HomeMy WebLinkAbout96-027 Variance
RESOLUTION 96-19PC
A RESOLUTION GRANTING A 25 FOOT VARIANCE TO PERMIT THE
INSTALLATION OF 4 POLES HAVING A HEIGHT OF 60 FEET INSTEAD OF THE
PERMITTED 35 FEET AT THE SUBSTATION LOCATED ON PROPERTY
IDENTIFIED AS PART OF THE NE 11/4, OF THE NE 1/4 OF SECTION 30, TWP.
115, RANGE 21, SCOTT COUNTY, MINNESOTA.
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Cooperative Power Association has applied for a variance from Section 5 of the
Zoning Ordinance in order to permit the erection of 4 poles with a height of 60
feet at its substation located at the intersection of Timothy Avenue and Co. Rd.
42, in the RI-Suburban Residential at the following location, to wit;
THE NE 11/4, OF THE NE 1/4 OF SECTION 30, TWP. 115, RANGE 21,
SCOTT COUNTY, MINNESOTA.
2. The Board of Adjustment has reviewed the application for variance as contained
in Case 96-027V A and held a hearing thereon on May 13 and June 10, 1996.
3. The Board of Adjustment has considered the effect of the proposed variance
upon the health, safety, and welfare of the community, the existing and
anticipated traffic conditions, light and air, danger of fire, risk to the public
safety, the effect on property values in the surrounding area and the effect of the
proposed variance on the Comprehensive Plan.
4. Because of conditions on the subject property and on the surrounding property, it
is possible to use the subject property in such a way that the proposed variances
will not result in the impairment of an adequate supply of light and air to
adjacent properties, unreasonably increase congestion in the public streets,
increase the danger of fire, and danger to the public safety, unreasonably
diminish or impair health, safety, comfort, morals or in any other respect be
contrary to the Zoning Ordinance and Comprehensive Plan.
5. The special conditions applying to the subject property are unique to such
property, and do not generally apply to other land in the district in which such
land is located. Among the conditions applying to the subject property, 1) that it
16200 ~g~Y~<cl-~~&e. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
is used for the provision of an essential public service, 2) the site is relatively
small, thus limiting placement of the proposed poles.
6. The granting of the variances is necessary for the preservation and enjoyment of a
substantial property right of the applicant. The variance will not serve merely as
a convenience to the applicant, but is necessary to alleviate demonstrable
hardship.
7. The contents of Planning Case 96-027 are hereby entered into and made a part
of the public record and the record of decision for this case. Pursuant to Section
5-6-8 of the Ordinance Code the variance will be deemed to be abandoned,
and thus will be null and void one (1) year from the date of approval if the holder
of the variance has failed to obtain any necessary, required or appropriate permits
for the completion of contemplated improvements.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby grants and
approves the following variances;
A 25 FOOT VARIANCE TO PERMIT THE INSTALLATION OF 4 POLES
HAVING A HEIGHT OF 60 FEET INSTEAD OF THE PERMITTED 35 FEET.
The variance is based on the following terms and conditions;
1. Installation and maintenance of the landscape plan as depicted on Exhibit
A.
Adopted by the Board of Adjustment on June 10, 1996.
~~
Richard Kuykendall, Chair
9619PC.DOC/RML
2
ACRE SITE LOCATED SOUTH OF COUNTY ROAD 42 AND NORTH OF THE
DEVELOPMENT KNOWN AS "KNOB HILL".
Planning Director Don Rye explained the applicant and neighboring property owner are
getting together to submit a joint application. They will modify the plan and make it
consistent with the Knob Hill development
MOTION BY LOFTUS, SECOND BY WUELLNER, TO TABLE THE MATTER.
Vote taken signified ayes by Loftus, Wuellner, Vonhofand Criego. MOTION
CARRIED.
The public hearing was closed.
A recess was called at 8:01 p.m. The meeting reconvened at 8:08 p.m.
~
CASE #96-027 HEARING FOR A VARIANCE REQUEST FROM COOPERATIVE
POWER COMPANY FOR A VARIANCE FROM SECTION 5.1 OF THE ZONING
ORDINANCE TO PERMIT THE INSTALLATION OF POLES TO SERVE AN
ELECTRICAL SUBSTATION, SAID POLES TO HAVE A HEIGHT OF 70 FEET
INSTEAD OF THE PERMITTED 35 FEET ON PROPERTY LOCATED IN THE B1-
LIMITED BUSINESS ZONING DISTRICT.
Planning Director Don Rye turned the presentation over to Mr. Will Kaul, the Director of
Transmission and Environmental Services for Cooperative Power Company.
Mr. Gene Ernst, landscaper for the project, presented illustrations and explained the
design and tree development for the proposed landscaping. The land owner on Timothy
Avenue agreed to let the applicant plant Black Hills Spruce trees on his property to help
shield the towers.
Comments from Commissioners:
V onhof:
. Mr. Ernst explained the planting line along County 42 and Timothy Avenue.
. Mel Hentges of Minnesota Valley Electric Coop explained the underground feeders.
. Inserting slats on fence may not be effective but screening is a concern.
. Mr. Hentges said there would not be a problem to put slats on the south side.
. Rye does not feel the slats would work well. It is a maintenance problem. It can be
more of a visual problem.
. Mr. Kaul stated it is a problem not being able to see through the fence.
Loftus:
. Likes the improvements on the schematic plan.
MN061096.DOC
PAGES
· Berming an option? Mr. Ernst said the grades would not work.
Wuellner:
· The applicant has done a good job proposing an acceptable screen. Supportive.
Criego:
· Mr. Ernst explained the winter landscape scene. Salt is a problem for the trees. Once
an evergreen is damaged it will not come back.
· Possibility of putting a vine on the south fence? Mr. Ernst said there would not be
enough irrigation. Mr. Kaul said they have strict regulations to follow with screens.
MOTION BY LOFTUS, SECOND BY WUELLNER, TO ACT FA VORABL YON
THE REQUEST FOR VARIANCE AND ADOPT RESOLUTION 96-19PC.
Discussion: Some type of screen should be on the fence; It will take a long time for the
trees to mature; Maintenance has not been a problem on this site; The substation has
been there for 30 years; Possible tennis court green screening; and a vine will not work.
Vote taken signified ayes by Criego, Wuellner, Loftus, nay by Vonhof. MOTION
CARRIED.
CASE #96-040 V ARlANCE REQUEST FROM DAVE SMITH FOR AN 18 FOOT
VARIANCE TO PERMIT A 67 FOOT SETBACK FROM THE CENTERLINE OF
SPRING LAKE ROAD RATHER THAN THE REQUIRED 85 FEET; AND A 5 FOOT
VARIANCE TO PERMIT A REAR YARD SETBACK OF 20 FEET INSTEAD OF
THE REQUIRED 25 FEET; FOR THE CONSTRUCTION OF AN ATTACHED
GARAGE ON PROPERTY LOCATED IN THE RI-SUBURBAN RESIDENTIAL
DISTRICT AND THE SD-SHORELAND DISTRICT IDENTIFIED AS 2590 SPRING
LAKE ROAD.
Don Rye presented the information from the Planning Report dated June 10, 1996. Staff
recommendation is to deny the application due to the lack of demonstrated hardship.
Applicant has legal alternatives to construct the additional garage.
Comments from the public:
Dave Smith, 2590 Spring Lake Road, said he bought the property in March. It was a
HUD home and Mr. Smith has spent $13,000 remodeling the interior. He re-roofed the
home, fixed up the yard and would like to add a garage and brick the front. Mr. Smith
feels he is enhancing the property. He will go with a smaller 24 x 26 foot garage and ask
for a 18 foot front yard setback variance.
Vice Chair Criego entered a letter of opposition from his neighbor, Roger Gaustad.
MN06I 096.DOC
PAGE 6
,.
Loftus:
. This situation in 1977 is an oddity.
. Appreciate comments from Jobsts.
V onhof:
. Support changes.
. One of the objectives of this year of the Planning Commission is to go through and
update the Zoning Ordinance and try to address these issues.
Kuykendall:
. This action will render any variance granted previous to 1985, null and void after six
months of being granted.
MOTION BY LOFTUS, SECOND BY VONHOF, TO RECOMMEND APPROVAL OF
ORDINANCE 96-11, AMENDING SECTION 5-6-6 OF THE PRIOR LAKE CITY
CODE AND AMENDING SECTION 7.7 OF THE PRIOR LAKE ZONING
ORDINANCE (83-6).
Vote signified ayes by Loftus, Vonhof, Criego, Wuellner and Kuykendall. MOTION
CARRIED.
MOTION BY WUELLNER, SECOND BY LOFTUS, TO CLOSE THE PUBLIC
HEARING.
Vote taken signified ayes by Wuellner, Loftus, Criego, V onhof and Kuykendall.
MOTION CARRIED.
-....
'/
96-027 - COOPERATIVE POWER ASSOCIATION - VARIANCE REQUEST FOR
THE PROPERTY AT COUNTY ROAD 42 AND TIMOTHY AVENUE TO
CONSTRUCT UTILITY POLE.
Mike presented the information from the Planning Report dated May 13, 1996. Staffs
recommendation was to approve the variances requested based on the information the
hardship criteria had been met. Upon approval the variances should be conditioned on
installation of the landscaping as depicted on the Planting Plan.
Comments from the public:
Kevin Maas, land use manager of Cooperative Power Association, and Mel Hentges,
Minnesota Valley, supervisor of engineering were present and outlined the applicant's
request. Basically the Cooperative Power Association serves 17 coop's. This project is
providing a second circuit to the substation. The main station will start in Savage and
continue down Highway 13 across County Road 42 and into the substation. They are
MNOSI396.DOC
PAGES
.'
basically modernizing the substation. The cost will be approximately $1.2 Million. They
are also governed by Federal Safety Standards.
Comments from Commissioners:
Criego:
. Currently serves 5,500 customers in the area. 69,000 volts come into the substation.
. Supports request.
. Discussed landscaping around Timothy Avenue.
Loftus:
. Agree with staff recommendation.
V onhof:
. Not opposed to the proposal.
. Good opportunity for Minnesota Valley to landscape and screen the area as it is one
ofthe most visible pieces of property. Would like to see more shrubs obscuring the
screening at a fence level and a few more trees along County Road 42. This is
adjacent to a residential and commercial area.
. Support with more shrubs and landscaping. It is the gateway into the community.
Wuellner:
. Explanation from Mr. Maas regarding the primary switches and structure.
. Screening around the substation.
Kuykendall:
. Mr. Hentges explained they try to center their location in the service area. The site
location was a rural area in 1965 and a favorable area. Most sites are at intersections.
. Mr. Maas explained they have not considered relocating the substation. It is very
difficult in essential services to do a new project. The applicant hired a respected
landscape architect to landscape. Under the Rural Utility Standards, the Power
Company is required to have a chain link fence (for safety).
V onhof:
. There should be more screening. Use the slats inside the fence. The more that can be
done to screen the area the better the City is. Savage will develop the area north of
CR42.
Loftus:
. Regarding screening - sometimes leaving it in its raw (visual) stage, would be better
for safety.
MNOS 1396.DOC
PAGE 9
MOTION BY CRIEGO, SECOND BY LOFTUS, TO CONTINUE THE MATTER TO
THE JUNE 10, MEETING AND HAVE THE DEVELOPER COME BACK WITH A
NEWER SCREEN PLANTING PLAN.
Vote taken signified ayes by Criego, Loftus, Wuellner, V onhof and Kuykendall.
MOTION CARRIED.
96-030 - ROBERT OSTIDIEK - VARIANCE REQUEST FROM THE CITY CODE TO
CONSTRUCT A POLE BARN ON THE PROPERTY AT 4510 JACKSON TRAIL SE.
Michael Leek presented the information from the Planning Report dated April 22, 1996.
Staff recommended denial of the variance to permit a pole building in the Rl Zoning
District due to the lack of demonstrated hardship under the Zoning Ordinance criteria.
Comments from the public:
Robert Ostdiek, 4510 Jackson Trail NE, stated his reason for constructing a pole barn was
to store personal items and collector cars. His neighbors (Shakopee residents) have pole
barns.
Comments from the Commissioners:
Criego:
. The problem seems to lie in the zoning ofRl and the area should be Al or Cl.
. Rye said the area is unique. Sewer was never provided in this area. Perhaps the way
out of this is to determine what the area is. A 10 acre minimum is required for
agricultural.
. There is a hardship and will support the variance.
Loftus:
. Agrees with the hardship and supports.
V onhof:
. Agrees with comments.
Wuellner:
. Agrees with comments and possibly rezone the area.
Kuykendall:
. Neighboring properties are zoned Agricultural.
MOTION BY CREIGO, SECOND BY LOFTUS, TO APPROVE THE REQUESTED
VARIANCE AND DIRECT STAFF TO PREPARE A RESOLUTION; AND TO
RECOMMEND CITY COUNCIL APPROVE A POLE BUILDING FOR THE SITE.
MNOSI396.DOC
PAGEIO
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
SITE:
4. D
Consider height variance for Cooperative Power
Association
Property located at the Southeast corner of Co. Rd. 42
and Timothy Avenue, legally identified as Part of the
NE 1/4 of the NE 1/4 of Sec. 30, Twp. 115, Range 21.
Donald R. Rye, Planning Director
YES ....x... NO
June 10, 1996
PRESENTER:
PUBLIC HEARING:
DATE:
INTRODUCTION:
The Planning Department received a variance application from Cooperative Power
Association (hereinafter Cooperative). Cooperative wishes to erect 4 steel poles with a
height of 60' instead of the 35' permitted under the Zoning Ordinance. As a part of the
project 2 existing poles would be replaced and 1 distribution pole, as well as the guy
wires would be removed. Cooperative has also proposed substantial, additional
landscaping on both the East and West sides of the property. The proposed changes are
part of a larger upgrade which will result in more reliable service for customers of
Cooperative, including Prior Lake residents. The overall project is described in Exhibit
A, attached to the original staff report.
The request was first reviewed by the Planning Commission at its meeting of May 13,
1996. At that meeting, the Commission voted to continue the matter to June 10, 1996, in
order to have the applicant revise the screening/planting plan to address concerns raised
by the Commission.
AL TERNA TIVES:
1. Approve the variance requested by the applicant, or approve any variance(s) the
Planning Commission deems appropriate in the circumstances.
2. Table or continue discussion of the item for specific purpose.
3. Deny the application because the Planning Commission finds a lack of
demonstrated hardship under the Zoning Ordinance criteria.
16200 ~8g1&<e~9k/~\'e. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
RECOMMENDATION:
Because staff has concluded that the request for meets the Ordinance criteria, staff
recommends Alternative No.1, approval. In the event that the Planning Commission
approves the requested variance, the approval should be conditioned on installation of the
landscaping as depicted on the revised Planting Plan.
ACTION REQUIRED:
A motion adopting Resolution 9619PC approving the applicants' request for variance.
9627PC2.00C/CC
2
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
SITE:
Consider height variance for Cooperative Power
Association
Property located at the Southeast corner of Co. Rd. 42
and Timothy Avenue, legally identified as Part of the
NE 1/4 of the NE 1/4 of Sec. 30, Twp. 115, Range 21.
R. Michael Leek, Associate Planner
YES -X... NO
May 13, 1996
PRESENTER:
PUBLIC HEARING:
DATE:
INTRODUCTION:
The Planning Department received a variance application from Cooperative Power
Association (hereinafter Cooperative). Cooperative wishes to erect 4 steel poles with a
height of 60' instead of the 35' permitted under the Zoning Ordinance. As a part of the
project 2 existing poles would be replaced and 1 distribution pole, as well as the guy
wires would be removed. Cooperative has also proposed substantial, additional
landscaping on both the East and West sides ofthe property. The proposed changes are
part of a larger upgrade which will result in more reliable service for customers of
Cooperative, including Prior Lake residents. The overall project is described in attached
Exhibit A.
DISCUSSION:
The subject property is about 12,000 square feet in area, and is located in the Rl-
Suburban Residential Zoning District. The substation was constructed in 1985 under
Building Permit No. 1985-0302. About 5,000 customers are served by this substation.
The lot is substandard, measuring about 55 feet at the front, and containing about 8,200
square feet. The property is developed with a single family house with a building
footprint of about 961.44 square feet. The property does not currently have a garage.
The location of the proposed new poles, as well as the existing poles to be removed is
illustrated on the attached site plan. The applicant has also provided a "cross-sectional"
view illustrating the differences between the new and existing poles, as well as the
relative height of the trees to be planted as a part of this project.
As a part of its request, Cooperative proposes the installation of additional landscaping on
the site. (See attached "Planting Plan") Specifically, Cooperative proposes to install 21
trees. For illustrative purposes, if this project were subject to the City's landscaping
16200 ~8gl~~1e~'-s.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 4k7-4245
AN EQUAL OPPORTUNITY EMPLOYER
requirements, and based on 1 tree:40', 17 trees would be required. Minimum sizes would
be 2 1/2" caliper for deciduous and 6' for coniferous. The number proposed to be planted
is 4 greater than would be required, and the mix of plant materials includes some sizes
which are larger than would be required under the landscape provisions of the Ordinance.
The materials to be planted are according to the following schedule;
Type:
Number:
Size:
Amur Maple 6
Austrian Pine 7
Black Hills Spruce 3
Imperial Honeylocust 5
8' -10' balled and burlapped
6' balled and burlapped
6' balled and burlapped
2 1/2" balled and burlapped
Variance Hardship Standards:
1. Literal enforcement of the Ordinance would result in undue hardship with
respect to the property.
Cooperative provides an essential public service. In doing so, they are limited in making
changes by the size of the site. If the Ordinance were literally enforced, the applicant
would be foreclosed from making changes which would 1) increase the reliability of
electric service which in turn would be of benefit to its customers, including residents of
Prior Lake, and 2) reduce the visual clutter of the guy wires currently on the site, and
better screen the substation. For these reasons, literal enforcement of the Ordinance
would result in an undue hardship to the property.
2. Such unnecessary hardship results because of circumstances unique to the
property.
The small size of the site, as well as its location in an already developed portion of the
community are circumstances unique to this site which severely limit the options for
making changes to update service to Cooperative's customers.
3. The hardship is caused by provisions of the Ordinance and is not the result of
actions of persons presently having an interest in the property.
The hardship results from the application of the Ordinance to this limited site which is
involved in the provision of an essential public service.
4. The variance observes the spirit and intent of this Ordinance, produces
substantial justice and is not contrary to the public interest.
The proposed variance observes the spirit and intent of the ordinance in that it would
result in visual clutter on the site being reduced, would provide for better screening of the
9627V APC.DOC/RML
2
site from the adjacent residential and commercial uses, and would thus better integrate the
site into the surrounding area.
AL TERNA TIVES:
1. Approve the variance requested by the applicant, or approve any variance(s) the
Planning Commission deems appropriate in the circumstances.
2. Table or continue discussion of the item for specific purpose.
3. Deny the application because the Planning Commission finds a lack of
demonstrated hardship under the Zoning Ordinance criteria.
RECOMMENDATION:
Because staff has concluded that the request for meets the Ordinance criteria, staff
recommends Alternative No.1, approval. In the event that the Planning Commission
approves the requested variance, the approval should be conditioned on installation of the
landscaping as depicted on Planting Plan.
ACTION REQUIRED:
A motion adopting Resolution 9619PC approving the applicants' request for variance.
9627V APC.OOC/RML
3
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96-027VA
Glendale - Prior Lake
69kV Transmission Line
Cooperative Power Association * Transmission & Environmental Services * February 1996
~JI!!OPERATIVE
"'EwER
14615 Lone Oak Road
Eden Prairie. Minnesota 55344-2287
(612) 937-8599
.
Mlnnwota Valley EIeclric CoopemIw
20425 JOHNSON MEMORIAL DRIVE
PO. BOX 125
JORDAN. MN 55352
Project Need
The Line
intersection. Fewer poles will be
placed along Highway 13 than the
existing overhead distribution
circuit. Average spans will range
from 250 to 300 feet. Average
height of the poles is 65 - 70 feet.
This Project provides a second
source of power to Minnesota
Valley Electric Cooperative's
(MVEC) Prior Lake Substation.
The substation serves not only
existing loads but also new loads
recently established. New growth
is expected to continue to place
greater need for reliable power.
The second circuit is needed to
provide adequate and reliable
power to the growing areas served.
Route
Project Goal
The route was studied by the Co-
ops and NSP. After initial review,
the route was discussed with the
municipal planning staffs. The
landowners were also notified of
the plan to provide any input on
the proposed route. Alternatives
were limited once the decision was
made to start from the Glendale
Substation located at the
intersection of 138th Street and
Dakota Avenue.
To provide a reliable second
source of power for the Prior Lake
Substation.
The majority of the line that
Cooperative Power Association
(CP A) will construct will be built
using single shaft wood poles as
shown on the drawing. However,
steel poles will be used at the
Prior Lake substation and to turn
the comer at the northwest
quadrant Highway 13 and County
Road #42.
As a result of the project, MVEC
will place several lines of
distribution underground to
minimize visual impacts.
Overhead distribution as an
underbuild on the proposed 69kV
line is expected to be placed along
Highway 13, north of the
For electrical purposes, the route
begins at CPA's Glendale
Substation. From the substation,
the project double circuits NSP's
115k V transmission line for
approximately 1.2 miles, affecting
8 NSP poles, NSP will convert
their H-frame poles to a single
steel pole, with double circuit
davit arm construction,
fypical CPA Structure Along
State High'l,vay 13 showing
disrribution underbuild.
PROJECT l\'1AP &
SCHEDULE ON
BACK PAGE E?
EXHIBIT A
PROJECT MAP
-_C'o~
--...;~
....
.
D CPA Phase I
CP A Phase n
.
~
29 yo
~.
I
III NSPR~o~ctWn
. .
2 ·
Substations
Phase I Construction: NSP
Reconstruction & CPA/NSP Tap
Transmission Poles/rom Tap to
County Road #42.
Phase II Construction 1997: County
Road #42 into Prior Lake Substation
Easements
No easements are expected to be obtained
from residential home owners, NSP's
reconstruction will occur in existing right-
of-way. Cooperative Power will use
public right-of-way for placement of the
poles, and obtain maintenance and tree
trimming easements for their 1.2 miles,
While the 1.2 miles is currently
undeveloped., CPA has considered the
probable development alternatives for the
properties.
1996/7 PROJ'ECT
SCHEDULE
Design
March 1996
NSP Reconstruction Apri11996
Municipal Approvals March 1996
Start Construction
Phase I
Phase II
Completion
August 1996
Apri11997
May 1997
Ifyoll have any
questions contact:
Kevin Maas
Land Use Manager
Cooperative Power
14615 Lone Oak Road
Eden Prairie, Minnesota
55344-2287
(612)949-8287
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NOTICE OF HEARING FOR A VARIANCE FROM SECTION 5.1
OF THE ZONING ORDINANCE TO PERMIT THE INSTALLATION OF POLES
TO SERVE AN ELECTRICAL SUBSTATION, SAID POLES TO HAVE A
HEIGHT OF 70 FEET INSTEAD OF THE PERMITTED 35 FEET ON
PROPERTY LOCATED IN THE B1-LIMITED BUSINESS ZONING DISTRICT.
You are hereby notified that the Prior Lake Planning Commission will hold a hearing at
Prior Lake Fire Station #1, located at 16776 Fish Point Road SE (Southwest of the
intersection ofC.R. 21 and Fish Point Road), on: Monday, April 22, 1996, at 7:00 p.m.
or as soon theJeafter as possible.
APPLICANT: Cooperative Power Association
14615 Lone Oak Road
Eden Prairie, Minnesota 55344-2287
SUBJECT SITE: Part of the NE 1/4, of the NE 1/4 of Section 30, Twp. 115,
Range 21.
REQUEST: The applicant proposes the installation of 4 poles; 2 existing poles
are to be replaced and 1 existing pole and all "guy wires" are to be
removed.
The Planning Commission will review the proposed construction and requested variance
against the following criteria found in the Zoning Ordinance.
1. Literal enforcement of the Ordinance would result in undue hardship with
respect to the property.
2. Such unnecessary hardship results because of circumstances unique to the
property.
3. The hardship is caused by provisions of the Ordinance and is not the result of
actions of persons presently having an interest in the property.
4. The variance observes the spirit and intent of this Ordinance, produces
substantial justice and is not contrary to the public interest.
If you are interested in this issue, you should attend the hearing. Questions related to this
hearing should be directed to the Prior Lake Planning Department by calling 447-4230
16200 ~8~~P~~@k/~. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. The Planning
Commission will accept oral and/or written comments. Oral or written comments should
relate to how the proposed construction and requested variances are or are not consistent
with the above-listed criteria.
Prior Lake Planning Commission
Date Mailed: April 8, 1996.
96027PN.DOCIRML
2
RESOLUTION 96-19PC
A RESOLUTION GRANTING A 25 FOOT VARIANCE TO PERMIT THE
INSTALLATION OF 4 POLES HAVING A HEIGHT OF 60 FEET INSTEAD OF THE
PERMITTED 35 FEET AT THE SUBSTATION LOCATED ON PROPERTY
IDENTIFIED AS PART OF THE NE 11/4, OF THE NE 1/4 OF SECTION 30, TWP.
115, RANGE 21, SCOTT COUNTY, MINNESOTA.
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Cooperative Power Association has applied for a variance from Section 5 of the
Zoning Ordinance in order to permit the erection of 4 poles with a height of 60
feet at its substation located at the intersection of Timothy Avenue and Co. Rd.
42, in the RI-Suburban Residential at the following location, to wit;
THE NE 11/4, OF THE NE 1/4 OF SECTION 30, TWP. 115, RANGE 21,
SCOTT COUNTY, MINNESOTA.
2. The Board of Adjustment has reviewed the application for variance as contained
in Case 96-027V A and held a hearing thereon on May 13, 1996.
3. The Board of Adjustment has considered the effect of the proposed variance
upon the health, safety, and welfare of the community, the existing and
anticipated traffic conditions, light and air, danger of fire, risk to the public
safety, the effect on property values in the surrounding area and the effect of the
proposed variance on the Comprehensive Plan.
4. Because of conditions on the subject property and on the surrounding property, it
is possible to use the subject property in such a way that the proposed variances
will not result in the impairment of an adequate supply of light and air to
adjacent properties, unreasonably increase congestion in the public streets,
increase the danger of fire, and danger to the public safety, unreasonably
diminish or impair health, safety, comfort, morals or in any other respect be
contrary to the Zoning Ordinance and Comprehensive Plan.
5. The special conditions applying to the subject property are unique to such
property, and do not generally apply to other land in the district in which such
land is located. Among the conditions applying to the subject property, 1) that it
16200 1!8gt~<{92~me. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
is used for the provision of an essential public service, 2) the site is relatively
small, thus limiting placement of the proposed poles.
6. The granting of the variances is necessary for the preservation and enjoyment of a
substantial property right of the applicant. The variance will not serve merely as
a convenience to the applicant, but is necessary to alleviate demonstrable
hardship.
7. The contents of Planning Case 96-027 are hereby entered into and made a part
of the public record and the record of decision for this case. Pursuant to Section
5-6-8 of the Ordinance Code the variance will be deemed to be abandoned,
and thus will be null and void one (1) year from the date of approval if the holder
of the variance has failed to obtain any necessary, required or appropriate permits
for the completion of contemplated improvements.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby grants and
approves the following variances;
A 25 FOOT VARIANCE TO PERMIT THE INSTALLATION OF 4 POLES
HAVING A HEIGHT OF 60 FEET INSTEAD OF THE PERMITTED 35 FEET.
Adopted by the Board of Adjustment on May 13, 1996.
Richard Kuykendall, Chair
ATTEST:
Donald R. Rye, Planning Director
9619PC.DOC/RML
2
96-027VA
Glendale - Prior Lake
69kV Transmission Line
Cooperative Power Association * Transmission & Environmental Services * February 1996
a'JII!!OPERATIVE
EWER
14615 Lone Oak Road
Eden Prairie, Minnesota 55344-2287
(612) 937-8599
.
MIn__ Y8l1ey EIectrlc CcIopIqlM
20425 JOHNSON MEMORIAL DRIVE
PO. BOX 125
JORDAN, MN 55352
Project Need
The Line
intersection. Fewer poles will be
placed along Highway 13 than the
existing overhead distribution
circuit. Average spans will range
from 250 to 300 feet. Average
height of the poles is 65 - 70 feet.
This Project provides a second
source of power to Minnesota
Valley Electric Cooperative's
(MVEC) Prior Lake Substation.
The substation serves not only
existing loads but also new loads
recently established. New growth
is expected to continue to place
greater need for reliable power.
The second circuit is needed to
provide adequate and reliable
power to the growing areas served.
Route
Project Goal
The route was studied by the Co-
ops and NSP. After initial review,
the route was discussed with the
municipal planning staffs. The
landowners were also notified of
the plan to provide any input on
the proposed route. Alternatives
were limited once the decision was
made to start from the Glendale
Substation located at the
intersection of 138th Street and
Dakota Avenue.
To provide a reliable second
source of power for the Prior Lake
Substation.
The majority of the line that
Cooperative Power Association
(CPA) will construct will be built
using single shaft wood poles as
shown on the drawing. However,
steel poles will be used at the
Prior Lake substation and to turn
the comer at the northwest
quadrant Highway 13 and County
Road #42.
As a result of the project, MVEC
will place several lines of
distribution underground to
minimize visual impacts.
Overhead distribution as an
underbuild on the proposed 69kV
line is expected to be placed along
Highway 13, north of the
For electrical pwposes, the route
begins at CPA's Glendale
Substation. From the substation,
the project double circuits NSP's
115kV transmission line for
approximately 1.2 miles, affecting
8 NSP poles. NSP will convert
their H -frame poles to a single
steel pole, with double circuit
davit arm construction.
Typical CPA Structure Along
State Highway 13 showing
distribution underbuild.
PROJECT MAP &
SCHEDULE ON
BACK PAGE EF
EXHIBIT A
PROJECT MAP
.
~
29 ~
i.
. .
.
i f']) CPA Phase I
II CPA Phase D
. NSP Reconstruction
. Subetations
Phase I Construction: NSP
Reconstruction & CPA/NSP Tap
Transmission Poles/rom Tap to
County Road #42.
Phase II Construction 1997: County
Road #42 into Prior Lake Sub.5tation
Easements
No easements are expected to be obtained
from residential home owners. NSP's
reconstruction will occur in existing right-
of-way. Cooperative Power will use
public right-of-way for placement of the
poles, and obtain maintenance and tree
trimming easements for their 1.2 miles.
While the 1.2 miles is currently
undeveloped, CPA has considered the
probable development alternatives for the
properties.
1996/7 PROJECT
SCHEDULE
Design March 1996
NSP Reconstruction April1996
Municipal Approvals March 1996
Start Construction
Phase I
Phase II
Completion
August 1996
April 1997
May 1997
If you have any
.
questions contact:
Kevin Maas
Land Use Manager
Cooperative Power
14615 Lone Oak Road
Eden Prairie, Minnesota
55344-2287
(612)949-8287
COOPERATIVE
POWER
~
1 461 5 Lone Oak Road
Eden Prairie, Minnesota 55344-2287
(612) 937-8599 FAX (612) 949-1511
July 30. 1996
Mr. Don Rye
Director of Planning
16200 Eagle Creek Avenue SE
Prior Lake. Minnesota 55372-1714
Re: Height Variance for Cooperative Power - Resolution 96-19PC
Dear Mr. Rye:
Enclosed is the updated planting plan completed by Gene Ernst dated June
10. 1996 and marked issued July 25. 1996. The plan has been prepared in
connection with above variance requested and approved by the Planning
Commission.
Should you have any questions or concerns please telephone me at 949-8287.
Sincerely.
COOPERATIVE POWER
~c;ef--~ ~
Kevin G. Maas
Land Use Manager
kgm
enclosure
c: Mel Hentges. MVEC
h: \glendale \plvarsub.doc
An association of electric cooperatives
RECEIPT
\i ~ 2 91 0 6
O^TE~ .JS( C1(c
CITY 0 F
PRIOR LAKE
16200 EAGLE CREEK AVE. S.E., PRIOR LAKE, MN 55372
Received of &J0f20vtt-h~ fbt.W (lh1-1G,
whose address and/or legal description is
dollars
Reference Invoice No.
~?U~ ~
Receipt Clerk for the City of Prior Lake
$ 17~iiJ
.....-.... .------ -
~. ~-
Donald Rye
Planning Director
City of Prior Lake
16200 Eagle Creek Ave. SE
Prior Lake, MN 55372-1714
May 24, 1995
Mr. Kevin G. Maas
Land Use Manager
Cooperative Power
14615 Lone Oak Road
Eden Prairie, MN. 55344-2287
Dear Mr. Maas:
Regarding your letter of May 17 to Horst Graser, I should first inform you that Mr. Graser
is no longer with the City of Prior Lake. I have replaced him as Planning Director.
As to the transmission lines, any structure over 35 feet in height requires approval by
the Board of Adjustment through the variance process. This does involve a hearing
process.
I appreciate your offer to meet with us on this project and I would like to request that we
do so. We have some concerns about the aesthetics of the substation facility and this
may be a good oppportunity to discuss them with you.
Give me a call at 447-4230 to arrange a meeting. Thank you for the advance notice of
your proposed project.
SINCEREL Y,
Donald Rye
Director of Planning
COOPERATIVE
POWER
J 46 J 5 Lone Oal< Road
Eden Prairie, Minnesota 55344-2287
(612) 937-8599 FAX (6 J 2) 949- J 5 J 1
May 17, 1995
Mr. Horst Graser
Planning Director
City of Prior Lake
4629 Dakota Street SE
Prior Lake, Minnesota 55372-1714
Re: Proposed Transmission Line - Glendale to Prior Lake
Dear Mr. Graser:
Cooperative Power in association with Minnesota Valley Electric Cooperative and NSP
are planning a transmission project. The project will seIVe MN Valley's Prior Lake
Substation located west of the southwest intersection of County Road 42 and State
Highway 13.
While the majority of the project is located within the City of Savage, the proposed new
transmission lines will cross C.R. 42 into the Prior Lake substation. Therefore, new
transmission poles are expected to be located within the City of Prior Lake.
The purposes of this letter is to request information regarding your governing
ordinances. Exploratory questions that need to addressed include:
1) Do new transmission poles (over 65') require any type of conditional
use permit?
2) Are any Planning Commission or City Council approvals necessary?
3) Are any public hearings required, if a CUP in not required?
I have included a map of the proposed project and examples of the types of poles that
may be designed for the project. Since we are still in the planning phases of this
project, myself and representatives of MN Valley are available to meet with you to
discuss this important project. Completion of this project will greatly enhance
electric reliability in the MVEC service area. Please contact me at your convenience
after you have had a chance to review this request.
Sincerely,
~-4k~
Kevin G. Maas
Land Use Manger
Direct Dial 949-8287
enclosures
c: Mel Hentges, MVEC
Brad W., NSP
An association of electric cooperatives
MAY 13 '96 07:47AM COOPERATIVE POWER
P.1/1
FAX MAIL
HEADQUARTERS
14615 LODe Oak Road
Edell Prairie, MN 55344.-2187
6121937-8$99
MaIn FAX ~ 949-1511
DATE:May 13, 1996
TO: R. Michael Leek, City of Prior Lake
FROM: Kevin Maas
NO. OF PAGES (INCLUDING COVER SHEET): 1
COMMENTS: Michael. We look forward to tonight's planning
commission meeting. We appreciate staffs' support for our variance
application. The substation was upgraded in 1985 under the building
penn1t you mention in the report and was ortglnally constIucted in 1965.
Unless I hear from you, we w1l1 arrive by 8:00 PM tonight, knowing that
we take our own risk of misSing our position on the agenda. However.
it would appear that you have a good hour of items before our item.
Sincerely,
~~
Kevin Maas
949-8287.
WILL ORIGINALS FOLLOW: NO x
If you do not receive all pages, please contact: ~ at 612-949-8287 as soon as possible.
;:l:=:t~.~~~~:;~~~::::!:~!~,!I:~~~ilJ~5~~\~!t:j:;k.t:
::~~'~",::!~~~~~':,~u': a~~':h~;b,,':'n~tm\iCi,ih.t~~Y;:~~t~~D~~:,::~p~i'g;:{j'~lb~~~~;~.~~;;'~;;l.~~l:;~~;~~y":~'p,.t~~,
:"Il~~.~, 9Ir'tb,. ~~ten'tS::c.r ~he tet~opt~ .iDfOrlll~ti,~~ ~i~.t: I~ 4~~: ae,aI,\(~';tD "~"IQteDa~' reefP,i~fria8J~:.ab~Y~:
II .rrif,l~.Y pr.Dblbl~. . If YOIl'hne r.eeelvec:Lthii .fax:. Iii , error;plita.e. nodfY"141! ).Guq'i:id1aleay"by ',@lephoo.cfiJ.....ne. fOr'
.~;:urD:o{tii~origln~I:ct.~wn~~ts,~,a~..' :..:".:. . :::,:::.",:::.,;,.~.":..,:", :.. .:::~ ':::'" '." ".:,:... :.:....''''::. ':",,:.":,",.. ',.'.:...:'.'
~
FAX MAIL
HEADOUARTERS
14615 Lone Oak Road
Eden Prairie, MN 55344-2287
612/937-8599
Main FAX - 949-1511
DATE:April3,1996
TO: R. Michael Leek, City of Prior Lake
FROM: Kevin Maas
NO. OF PAGES (INCLUDING COVER SHEET):
COMMENTS: Michael, Thank you for taking the time to meet with me today. I am
providing you otIe fact sheet and some overheads I used for the transmission project in
Savage. The photo reproduction may take until Thursday afternoon. If one item
(photos) hold up he proeess we will deliver what we can Thursday AM. and balance as
soon as it is available.
THANK YOU KEVIN.
WILL ORIGINALS FOLLOW: YES, via US Mail x
If you do not receive all pages, please contact: Kevin at 612-949-8287 as soon as possible.
COOPERATJVE POWER
14615 LONE OAK ROAD
EDEN PRAIRIE, MN. 55344
Valley Surveying Co., F! A.
SUITE 120-C, 16670 FRANKLIN TRAIL
FRANKLIN TRAIL OFFICE CONDOMINIUM
PRIOR LAKE, MINNESOTA 55372
TELEPHONE (6/2) 447-2570
... - --
North line of the NE 1/4 of the NEI /4 of 30-115-21
WEST
-- 150.00--
I \
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CO. ROAD NO. 42 (140TH STREET)
formerly CO. ROAD NO. 76
GATE
-- - 150.00 ---
DOC. NO. 199905
AVENUE
TeIllpllClM
BOIl~
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XCEPTION PER
COMMERCE
96-027VA
J 461 5 Lone Oal< Road
Eden Prairie, Minnesota 55344-2287
(612) 937-8599 FAX (612) 949-15 J 1
rrm rn <s ~ 0 \\17 @ ,[j11
\\ c/)\ ": 1:
\ \ t\ \ j MAR 2 '1996 . ,
lU~LI~J
COOPERATIVE
POWER
March 20,1996
Mr. R. Michael Leek
Associate Planner
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372-1714
Re: Application for Variance - Cooperative Power AssociationIMN Valley Electric Cooperative
Dear Mr. Leek:
Cooperative Power Association hereby applies to the City of Prior Lake for a variance to Section 4
of the City's Zoning Ordinance. The purpose of the variance request is to construct transmission
poles 70 feet in elevation; 5 feet higher than the standard. The transmission poles are proposed to
be located on property owned by Minnesota Valley Electric Cooperative (the "property"). The
property is occupied by a distribution substation serving Prior Lake and the surrounding area. The
substation is located southeast of the intersection of Timothy Lane and County Road 42.
Four steel transmission poles are proposed to serve the substation. Three existing transmission
wood poles and guys will be removed as a result of the project. Two distribution wood poles and
guys will also be removed and converted to underground distribution lines. --,
The need for the project is a result of increased reliability in the area as well as anticipated
development in the surrounding area. The reliability of the transmission service to the Prior Lake
substation will be greatly enhanced as a result of the project.
We anticipate appearing before the Planning Commission on April 22, 1996. Further submittals
will be made after we discuss the merits of our proposal. After you have had a chance to review
this material, please call me to schedule a time for us to meet with you. We look forward to
working with you and the whole staff on the presentations to the Planning Commission and City
Council.
Sincerely,
~< ,r---Vf
~~I
Kevin G. Maas
Land Use Manager
Direct Dial: 949-8287
[/L4il~
kgm
Enclosures
h:\glendale\leekl.doc
An association of electric cooperatives
NEW ABSTI'fACTS ..
CONTINUATIONS
CLOSING SERVICE
ctb()~l ML
REGISTERED PROPERTY ABSTRACTS
TITLE INSURANCE
RECORDING SERVICE
SCOTT COUNTY ABSTRACT AND TITLE, INC.
223 HOLMES STREET, P.O. BOX 300
SHAKOPEE, MINNESOTA 55379
David Moonen and Dale Kutter
Telephone: (612) 445-6246
FAX: (612) 445-0229
February 22, 1996
Cooperative Power Association
14615 Lone Oak Road
Eden Prairie, MN 55344-2287
To Whom it may concern:
According to the 1996 tax records in the Scott County Treasurer's office, the
following persons are listed at the owners of property which lies within 100
feet of the following described property:
That part of the Northeast Quarter of the Northeast Quarter of Section 30,
Township 115, Range 21, Scott County, Minnesota described as follows:
Beginning at a point on the north line of said Northeast Quarter of the
Northeast Quarter distant 570.5 feet west of the northeast corner thereof;
thence West along said north line 150.0 feet; thence South 00 degrees 43 minutes
57 seconds East a distance of 233.0 feet; thence East parallel with said north
line 150.0 feet; thence North 00 degrees 43 minutes 57 seconds West a distance
of 233.0 feet to the point of beginning.
Excepting therefrom the south 50.00 feet per document No. 199905, Scott County
Recorders Office.
For the purpose of this description the north line of said Northeast Quarter
of the Northeast Quarter is assumed to be a due east and west line.
VINCENT MOLSON
14040 TIMOTHY AVE NE
PRIOR LAKE MN 55372
JOHN L MARCHESSAULT
14061 TIMOTHY AVE NE
PRIOR LAKE MN 55372
MARK F EWERT
14056 NATALIE RD NE
PRIOR LAKE MN 55372
JAMES REFRIGERATION CO
PO BOX 24137
EDINA MN 55408
JOHN E & VICKI M WHITE
14077 TIMOTHY AVE NE
PRIOR LAKE MN 55372
RIVER BLUFFS OF PRIOR LAKE
PO BOX 369
PRIOR LAKE MN 55372
Page 1 of 2
MEMBER MINNESOTA LANg TITLE ASSOCIATION
AGENT FOR CHICAGO TITLE INSURANCE COMPANY
RAYMOND L & JO CONNELLY
3117 135TH CIRCLE W
BURNSVILLE MN 55337
DEL H EINESS
7500 EDINBOROUGH WAY #320
MPLS MN 55435
SUPERAMERICA STATIONS INC
% TAX DEPT
PO BOX 14000
LEXINGTON KY 40512
CITY OF SAVAGE
CITY ADMINISTRATOR
6000 MCCOLL DRIVE
SAVAGE MN 55378
SCOTT COUNTY ABSTRACT AND TITLE, INC.
()/. ?/'~
David E. Moonen
President
1,1~
Page 2 of 2
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SURVEY PREPARED FOR:
COOPERATIVE POWER
14615 LONE OAK ROAD
EDEN PRAIRIE, MN. 55344
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30
II
IN
Valley Surveying Co., F?A.
SUITE 120-C, 16670 FRANKLIN TRAIL
FRANKLIN TRAIL OFFICE CONDOMINIUM
PRIOR LAKE, MINNESOTA 55372
TELEPHONE (612) 447 - 2570
- - --
...
North line ofthe NE 1/4 of the NEI/4 of 30.115-21
WEST
--150.00--
( 140 TH
NO. 76
STREET)
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CO. ROA D NO. 42
formerly CO. ROAD
~Iephane
BOll~
GATE
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XCEPTION PER
COMMERCE
DOC. NO. 199905
AVENUE
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That part of the Northeast Quarter of the Northeast Quarter of Section 30,
Township lIS, Range 21, Scott County, Minnesota described as follows:
Beginning at a point on the north line of said Northeast Quarter of the
Northeast Quarter di.stant 570.5 feet west oftht:! northeast corner thereof;
then;;e West along said hOlth line 150.0 feet; thence South 00 degrees 43 minutes
57 seconds East a distance of 233.0 feet; thence East parallel with said north
line 150.0 feet; thence North 00 degrees 43 minutes 57 seconds West a distance
of 233.0 feet to the point of. beginning. Subject to an easement over the north
33.0 feet thereof for County Road No. 76.
Excepting therefrom the south 50.00 feet per document No. 199905, Scott County
Recorders Office.
For the purpose of this description the north line of said Northeast Quarter of
the Northeast Quarter is assumed to be a due east and west line.
60
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monument s.t and marked by
LIcense No 10/83
. Denotes iron monument found
!.t Pt'rl!Jt.~ r ". Nod set
WEST
---570.5 ---
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30- 115 - 21
Fd. Scott Co
Monument
I hereby certify that thiS survey was prepared
by me or under my direct superVISion and that
I am a duly lIcensed Land Surveyor under the
. [~~t"'2?;;t1'a/...
Dare ;~ License No 10/83
FILE No
8223
BOOK
210
PAGE 32
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