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Home My WebLink About96-071 Imp Sur Variance - Withdrew PLANNING REPORT AGENDA ITEM: SUBJECT: SITE: PRESENTER: REVIEWED BY: PUBLIC HEARING: DATE: CONSIDER IMPERVIOUS SURFACE VARIANCE FOR DAVID SMITH 2950 SPRING LAKE ROAD (CR 12) JANE KANSIER, PLANNING COORDINATOR DONALD R. RYE, PLANNING DIRECTOR YES l NO AUGUST 26, 1996 INTRODUCTION: On August 12, 1996, the Planning Commission tabled action on this variance application to obtain additional information from the staff. Specifically, the Commissioners wanted information on whether or not a gravel driveway was included in impervious surface. The definition of impervious surface in the Zoning Ordinance is as follows: "The portion of a buildable parcel which has a covering which does not permit water to percolate into the natural soil. Subject to the following exceptions, these structures and materials shall constitute impervious surface: Paved Driveways and Walkways of greater than three feet in width; Paved Patios; Covered Decks and other Structures. The following structures and materials shall be exempt from the calculation of impervious surface: Decks or Patios which are open to the sky and have open joints of at least 1/4 inch allowing the percolation of water; Paved walkways or other structures of three (3) feet in width or less. All such structures and materials shall be documented by a Certificate of Survey unless exempted from this requirements by the Zoning Administrator. " While a gravel driveway is not specifically listed, the constant use of this surface will cause the gravel to become packed down and will not allow the percolation of water. For this reason, the staff has always interpreted impervious surface to include gravel driveways. It must also be noted that if the Planning Commission chooses to exempt a gravel driveway in this case, a variance to the requirement that all driveways be paved will be necessary. The City Engineer has also reviewed the question of water quality and wetlands on this site, and offers the following comments: 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER . The surface water drainage on the front yard area of the lot drains to a culvert and ditch system that conveys the water in an easterly direction to a culvert that crosses Spring Lake Road. The culvert conveys the water directly to Spring Lake. . The surface water drainage on the back half of the lot drains overland to a 20:t acre wetland. The 20 acre wetland drains overland across the adjacent vacant lot to the culvert that crosses Spring Lake Road. . There does not appear to be any easy locations in this area to construct water quality or rate reduction ponds. The vacant lot to the east of this site is a wooded lot that is for sale. . The 1994 daily traffic volume on Spring Lake Road west of Howard Lake Road was measured at 1350 trips per day. It is marginal if this is a high enough traffic volume to require the homeowner to construct a turnaround in the driveway. Along Spring Lake Road, some of the houses have turnarounds and others do not. This house is located on a fairly straight section of Spring Lake Road, so visibility is good. . The City requires new streets, parking lots and driveways to be constructed with bituminous or concrete surfaces. Gravel surfaces require more maintenance and the gravel can erode and contribute to degradation of the water quality of our ponds and lakes. ALTERNATIVES: 1. Approve the variance requested by the applicant, or approve any variances the Planning Commission deems appropriate in the circumstances. 2. Table or continue discussion of the item for specific purpose. 3. Deny the application because the Planning Commission finds a lack of demonstrated hardship under the Zoning Ordinance criteria. RECOMMENDATION: Because staff has concluded that the request does not meet the Ordinance criteria, staff recommends Alternative No.3, denial. If the Board of Adjustment finds that this request meets the applicable criteria, approval of this variance should be subject to the condition that the garage and driveway addition be drawn on the certificate of survey by a registered land surveyor, along with the dimensions and distances from the lot lines. 96071 pc2.doc 2 ACTION REQUIRED: A motion adopting Resolution 96-27PC denying the applicant's request for variance. 96071pc2.doc 3 """^- 1IL- ~~ ~O\X5~ - Z! o 'NA6i BG;~ NPARY-' ~., ,,' .3/~ r'?-::=,Z f . s ~o f'l '\I ~ \~ ;; ~~v I} ~"V + --'1...--'-~..~,--...._.... (~/9. 01) CD ~ '"' " CO -- ~r y ';::.'5 ~ ~ "'- .,. le"?I DA) " '- -.,~, 1 U\TC. \-\ ?R~)P~R~" ~E8c~rp'rlON 1..0 t 5 2 -: .;. 2 ~ 'nUTTERNUT BE^CH" )(/ " ~. ~ X/ ~^' CERTIFICATE OF -^"--- 101. 70 I I i ! , I \';000 I I ! I I O'/E SJi710' PrAM,!! I Q L......'E .:..t../ IJ'q., I :rr. 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J,~ ':;r.. 0f t~) .:;0 l)enc~es irsn ~onljment ~et :)enctes i.cC'n 'ncn1.lment E0und ~enotes ~oncr~t~ sl~o ;Jenot~s eXIsting spot elev~tjon ~~n0tes pr.)poscd ~]~va~i01' Spi;':~ in ::'()'N~'r pol~ lor;3t:"'!d in t:.he i1nr::-.;'1'....e5~ '1!:atjr3nt. "f ~lor:':l\./o(";d RO-::!~Jnd ;";)9::' Lng ~,ak~ RO.:ld S;ev~~lon 122.45 ~.G.'!.:). SC:'L:: r ? :0 #-~> /?~'~I~':'S:"'~, '9, '~:g~ fI' '~!2'1~:~7 ~ G.X HO~Se.. ~ L ;:1. . ; . ~ - 1: r her::oin' ,-C?r::i::,' t~:'lt tht~ ':;lIr...~y. :d;'ln IJr ~er.ort. .....'s :"Ir'?O.lr'!d hv :TIp. -'r '1!"lder :n~' rlirect 5uper...is-;."n :~~~,,:h~~~! l~:<',,;"~:;~ '~~~~:~:~d'1;~~~s,:'::.~.vor f \~b 7 ~~2 ,7. ~L \i ~ :::"'~~6..~~ ",too. :~m~~ ~. .~n~r',~'~ ~r 1:1~~ ..t-!.P'</1- :.::1.. 80ERH,\VE LAND SURVEYING. INC. iJ.Zo1.1 'v1ilOiuI Circle ,'1 E. : 1;':e. \tinne''<ot:t (~,~: i< i 2.J.4~-')1 ~4 -N I II '" =-C'=~ --~ dO zo "'7/ , .<7 :> (' ~.~ )r:c; \...o~ \.... <:;0\1 \ ... <:;0\1' '\ COUNTY OF SCOTT .. . .. ' flRDf'ftt'i .. AGENDA ITEM: SUBJECT: SITE: PRESENTER: REVIEWED BY: PUBLIC HEARING: DATE: INTRODUCTION: PLANNING REPORT 4B CONSIDER IMPERVIOUS SURFACE VARIANCE FOR DAVID SMITH 2950 SPRING LAKE ROAD (CR 12~ V JANE KANSIER, PLANNING COOROlNA T~ A / DONALD R. RYE, PLANNING DIRECTOR ~ YES l NO AUGUST 12, 1996 The Planning Department received a variance application from Mr. David Smith. Mr. Smith wishes to construct a new, attached garage as shown on the attached survey. The proposed garage, along with the driveway leading to the garage, requires a variance to permit an impervious surface of 34% instead of the maximum 30% allowed. DISCUSSION: The subject property is zoned R 1-Suburban Residential and is located in the SD- Shoreland District. The subject property was originally platted as a part of Butternut Beach, which was platted in 1926. The property is currently developed with a house with attached garage. The legal building envelope on the property which results from the applicable front and rear yard setbacks is about 8 feet deep. On June 10, 1996, the Board of Adjustment considered an application from Mr. Smith for several variances that would allow him to construct an attached garage. On June 24, 1996, the Board approved Resolution 9622PC, granting an 18' variance to permit a 67' setback from the centerline of Spring Lake Road rather than the required 85 feet (see attached resolution). This variance essentially allowed Mr. Smith to build a 26' by 24' attached garage on the east side of the dwelling. Unfortunately, the original variance application did not include a request to increase the permitted amount of impervious surface. Also, the certificate of survey submitted did not include the area of the new garage and driveway in the impervious surface calculation. This omission was discovered when Mr. Smith made an application for a permit to construct the new garage. Therefore, Mr. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Smith is requesting a variance of 4% to allow a total impervious surface coverage of 34 percent. VARIANCE HARDSHIP STANDARDS: 1. Literal enforcement of the Ordinance would result in undue hardship with respect to the property. This criteria goes to whether reasonable use can be made of the property if the Ordinance is literally enforced. It also goes to whether the applicant has legal alternatives to accomplish to the requested variance. Arguably, Mr. Smith currently has reasonable use of the property with the existing house and garage. Moreover, Mr. Smith also has alternatives for the expansion of the garage which would not require a variance to the impervious surface. For example, a garage addition measuring 10' by 22' could be constructed along with the driveway area, which would not exceed the 30% impervious surface. 2. Such unnecessary hardship results because of circumstances unique to the property. Because staff has concluded that reasonable use exists, there is no unnecessary hardship. 3. The hardship is caused by provisions of the Ordinance and is not the result of actions of persons presently having an interest in the property. Any hardship which exists results from the Mr. Smith's desire to have an oversized 3-car garage and not from the provisions of the City's Zoning Ordinance. 4. The variance observes the spirit and intent of this Ordinance, produces substantial justice and is not contrary to the public interest. The intent of the Ordinance is to insure reasonable use of property which conforms with at least the minimum standards set by the community in its Ordinance. In some measure this means that the level of development of any parcel of land is dependent on its particular characteristics, and that any parcel should not be overdeveloped. The proposed project does not meet this intent, in that it provides perhaps more development than should reasonable be accommodated on the subject site. At TERNA TIVES: 1. Approve the variance requested by the applicant, or approve any variances the Planning Commission deems appropriate in the circumstances. 96071 pc. doc 2 2. Table or continue discussion of the item for specific purpose. 3. Deny the application because the Planning Commission finds a lack of demonstrated hardship under the Zoning Ordinance criteria. RECOMMENDATION: Because staff has concluded that the request does not meet the Ordinance criteria, staff recommends Alternative No.3, denial. If the Board of Adjustment finds that this request meets the applicable criteria, approval of this variance should be subject to the condition that the garage and driveway addition be drawn on the certificate of survey by a registered land surveyor, along with the dimensions and distances from the lot lines. ACTION REQUIRED: A motion adopting Resolution 96-27PC denying the applicant's request for variance. 96071 pc. doc 3 ~ ..~~. 1tf~~t-D Planning Case File No. Property Identification No. City of Prior Lake LAND USE APPLICATION 16200 Eagle Creek Avenue S.E. / Prior Lake, Minnesota 55372-1714 / Phone (612) 447-4230, Fax (612) 447-4245 Type of Application: o Rezoning, from (present zonin~) 1- to (proposed zonin~) ! 0 ,Amendment to City Code, Compo Plan ~r City Ordinance 10 S~bdivision of Land o Administrative Subdivision o Conditional Use Permit rf^ Variance Brief description of proposed project (attach additional sheets~t)ve if desire~ c../ / _~f,-L) ~6cJ" ~ / () ~ W,(::/C ~~ ~ / Applicable Ordinance Section(s): AP.Plicant(S): ''/,t)01'' ~~t-f~. Address: ~/:,)'1() ~ir/'7~ L:.ALc Home Phone: /;tJ~ 9~2... /4( Work Phone: Property Owner(s) [If different from Applicants]: Address: !17<'f /J 7~) .2.. q fj~-f1-"r )..1,..;.7 B~ ~ Home Phone: " Work Phone: Type of Ownership: Fee _ Contract for Deed _ Purchase Agreement ~ Legal ne~cription o(Property (Attach a copy ifthere is not enough space on this sheet): /.c-r1 :2 7 J ,2<:( .5vr!-/&/ #4 % tAL /, To the best of my knowledge the information procided in this application and other material submitted is correct. In addition, I have r~ad the relevant section" of the Prior Lake Ordinance and procedural guidelines, and understand that a~ will not b essed until deemed complete by the Planning Director or assignee. ~ , ~/~~ Date Fee Owner's Signature Date THIS SPACE TO BE FILLED IN BY THE PLANNING DIRECTOR OR DESIGNEE PLANNING COMMISSION CITY COUNCIL APPROVED APPROVED DENIED DENIED DATE OF HEARING DATE OF HEARING CONDITIONS: Signature of Planning Director or Designee Date NOTICE OF HEARING TO CONSIDER A 4% VARIANCE TO PERMIT IMPERVIOUS SURFACE COVERAGE OF 34% INSTEAD OF THE PERMITTED 30% FOR THE CONSTRUCTION OF A GARAGE AND DRIVEWAY ADDITION ON PROPERTY LOCATED IN THE R1-SUBURBAN RESIDENTIAL DISTRICT AND THE 50- SHORELAND DISTRICT AND IDENTIFIED AS 2590 SPRING LAKE ROAD You are hereby notified that the Prior Lake Planning Commission will hold a hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road SE (Southwest of the intersection of C.R. 21 and Fish Point Road), on: Monday, August 12,1996, at 7:00 p.m. or as soon thereafter as possible. APPLICANT: David Smith 2590 Spring Lake Road Shako pee, Minnesota 55379 SUBJECT SITE: Lots 27 and 28, BUTTERNUT BEACH, Scott County, Minnesota. REQUEST: The applicant proposes the construction of a garage and driveway addition which would result in the impervious surface coverage of the lot to be 34% of the lot area, instead of 30% as permitted in Section 9.3 (8,1) of the Zoning Ordinance. 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: August 1, 1996 9607Jpn.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ,--0-1\ Go\J\~ Go\1' '\ COUNTY OF SCOT T ?RDfftn' -- .--. : ::::::=----- - ---=---== " ;i CE RTIFICA TE OF SU RVEY /9/80/) 101.70 I I I 'VMD~ bIJ.o . ~/7 zj/ r--- -.'.- r--'~Z'~ , -, <D <t <!i CD " '<i N O}/E SToRY h?AH,E O~""""'EL.L/J./q. '1'" 25'10 DC'~Q.. ,_"\"u... 19 Z-f Z'7) '1'/0 qAt< ~ i-f-(-.. ;-T~,~t~ ~ A1"':'9rr",~".[ N \\0 '; \"7 . &""/1. A. GO ZI. 8<) :';c!~O .- 'j '<:::I..... . :"1' . {f. :'r'; " '" '. ,-;-.1 - ~/ r ---=--, L.-":..: :() m <t 'Xl fO.,5 ~ ~ , / I '., (9/9 !5?) " i1o. '20.20- 13/,T7.IHI- "'us ----- \ ~'T__~ ElJ<;'E or __ 3rT ;,,/ 9-::~_Z _-1- . COUNTY ( SPRING ROAD LAKE NO. /2 ROAD) 'i. L3r:: / ?ZI'8', y'- . PROP~R1"! nESCRTP'flQN ~rea of hntlSe ~l'~ ~ar~ge Ar~a or c~ncret~ ~rIV~ 11 q" SCj. ft. :~ j.. ;.;(: Lots 2: & 2~ 'RUTT~RNUT B~^CHn Accarriing ~0 the cecord~d ?iat thereof Sc~tt Countv. ~inn~~ota ~"t:e' . J." [mDe~V10IJS ~~e~s ~s ~ nerspnt~(1€ __ . 4 -; 1; of the Ie'': ;-;:-",?':::- . ;)enotes t re,n :nonument fQund ~ I o IJenates iron monllment ~et ( '?Z!.80.J :)~not'2S eXlsting spot elevation -N I Il Denotes concret~ sLab J nenotes proposed ~Javati0!' ?PNCrli'/lA?K seAL:: iN FEET r 1 J 10 -zo 1/0 Spl~~ in e,()'dt?t: poj~ l.or.:;:;t:?d in t.he nnr~hwest 11.ladrant 0f r1orthwood Road .3nd spring [,ake Road E~evotlon 922.45 N.G.~.D. 1424] \-1iIOk~ Circle ,'iF.:. PriM l:J.ke, ~"1inne...ot;l. 553"72 F 12-.145.<)154 r here~1V ~erti~y th~t thls ~llrv~y. pl~n or ~ernrt -...'as :1re[1.:1red hy me nr 'inder my r-Jirect supero.'ision ,1no th.:lt 1 .1ml rh:l'! ~t:>:gistered L;md Sllr"eyor 'lndpf ~_~e 1,:1,".,15 r)f :;: ~;t;Jte ,.,f ~innesnt=1. / 1..--' /2. /) _ ~~6,/~~ I I ffcn-;, /~r:x.';:~-~s~.'/~ \9; .":9~ ,t/ "tr2~~?~:Y BOERHA VE LAND SUR VEYING, INC. ;.tIT1.ff' ~);1 ~ <;> c '~0""rh;l:p ~r..~ ,P..P'</L /'?.. ;' 9r6 :;>,('?': ()OO:; File No. 96-040 Variance 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. Resolution 96-22PC X on file in the office of the City Planner, City of Prior Lake. Dated this2j}ihday of \ _L t /L tf) .-' ,1996. I ( 'J 2~7L\R40 Doc. " \ . > ~ w . . ,~.' ,","{City Seal) . " . .-) . by Deputy , ' -;... ~". . ~ . / 16200 l!~~fPCRRfu Ave, S,E" Prior Lake, Minnesota 9'5~2-1714 / Ph, (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER RESOLUTION 9622PC A RESOLUTIONAPPROVING A REQUEST FOR THE FOLLOWING VARIANCE 1. AN 18 FOOT VARIANCE TO PERMIT A 67 FOOT SETBACK FROM THE CENTERLINE OF SPRING LAKE ROAD RATHER THAN THE REQUIRED 85 FEET; ALL RELATED TO A PROPOSAL TO CONSTRUCT A GARAGE ON PROPERTY LOCATED AT 2590 SPRING LAKE ROAD. BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. David Smith has applied for a variance from Section 9 of the Zoning Ordinance in order to permit the construction of an attached garage on property located in the RI-Suburban Residential zoning district and the SD- Shoreland District at the following location, to wit; 2950 Spring Lake Road, legally described as Lots 27 and 28, BUTTERNUT BEACH, Scott County, Minnesota. 2. The Board of Adjustment has reviewed the application for variance as contained in Case 96-040V A and held a hearing thereon on June 10, 1996. 3. The Board of Adjustment has considered the effect of the proposed variance upon the health, safety, and welfare of the community, the existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, the effect on property values in the surrounding area and the effect of the proposed variances on the Comprehensive Plan. 4. The request meets the Ordinance criteria, in that reasonable use of the property cannot be made without the requested variance. 5. The granting of the variances is necessary for the preservation and enjoyment of a substantial property right of the applicant. The variances would not serve merely as a convenience to the applicant but is necessary to alleviate demonstrable haedship. 16200 ~g~1~CC?-~~(PJ\ve. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 6. The contents of Planning Case 96-040V A are hereby entered into and made a part of the public record and the record of decision for this case CONCLUSION Based upon the Findings set forth above, the Board of Adjustment hereby approves the requested variance. Adopted by the Board of Adjustment on June24, 1996. (!;;TE.ST:, I . I I l~ Donald R. ye, ~ Richard Kuy en 9622PC.DOC/DR 2 RESOLUTION 9627PC A RESOLUTION GRANTING A VARIANCE TO PERMIT THE CONSTRUCTION OF A GARAGE AND DRIVEWAY ADDITION WHICH RESULTS IN AN IMPERVIOUS SURFACE OF 34% INSTEAD OF THE MAXIMUM 30 PERCENT BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. David Smith has applied for a variance from Section 9.3 (B, 1) of the Zoning Ordinance in order to permit the construction of a garage addition and driveway on property located in the R-l (Suburban Residential) District and the SD (Shoreland Overlay) District at the following location, to wit; 2590 Spring Lake Road, legally described as Lots 27 and 28, Butternut Beach, Scott County, Minnesota. 2. The Board of Adjustment has reviewed the application for variance as contained in Case #96-071 and held hearings thereon on August 12, 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 on property values in the surrounding area and the effect of the proposed variances on the Comprehensive Plan. 4. The request does not meet the Ordinance criteria in that reasonable use of the property can be obtained if the ordinance is literally applied, and legal alternatives exist for the construction of a garage addition without a variance. 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. 6. The contents of Planning Case 96-071 are hereby entered into and made a part of the public record and the record of decision for this case. 96-071va\res9627.doc 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER CONCLUSION Based upon the Findings set forth above, the Board of Adjustment hereby denies the requested variance to allow a garage and driveway addition which would result in an impervious surface of 34% instead of the maximum 30 percent. Adopted by the Board of Adjustment on August 12, 1996. William Criego, Chair ATTEST: Donald R. Rye, Planning Director 96-071 va\res9627 .doc 2 E~ &nn~ t/-;y/ /9 (c Variance for David Smith 2590 Spring Lake Road The surface water drainage on the front yard area of the lot drains to a culvert and ditch system that conveys the water in an easterly direction to a culvert that crosses Spring Lake Road. The culvert conveys the water directly to Spring Lake. The surface water drainage on the back half of the lot drains overland to a 20i acre wetland. The 20 acre wetland drains overland across the adjacent vacant lot to the culvert that crosses Spring Lake Road. There does not appear to be any easy locations in this area to construct water quality or rate reduction ponds. The vacant lot to the east of this site is a wooded lot that is for sale. The 1994 daily traffic volume on Spring Lake Road west of Howard Lake Road was measured at 1350 trips per day. It is marginal if this is a high enough traffic volume to require the homeowner to construct a turnaround in the driveway. Along Spring Lake Road, some of the houses have turnarounds and others do not. This house is located on a fairly straight section of Spring Lake Road, so visibility is good. The City requires new streets, parking lots and driveways to be constructed with bituminous or concrete surfaces. Gravel surfaces require more maintenance and the gravel can erode and contribute to degradation of the water quality of our ponds and lakes. V ARSPLK.DOC ---~ 'J ~ Vote taken signified ayes by Vonhof, Wuellner, Criego, Kuykendall and Stamson. MOTION CARRIED. B. Case 96-071 - Dave Smith, requesting an impervious surface coverage of34% for the construction of a garage and driveway for the property at 2950 Spring Lake Road. Kansier presented the information from the Staff Report dated August 12, 1996. Staff recommends denial of the request due to the lack of demonstrated hardship. The DNR report pointed out Minnesota Rules limits impervious surface to 25% of the lot in a shoreland district while the City allows 30%. Dave Smith, 2590 Spring Lake Road, said the neighborhood lots are similar. The lots were platted before the City Ordinances were in place. He also pointed out he lives on a sharp comer where there is heavy traffic and is safer for him to back around in the driveway. The garage was approved. Jim Winegar, 2591 Spring Lake Road, a neighbor, explained Mr. Smith's situation. He pointed out neighbors have had variances granted and Mr. Smith's request is consistent with the neighborhood. The hardship is from the aspect from public safety. Many people speed in the area. He is aware of the DNR criteria. Mr. Smith does have a home business and the neighbors would appreciate him storing his equipment in a garage. Mr. Smith has worked hard to improve the property and the proposed addition would further improve it. Comments from Commissioners. Stamson: . He understands the applicant and neighbors, but the standards have not been met. . The house and garage meet the livable use area. There are other legal options. Wuellner: . The property is substandard. The Commission approved the garage because it was consistent with the neighborhood and would not detract from the properties in the area. . If the Commission had this same information at the previous hearing the design would have to be changed to meet the impervious surface standards. . The garage area and driveway could be reduced. Impervious surface coverage is important. . Kansier responded the City requires a paved driveway and a gravel driveway is still impervious surface coverage. V onhof: . The City did not see there was an impervious surface issue and did not address it at the first meeting. . Impervious surface is a big issue. If there is some way to reduce the size of the driveway and get it down to 30% the Commission could look at that more favorably. The City standard for impervious surface is 30%. PAGEl .. Kuykendall: · The impervious surface requirements are important. Would lean toward 25%. This is unique. · Need clarification of gravel for impervious surface. · Redesign the driveway. Be creative to allow applicant a way to build his garage. · Wingard said the wetland in the back of the property runs into marsh and the front yard into Spring Lake. · Kansier read the provisions from the ordinance. · Suggest tabling to get staffs definition of a gravel driveway and look at another way of looking at the situation. Wuellner: · Hesitates to approve a variance because the Commission has never granted a 3 car garage as a necessity. Criego: . If the facts were known at the first hearing, the Commissioners would have not allowed the 34% impervious surface. . Commissioners would like to have the applicant build, but the impervious surface has to be reduced. . Does not meet the hardship with a 3 car garage. · The Commissioners do not have to study the issues. Mr. Winegar pointed out previous commissions allowed hammerhead driveways so a person cannot back out into the traffic. Mr. Smith said the garage was approved and he needs the room for his snowmobiles and motorcycles. He has already gone ahead and spent money and reconstructed his yard under the assumption this could be built. Mr. Smith feels there is nothing in the ordinance that says he cannot have a gravel driveway. V onhof explained the variance granted was for garage setbacks with the understanding applicant build the garage and stay within the impervious surface coverage. Applicant can build the garage and make the driveway narrower. MOTION BY KUYKENDALL, SECOND BY WUELLNER, TO CONTINUE THE MATTER TO THE NEXT MEETING WHEN CLARIFICATION BY STAFF CAN BE MADE REGARDING GRAVEL REQUIREMENTS. Vote taken signified ayes by Kuykendall, Wuellner, Stamson and Vonhof. Criego nay. MOTION APPROVED. C. Case 96-067 - Eagle Creek Villas request a 21 foot front yard variance for properties at 4170-4176 CJ Circle. Jane Kansier reviewed the Staff Report dated August 12, 1996. Staff recommends approval of the requested variance. Circumstances surrounding this property are somewhat unique and the hardship criteria had been met. MN081296.DOC PAGE 4 . There is a written agreement between the applicant and Knob Hill. The major concern is for the Garling property. The City does not need another stub street. Prefer to see the developments work together as opposed to a free standing - no connection development. This is not an ideal situation. Criego: . Applicant attempted to show the bigger picture in the development and are trying to work together. It is a difficult issue. No harm in approving the development as it stands. . Would like to see verbiage eliminating the temporary connection to CR 42. Wuellner: . The whole plan is predicated on what might happen in the future. . Wingard said the Knob Hill and Maple Hill Second Addition will be developing together. Stamson: . Change the stub street to a temporary turn around. . By design if the Knob Hill development completes consider the variance to the cul-de-sac. . Potential for a lot of traffic and snow plows not being able to turn around. . Concern for pond and grading. Under Condition #4 - applicants would have to redesign the pond. . Wingard said there is an existing easement on the Church property. MOTION BY CRlEGO, SECOND BY VONHOF, TO APPROVE 96-28PC AS WRITTEN WITH THE FOLLOWING CONDITIONS: 1) A TEMPORARY CUL-DE-SAC SHALL BE INSTALLED AT THE END OF THE STREET ON THE EAST PROPERTY LINE. 2) THE TEMPORARY ROAD TO CR 42 BE ELIMINATED WHEN PROJECT TO THE SOUTH IS COMPLETED AND A ROAD IS CONNECTED, AND 3) UPON FINAL PLAT A VARIANCE SHALL BE REQUESTED WHEN THE TEMPORARY CONNECTION TO CR 42 IS ELIMINATED. Vote taken signified ayes by V onhof, Criego and Stamson, nay be Wuellner. MOTION CARRIED. The public hearing closed at 9:48 p.m. 5. Old Business: _ ~ Case #96-071 Dave Smith Variance (continued). Jane presented the information from the Staff Report dated August 26, 1996. On August 12, 1996, the Planning Commission tabled action on this variance application to obtain additional information from the staff. Specifically, the Commissioners wanted information on whether or not a gravel driveway was included in impervious surface. While a gravel driveway is not specifically listed, the constant use of this surface will cause the gravel to become packed down and will not allow the percolation of water. For this reason, the staff as well as the DNR, interpreted impervious surface to include gravel driveways. If the Planning Commission chooses to exempt a gravel driveway in this case, a variance to the requirement all PAGES driveways be paved will be necessary. Staff recommended denial of the application because of the lack of demonstrated hardship under the Zoning Ordinance criteria. Ifthe Board of Adjustment finds this request meets the applicable criteria, approval of this variance should be subject to the condition the garage and driveway addition be drawn on the certificate of survey by a registered land surveyor, along with the dimensions and distances from the lot lines. Comments from the public: Dave Smith, 2590 Spring Lake Road, eXplained his difficulty backing up trucks in the driveway and getting on the road. He pointed out neighbors hammerhead driveways as a safety issue. Mr. Smith presented pictures showing where he took out concrete in the front yard and where he can replace with treated lumber for a deck and reduce the impervious surface. He can also take out 4 feet ofthe driveway and still get into his single car garage. Mr. Smith said he could put a grass strip between the driveways to meet code. Dave Smith, Lakeville, said this house was under water and now his son, Dave, has reconstructed the home and property. By adding this garage and driveway it is a 100% improvement. Comments from the Commissioners: Wuellner: . The originally proposed project by the applicant did not include the impervious surface. If it did not meet the impervious surface code, the variance would have been denied. The Commission approved the 67 foot setback from the road. Nothing was said about the garage. . If applicant can keep the impervious surface under 30%, withdraw the application and build the garage. Stamson: . There is no hardship. If applicant an keep the impervious surface under 30%, withdraw and build. V onhof: . Applicant has complied with Commissioners' request to reduce the impervious surface. . Applicant's driveway out to street meets ordinance requirements. . Meets impervious surface code. Criego: . Withdraw variance application or the Commission can deny the request. Mr. Smith stated for the record he would withdraw his application and bring a new survey to the City. Commissioner V onhof stated the impervious surface stay under 30%. A recess was called at 10:07 p.m. The meeting reconvened at 10: 10 p.m. 6. New Business: MN082696.DOC PAGE 9 ':.~"; ~- ~07r.. -- -13[- JI"FD Planning Case File No. Property Identification No. City of Prior Lake ' LAND USE APPLICATION 16200 Eagle Creek Avenue S.E. / Prior Lake, Minnesota 55372.1714 / Phone (612) 4474230, Fax (612) 4474245 Trpe of Application: Brief description of proposed project (attach additional ~ Rezoning, from (present zonin~) ,~to (propos~d zonin~) :' ff. 'i'. .;1;' qt~ndment to City Code,Q'~mp. Pl~ ~r City Ordinance . i' . Sheep);~fdeS~eq6d ~ /' I ~,L p.erc /: Applicable Ordinance Section(s): I A.P.Pb,'",C,~. n,.t(s):. .~?J,', OF, ~/j~~~ ddr~s: . ~ '510 . ~ ;r c ~,.Pl1.one: f'YS:- 9~.2.... ~ Work Phone: ,i """'. ;Proft~rty .owner(s) [If different from Applicants]: AddreSS:' l.~ ,1?..J..zC'J g~ J../---f B~7t- Home Phone:'" Work Phone: Type of Ownership: Fee _ Contract for Deed _ Purchase Agreement ~ Legal pe~cription o~:eropertY (Attach a copy if there is no) enough space on this sheet): .tt71 :2. -;; J .2<( .5~~~ geALt, To the best of my knowledge the information procided in this application and other material submitted is correct. In addition, I have r~ad the relevant sections of the Prior Lake Ordinance and procedural guidelines, and understand that appUca'. n. will nnt b essed nntil deemed co..plete by tbe Planning Director or assignee. { /-/1-/1 ' Date . Fee Owner's Signature Date THIS SPACE TO BE FILLED IN BY THE PLANNING DIRECTOR OR DESIGNEE PLANNING COMMISSION CITY COUNCIL APPROVED APPROVED DENIED DENIED DATE OF HEARING DATE OF HEARING CONDITIONS: # Signature of Planning Director or Designee Date City Property Information System City of Prior Lake, MN Parcel Status Run at 10:41 AM on 07/31/96 PAGE 1 Property Identification Number: 251310170 Previous PIN: 251310170 Street Address: 002590 SPRING LAKE RD City, State Zip: SHAKOPEE, MN 55379 Fire Code: 000000 Occupant: BERNER/MALCOLM W & DARLENE M Code: Y Est. Area: 9,000 Number of Units: 1 Tax Capacity Value: $717 Market Value: $71,700 Year Built: Land Use: 201 Zoning: R1SD Storm Sewer District: 0000 Election District: 2 School District: 719 Park Dedication Fee: $0 Actual Use: SF Census: 809.01-05 Flood District: TIF District: Park Dedication Sq Ft: 0 SENT BY: DNR; 8- 7-96 7:41AM; 6127727573 => 6124474245; #1 /1 Minnesota DeD4:ll"tmcnt. of Natural Resources Metro Waters - 1200 WamerRoad. St. Paul. MN 55106-6793 Telephone: (612) 772-7910 Fax: (612) 772-7977 August 6, 1996 PosH'" Fax Nole To Co Co.lDept. rhone * 7671 Dl11a :u~s ~ I ?,/ L ONt<. Co. l'VIr. Don Rye Director ofPl11nlling City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, Minnesota 55372-1714 Fux It I"1'1I;,"e ~ 7 7 Z. ,~ I. F<lx* RE: DA vm SMITH IMPERVIOUS SURFACE COVERAGE V ARIANCg REQUEST (SPRING LAKE), AND MARlS STOT .CERS SEmACK VARIANCE REQUEST (pRIOR LAKE) DellI" Mr. Rye: Please in~lllorllh: the: fullowing DNR eomments into the record of the:: Planning Commission bearing for the subject variance requests. DAVID SMITH IMPE1<.VIOUS SURFACE COVERAGE VARIANCE RliQUEST I gig nul receive II site pllUl or survey for the Smith impetVious surlilc.: QOVCfage vari....e,:c rcqUC!lt. However, 1 know the lob in the Buttemut Beach Subdivision were platted many years ago, and contain many existing substandard lots. Is the lli7.c of !he proposed garage addition and the width of the proposc.:d driveway the minimum n::quircd to alleviate the hardship the applicant must demonstrate? Is it a three-stall garage on a lot more suited for a single or double: garage? Wit}1out lhe bcm:fit of a site plan, it is difficult to provide any recommended aUemative to tlu: propasa.l which may reduce the variance. It should also be noted that, although the applicant is re<111~ing a 4% variance from the city's required 30% maximum impervious cov...-rage, Minnesota Rules 611 S. 3300, subpart II. limits impervious surface to 25'-'" of a lnt in !he shoreland district. This is 10 minimize the impllQt..'1 of slonnwaL(.T ronoff on surfs.ce water features. Alllhlll bci.1lg said, I do not have adcquale:: information on which to provide a DNR recommendation on the proposal. I 1nJSt the Pl!IJ.uling Comnlission will cunsider llll Un: fllCts, including the hardship whil;h the applicant is required to demonstrate. Plcuc consider the questions I raised with respect to the garage/driveway dimensions as 1h1.o'Y RIat.c Iv the ovc:cllll constraints of a small lot. MARIS STOLCERS SETBACK VARIANCE h appe81'S there is ample space to locate a de~hed d.ea. meeting the required structure setb~k. If it must be attached. it could be attached to the rear (north side) afthe existing cabin. That, too, would require a setback v.narJl;:C, although significantly less than the zero setback requested. I 'WOuld be most interested in hearing the hardship argument on this (lIJe. The DNR is Vel)' mIWh oppo~ed to the granting ofthi!l variance, and urgs the Plnnning Commi~!linn to deny the requelCl. before lhcm. !/levcral nptinnll exist whi~h either eliminate or greatly reduQe the need for a i\letbagk varianCle. This one seems so blatantly counter to the intent of shol'eland :zoning. I need say no more. Thank you foJ'" the opportunity to review and comment on the two variance requests. Please forward. copy of the cLx;ision made: WI l.hc!IC malli::n. Call me al 772.7910 U' have any quc.:sliuns regarding the DNR comments submiU&xl. Sincerely, ":~;~~:I~'@--'-'--- .. An:allydrologist l)"olR IlIrlll'lIIalillll: til1-1'Jn-hl.'\7. l-l'IO{).7fl(l.('OOO . Try: (111.2"'CI 541\4. I l'lOlJ (,S7 .\92') "" 1:I.IU\III)pt11ll H1l)il) '';'',IIII'tlll) 1,', \Vh" V;'I'h.... hl\.\,..,jf\' .... Prillll'" on H.....)dt.d I"'illwr ('Plllllilllll~' il I..t \.1illinlll!l1 III' I w:~ PO..I CfJII...UIIl":1 \...~I.,IL. NOTICE OF HEARING TO CONSIDER A 4% VARIANCE TO PERMIT IMPERVIOUS SURFACE COVERAGE OF 34% INSTEAD OF THE PERMITTED 30% FOR THE CONSTRUCTION OF A GARAGE AND DRIVEWAY ADDITION ON PROPERTY LOCATED IN THE R1-SUBURBAN RESIDENTIAL DISTRICT AND THE SD- SHORELAND DISTRICT AND IDENTIFIED AS 2590 SPRING LAKE ROAD You are hereby notified that the Prior Lake Planning Commission will hold a hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road SE (Southwest of the intersection of C.R. 21 and Fish Point Road), on: Monday, August 12,1996, at 7:00 p.m. or as soon thereafter as possible. APPLICANT: David Smith 2590 Spring Lake Road Shakopee, Minnesota 55379 SUBJECT SITE: Lots 27 and 28, BUTTERNUT BEACH, Scott County, Minnesota. REQUEST: The applicant proposes the construction of a garage and driveway addition which would result in the impervious surface coverage of the lot to be 34% of the lot area, instead of 30% as permitted in Section 9.3 (B,1) of the Zoning Ordinance. 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: August 1,1996 96071pn.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER NEW ABSTRACTS CONTINUATIONS CLOSING SERVICE 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 April 23, 1996 Dave Smith 2590 Spring Lake Road Shakopee, MN 55379 To whom it may concern: According to the 1996 tax records in the Scott County Treasurer's office, the following persons are listed as the owners of the property which lies within 100 feet of the following described property: Lots 27 & 28, Butternut Beach, according to the recorded plat thereof on file and of record in the Office of the County Recorder in and for Scott County, Minnesota. SCOTT COUNTY ADMINISTRATOR COURTHOUSE ROOM 110 428 HOLMES ST S SHAKOPEE MN 55379 MARCY J THOMAS 2566 SPRING LAKE RD SW SHAKOPEE MN 55379 CAROLYN K PRIDE 2567 SPRING LAKE RD SHAKOPEE MN 55379 JEFFREY & JULIE BUCHTEL 2576 SPRING LAKE RD SW SHAKOPEE MN 55379 JAMES E FEENEY 2567 SPRING LAKE RD SHAKOPEE MN 55379 ROGER L & ROBIN GAUSTAD 17320 32ND AVE NO PLYMOUTH MN 55441 JAMES & ELIZABETH WENINGER 2591 SPRING LAKE RD SW SHAKOPEE MN 55379 . ~ -,." SCOTT COUNTY ABSTRACT ~i AND Tm.e.INC. ~~ LIcensed Abstractor ;', Statl! of MInnesota ' ...._.,,;.::~ _~';""~?~~'~'2,,~.~;-~,=:..,"'.~-- R KATHLEEN MORRIS 2615 SPRING LAKE RD SW SHAKOPEE MN 55379 ELMER J & DELLA A KLINGBERG 4585 PLEASANT ST SE PRIOR LAKE MN 55372 SCOTT COUNTY ABSTRACT AND TITLE, INC fry! r~ David E. Moonen President MEMBER MINNESOTA LAND TITLE ASSOCIATION AGENT FOR CHICAGO TITLE INSURANCE COMPANY L" 6r;J'e- /' /0 --? -'7//6~ ?e!l~50v/1 ~A-r CJPl+ ;:'/-,t) ;VI ~.A''''' .{.'O.A-1rY CtJl#C/' ;:'?3 c:3;:; ~ "u ~ ~ CERTIFICATE OF SURVEY 10 J. 70 Il I -. (9IB.OI) WOOD DECIGS (91 '1'F'1. t- Z-;.d l t-=.o =i1 (X) ~ <D CD 1 IO.!>"5 ONE ~~Y ;:kAME DVVEL.LJlq =1f= 25'10 DooR. S/L.L [9 Zf. Z17) t/'f.o 3D.O r I I , I J_ j--~ I 10 m ~ (X) , :-~.. '.... ~ . r....,- I' ,. ....... ' . ' . ~ ". ." . 4. ... -' \ )"\ I' ~ ,,' .... . .~ -~ ( 919. !!i9) 100.20 - . "- . A '{' ;/0. BIT: ~- i 13/7: ,:C 9'ZZ. z) COUNTY (SPRING ROAD NO. 12 LAKE ROAD) 1. 13r;:, ~?Zl. 8) Lots 27 & 28 'BUTTERNUT BEACH" According to the recorded plat thereof Scott County, Minnesota Total -z-U'30 1496 sq. ft. 534 sq. ft. 3648 sq. ft. PROPERTY DESCRIPTION Area of house and garage Area of concrete drive Impervious areas as a percentage of the lot area. 23.47% BENCHMARK SCALE ~ ]1 o 10 IN I, '20 FEET I 40 Spike in power pole located in the northwest quadrant of Northwood Road and Spring Lake Road Elevation 922.45 N.G.V.D. ,::;.... I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. Ja~e~ Date Ap,qIL /9, 19'6 Reg. No. 7095 BOERHA VE LAND SURVEYING, INC. 14243 Mitoka Circle N.E. Prior Lake, Minnesota 55372 612-445-9154 ,I(