HomeMy WebLinkAbout96-081 Variance - Denied
RESOLUTION 96-29PC
A RESOLUTION DENYING A VARIANCE TO PERMIT A LAKE SHORE
SETBACK OF 56 FEET INSTEAD OF THE REQUIRED 75 FEET TO ALLOW
THE CONSTRUCTION OF A FAMILY ROOM AND DECK ADDITION TO AN
EXISTING DWELLING
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Richard and Sherry Cross have applied for a variance from Section 9.3 (A,2) of the
Zoning Ordinance in order to permit the construction of a 14' by 18' family room
addition with an 8' by 12' deck on either side of the family room to an existing
dwelling on property located in the R-l (Suburban Residential) District and the SD
(Shoreland Overlay) District at the following location, to wit;
3827 Island View Circle, legally described as Lot 4, Block 1, Island View
Second Addition
2. The Board of Adjustment has reviewed the application for variance as contained in
Case File #96-081 and held hearings thereon on September 9, 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.
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 File #96-081 are hereby entered into and made a part
of the public record and the record of decision for this case.
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 family room and deck addition to be located 56' from the
ordinary high water level.
Adopted by the Board of Adjustment on September 9, 1996.
96081 va\res9629.doc
2
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
SITE:
PRESENTER:
REVIEWED BY:
PUBLIC HEARING:
DATE:
SA
CONSIDER LAKE SHORE SETBACK VARIANCE FOR
RICHARD AND SHERRY CROSS (Case File #96-081)
3827 ISLAND VIEW CIRCLE
JANE KANSIER, PLANNING COORDINATO~
DONALD R. RYE, PLANNING DIRECTOR - - U
YES .lL NO
SEPTEMBER 23, 1996
INTRODUCTION:
The Planning Department considered this variance request on September 9,
1996. At that meeting, the applicant testified there is an existing 12' by 24' deck
along the back of the house, even though it is not shown on the survey. The
proposed addition would extend 4 feet beyond this deck. The Planning
Commission continued this item to September 23, 1996, to allow the staff to
investigate whether a permit had been issued for the deck.
DISCUSSION:
The house on this site was built in 1982. The site plan included with the permit
application does not show a deck. There are no other permits on file for this site,
except for a residing permit issued in 1995.
There was also testimony about the setbacks on the adjacent properties. The
staff also researched the permits issued for the adjacent lots. A variance and a
building permit were issued for the construction of an addition to the house to the
west of this property (3809 Island View Circle, or Lot 5) in 1995. This addition is
located 56' from the OHW, which is consistent with the location of the existing
deck on that house. In 1989, a permit to allow the construction of an addition to
the house to the west (3845 Island View Circle, or Lot 4) was issued. The
addition is located 76' from the OHW; however, the survey shows a deck located
about 70' from the OHW.
Section 9.3 (0, 2) of the Zoning Ordinance allows us to average the setbacks of
the structures on the adjacent lots. In this case, the average setback is 63 feet.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Since the proposed addition on this lot has a setback of 56', a variance is still
required.
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. The existing use of the property will
continue without this variance. Furthermore, using the setback averaging
provisions, a smaller addition could be built without a variance,
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 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 from design decisions made by the applicant, not from
the application of the provisions of the Ordinance. 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 proximity of the proposed addition to the lake shore is inconsistent with
the intent of the Shoreland District to preserve the natural environmental
values of the existing lake shore.
ALTERNATIVES:
1. Approve the variances requested by the applicant, or approve any variances
the Planning Commission deems appropriate in the circumstances.
2. Table or continue discussion of the item for specific purpose. The Zoning
Ordinance requires the Planning Commission to act on this request within 60
days of receipt of the application. If the Planning Commission chooses to
table this item, we must bring it back for action on October 14, 1996.
3. Deny the application because the Planning Commission finds a lack of
demonstrated hardship under the zoning code criteria.
96081pc2.doc
Page 2
RECOMMENDATION:
Because staff has concluded that the there is no undue or unnecessary
hardship, and thus that the Ordinance criteria are not met, staff recommends
Alternative NO.3.
ACTION REQUIRED:
A motion adopting Resolution 9629PC.
Attachments:
1. Minutes of 9/9/96 Planning Commission Meeting
2. Building Permit Survey for 3827 Island View Circle (Lot 4)
3. Survey for 3809 Island View Circle (Lot 5)
4. Survey for 3845 Island View Circle (Lot 3)
5. Planning Report dated September 9, 1996
96081pc2.doc
Page 3
Minutes of 9/9/96 Planning Commission Meeting
provision will be required if the applicant wishes to pave the existing driveway. The staff
concluded he size and topography of the lot, along with the location of the existing dwelling, are
a hardship tside ofthe applicants' control. In addition, there are no other legal alternatives for
the location 0 the garage. Recommendation was to approve the requested v lances.
The Commissio rs discussed impervious surface.
Robyn Porter, 3019 Fa iew Road SW, stated they had no i ntion of blacktopping the
driveway. The drivewa 's presently two-thirds covered . h grass and applicants are not aware
of any water problems.
Comments from Commissio
Kuykendall:
. Applicant said they want the ga
V onhof:
· The variance hardship standards e t in regard to the setback from the county road.
· The applicant attempted to im ct the m imum size and utilize as much of the existing
driveway as possible.
. Access is not off Sunset ail. The garage st
. No impervious surface' sue.
. Support variance.
Criego:
· Agree with V of on variance request.
MOTION BY ONHOF, SECOND BY KUYKENDALL ,TO A ROVE THE VARIANCE
REQUEST THE APPLICANT BASED UPON THE FACT T OUR VARIANCE
CRITERI ARE MET.
Vote ken signified ayes by V onhof, Kuykendall and Criego. MOTION C
ED.
*
B. Case #96-081 RICHARD AND SHERRY CROSS, REQUEST A 19 FOOT VARIANCE TO
PERMIT A SETBACK FROM THE ORDINARY HIGH WATER MARK OF PRIOR LAKE OF
56 FEET INSTEAD OF THE REQUIRED 75 FEET FOR THE CONSTRUCTION OF FAMILY
ROOM AND DECK ADDITION TO AN EXISTING DWELLING ON PROPERTY LOCATED
IN THE R-I (SUBURBAN RESIDENTIAL) DISTRICT AND THE SD (SHORELAND
OVERLAY) DISTRICT IDENTIFIED AS 3827 ISLAND VIEW CIRCLE.
Planning Coordinator Jane Kansier presented the information from the Planning Report dated
September 9, 1996.
The applicants are proposing to construct a 14' by 18' family room addition with 8' by
12' decks on either side to the south side of the existing dwelling. The proposed
additions have a lake shore setback of 56'. The applicant is therefore requesting a
MN090996.DOC
PAGE 2
variance to the 75' lake shore setback. The lot is 135' deep (to the ordinary high water
mark on the short side), 92' wide on the north end, and 125' wide along the lake shore.
The existing dwelling, built in 1982, is located at the north end of the lot, 71' from the
Ordinary High Water Elevation. The current setback of the house is nonconforming,
based on the standards in the current ordinance.
Section 9.3 A of the Zoning Ordinance requires a setback of75' from the Ordinary High
Water level. Under Section 9.3 (D, 2), this setback may be reduced to the average
setback of the structures on the adjacent lots, or 50', whichever is greater. In this case,
both of the houses on the adjacent lots are setback further than the proposed addition.
Staff and the Department of Natural Resources recommends denial to the request.
Comments from the public:
Dick Cross, 3827 Island View Circle, stated their request for the variance was to add on
to a small home. Mr. Cross pointed out corrections in the report - Construction is a 16' x
18' room. The report also stated both houses on the adjacent lots are set back further than
the proposed addition. Applicant presented an aerial view of the peninsula and the
neighboring homes. The existing home has a 12' x 24' deck. The addition would be 4'
from the deck. With the addition, the impervious surface would be 18.6%.
Comments from the Commissioners:
V onhof:
· Mr. Cross showed the neighbor's survey with their new deck addition.
. Side setbacks are 22.5' and the other side is 11'.
Kuykendall:
. Mr. Cross said it would be a full improvement and the addition would be 4'.
. No impervious surface issue.
. Sensitive to setback from the lake.
· No major problem with the request. There is a cement slab under the deck.
· There is reasonable cause for approval.
Criego:
. Applicant feels he might have 2,200 sq. foot living space.
· Not objecting to stay with the same deck space. Stay within the shell of what applicant has
now.
Open Discussion and Comments:
. V onhof: Setback averaging - Suggest applicant have surveyor indicate neighbors setbacks.
. Criego: Neighbors built within the existing shell.
. Kuykendall: The setback average is pretty reasonable. The encroachment is only 4'. The
actual square footing is the same. Criteria are met. Act in favor. Would like to see
applicant work something out.
MN090996.DOC
PAGE 3
. Mr. Cross said his neighbors' setbacks are 56' and approximately 70', He will remove a
deck at the other end of the home as well.
. Criego: Stay within the 12' extension from the house.
. Rye: Survey did not indicate any existing decks.
. Kuykendall: Check and see if a building permit was issued for the deck. No legal argument
to go any further to lake.
MOTION BY KUYKENDALL, SECOND BY VONHOF, TO CONTINUE THE MATTER TO
SEPTEMBER 23, 1996, TO SEE IF A BUILDING PERMIT WAS ISSUED FOR THE
EXISTING DECK AND CONCRETE SLAB.
Vote taken signified ayes by Kuykendall, Vonhofand Criego. MOTION CARRIED.
C. e #96-082 CHAD AND TINA PAVEK, REQUEST A 22 FOOT V ARI CE TO
PERMI FRONT YARD SETBACK OF 63 FEET FROM THE CENTE E OF THE A
COUNTY OAD INSTEAD OF THE REQUIRED 85 FEET FOR THE C STRUCTION OF
A DWELL ON PROPERTY LOCATED IN THE R-1 (URBAN RE ENTIAL)
DISTRICT A THE SD (SHORELAND OVERLAY) DISTRICT I NTIFIED AS 2610
SPRING LAKE AD.
Planning Coordinator ane Kansier presented the information fr the Planning Report dated
September 9, 1996.
The applicants are propos' g to construct a 28' by 6 dwelling on the vacant lot located
at 2610 Spring Lake Road. he proposed dwellin as a 63' setback from the centerline
of County Road 12 (Spring L e Road) instead the required 85'. The applicants are
requesting a variance of 22' to e required se ack. Based on the survey submitted by
the applicant, the impervious sur ce of the t, with the proposed dwelling and driveway,
is 28%, which is less than the maxI um i pervious surface of 30% allowed by the
Zoning Ordinance.
Lot 29, Butternut Beach was origi ly tted in 1926, prior to annexation to the City of
Prior Lake. This lot is approxim ely 83' ep by 100' wide, for a total area of 8,357
square feet. The property is 10 ted within e R-l (Suburban Residential) and the SD
(Shoreland Overlay) district. he area and fro tage of this lot make it a substandard lot
under the current Zoning dinance. This lot is Iso considered a comer lot since there is
a platted road on the eas rn boundary of the lot. physical feature of this lot includes a
wetland and a creek b a across the northeastern co r of the property.
Section 4.1 K of e Zoning Ordinance states the minim setback requirement for
county roads i measured from the centerline of the existi traveled roadway. This
section req . es a minimum setback of85' from the center e of County Road 12. Since
the propo d structure does not meet this setback, a variance' required. There are also
severa ngineering concerns relative to any construction on t lot.
St f concluded the size and physical characteristics of the lot are hardship outside of
plicant's control. There are no legal alternatives for the location the proposed
MN090996.DOC
PAGE 4
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Building Permit Survey - 3827 Island View Circle (Lot 4)
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~'ADD 'N, ACCORDING TO THE RECORDED PLAT
7HEREOF, SCOTT COUNTY, MINNESOTA
tHEREBY CERTIFY THAT THIS SURVEY,
I ~LAN OR REPORT WAS PREPARED BY ME OR
V~DER HY DIRECT SUPERVISION AND THAT I
AH A DULY REGISTERED LAND SURVEYOR
UNDER THE LAWS OF THE STATE OF
MINNESOTA.
SCALE: 1 INCH. 40 FEET
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INC.
NOTES
*EXISTING CONTOURS ARE SHOWN
*100.0 DENOTES EXISTING ELEVATION
*(100.0) DENOTES PROPOSED ELEVATION
*PROPOSED GARACE ELEVATION
.PROPOSED FIRST FLOOR ELEVATION.
*PROrOSED LOJEST FLOOR ELEVATION-
HET
FEET
HET
.... . DATED T"I S tli!!..DAY OF NOV. , 1980
PROJECT NO.
80212
BOOK I PAGE
JAMES R. Hill, INC.
1/47
Planners I Engineers I Surveyors
8200 Humboldt A..nu. South
FILE NO.
I.
1:'f'H !H'~
SURVEY PREPARED FOR:
HOWARD OLSON
3809 ISLAND VIEW CIRCLE
PRIOR LAKE, MN. 55372
TELEPHONE (612) 447 - 2570
Survey for 3809 Island View Circle (Lot 5)
ft. Rev 2/20/95 To show new dlminllonof odd'n
to meet '9.:Jett>ock on we s1 line 0"0 new
ft. ~~~ 24/95 To show m:w proposed add'n
Ii setbacl<s.
I hereby certify that this survey was prepared
by me or under my direct supervisIOn and thot
'O!!J..14Iuly ItCensed. land SUlVeyor undIK thr
~~,gf th. Stott I'I-Mlnn.soto.
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DESCRIPTION,
5 I 12 I 94
Lot 5, Block 1, ISLAND VIEW 2ND ADDITION, Scott County, Minnesota. Also showing
the location of all visible impr'ovcments and encroachments if any J and the
location of the proposed improvement,
~
NOTES'
Benchmark Elevation 914.41 top nut of the hydrant @ 38T1 Island View
Circle.
92~.3 Denotes existing grade elevation
(936 ~~J Denotes proposed finish grades
~ Denotes proposed direction of finished drainage
Proposed porch to match the existing house elevation
Net lot area above elevation 90/. = 11., 106 sq. ft.
Total area at' existing impervious cover
3,029 sq.
Total area of propos eel impervious cover
3,8/8 sq.
o
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SCALE
30
Net area of coverage will be 27. 10 %
IN
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monument Sit and marked by
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BUILDING PERMIT SURVEY
PREPARED FOR:
LAKELAND REMODELING
C/O PAUL MARKSTROM
/7730 LANGFORD BLVD
PRIOR LAKE. MN 55372
Survey for 3845 Island View Circle (Lot 3)
rF 'l~fP~~Nr' (.~'/;;"/' 4''i -i"_. 2570
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9/25/89
DESClllPTION,
Lot 3, Block Dlle, ISLAND 2ND A1>IlIl'ION, Scott County, MinnesotR. Also showing
the locution uf the l.lL'UlJO:;lCd add l tion Em B lakod thiu 2~)th day of ~)eptemher, 1989.
Nun:s:
H.M. f;t. 91".3'7 Top l'im of sanitary manhole @ 5.1':. corner
of pC'opert.y.
9/{2 denot.es existillg grade olevation
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[)ol. ." Ucen.. NO 10183
AGENDA ITEM:
SUBJECT:
SITE:
PRESENTER:
REVIEWED BY:
PUBLIC HEARING:
DATE:
INTRODUCTION:
PLANNING REPORT
6B
CONSIDER LAKE SHORE SETBACK VARIANCE FOR
RICHARD AND SHERRY CROSS (Case File #96-081)
3827 ISLAND VIEW CIRCLE
JANE KANSIER, PLANNING COORDINA TO~ .IJ ()
DONALD R. RYE, PLANNING DIRECTOR ~L
_YES ~NO
SEPTEMBER 9, 1996
The Planning Department received a variance application from Richard and
Sherry Cross, who are proposing to construct a 14' by 18' family room addition
with 8' by 12' decks on either side to the south side of the existing dwelling. The
proposed additions have a lake shore setback of 56 feet. The applicant is
therefore requesting a variance to the 75', lake shore setback.
DISCUSSION:
This lot is 135' deep (to the ordinary high water mark on the short side), 92' wide
on the north end, and 125' wide along the lake shore. The existing dwelling, built
in 1982, is located at the north end of the lot, 71' from the Ordinary High Water
Elevation. The current setback of the house is nonconforming, based on the
standards in the current ordinance.
Section 9.3 A of the Zoning Ordinance requires a setback of 75' from the
Ordinary High Water level. Under Section 9.3 (0, 2), this setback may be
reduced to the average setback of the structures oh the adjacent lots, or 50',
whichever is greater. In this case, both of the houses on the adjacent lots are
setback further than the proposed addition. Therefore, a variance is required.
VARIANCE HARDSHIP STANDARDS
1. Literal enforcement of the Ordinance would result in undue hardship
with respect to the property.
96081pc.doc
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
This criteria goes to whether reasonable use can be made of the property if
the Ordinance is literally enforced. The existing use of the property will
continue without this variance.
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 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 resultsJrom design decisions made by the applicant, not from
the application of the provisions of the Ordinance. 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 proximity of the proposed deck to the lake shore is inconsistent with the
intent of the Shoreland District to preserve the natural environmental values
of the existing lake shore.
ALTERNATIVES:
1. Approve the variances requested by the applicant, or approve any variances
the Planning Commission deems appropriate in the circumstances.
2. Table or continue discussion of the item for specific purpose.
3. Deny the application because the Planning Commission finds a lack of
demonstrated hardship under the zoning code criteria.
RECOMMENDA TION:
Because staff has concluded that the there is no undue or unnecessary
hardship, and thus that the Ordinance criteria are not met, staff recommends
Alternative No.3.
ACTION REQUIRED:
A motion adopting Resolution 9629PC.
- 2-
SEC. 34 1: //5 R. 22
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REPLAT OF LOTS 1,2,3,4, S, II 6
BLOCK 3 ISLANO VIEW 1ST AOO N
ROAD
260
330
168 .437
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LcGMION MAP
Lr<,D5~ VARIN'l(E (Q,,-D8J)
WILLIAM J. SCHMOKEL..
COUNTY SURVEYOR
SCOTT COUNTY, MINNESOTA
IrilOv. 1990
fE8 1989
WAY 1187
JAN. 1981
OCT. 1984
oIAN. .11'
S 34
1/5 - 22
RUG-14-1996 17:22
JRMES R HILL, INC.
612 890 6244 P.03/03
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CERTIFICATE OF SURVEY
For: DICK CROSS
TOTAL IMPERVlOUS= 2808 SQUARE FEET
(EXlSllNG AND PROPOSED)
LOT AREA= 15117 SQUARE FEET ~
PERCENT OF LOT COVERED: 0 C \, ~ /
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Planning Case File Nn. ~
Property Identification No. - - () D
City of Prior Lake
LAND USE APPLICATION
16200 Eagle Creek Avenue S.E. / Prior Lake, Minnesota 55372-1714 / Phone (612) 447-4230, Fax (612) 4474245
Type of Application: Brief description of proposed project (attach additional
o Rezoning, from (present zonin\:) sheets/narrative if desired)
to (proposed zonin\:)
o Amendment to City Code, Compo Plan or City Ordinance
o Subdivision of Land
o Administrative Subdivision
o Conditional Use Permit \ti\
Variance
Applicant(s): g.'\(J'\CU"d- L" tM\J. ShQ..("r~f K. Cr(5SS
Address: 3g~7 lsla.nA V~ ew G..n_M~.. Pr,~ LJIt...k.R..
Home Phone: 4-40'~ :51./-7 ( Work Phone: 081--7 tot{ 5
Property Owner(s) [If different from Applicants]:
Address:
Home Phone:
Type of Ownership: Fee
Work Phone:
Contract for Deed _ Purchase Agreement
Legal Description of Property (Attach a copy if there is not enough space on this sheet):
Lbt if J 6loc.,U ) 1~IQ.rv1 View ~nd A~~Dr\.
(J... 2..5 I 5 q 00 L/-o
To the best of my knowledge the information prodded in this application and other material submitted is correct. In
addition, I have read the relevant sections of the Prior Lake Ordinance and procedural guidelines, and understand that
ap c tions will e proces ed until d ed complete by the Planning Director or assignee.
Z-2-0-9~
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
Richard and Sherry Cross
3827 Island View Circle
Prior Lake, MN 55372
1 Literal enforcement of the Ordinance would result in undue hardship
respect to the property.
A variance is being requested for adding a family room and deck to a current
structure of 1448 square feet. The family room will provide a recreational area for
the family of 4 and provide privacy for children and adults while entertaining family
and friends. The proposed addition and deck will provide a reasonable usage of
lakefront property consistent with other homes in the neighborhood.
2 Such unnecessary hardship results because of circumstances unique to
the property.
Due to the layout of the home and also the positioning of the home on the
property, there are no other alternatives for placement of the proposed addition.
The proposed addition size requirements are based on a minimal living space for
a family of 4 and is aesthetically proportioned to the existing structure.
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 is caused by the positioning of the existing structure relative to
property boundaries by the original owner. Having not been the original owners
we had no influence on current house size, design and placement relative to
property lines and setbacks.
4 The variance observes the spirit and intent of this Ordinance, substantial
justice and is not contrary to the public interest.
The proposed addition will add aesthetic value and provide an appearance and
usage comparable to existing homes in this neighborhood. The lakeside view will
not be restricted for neighboring homes. The majority of homes in the
neighborhood are currently built less then 75 foot from the 904 foot lake level
contour, per City Ordinance. The impervious value of the existing structure and
proposed addition would be 18.6%.
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NOTICE OF HEARING TO CONSIDER THE FOllOWING VARIANCE:
A 19 FOOT VARIANCE TO PERMIT A SETBACK FROM THE ORDINARY HIGH WATER MARK OF
PRIOR lAKE OF 56 FEET INSTEAD OF THE REQUIRED 75 FEET FOR THE CONSTRUCTION OF
FAMilY ROOM AND DECK ADDITION TO AN EXISTING DWELLING ON PROPERTY lOCATED
IN THE R-1 (SUBURBAN RESIDENTIAL) DISTRICT AND THE SO (SHORELAND OVERLAY)
DISTRICT IDENTIFIED AS 3827 ISLAND VIEW CIRCLE.
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, September 9,1996, at 7:00 p.m. or as soon thereafter as possible.
APPLICANTS:
Richard and Sherry Cross
3827 Island View Circle
Prior Lake, MN 55372
SUBJECT SITE:
3827 Island View Circle, legally described as Lot 4, Block 1, Island View
Second Addition
REQUEST:
The applicant is proposing to construct a family room and deck addition to an
existing dwelling in the Shoreland District along Prior Lake. The proposed
addition will be setback 56' from the Ordinary High Water Elevation of 904'
instead of the required 75' setback.
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 29, 1996
96-081va\96081.doc I
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
SENT BY: DNR;
9- 5-96 10:46AM; 6127727573 =>
6124474245;
#3/4
Project Review Worksheet
DNR - Division of Waters / Metro Region
Project Name
C.',e ()S5
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~Nct;
AtcFt Ie A-Tlo..u
Project Type (check all that apply):
o Preliminary Plat
o Final Plat
o Subdivi!$ion
DPUD
.)i(Yariance
o Other
DNR Jurisdiction (answer all):
Floodplain
(M.S.I03F.lOl)
Yes
o
No
D
Yes No
Sborcland ...e: r.:J
(M.S.I03F.201)
Yes No
Wala Appropriation 0 Cl
(M.S.I03G.255)
Prul.a:k;d Waters
(M.S. 1030.245)
Ycs
CI
No
o
Conunents
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Recommendations and Proposed Conditions
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PLANNING COMMISSION MINUTES
SEPTEMBER 23, 1996
1. Call to Order:
The September 23, 1996, Planning Commission meeting was called to order by Chairman
Criego at 7:02 p.m. Those present were Commissioners Kuykendall, Wuellner, Stamson,
VoOOofand Criego, Director of Planning Don Rye, Planning Coordinator Jane Kansier,
Planner Jenni Tovar and Recording Secretary Connie Carlson.
2. Roll Call:
Wuellner
Kuykendall
Stamson
V oOOof
Criego
Present
Present
Present
Present
Present
3. Approval of Minutes:
MOTION BY KUYKENDALL, SECONDED BY VONHOF, TO APPROVE THE
SEPTEMBER 9, 1996, MINUTES AS SUBMITTED.
Vote taken signified ayes by Wuellner, V oOOof, Kuykendall, Criego and Stamson.
MINUTES APPROVED.
4. Public Hearings: None
5. Old Business:
A. CASE 96-081 RICHARD AND SHERRY CROSS VARIANCE (CONTINUED)
The Planning Department considered this variance request on September 9, 1996. At that
meeting, the applicant testified there is an existing 12' by 24' deck along the back of the
house, even though it is not shown on the survey. The proposed addition would extend 4
feet beyond this deck. The Planning Commission continued this item to September 23,
1996, to allow the staff to investigate whether a permit had been issued for the deck.
The house on this site was built in 1982. The site plan included with the permit
application does not show a deck. There are no other permits on file for this site, except
for a residing permit issued in 1995. There was also testimony about the setbacks on the
adjacent properties, so the staff also researched the permits issued for the adjacent lots. A
variance and a building permit were issued for the construction of an addition to the
house to the west of this property (3809 Island View Circle, or Lot 5) in 1995. This
addition is located 56' from the OHW, which is consistent with the location of the
MN092396.DOC
PAGEl
existing deck on that house. In 1989, a permit to allow the construction of an addition to
the house to the east (3845 Island View Circle, or Lot 4) was issued. The addition is
located 76' from the OHW; however, the survey shows a deck located about 70' from the
OHW.
Section 9.3 (D, 2) of the Zoning Ordinance allows the City to average the setbacks of the
structures on the adjacent lots. In this case, the average setback is 63 feet. Since the
proposed addition on this lot has a setback of 56', a variance is still required. Staff
recommended denial based on the lack of demonstrated hardship.
Comments from the public:
Sherry Cross, 3827 Island View Circle, submitted three letters of support of the variance
from her neighbors.
Comments from Commissioners:
V onhof:
· Agrees with staff. The variance hardship standards are not met. Specifically with the
options available with the property utilizing the setback averaging, it gives applicant a
greater building envelop for an addition than they have right now.
· Suggest to go with setback averaging.
Kuykendall:
· Applicant stated she bought the home in 1986. The deck was on when applicants
bought the home.
· Averaging would move it to 56 feet. There are other building alternatives.
· Hardship standards are not met but would be in favor of setback averaging based on
the fact the two neighboring properties had recent variances.
Wuellner:
· Applicant said the existing deck is 12 feet in width and approximately 24 feet in
length.
· The house has been here since 1982 and the deck was there before applicant bought
the house. Applicants should not be held accountable for a deck they did not build.
. Supports an addition in reflection of the existing structure. There are no other
alternatives to add on to their home.
. The neighbors have similar variances.
Stamson:
. The proposed addition is four feet further than the deck.
. Agree to grant a variance up to the existing deck.
· Kansier explained applicant can replace the deck but not another structure.
. The hardship criteria has not been met.
MN092396.DOC
PAGE 2
Criego:
· Applicant said the home is 1448 sq. feet plus two-thirds of the lower level. There is
no room to add on toward the front of the home.
. It is not a substandard lot.
· Agrees with staff. There is not a hardship.
Open Discussion:
Setback averaging of 63 feet at the closest point. Applicants could have a room 8 feet at
the shortest point times the length of the home. There are alternatives to accomplish
applicant's objectives. The averaging does not require a variance.
MOTION BY KUYKENDALL, SECOND BY VONHOF, TO DENY THE VARIANCE
REQUEST BASED ON THE FACT THERE WERE NO HARDSHIP STANDARDS.
Vote taken signified ayes by Kuykendall, V oOOof, Stamson, Wuellner and Criego.
MOTION CARRIED.
6. New Business:
A. CASE 96-086 JULIE AND PAUL YTTRENESS REQUEST THE FOLLOWING
VARIANCES: TO PERMIT A FRONT YARD SETBACK OF 50 FEET FROM THE
CENTERLINE OF A COLLECTOR STREET INSTEAD OF THE REQUIRED 85 FEET;
A VARIANCE TO PERMIT IMPERVIOUS LOT COVERAGE OF 31.6% RATHER
THAN THE MAXIMUM 30% IMPERVIOUS LOT COVERAGE ALLOWED; A
VARIANCE TO PERMIT A FRONT YARD SETBACK OF 19.68 FEET RATHER THAN
THE REQUIRED 25 FEET FOR THE CONSTRUCTION OF A DWELLING ON
PROPERTY LOCATED IN THE R-l (URBAN RESIDENTIAL) DISTRICT AND THE
SD (SHORELAND OVERLAY) DISTRICT IDENTIFIED AS 2818 CENTER STREET.
Planner Jenni Tovar presented the information from the Planning Report dated September
23, 1996. Julie and Paul Yttreness are proposing to construct a 67 by 23 foot dwelling
with a 21 by 12 foot deck on the vacant lot located at 2818 Center Road. Based on the
survey submitted by the applicant, the impervious surface of the lot, with the proposed
dwelling and driveway, is 31.6 percent, which is greater than the maximum impervious
surface of30 percent allowed (Section 9.3 B of the Zoning Ordinance) in the Shoreland
District. A variance of 1.6 percent of impervious surface is being requested.
The staff has concluded the size and the physical characteristics ofthe lot are a hardship
outside of the applicants' control. In addition, there are no legal alternatives for the
location of the proposed dwelling. However, the variance to setback from the centerline
of North wood Road can be minimized by placing the house 9.23 feet towards the
northeast comer of the lot, making the side yard setback along the deck 10 feet. Also, the
variance to impervious surface can be eliminated if reductions to the driveway are made.
MN092396.DOC
PAGE 3
October 1, 1996
Richard and Sherry Cross
3827 Island View Circle
Prior Lake, Minnesota 55372
Dear Mr. And Mrs. Cross:
Enclosed with this letter is your check (#3736) in the amount of $50.00. Since
the Planning Commission did not approve your variance request, a resolution is
not filed with the Scott County Recorder, and this recording fe~ is not necessary.
If you have any questions, please contact me at 447-4230.
Sincerely,
~O.~
~ne Kansier, AICP
Planning Coordinator
Enclosed: Check #3736
feertrn.doc
16200 Eagle Creek Ave. S.L Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
September 27, 1996
Bill Criego, Chairperson
Prior Lake Planning Commission
16200 Eagle Creek Ave
Prior Lake, MN 55372
Re: Cross Lakeshore Variance
Dear Mr. Criego:
Be advised that Horst and Jan Graser, residing at 3715 Island View Circle, Prior Lake, are in
total support of the proposed Cross lakeshore variance. The Cross home is one of eleven houses
located on the Island View peninsula. This neighborhood is well maintained with the first
houses being constructed about 20 years ago. Consequently it is not surprising that the earlier
homes are being updated and or remodeled.
The hardship in this situation is that the Cross home, because of architectural constraints, should
be updated towards the lake. It goes without explanation and rational that reshaping in one's
living environment should be accomplished in a way that makes the highest and best use of the
natural environment. The addition will not interfere with sight lines of neighbors nor cause
depreciation of property values of the adjacent nor other peninsula houses.
It is paramount as an element of community planning that the planning commission not
discourage homeowners from improving their living environment and that of their
neighborhoods. As the value of lakeshore increases so will efforts by homeowners to increase
home value by remodeling or total reconstruction to keep pace. Unfortunately, lot sizes will not
change and little unplatted lake shore remains for new construction.
The planning commission should be aware, if not already informed by staff, that variances of
similar nature have been granted previously. Two lakeshore variances have been granted on the
Island View peninsula for the purpose of home construction because the lots were not
sufficiently deep. The peninsula is a unique land mass with homes on only one side.
Unfortunately, because of its size the peninsula could not be platted into deeper lots. The
current homeowner should not be penalized for improving the home value and the residential
environment of the neighborhood. This trend will continue and the planning commission must
keep an open mind in dealing with this and similar situations in a positive way.
~ ~fd-3fq0 cd" ~C- M~
September 23, 1996
To: Prior Lake Planning Commission
From: Howard and Deirdre Olson
We have lived in our home at 3809 Island View Circle for 12 years.
Most of this time we have been next door neighbors to the Cross family.
The addition which they are proposing would be the closest to our
property than to any other neighbor.
The Crosses have always taken a great interest in improving and
maintaining their home and yard and it is always nicely kept and
attractive. We feel that their plan for an addition would be well
done and would increase the value and appeal of their home and there-
fore benefit our home as well. Their addition would not, in any way,
be a detriment to us.
We were granted a lakeshore variance a year and a half ago in order
to put a new kitchen addition on our home. We are enjoying it very
much and can certainly understand why the Crosses would like to take
advantage of more of their lakeside view. Many of the homes on our
street are closer to the lake than the normal setback because of the
uniqueness of the curving pennisula. The Cross home would not be at
all out of line with other homes on the street or out of line with our
home. Our homes sit up about 30' above the lake level so visually they
appear farther from the la1>:e. Also, there is no possibility of flooding
from high water.
......
We feel that the addition that the Crosses propose would enhance our
neighborhood and our own home and we do not see any reason that they
should not be able to improve their home and enjoy the benefits.
Sincerely,
~ at ~1d5lot0 it, ~
Members of the Prior Lake Planning Commission,
September 20,1996
My wife, Mary Schumacher and myself,Richard Schumacher are the property owners at
3735 Island view Circle and are neighbors of the Cross family and members of the
Island View Homeowners Association.
It has come to our attention that the Cross's request for a variance to construct an
addition to their home has been refused. Mary and I urge the Commission to reconsider
this decision and approve the variance request for the following reasons:
1. The addition would be in keeping with the homes on Island View Circle where
several of the residences have obtained permission to build inside the
recommended set back.
2. The addition would increase the value of the property and enhance the
appearance of our isolated neighborhood.
3. The elevation of their home is such that the addition would not deter from the
scenic beauty of the lake or negatively impact the lake environment.
4. The only viable option the Cross's have for an addition is lakeward. With a
young family their need for additional space is valid.
5. The Cross's are active members of the Prior Lake community and excelllent
neighbors. Mary and I would like for them to remain in our neighborhood.
The addition the Cross's are proposing has our total support. We hope that our
approval along with other members of the neighborhood will assist the Commission in
coming to a favorable decision for the Cross family.
Thank you for taking the time to review this matter. If the Commission would like to
speak with us or have us appear at a meeting please feel free to contact either Mary or
myself.
Sincerely,
~~;~1
Mary J. Schumacher
!!::f/1Jf:!:~d-
Ph: 447-5299 (Home)
440-5288 (Work)
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INTEROFFICE MEMO
TO: Tom Kedrowski
FROM: Jane Kansier, Planning Coordinator
DATE: March 4,1997
RE: Cross Variance
You recently asked for some background on the building permit applications for
an addition to the residence of Dick and Sherry Cross at 3824 Island View Circle.
The house at this location was originally built in 1982. The permit application
and site plan submitted for the original building permit do not include a deck,
although the deck was probably constructed at that time.
In August, 1996, Dick and Sherry Cross applied for a variance to construct a 14'
by 18' family room addition with two 8' by 12' decks on either side. The
proposed addition and decks would be set back 56' from the Ordinary High
Water Mark instead of the required 75 feet.
The Planning Commission considered this variance request on September 9,
1996, and again on September 23, 1996. The Planning Commission concluded
the applicant did not meet the criteria for granting a variance, specifically since
setback averaging can be used to locate an addition 63' from the Ordinary High
Water Mark. The Planning Commission therefore denied this variance request.
In January, 1997, a building permit application was submitted for an addition to
the Cross dwelling. The site plan did not appear to meet the standards of the
ordinance, so we had several conversations with both Mrs. Cross and her
builder. Finally, on February 7, 1997, we sent the attached letter to the builder
outlining the exact information we will need before we can issue a permit. We
have not received a reply or this information at this time.
I hope this information is helpful. Please let me know if you have additional
questions.
L:\96FILES\96V AR\96-081 V A \KEDLET. DOC
February 7, 1997
Roncor Construction
Attn: Ron
10740 Lyndale Avenue S
Bloomington, MN 55420
Subject:
Building Permit Application
3827 Island View Circle
Dear Ron:
Upon reviewing the permit application materials regarding the above property, it has become
apparent that the following information is necessary to continue the review of the application:
1. The setback of the proposed building expansion and new deck. The ordinance
allows for setback averaging, with a minimum setback from the OHWL of 50 feet.
Our records indicate that the setback averaging would result in a setback of 63 feet
from the OHWL. The proposed building addition (2 feet) and new deck must be
setback this amount and the setback must be indicated on the survey.
2. Impervious surface. The ordinance allows for impervious surface coverage not to
exceed 30 percent of the lot area. The lot area is land above the OHWL. Enclosed
is an Impervious Surface worksheet. This must be completed by your surveyor and
submitted to the city.
3. Additional building issues. There are additional building code related issues
outstanding on this permit. Please contact Paul Baumgartner in the Building
Department for specific details regarding the information submitted.
As you are aware, we have discussed these issues over the phone and in person. However, if you
or your surveyor should have any questions please call me. The review of your building permit
is on hold until we receive the necessary information.
Sincerely,
~JI'(jIlA...~
YL~~ovar
Planner
Jc/{;O/V
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
TO:
Pat Lynch, Minnesota Department of Natural Resources
Scott County Highway Department
John Wingard, Assistant City Engineer
Jane Kansier, Planning coordinat~~
August 23, 1996 U
Variance Requests
FROM:
DATE:
RE:
The City of Prior Lake recently received three variance applications, as described below. All
of the properties are located within the Shoreland District, and two are located along County
highways. A brief description of each ;of the applications is listed below.
· Porter Variance (Case File 96-080): This application is to allow the construction of a
detached garage which would be located 53' from the centerline of CR 81 (Sunset Trail)
instead of the required 85' setback. This property is located at 3019 Fairview Road, and
is legally described as Lot 27, Fairview Beach. One of the questions I have is what
impact the location of this garage will have on the County Road. Another question
concerns the gravel driveway on this lot, and how this driveway fits into the impervious
surface of the lot.
· Cross Variance (Case File 96-081): This application is to allow a family room and deck
addition to a single family which will be setback 56' from the Ordinary High Water Level
instead of the required 75 feet. The property is located at 3827 Island View Circle, and is
legally described as Lot 4, Block 1, Island View 2nd Addition. I would be interested in
your opinion on this request.
· Pavek Variance (Case File 96-082): This application is to allow the construction of a
dwelling which would be located 63' from the centerline of CR 12 (Spring Lake Road)
instead of the required 85 feet. The property is located at 2610 Spring Lake Road, and is
legally described as Lot 29, Butternut Beach. One of the questions concerning this
variance is the impact of the reduced setback on the County Road. Another is the what
effect will the proposed dwelling have on the wetland located on this site.
Attached, for your information, is a copy of the application, a location map and a survey for
each of the above applications.
These items are scheduled for review by the Planning Commission on September 9,2996.
would appreciate receiving your comments by September 3, 1996.
Thank you for your help in this matter. If you have any questions, please contact me at 447-
4230.
referlel.doc
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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RECEIPT
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CITY 0 F
PRIOR LAKE
16200 EAGLE CREEK AVE. S.E., PRIOR LAKE, MN 55372
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Rece;ved of kACG1MJ.. ~~ vw95
whose address and/or legal d~scription is
the sum of
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dollars
$ iJO.tN
'Y5te rence I fl VO i cf"'!O "
LIX{))J-t (M~
Receipt Clerk for ttl' City of Prior Lake
I
AFFIDAVIT OF SERVICE BY MAIL
COUNTY OF SCOTI )
)ss
STATE OF MINNESOTA)
of the City of Prior Lake, ounty of Scott, State of
MInnesota, being duly worn, says on the ~day of ' , 96, she served
th~ attached list of per ons to h~ve an interest in th. e ';") , ~
[ ~ _ .:J!qb~ I ' by mailing to them a copy reof,
enclosed in an envelope, postage prepaid, and be depositing same in the post office at
Prior Lake, Minnesota, the last known address of the parties.
Subscribed and sworn to be this
_day of ,1996.
NOTARY PUBLIC
MAILAFFD.DOC
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REPLAT OF' LOTS 1,2,3,.,5,116
aLOCK 3 ISLAND VIEW 1ST ADD N
L
RDA
." 210
no
1'..437
'4' ...IS
N
; ". ICOHouT
1$2-521
..
;
148.415
OTTO MOW.V"I
1'1-51' ~ 28721.
141.41$
1S44&7
Q
..
o
II:
'2.
Lcc.PrfJON MAP
tf<.D~~ YARI~LE (q~-D81)
WILLIAM J. SCHMOKEL
COUNTY SURvEYOR
SCOTT CQUIiITY. ......UOTA
..,.." ,"0
1(1 .9at
MAY '1'7
"AN 1'87
OCT. 198"
-'N. ItlS
5 34 - 115 - 22
,~
Whil. . Offlc.
y.llow. Owner
Blue . Inspector
Pink. A.......'
82-92
VILLAGE OF PRIOR LAKE
SCOTT COUNTY
PHONE.447.3768
APPLICATION FOR BUILOING PERMIT /1u.i
() I f} r;:r:it1o:J12;J! J ,q e ~
P<o""YOwno<~___~ Ad..... pj g.y ::i3~ Phon. ,,?1- ",,,0
Applicant ~ _ Address Phone
Contractor . . \ Address Phone
LEGAL DESCRIPTION OF PROPERTY (Attach Lot Plan)
>>'1 f;I~J~ I
Characteristics: ..
Zoning District...!.:hesJ< box)
Residential:(B' Commercial: 0 Industrial: 0 Other: 0 (Specify)
Lot size: Sq. Ft.: _ Width at Building Set back line:
Depth of Lot: Side yard is _ and _feet. Rear yard is
Building setback from state or county highway is feet.
Building will be iocated __ feet from septic tank. (Sewage permit required).
Building will be located ~ feet from soil absorption system.
.w..
'"'
jl/~dr1-7d t1~A..
3J',) 7~ftt'7--t!()~,J ~- /IIW
ft. Front yard is _ ft.
Type o1..!!J1provement -
( ~New Building
! ) Alteration
) Repair
) Move
) Other
Residential proposed use-
( ~ne family
( ) Multiple dwelling_units
( ) Other Size__
Non Residential proposed use -
Specify
~o t'JOd
I
Estimated Building Costs of Improvement - $
10M IT CENTS)
Principal type of frame -
( -) Masonry
( ) Wood Frame
( ) Structural Steel
( ) Other. specify
Type of Roof:
Type of sewage disposal -
( ) Public
(.) Individual
Sewer system approved
Sewer system conditional __
ISEE SewER APPLICATIONl
Water Supply:
( ) Public
( ) Individual well
Dimensions -
Basement ( ) Yes () No
Sto, j$ above basement
Sq. Ft. (OUTSIDE DIMENSIONSl
Bedrooms __ Baths _
Heating: ( ) Electric () Gas
( ) Oil () None ( ) Other:
( ) Fireplace How many
Mechanical
Air Conditioning ( ) Yes ( ) No
( ) Central () Unit
~
-"'-I: I hoNby certify INt lho Information .contolnod heroin II corroct_ ... 10 do lho proposed work In __ ...tlll lho ducrtplion
Ibow.. forth _lCCOtdIng to lho pfO'!!<llonl of lho o",t_ of Prior L..... Mln..-ta. .11u ,,_ Ihl! ony plonl end IPOclflCOllonllUbmlltMl
""""'... 9f5.h sholl... '. port of Ihls permit opplk:lllon.._.leItO.Undo'llond lhollllll for. po %~.... .
Dot'" /9 I tt L:L ~
I
Fees Paid: ~/~. 00
Building P,rmit $ Surcharge $
Sewage System $ Surcharge $
Water System ". Surcharge $
'"
.2 d. err, Sub-total $ ..3 'I 3.0 0
Sub-total $
Sub-total $
-- ~ /OQ.~
Metropolitan Service Availability Charge. . . . $ ~01.'S"'. trD
Park Fee . Dedicated t~ purchase and maintain Public Parks . . . $ /1) tJ ., ~o
.:':,'/Iff TOTALC";' S ~;7f:.{i
Four inf.:. N. will be required of which the contrlCtor ~...s. f... W..,.
t~ ;rt }Q ~ ,
I
SENT BY: DNR;
9- 5-96 10:46AM; 6127727573 =>
6124474245;
#3/4
Project Review Worksheet
DNR - Division of Waters / Metro Region
Project Name
C ~()55
S~e-,c::.
~NG€
~/CA71ol\J
Project Type (check all that apply):
o Preliminary Plat
o Final Plat
o Subdivi.!$ion
OPUD
)ir:Y ariance
o Other
DNR Jurisdiction (answer all):
Floodplt4in
(M.S.I03F.IOl)
Yes
o
No
o
Yes No
Sborc:land ,.Ii:( a
(M.S.I03F.201)
Yes No
Water Appropriation 0 D
(M.S.I03G.255)
PruLcclcd Waters
(lIA.S.I03G.24S)
Yes
CI
No
o
Comments
~ ~__c,(..,..-.6 .J.
Recommendations and Proposed Conditions
~~;., -Il>~'~1:. >"~~~~_~ 4 "r~~,.~
e-,c',.s,(~ .m-IJ ~-h".c...
./.. J'C.-'fiJ #- ~ -h_
l~ h-L:t5~;:.J ~;7'K- ~r
R,';s-r- t..~ .
Reviewer ~ ~ Tit1.~ Y.rY~hon.7"'oi!-~~/O
s ~ '9.,/
Date T' ~
Dili~ ~
V D1l ~~'
_ ~ .._L
~/-....._.- r
~~ t14f~
- ~ yJRfnu..k /66Lud tY>1 deW ?
+~~
D~-~-b~~
1~- ~
KOHLRUSCH
SCOTT/CARVER ABSTRACT CO., INC.
128 West 3rd Avenue
P.O. Box 355
Shakopee, Minnesota 55379
REPRESENTING:
rra Commonwealth
~ Land Title Insurance Company
Pl1@&i?tilzMWiPlo.5lJ.//::/:
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According to the records of the BRC Tax System in the Office of the County Treasurer, Scott
County, Minnesota, the following is a list of primary tax payers of property lying within 100
feet of the following described property:
Lot 4, Block 1, Island View Second Addition, according to the plat thereof on file
and of record in the Office of the County Recorder, SCOTT County, Minnesota.
James & Sue Ann Hill
3857 Island View Circle
Prior Lake, MN 55372
Howard & Deirdre Olson
3809 Island View Circle
Prior Lake, MN 55372
Steven & Marlene Kopetzki
3845 Island View Circle
Prior Lake, MN 55372
Robert Kovich
3791 Island View Circle
Prior Lake, MN 55372
Richard & Sherry Cross
3827 Island View Circle
Prior Lake, MN 55372
Island View 2nd Homeowner Assoc.
3869 Island View Circle N.W.
Prior Lake, MN 55372
bD e-..
DATED:
August 16, 1996 at 8:00 a.m.
KOHLRUSCH SCOTT/CARVER ABSTRACT CO., INC.
~
File No. S-3830
NOTE:
This search was prepared with due diligence and every effort was made to ensure the accuracy of this
search, however, Kohlrusch Scott/Carver Abstract Co., Inc. accepts no liability for errors and/or
omissions herein.
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