.DOC PAGEl3 Wuellner: . Addition to the north end is not reasonable. It would be a big detriment to the business. . On paper it looks like it would be reasonable but it is not. Mr. Schoeller would be completely cutting off the supply to his business. He has to stay in business. . A hardship does exist. Supports to continue the building along Highway 13. Criego: . When the variance was approved in 1986 did the applicant have one year for all items for future expansion? . Rye said he believed that is how the ordinance was read at the time. The ordinance changed in 1985. . Leek said the motion was to grant a 30' front yard variance for 16511 Anna Trail. If you continue the building line it clearly grants more than a 30' variance from the 50'. It was not intended to cover a future expansion. The ordinance changed in 1985 which was one year before Mr. Schoeller bought the property. . Mr. Schoeller said he bought the property with the intention of expanding. . Good faith to approve the variance as stated. The diagram is the exact diagram presented in 1986. Kuykendall: . Understands Criego's rationale. . Measure from the center line of the right-of-way. . Leek stated the ordinance is very clear on Highway 13. There is no consistency with the rationale. . There are other ways to make it more marketable. . Schoeller's concern is for the semi-trailers to get into the building. MOTION BY WUELLNER, SECOND BY LOFTUS TO APPROVE THE 15 FOOT FRONT YARD HIGHWAY 13 RIGHT -OF- WAY SETBACK TO PROCEED WITH THE BUILDING PLANS AS SUBMITTED. RATIONALE: Literal enforcement would result in undue hardship to the business because the legal alternatives would significantly disrupt business operations. There is an issue of health, safety and welfare with the traffic. Commissioner Kuykendall expressed his concern for reasonable alternatives. Vote taken signified ayes by Wuellner, Criego and Loftus, opposed by Kuykendall. MOTION PASSED. A recess was called at 10:57 p.m. The meeting reconvened at 11 :00 p.m. MN032596.DOC PAGEI4 PLANNING REPORT SITE: PRESENTER: REVIEWED BY: PUBLIC HEARING: DATE: 4G CONSIDER FRONT YARD SETBACK VARIANCE FOR JOHN J. SCHOELLER/CAROL'S FURNITURE 16511 ANNA TRAIL R. MICHAEL LEEK, CITY PLANNER DONALD R. RYE, PLANNING DIRECTOR YES --X- NO MARCH 25, 1996 AGENDA ITEM: SUBJECT: INTRODUCTION: The Planning Department received a variance application from John J. Schoeller on behalf of Carol's Furniture. DISCUSSION: The subject site was purchased by Carol's Furniture in 1986. At that time, a 30' variance was applied for and granted to permit construction of the current showroom building. Accompanying this report are copies of the application, staff report, Commission minutes and site plan related to that variance. The site plan did indicate an area for future expansion; the proposed building in this case is consistent with the area shown for future expansion. The variance was exercised by the issuance of a permit for, and the construction of the first addition. The applicant now wishes to construct a 2,400 square foot addition in the location shown on the 1986 site plan. It does appear that other, legal alternatives exist for the placement of the expansion. For example, the expansion could be placed at a 90 degree angle to the existing building on the East. It could also be shifted North to comply with the setback requirement. Either of these alternatives would probably require greater reconfiguration of the parking lot. Variance Hardship Standards: 1. Literal enforcement of the Ordinance would result in undue hardship with respect to the property. This criteria goes to whether reasonable use can be made of the property if the Ordinance is literally enforced. As the analysis above suggests, staff is of the opinion that an expansion can be accommodated, and thus reasonable use of the property can be made while still complying with the setback requirements. Thus, staff has concluded that this 16200 ~B~~feW~~18.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER criterion is not met. Staff did view the request in terms of the previous variance, and concluded that the previous variance was granted on the basis of largely aesthetic considerations, rather than hardship and characteristics unique to the site. 2. Such unnecessary hardship results because of circumstances unique to the property . Because staff has concluded that there is no undue or unnecessary hardship this criterion is, de facto, not met. 3. The hardship is caused by provisions of the Ordinance and is not the result of actions of persons presently having an interest in the property. Any hardship 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. 4. The variance observes the spirit and intent of this Ordinance, produces substantial justice and is not contrary to the public interest. The proposed structure would not be inconsistent with other development in the area. Thus, it does not appear that the requested variances would be contrary to the public interest. AL TERNA TIVES: 1. Approve the variance requested by the applicants, or approve any variances the Planning Commission deems appropriate in the circumstances. 2. Table or continue discussion of the item for specific purpose. 3. Deny the application because the Planning Commission finds a lack of demonstrated hardship under the zoning code criteria. RECOMMENDATION: Because staff has concluded that the applicants have legal alternatives which would allow reasonable use of the property, and thus that the Ordinance criteria are not met, staff recommends Alternative No.3. ACTION REQUIRED: A motion adopting Resolution 961OPC-A. 9622V APC.DOC/RML 2 ~ N 8 ...0 0\- t~. , ~ , ., ), 11 --. -l ' - I , , \ ,I-- ' ~ -: ~, ' ," _l " ' , , 1 , \ 1: : i i , ".T.; \ ., ", ~ ~ cr ~ '\ \ " 0- ',\\ \'\ -<-,.;;;"~~~~ \. ~(\ '\ ,-) -1 \ '\ (~I>, \ '\ \ ,.;" ~\ ~\~.; '\, / ''\, \. r-~1~~ , '- .-/ NOTICE OF HEARING FOR A 35 FOOT FRONT YARD SETBACK VARIANCE TO PERMIT A 15 FOOT SETBACK FROM STATE TRUNK HIGHWAY 13 INSTEAD OF THE REQUIRED 50 FEET FOR THE CONSTRUCTION OF A 2400 SQUARE FOOT ADDITION ON PROPERTY LOCATED IN THE BI-LIMITED BUSINESS DISTRICT You are hereby notified that the Prior Lake Planning Commission will hold a hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road SE (Southwest of the intersection 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: John J. Schoeller/Carol's Furniture 16511 Anna Trail Prior Lake, Minnesota 55372 SUBJECT SITE: 16511 Anna Trail, legally description as found on the attached survey. REQUEST: The applicant proposes the construction of a 2400 square foot addition to the existing store. The addition would continue the setback of the existing store. 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 9622VAPN.DOC 1 16200 ~ Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 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 14, 1996. 9622V APN.DOC RML 2 RESOLUTION 9610PC A RESOLUTION DENYING A REQUEST BY JOHN 1. SCHOELLER ON BEHALF OF CAROL'S FURNITURE FOR FRONT YARD SETBACK VARIANCE FOR CONSTRUCTION OF AN ADDITION ON PROPERTY LOCATED IN THE Bl- LIMITED BUSINESS ZONING DISTRICT AT 16511 ANNA TRAIL. BE IT RESOLVED BY the Board of Adjustment ofthe City of Prior Lake, Minnesota; FINDINGS 1. John J. Schoeller has applied for a variance from Section 4 of the Zoning Ordinance in order to permit the construction of an addition on property located in the B I-Limited Business zoning district at the following location, to wit; 16511 Anna Trail, legally described on Exhibit A, attached hereto. 2. The Board of Adjustment has reviewed the application for variance as contained in Case 96-022V A and held a hearing thereon on March 25, 1996. 3. The Board of Adjustment has considered the effect of the proposed variance upon the health, safety, and welfare of the community, the existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, the effect on property values in the surrounding area and the effect of the proposed variances on the Comprehensive Plan. 4. The request does not meet the Ordinance criteria, in that the applicant has legal alternatives to make reasonable use of the property. 5. The granting of the variance is not necessary for the preservation and enjoyment of a substantial property right of the applicant. The variance would serve merely as a convenience to the applicant, but is not necessary to alleviate demonstrable hardship. 7. The contents of Planning Case 96-022V A are hereby entered into and made a part of the public record and the record of decision for this case. CONCLUSION 16200 ~8~~<tR2~. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Based upon the Findings set forth above, the Board of Adjustment hereby denies the requested variance. Adopted by the Board of Adjustment on March 25, 1996. Richard Kuykendall, Chair ATTEST: Donald R. Rye, Planning Director 96 1 OPC.DOC/RML 2 CITY OF PRIOR LAKE \~ .~ 'VARIJIl<<E - ~ - KNt1.l'SCI.J mNSTRJC'l'tOO CD. AOOtm 7, 1986 . ..' " , ' " :~ ',,: -' ,.~'~'" , , " . " .: .;- '" _._' _~_' < >"':-'--:":,-t~"_,--.,. ;- .', .,.,' ",..' __ "","-__.',:_ ,"'., ":,:""_,,..,.:."-::',,, .-,:~<:'-, - ,.:,.' ,:,_; " ,-'" ..-,-'-,-; ,2heapplicantis\,.+~.t.irlgiC'arol'$' ftJWturewbob8S'a:~agl.~~'to ,'IXIf'tbf!'..et:albaildirirJa€lritetSectiorfAnna 'l'railand Highway 13. .Wheretbis ,""c::,~dli1inlJ;was CXlI1StrlJctec1Prior Lake did notbavean otdinana!preventiBJ 1Det:al ;+",;:'~0I'l. Fur1:beJ:mOre,att:he time Of construction the site was Zoned 8-2 .. ,,< Ilasinesswhlcb bas no front orsideyatd setbaekrequirements allowing the:> hnl~t"9tobeplaCed15feet,.fraRHigbway 13. Prior Lake has since,cbangedthe ' 3:niri.F,Of,thesobjectsite to" B-l'Limited ,Business and .'~ ". anordiriance ptt;"ent..ing ,1Iet:al ClCIOstJ:uction.The current, building pr~ a poor visual :UptesSiClDarid qUeSt!onablebusiness opportunities on 'a site that. has exoel1ent ~a.dal"pot:ential abJ' exposure. ~ current8-l ZOning requires a SO foot Highway 13 setback and 15 foot side yard ~. It is the opinion of the future owner -Carol's Furniture- that the etterior of the exi.stiDJ building needs to be brocght into architectural , ~llity with atI!f aik!:."~"'U. , 1be pr~] entails adding 3000 square feet ofJ:etai.l.Space to tbenort:heast. ,.",lJ.be intent is to have, exposure. to Highway 13, preddtfuDctional ~t!' and take into aeocxmtfutUre expansion.tl1der theein:al8tances it would not: be prudent to expan..i along the southwest property , line, and develop. parking'a1~Bigbway 13. . - :. . '.lbeenstmgbuiJ.di.ngbas:an18footsetback frail Hig3ifay 13. nus p;oposed ClcbstJ:Uctionincl.t1ding" the" fUture~on. space would maintain that distance. '.lbeJO foot. code deviation ", will not affect vehicular traffic on Highway 13. 'BDilIeVer,t:be proposal willbaVe a1ll1Ch Jll)re direct orientation to Highway 13 . t:bIIt botbtbePost Offioeand.BanL. S!'APP ARt III I emA'l'JCW: :,'. ',': ....1ti1s;ptClpQ8al.sboUld beappt<Nedsince it will greatlyiDprcwe a building and :s1tAftbllt::iha8:.beliua11,....."todet8r!or8te ~r the years. '1'he existing building IiditUtfl,I...t.l18ilt.e2md,cannot(addtessthepotential of the site unless liIcdlfied~am aadec1 <'lI1i::O....~. ~l util~ the existing situation well and 'IdllresultiD iDprOt#e..6" thatv111 be in the best interest of the CCJIIII.U'li ty. -.', ':;'\';:'~i{'.':.';;~,:-"-:'. '., ' .' 1">' :i.,', ~'," i: City of Prior Lake Application For Variance The Planning Commission meets on the first and third Thurdsav of each month. All applications must be completed and sub- mitted 10 days prior to the meeting it will be considered on. Information LAppIicam: Anderson-Knutson Construction Co. ~: 4640 We 77th St.. Suite 275. Edina. MN 55435 PropetyOwner: _ John and Carol Schoeller Address: Carol's.. Furniture and Carpet-Priordale r-tall Hwy 13 Type of Ownership: Fee Contract Purchase Agreement ~raaor. Anderson-Knutson Constr~ction Co. Phone: 447-5538 / Phone: 835-5000 Auto Service Prewnt Zoning: B-1 Furniture Store Parcel No: Legal Description '. of Variance Site . (A-r~'H~) ~\:V-~'>"! i\',c.:'~';.V""';__ "r:;<;-; ,/ .....~ ." "'" Requested: ~~;-~~::._-~ "', 20'-0 Set Back Has the applicant previously sought to pLJt. rezon~. obtain a varian<:e or Conditional use Permit on the subject site or any part Of ill: ~ YesO ' ~f~~:~~, ~I~:':, 1/<'--' ,~ ..,Whatw~teqUeted; ..a...._. __ yyfft:"JJ. _ Oesoibethe type of improvements proposed: Disposition: See attn~hP-d drnwinq~ Oesaibe the type of undue hardship which exists based upon circumstances unique to the property: ThP prnpp r expansion and upgrading of the existing buildin~ requires a variance due to the placement of the existing structure. Both exnansion and ~~considered essential to the success of thp. project. (A..)Completed application form. (8.)Filing Fee $50.00 (C.)CertifH.!'d from tlbstract firm, names and addresses of pr0- perty owners within tOO feet of the t!Xterior bouncfries of the subject property. (O.)Complete legal description. (EJDeed resb~s. if ~tCa,*. (f.)Mara map oat t" - 200' available from the CIty Engineering Section showins: ex. 'i5dn8IOpOStaph. utifities..1ot Doundrie. bUiIdint easements and SOl1 t4Mt data if pertInent within 300 feet. (G.)A parcel , map.'1".2fT.SO' showing: The site ~ pIM, bulldinlJS: ~rking.. Ioaciing.. acc~~, surl.a<< drainase. IandSCOlpina and Cdiry servic~_ ThealJc:We items shaU be submitted unless clearfynot applicableo and of no value in the review of this request. ,Itemln~reQuestby Ricttard J. I\ndersonf~r an 18.5 foot lakeshore ....ariance'and. tv05 foot side yard variances for 2963 Terrace Circle. Mr. & Mrs. Anderson' """",","were present.t.Oan&II1!r questions. Mr. Anderson stated that lhe'J' wre seeking 2 five foot side yardvarianoes order t.oconstroct the detached garage in a."1 aesthetically pleasing location. City ~ Graser~ed per JIeDIO dated 8/2/86. ,!be ,~~onersbad noprcblem' with the lakeshOre variance but the side wriances," abcM!d, no batdship. . ' 'JOtIaf BY L<ProS 10 GRMT' 1\N 18.5 POC71' t.AKESHCm: VARL~ roR 2963 TERR1Q:' cm:.r.ESINCE ,IT IS, <XJISISlml', wrm PRf.VIOOS PI'..ANNI!C CDIlISSICl'i "PROCfIXJRE AM> "1m' ~'Jt)mEARFAr8U1'mIEN!T8B 'M)'", 5 fOOl' mE YAm> VARIAnCE.S,/o/ 'SDa'lBERBIS NOBAlG&!1PWIm 'IBIS SIZE tDl'w SJ!XXIUD IT:! WELtS. UPON A vom; ',.. T.MERt,'mEIOJ.'ICllWAS OOLYPASSm. (1U..tS,., UPlUSw ,I.ARSQq) " ,-,., Itell.IV"n!qUeSt byJobn zalesky for a~.2f()Ot side yard variance for 5106',:' Bin.bwooa ',AveDJe1t.E.JIIr.zalesky was present. to answer questions. Mr. Zaleskyc>< T......d.edthatbe applied for a building peDDit for a dEdt am found the lot 18' narrower than the hllj l~r said and the builder bad put a sliding glas door on the' 'side, yard. Since, there is a hill in the,' back of the ~' "',tbis.~esa.lsa hardship. , City PJ.:8nDer,;Graser: 00 - ~1t.ed peru I1BOdated 8/7/86. 'At:th1S.tJllechaimanrarsonmaa t:Iu:ee letters Exhibit -A- Rick D. ,ft1rray, -a- Mr. trllrs~Jti.cbael Voltart, -c- James L. 'Patti A. Bowe, for the record all '~in:Jtothe varianc:2 request. ~ n-fRSioners had cmcem<Wer setting a new precedent even though eefinite hardship ,exists. fI7lI(Jf BY UP1'tJSm GRHaA 5.2 fOOl' SIDI:: YA!I) VARIAt<<:E fOR 5706 B."tP.CBNXD AVDtJE ,",' B.E. ,,' SINCE ,"mIS, JW; ,,'.....' Pa:.IC!" S'J'IIa'DENl' CR mE',CI'l'!'" <Dt:R:'.IL" IN, SIMILAl't ~AR>mEam ~'TDEPORBOILDI!GJ:'Al1a\U:U ~.U'u:.Li:iL.Y" 'SfXDrIB:) BY Ma:.LS.. tJPa!fA vom 'lNCBNi mE b.1rll.BWAS ItlLY PASSm., (WPLLS, LCPl'US, ~) Rosetb arrived at 9:28 P.1t. and did not vote on the Zalesky variance. Item V, Anderson - Knutson CclnstnJction c~. request for a 30 foot front yard varimce for 165111tnna Trail. J:ia1lnderson . of Itnutson Construction~' camented that the variance was ~tomake the bestVisualfunctionarxl use of the facility for a stoI:eJ:oaI. and sbattocra. vhenenclosing the.. existing. metal building. CityPl.amer Graser ew-"'I".At4.ed per IllS) dated August 7, 1986. j I I I . ",' . 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