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HomeMy WebLinkAbout96-082 Variance October 10, 1996 Scott County Recorder's Office 428 South Holmes Street Shakopee,~ 55379 Enclosed for filing are true and correct copies of variance Resolutions listed below. Please send your statement with the recorded documents to my attention. Chad & Tina Pavek Resolution 9632PC Thank you. ~~~ Connie Carlson Planning Dept. Secretary enc. 16200 ~~ek Ave. S.E., Prior Lake, Minnesotcr~372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER File No. 96-082 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 96-32PC )( on file in the office of the City Planner, City of Prior Lake. , ~ -{1'"1- . Dated this I tJ day of [ Iv htlt-, 1996. Doc. 380833 ~ OFFICE OF THE COONTY RECORDER t ~~rrf~~N~ie~I:~S~~ Rece ded en /1 B bY Deputy 16200 1!.~!@6~ Ave. S.E., Prior Lake, Minnesota !j~2-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER RESOLUTION 96-32PC A RESOLUTION GRANTING A VARIANCE TO PERMIT A 63' SETBACK FROM THE CENTERLINE OF COUNTY ROAD 12 INSTEAD OF THE REQUIRED 85 FEET TO ALLOW THE CONSTRUCTION OF A SINGLE FAMILY DWELLING BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. Chad and Tina Pavek have applied for a variance from Section 4.1 K of the Zoning Ordinance in order to permit the construction of a single family dwelling on property located in the R-l (Suburban Residential) District and the SD (Shoreland Overlay) District at the following location, to wit; 2610 Spring Lake Road, legally described as Lot 29, Butternut Beach 2. The Board of Adjustment has reviewed the application for variance as contained in Case #96-082 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. Because of conditions on the subject property and on the surrounding property, it is possible to use the subject property in such a way that the proposed variance will not result in the impairment of an adequate supply of light and air to adjacent properties, unreasonably increase congestion in the public streets, increase the danger of fire, and danger to the public safety, unreasonably diminish or impair health, safety, comfort, morals or in any other respect be contrary to the Zoning Ordinance and Comprehensive Plan. 5. The special conditions applying to the subject property are unique to such property, and do not generally apply to other land in the district in which such land is located. The unique circumstances applicable to this property include the substandard lot size and the proximity to a wetland and a creek 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 6. The granting of the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. The variance will not serve merely as a convenience to the applicants, but is necessary to alleviate demonstrable hardship. The legal building envelope which results from the applicable setback is about 20' wide. 7. The contents of Planning Case 96-082 are hereby entered into and made a part of the public record and the record of decision for this case. Pursuant to Section 5-6-8 of the Ordinance Code these variances will be deemed to be abandoned, and thus will be null and void one (1) year from the date of approval if the holder of the variance has failed to obtain any necessary, required or appropriate permits for the completion of contemplated improvements. CONCLUSION Based upon the Findings set forth above, the Board of Adjustment hereby grants and approves the following variances; 1. A variance to permit a single family dwelling which will have a 63' setback from the centerline of County Road 12 instead ofthe required 85' setback. This variance is granted with the following terms and conditions; 1. A revised survey, meeting the conditions outlined in the memo from John Wingard, Assistant City Engineer, dated September 4, 1996, must be submitted for approval. 2. The improvements shall be constructed in accordance with the revised certificate of survey submitted by the applicant and approved by the staff. Adopted by the Board of Adjustment on September 9, 1996. I :\96var\96082va\res9632.doc 2 AGENDA ITEM: SUBJECT: SITE: PRESENTER: REVIEWED BY: PUBLIC HEARING: DATE: INTRODUCTION: PLANNING REPORT 6C CONSIDER FRONT YARD SETBACK VARIANCE FOR CHAD AND TINA PAVEK (Case File #96-082) 2610 SPRING LAKE ROAD JANE KANSIER, PLANNING COORDINA TM ./J /.. DONALD R. RYE, PLANNING DIRECTOR '{)/fJL. YES l NO SEPTEMBER 9, 1996 The Planning Department received a variance application from Chad and Tina Pavek, who are proposing to construct a 28' by 65' dwelling on the vacant lot located at 2610 Spring Lake Road. The proposed dwelling has a 63' setback from the centerline of County Road 12 (Spring Lake Road) instead of the required 85 feet. The applicants are requesting a variance of 22' to the required setback. Based on the survey submitted by the applicant, the impervious surface of the lot, with the proposed dwelling and driveway, is 28%, which is less than the maximum impervious surface of 30% allowed by the Zoning Ordinance. DISCUSSION: Lot 29, Butternut Beach was originally platted in 1926, prior to annexation to the City of Prior Lake. This lot is approximately 83' deep by 100' wide, for a total area of 8,357 square feet. The property is located within the R-1 (Suburban Residential) and the SD (Shoreland Overlay) district. The area and frontage of this lot make it a substandard lot under the current Zoning Ordinance. This lot is also considered a corner lot since there is a platted road on the eastern boundary of the lot. A physical feature of this lot includes a wetland and a creekbed across the northeastern corner of the property. Section 4.1 K of the Zoning Ordinance states the minimum setback requirement for County roads is measured from the centerline of the existing traveled roadway. This section requires a minimum setback of 85' from the centerline of County Road 12. Since the proposed structure does not meet this setback, a variance is required. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER There are also several engineering concerns relative to any construction on this lot. These concerns are discussed in the attached memo from the Assistant City Engineer. 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. In this case, the legal building envelope which results from the applicable yard requirements is about 20' wide. Most of this building envelope is located on the north side of the lot, in the proximity of the wetlands and creek. 2. Such unnecessary hardship results because of circumstances unique to the property. A unique circumstance in this case is the substandard size of the lot, and its proximity to a wetland and a creek. 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 size and natural features of the lot are hardships over which the applicant has no control. 4. The variance observes the spirit and intent of this Ordinance, produces substantial justice and is not contrary to the public interest. The size and location of the proposed dwelling are not inconsistent with the location of other structures in this area. A variance in this case will not be contrary to the public interest. 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. 96082pc.doc Page 2 RECOMMENDA TION: The staff has concluded that the size and the physical characteristics of the lot are a hardship outside of the applicants' control. In addition, there are no legal alternatives for the location of the proposed dwelling. The staff recommends Alternative NO.1. ACTION REQUIRED: A motion adopting Resolution 96-32PC. 96082pc.doc Page 3 . KAeJfiz 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: 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 Applicable Ordinance Section(s): ~ Applicant(s): Address: Home Phone: Work Phone: ~YS-3YS'- '13/- t2/1 Property Owner(s) [If different from Applicants]: Address: Home Phone: Work Phone: Type of Ownership: Fee _ Contract for Deed _ Purchase Agreement Legal Description of Property (Attach a copy if there is not enough space on this sheet): 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 appl~tj,o~ ~i11 t be processed until deemed complete by the Planning Director or assignee. ~ "#~ :r~ 8~ j'i- 9~ Applicant's Signature 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 I 1oc..p.1\DM M 1\9 Pt..iEk. \j Ptttl~~6 L qfo" otfJ ~ \,O~ \J\~ GO COUNTY OF SCOTT ?/{bPERTY LotAll ~ ---- -- ---- SPRING, LAKE. AKE. SDvIJ,Or's 0Itttl1cate . lIMY FDA: coueg. City DEBCRIIED AS: Lot 29, BUT'l'BJlMoT BBACK, City of pdor Lake, Scott co~nty I Minnesoba and r.servin~ eaS~Ments of record. ~ :t' (IJ ~- c..' I w... ---.1 I. I or blttlnl LQ "... I ..; CD --,1~ I 1_ itS' -~ I~ 'I 100.00 12-€LOC-Ai€ c-u...EGlIL. To 1'l...IlA It.- ~ .prt.oP"'''Ti'-'.....c; i. e.., p l2.,t..P ~~5' too. 00 0 () In ~ nJ CD ~ 0 ~ It ~ LEG.AL. SuI~JN{. E...... lPP& r ,..') co. ROAD NO. 12 IOQ'Z. ~ _____-~__-~I~ LOT SQ, FOOTAGE = 8, 357~ ~O"{D 0:; ;;t..">o'1.IO PROPOSED ELEVATIONS Top of foulldat I on 8 IOo.S GerlV_ Floor "100.\ Bauunt Floor Aprox. S'Ne~ Service Eley. " Propll~ed E 11V. " c:::::> Erlstlno Elev. ..- Dretnage DIrectIons "- Dsnote! offset Stake 0 ~. I SCAlf :, 110Gb" 30 rut BENCHMARK, MIN. SETBACK REOUIREMENTS F~ont . Houss Sid, - Rear - Garage Side - II6IILUNII I HEREBY CERTIFY TIIAT tHIS 18 A TIlU€ AHO CDAAECT IlEPIlES(NtATIDH ,OF THE ~OUtlOAAlts of THE ABOVE KCCAI8EO PROPERTY AS 9UAYEYED ~~o~ IMPROV~~~~S M~IlDl~~~~lC~l:ERY~ snM'f A~~Il:lT PUn~(I1\1. TO DU. ~a.e/~ fl, JOB NO: ~I.o~.ao~ t' BOOK: PAGE: ~I.nn'n' 1t",Iu.,.,,,, "'~v,,'n' litl'''' "''''~~:''::::''I'IIl'I:.l~' '-1~Hl.\lI "llO CiOO piLE": DIIG. CHIC. ceCl;,., 6. 'l32':Jntl p~~ q(q(q0 . 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. Case #96-082 CHAD AND TINA PAVEK, REQUEST A 22 FOOT VARIANCE TO PERMIT A FRONT YARD SETBACK OF 63 FEET FROM THE CENTERLINE OF THE A COUNTY ROAD INSTEAD OF THE REQUIRED 85 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 2610 SPRING LAKE ROAD. Planning Coordinator Jane Kansier presented the information from the Planning Report dated September 9, 1996. The applicants are proposing to construct a 28' by 65' dwelling on the vacant lot located at 2610 Spring Lake Road. The proposed dwelling has a 63' setback from the centerline of County Road 12 (Spring Lake Road) instead of the required 85'. The applicants are requesting a variance of 22' to the required setback. Based on the survey submitted by the applicant, the impervious surface of the lot, with the proposed dwelling and driveway, is 28%, which is less than the maximum impervious surface of 30% allowed by the Zoning Ordinance. Lot 29, Butternut Beach was originally platted in 1926, prior to annexation to the City of Prior Lake. This lot is approximately 83' deep by 100' wide, for a total area of 8,357 square feet. The property is located within the R-l (Suburban Residential) and the SD (Shoreland Overlay) district. The area and frontage of this lot make it a substandard lot under the current Zoning Ordinance. This lot is also considered a comer lot since there is a platted road on the eastern boundary of the lot. A physical feature of this lot includes a wetland and a creek bed across the northeastern comer of the property. Section 4.1 K of the Zoning Ordinance states the minimum setback requirement for county roads is measured from the centerline of the existing traveled roadway. This section requires a minimum setback of 85' from the centerline of County Road 12. Since the proposed structure does not meet this setback, a variance is required. There are also several engineering concerns relative to any construction on this lot. Staff concluded the size and physical characteristics of the lot are a hardship outside of applicant's control. There are no legal alternatives for the location of the proposed MN090996.DOC PAGE 4 dwelling. Recommendation is to approve the requested variances finding the four various hardships have been met. John Wingard, Assistant City Engineer, said he has asked for more information from the applicant but feels the outlet for the 20 acre pond goes through the vacant lot and drains into a culvert which would be the front yard area. Applicant needs to provide more information showing the edge of the wetland and how the drainage will work. The storm sewer would have to be extended along the side ofthe home to provide an outlet for the pond. The City will work with applicant but the normal policy is to pay for storm sewer facilities. Comments from the public: Don Pavek, with College City Homes, represented the applicants. Mr. Pavek said there are a lot of contingencies with buying this lot, the first being approved variances. The delineator verified it was a wetland however, he felt there is a possibility an exception could be done if applicant worked with the Engineering Department. Applicants would like to get through the setback stage. Mr. Pavek explained why the home was placed on the lot as proposed. The wetland prohibits from building north. Jim Winegar, 2591 Spring Lake Road, said he lives adjacent to this property and has lived on Spring Lake for 50 years. He is concerned the culvert issue is properly addressed. The culvert drains not only the marsh land but the marsh land is a receptor for 200 to 300 acres of drainage land in the area. Another issue is on the high water line. The property is a foot or foot and half above the high water line for the marsh land. The ordinance requires the footings cannot be put below the high water mark. He also feels there is a safety issue, hammerhead driveways are necessary for property along Spring Lake Road. Kuykendall: . Wetlands are creating part ofthe hardship and the physical size of the property. . The applicants are willing to work with the engineering department. . Supports staff recommendation. V onhof: . Cannot build any other way. . No objections. . Hardship criteria have been met. Criego: . Issues in the engineering report have to be met. . Agrees with Resolution 96-32PC as stated. . Hardships met. Open discussion and comments: Kuykendall: The driveway issue could be included in the conditions. Recommend City Engineer look at the traffic safety issue. Wingard: The 1994 traffic volume on Spring Lake Road is measured at 1350 trips per day. This is marginal. Some of the houses on Spring Lake Road do have turn arounds. This area MN090996.DOC PAGES where the house is proposed is located on a fairly straight section of road with very good visibility. MOTION BY VONHOF, SECOND BY KUYKENDALL, TO APPROVE RES. 96-32PC, GRANTING A VARIANCE TO PERMIT A 63 FOOT SETBACK FROM THE CENTER LINE OF COUNTY ROAD 12 INSTEAD OF THE REQUIRED 85 FEET TO ALLOW THE CONSTRUCTION OF A SINGLE F AMIL Y DWELLING WITH ALL THE INCLUDED FINDINGS AND CONDITIONS. Commissioner Kuykendall recommended the City Engineer to revisit site. Vote taken signified ayes by Vonhof, Kuykendall and Criego. MOTION CARRIED. D. Case #96-083 DONALD KEMPER REQUESTS A 3.23 FOOT VARIANCE TO PERMIT A SIDE YARD SETBACK OF 6.77 FEET INSTEAD OF THE REQUIRED 10 FEET FOR THE CONSTRUCTION OF A DECK ADDITION ON PROPERTY LOCATED IN THE R-I (URBAN RESIDENTIAL) DISTRICT AND THE SD (SHORELAND OVERLAY) DISTRICT IDENTIFIED AS 15097 MANITOU ROAD. Planning Coordinator Jane Kansier presented the information from the Planning Report dated September 9, 1996. The applicant is proposing to construct a 4' by 20' deck addition to the north side of the existing dwelling located at 15097 Manitou Road. The proposed addition has a side yard setback of 6.77' at its closest point to the north lot line. This lot is 105' wide by 322' deep. The existing dwelling, built in 1963, is located on the east end of the lot, and is closer to the north lot line than to the south line. The applicant is in the process of building an addition t? the east side of the house, which meets all applicable setbacks. The purpose of the deck addition is to provide an outside access directly to this portion of the house. Section 4.2 of the Zoning Ordinance requires all structures have a 10' side yard setback. Since the proposed deck does not meet this standard, a variance is required. Staff concluded there is no undue or unnecessary hardship and therefore the Ordinance criteria had not been met. Recommendation was for denial of the requested variance. Comments from the public: Tom Lubansky, 14915 Timberglade Circle, submitted a list of neighboring properties stating no objection to the variance. John Osness, friend and builder for the applicant, said the proposed deck is for an entrance to the upper level. The applicants are making an upper living space for the parents with the lower level for their daughter and family. This is the entrance for the parents. MN090996.DOC PAGE 6 CITY OF PRIOR LAKE 16200 EAGLE CREEK AVENUE SE . ' PRIOR LAKE, MN 55372 Number of pages including cover sheet: ~ Date: /I ~ '''- ~C7h TO~~ From: Co~ =JI~ City of Prior - ak, Fax phone: 71 J. ,. 7C] t () cc: Phone: Fax phone: (612)447-4230 (612)447-4245 Phone: REMARKS: o Urgent o For your review o Reply ASAP o Please comment ,Jjl fUlf ) Pta J H:eft 10 Cl ~ 6t '--li-L fewv r>>--J P-~ c&r VOvV l~ ~~ . -1nY rVOrP'~ Gt _ LQkJio, ~vw:t ~~J C~~) otV ~(f11 ~ ~/ ~ ~ it ,.'':'' September 19, 1997 Chad and Tina Pavek 2610 Spring Lake Road Shakopee, MN 55379 RE: Storm Sewer Across Lot 29, Butternut Beach Dear Mr. and Ms. Pavek: The City staff has reviewed your request that the City pay for the installation of storm sewer across the back of your property at 2610 Spring Lake Road, legally described as Lot 29, Butternut Beach. Attached are the written comments from the City Engineering Department. Essentially, the staff does not believe the City is obligated to pay for the proposed storm sewer. It is not the City's policy to pay for a storm sewer improvement when the project is only for aesthetic purposes. If you still plan to install the storm sewer, you must revise your plans as indicated in the attached memorandum from Lani Leichty. If you would like to pursue City payment for this project, you must submit a written request. This request will be forwarded to the City Council for review and approval. If you have any questions, please contact me at 447-4230. Sincerely, O.~ ~Kansier, AICP ~~~~~ Coordinator c: City Engineering City Manager 1:\96filE}S\96yar\96-082v.a\pqyeklet doC 16200 Eagle Creek Ave. ~.t.., Prior rake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER September 23, 1996 Darin Pavek 14750 Galaxie Avenue Suite 100 Apple Valley, MN 55124 RE: Variance for Chad and Tina Pavek Dear Mr. Pavek: As you know, on September 9, 2996, the Prior Lake Planning Commission approved a variance to allow the construction of a single family dwelling on the property located at 2610 Spring Lake Road. This variance was approved subject to the following conditions: 1. A revised survey, meeting the conditions outlined in the memo from John Wingard, Assistant City Engineer, dated September 4, 1996, must be submitted for approval. 2. The improvements shall be constructed in accordance with the revised certificate of survey submitted by the applicant and approved by the staff. Attached is a copy of the memo mentioned above. Please submit the revised survey to the Planning Department as soon as possible. We will not process a building permit without this survey. Thank you for your attention to this matter. If you have any questions, please contact me at 447-4230. Sincerely, ~'\V- Q. +1vy~e.p.., J ne A. Kansier, AICP lanning Coordinator applet.doc 16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER r.. DATE: SEPTEMBER-16,1997 TO: JANE KANSIER, PLANNING COORDINATOR FROM: LANI LEICHTY, WATER RESOURCES COORDINATOR L,L- RE: PAVEK PROPERTY - 2610 SPRING LAKE ROAD The following are my comments regarding the request from Pavek's that the City pay for'storm sewer across the back of Lot 29, Butternut Beach at 2610 Spring Lake Road: . The memo from John Wingard to Jane Kansier, dated September 4, 1996, saying that the City would pay for storm sewer on this lot was a review comment. This issue is not mentioned or recorded in the Planning Commission minutes taken September 9, 1996. . When the engineering department was working with the Pavek's at the time of the building permit review, they agreed to give the City an easement for the ditch across the northeast comer of their property and agreed to the ditch design as recommended by the City. . There are no documents in my file or my recollection that the City would later pay to have storm sewer installed in place of the ditch. Nothing has changed since the construction of the ditch and dedication of the easement that would warrant the City paying to convey water across this property through storm sewer. . It is not the City's policy to pay for a storm sewer improvement when it is only an amenity to a property and there is no existing drainage problem associated with it. . If the Pavek's choose to install the storm sewer as indicated on submitted plan the following would be required: I) The existing drainage easement does not follow the proposed storm sewer alignment. An additional easement would need to be given to the City to cover the proposed alignment. 2) It is staffs position that the Pavek's would be required to pay for this storm sewer improvement. 3) Supporting hydraulic calculations would need to be submitted showing that the proposed pipe system is sized correctly. Please let me know if you have any questions. DATE: Sue McDermott, Assistant City Engineer Jane Kansier, Planning COOrdinat~ September 10, 1997 TO: FROM: RE: Extension of Storm Sewer Outlet Pipe on Property at 2610 Spring Lake Road In September, 1996, the Planning Commission approved a variance for the construction ofa single family dwelling on Lot 29, Butternut Beach (2610 Spring Lake Road). At the time, the Assistant City Engineer noted "the City will pay for the extension of storm sewer facilities to continue to provide for the outlet of the 20 acre pond". The property owner recently submitted a plan for the storm sewer on this property. He is requesting we review and approve this plan. he would like to construct, or have the City construct this sewer pipe, in the near future. I am not sure exactly how this process should work at this time. Will we do the work, or will the property owner do the work? At what point do we issue a check for this work? should there be a development contract of some type for this work? Please review this memorandum and this plan, and let me know your thoughts. I told Mr. Pavek, the property owner, we would try to get back to him by the end of this week to at least let him know where we are at in the process. Thank you for your help. Please let me know if you have any questions. Enclosure I: \96files\96var\96-082va\suememo.doc SCOTT COUNTY PUBLIC WORKS AND LANDS DIVISIO HIGHWAY DEPARTMENT 600 COUNTRY TRAIL EAST JORDAN, MN 55352-9339 (612) 496-8346 ~ GARY L. CUNNINGHAM COUNTY ADMINISTRATOR BRAD LARSON ASSOCIA TE ADMINISTRATOR Fax: (612) 496-8365 September 5, 1996 Ms. Jane Kansier Planning Coordinator City of Prior Lake 16200 Eagle Creek Ave. S.E. Prior Lake, MN 55372-1714 Re: Porter Variance Request adjacent to CR 81 Pavek Variance Request adjacent to CSAH 12 Dear .Ms Kansier: We are in support of the PORTER Variance request subject to the following conditions: e The setback distance is consistent with the surrounding homes. . .A.ccess be taken from Fairview Road and no access be allowed onto CR 81. We are in support of the PAVEK Variance request subject to the following conditions: . The setback distance is consistent wlth the surrounding homes. . An access permit be acquired from the County. . Drainage from westerly adjacent lot currently draining onto this property be directed to the north. . Future driveway will require a turn- around, backing out onto CSAH 12 not be allowed. Thank you for the opportunity to comment. Please do not hesitate to contact us if you have any questions or need additional information. Sincerely, Scott Merkley Engineering Coordinator c: Brad Larson - County Engineer w:\word\scott\adm\review\var An Equal OpportunityjSafety A ware Employer MEMO TO: FROM: DATE: JANE KANSIER, PLANNING COORDINATOR JOHN WINGARD, ASSISTANT CITY ENGINEER SEPTEMBER 4, 1996 RE: PAVEK VARIANCE FOR LOT 29 BUTTERNUT BEACH 2610 SPRING LAKE ROAD The following are my review comments: . The developer/builder of this lot should verify if any wetlands are located on this site. A certified wetland delineator should submit to the City their report about this lot. . The overland outlet for a 20j: acre wetland currently drains through the middle of this vacant, wooded lot. If a house is constructed on this lot and fill is added across the outlet, the storm sewer outlet for the 20 acre pond will need to be extended to the new edge of the pond. . The elevations of the proposed house will need to allow for 3 feet of freeboard from the HWL of the 20 acre pond to the lowest entry. A revised surveyor's certificate should be submitted that shows elevations of the pond and of the proposed house. . The revised surveyor's certificate should show the location and invert elevation of the existing culvert that is located in the front yard area of this lot. The culvert is the outlet for the 20 acre wetland and it drains directly to Spring Lake. . The drainage system along CSAH 12 is a rural ditch system. The front yards drain to a small ditch that conveys the water in an easterly direction to the existing culvert that crosses CSAH 12. If the new house is approved, the driveway will need a culvert under the driveway to convey the storm water runoff in the ditch. . The lot owner shall dedicate a permanent drainage and utility easement across the lot which covers any wetlands and storm sewer facilities. . The City will pay for the extension of storm sewer facilities to continue to provide for the outlet of the 20 acre pond. ENGCOMM.DOC 16200 Eagle Creek Ave. S.L Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQL:AL OPPORTL\ITY" E:ViPLOYER 08/19/96 12:32 FAX 5077245691 WOODLAND INDUST 141 005 FRCi~1 : ED I NR f':EHL TY PF; r QR L..i--:E: .!L.4'7' 47::;5 :l. 996 - IZlS-1.';;J ~:..:I : 04 *le.70 F'. 02/1212 ~~ DON PR')EK PHONG N8. : S0754S58~2 Ru-9. 1 g 1 S-'''~ !ltl: ~J-HM t-'~l ,... I K~ PI_llIlng ,Case File (liQ. .". Pl"Opc.f"I~- Ulefldliclltio~ No. _, City of Prior Lak~ LAND USE APPLICATION ,'" - '!'()20C :Ea~i~ cruek A.venue S.E. I Type cr Applh;:ation: o RcZt'ming. from to o Aml!l\dmmHo Cit~ COde. Comp_ P o Subdivision o( Lana D Adminili,,'lllive SubdIvision CI C:~ditional Un P~nTIi' llrillnce riClr Lllkel, Minnesota S~3 72.171~ I PltOne 6l2) .147.42~O. fo'AX ((112) 441.4::!4.S I Brl~[ l.Ieuriptlon or l:lrl)pll~ed pTOjPilt (ilIacI! addlLiMiil &hll~/narra~ive if desire! I) ~ ~;~ It'~ "flO ,. ~ ~, ~ ~ I::'~ lUr;fl~.J -sR.lb(J(' '.I-- .. ~,tQ ~~:!l fI," ,h-J~, __'''''.1---' ^ppn~!Jl~ Ordimlln:c S~UDn(5): __,,_ -..... ~ ~~=~~~ i:==SI.....c~Z~ ~~p r,'~~ ApCl hcant(s): Addr~ss; Ilome. Phone: --7 To the bCJL d !Dr ~"o",ll!cil;l! the inIo mutlon proeidcd in thi!! lIppH~atl()n ,.nd "ther 1Pl1lllrillJ .sub~nlflDd IJ; &orr~ct. Jrl addition. 1 h~y~ .-cad th~ releVi!lot sectionll of the Prior Lake 01'dinan~1: IInd prol:cdllPal (;.uidlllinC!5. find ulldCrIIlDnd "'lit :ilJIIJI li will 1 be PJ:~ u~ deemi!d t=omplete by 1~1I! PlsnninlJ Director Dr IIBlii;:noo. _ ~ _ 8'...1'1- 9~ J;ate ?? Ilf./9?t? Y;II~ , l~l-tl. I ,. ' I" ,..:, '.' " PI.ANN1NG COMMISSION CITY couNcn. DE.Nl~D DeNlBD :,)ATEOF HEARlNG [,)ATE OF Y-lbARUNG CO~DITJQNS: ~ Slgl\111llTe CJr PraM!"!! Dire~IOr or DO!lig c:e CatD . '~;~~~;H~:~f: ~\;,;J ~., 08/19/96 08:31 IX /RX NO. 324:.: p.002 . ~..._....,."---.,.,, ..~..:-:---._,.....--' ..---.----_.._..~-~__.........--.__.,:--" _.~--,.--.-__..._~-.'~ __~__,_",,_,____,,","_""_~'-"-"""''''''''~7--''--- ~-. ~ ~-'-,~~",,----'~~-''''''''~'''--.-- RECEIPT N2 29120 DATE )? I PoA 0 ~ ! I CITY OF PRIOR LAKE 16200 EAGLE CREEK AVE. S.E., PRIOR LAKE, MN 55372 Recei ved of (l trf~1-w ) (] +x.1 <~Iur('w"-x1J ., '! . /) whose address a~d/or r'ega I destr i pt ion is )~ ~ Ci /7J..t!./U/( -L I ( i l)of . () .[)r~ ~ -" L /1JJ2!) V-I. f'Yi t ) 5 c;- /;.rI the s~m of (;"jllA'.l.{/(v1A11 ...<:::tjtr'AIo-W -J-I /,10 -+ 1lJ)/;Cf)- dollars for the purpose of i/'(":,1J/i/~t. !2,tJflIUI)i1/ i~ ' Reference I nvo i ce No .? ~ -=t-:-;''2.,n $ I-:rS'~- Chv~{j - k'C0to..~^ Redeipt Clerk for the City of Prior Lake J AFFIDAVIT OF SERVICE BY MAIL COUNTY OF SCOTT ) )ss STATE OF MINNESOTA) ft-W.; ~ ___ of the City of Prior Lake, County of Scott, State of Minnesota, b~ing ly sworn, says on the~ day C!M1'L..~ 19.9~e served tiw a0hed list of persons to have an mterest m the . ~ , ~ "\\;"" .. (f6fL, , by mailing to them a copy thereof, 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 MAlLAFFD.DOC PAGB NOTICE OF HEARING TO CONSIDER THE FOLLOWING VARIANCE: A 22 FOOT VARIANCE TO PERMIT A FRONT YARD SETBACK OF 63 FEET FROM THE CENTERLINE OF THE A COUNTY ROAD INSTEAD OF THE REQUIRED 85 FEET FOR THE CONSTRUCTION OF A DWELLING ON PROPERTY LOCATED IN THE R-1 (URBAN RESIDENTIAL) DISTRICT AND THE SD (SHORELAND OVERLAY) DISTRICT IDENTIFIED AS 2610 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, September 9,1996, at 7:00 p.m. or as soon thereafter as possible. APPLICANTS: College City Homes, Inc. c/o Chad and Tina Pavek New Prague, Minnesota 56071 PROPERTY OWNERS: Roger and Robin Gaustad 17320 32nd Avenue Plymouth, MN 55447 SUBJECT SITE: 2610 Spring Lake Road, legally described as Lot 29, Butternut Beach REQUEST: The applicants are proposing to construct a dwelling on an existing lot which will have a front yard setback of 63' from the centerline of the County Road instead of the required 85 feet. The Planning Commission will review the proposed construction and requested variance against the following criteria found in the Zoning Ordinance. 1. Literal enforcement of the Ordinance would result in undue hardship with respect to the property . 2. Such unnecessary hardship results because of circumstances unique to the property. 3. The hardship is caused by provisions of the Ordinance and is not the result of actions of persons presently having an interest in the property. 4. The variance observes the spirit and intent of this Ordinance, produces substantial justice and is not contrary to the public interest. If you are interested in this issue, you should attend the hearing. Questions related to this hearing should be directed to the Prior Lake Planning Department by calling 447-4230 between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. The Planning Commission will accept oral and/or written comments. Oral or written comments should relate to how the proposed construction and requested variances are or are not consistent with the above-listed criteria. Prior Lake Planning Commission Date Mailed: August 29, 1996 96-082va\96082pn.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 KOHLRUSCH SCOTT/CARVER ABSTRACT CO., INC. 128 West 3rd Avenue P.O. Box 355 Shakopee, Minnesota 55379 REPRESENTING: IiiiI Commonwealth ~ Land Title Insurance Company ~qQ!~i::\.~:~~M!3f::mZ~::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::f:#.~:;::::~i:~i~:::"~Ii~~ 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 29, BUTTERNUT BEACH, according to the plat thereof on file and of record in the Office of the County Recorder, SCOTT County, Minnesota. James & Elizabeth Weninger 2591 Spring Lake Road Shakopee, MN 55379 David & Kathy Jo Smith 2590 Spring Lake Road Shakopee, MN 55379 Kathleen Morris 2615 Spring Lake Road Shakopee, MN 55379 Roger & Robin Guastad 17320 32nd Avenue N. Plymouth, MN 55441 David O'Donnell 1477 Riviera Avenue South St. Croix Beach, MN 55043 Cindy Kahler 2640 Spring Lake Road Shakopee, MN 55379 Randy & Sherry Roth 2626 Spring Lake Road Shakopee, MN 55379 Scott County Administrator 428 Holmes Street S. Shakopee, MN 55379 Jeffrey & Julie Buchtel 2576 Spring Lake Road Shakopee, MN 55379 :P N \Z.. DATEr;>: August 20, 1996 at 8:00 a.m. KOHLRUSCH SCOTT/CARVER ABSTRACT CO., INC. ..~~ ~( p~ .. . /L.../ .) ade Kohl~sch, Licensed Abstracter -------..--- File No. S-3833 NOTE: This search was prepared with due diligence and every efforq was made to ensure the accuracy of this search, however, Kohlrusch Scott/Carver Abstract Co., Inc. accepts no liability for errors andlor omissions herein. Page 1 MEMO TO: FROM: DATE: JANE KANSIER, PLANNING COORDINATOR JOHN WINGARD, ASSISTANT CITY ENGINEER SEPTEMBER 4, 1996 RE: PAVEK VARIANCE FOR LOT 29 BUTTERNUT BEACH 2610 SPRING LAKE ROAD The following are my review comments: . The developerlbuilder of this lot should verify if any wetlands are located on this site. A certified wetland delineator should submit to the City their report about this lot. . The overland outlet for a 201 acre wetland currently drains through the middle of this vacant, wooded lot. If a house is constructed on this lot and fill is added across the outlet, the storm sewer outlet for the 20 acre pond will need to be extended to the new edge of the pond. . The elevations of the proposed house will need to allow for 3 feet of freeboard from the HWL of the 20 acre pond to the lowest entry. A revised surveyor's certificate should be submitted that shows elevations of the pond and of the proposed house. . The revised surveyor's certificate should show the location and invert elevation of the existing culvert that is located in the front yard area of this lot. The culvert is the outlet for the 20 acre wetland and it drains directly to Spring Lake. . The drainage system along CSAH 12 is a rural ditch system. The front yards drain to a small ditch that conveys the water in an easterly direction to the existing culvert that crosses CSAH 12. If the new house is approved, the driveway will need a culvert under the driveway to convey the storm water runoff in the ditch. . The lot owner shall dedicate a permanent drainage and utility easement across the lot which covers any wetlands and storm sewer facilities. . The City will pay for the extension of storm sewer facilities to continue to provide for the outlet of the 20 acre pond. ENGCOMM.DOC 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER FROM: DATE: RE: Pat Lynch, Minnesota Department of Natural Resources Scott County Highway Department John Wingard, Assistant City Engineer Jane Kansier, Planning coordinator<.~V August 23, 1996 \~ Variance Requests TO: 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 d~ck 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 Vari,lnce (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. referlet.doc 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: DNRj 9- 5-96 10:46AMj 6127727573 => 6124474245j #2/4 Proj ect Review Worksheet DNR - Division of Waters I Metro Region Project Name JIvek ~..4tNt:.~ /J~~I {' ,A-'r7oN Project Type (cheek all that apply): DPUD o Final Plat ~arillllCe (] Subdivision o Preliminary Plat o Other DNR Jurisdictiun (answer all): Yes No Floodplain 0 0 (MS.I03F.IOI) Yes No Prott:Utcd W IItc:nl 0 0 (M.S.IOJO.245) ~ No Shoreland 0 (MS.I03F.201) Yes No WlItI:t Approprilltiotl CJ 0 (M.S. I 03 0.255) Comments C.,&.J.C. (" 1J~(fr J ~" ~e.dlu.k1i ~v~ is "''''+- I/'"~" IrJ.:k"O ~ 'Dt...\L? l~~ we#~ lf~o-It1S" Z t. ~ ~ r;:3'~~~ 6t; ~. ~.... ~~ I.uJ ~ e ,...c::.~ h LoI- Z,9. Reconunendations and Proposed Conditions to. c;:.' v; C/A.le..J ~ de. . Nt':> rec.p_w~~e:J~on J ~a~ Reviewer Q.{t ~Iitletb.a {fr~hO"" 7? 2-- )'1to Date S .Jij/. 7"; 08/20/1996 15:38 4311266 COLLEGE CITY HOMES PAGE 02 .ol~S 0Itttf1cat8 . IIWEY FDA: co11ege Ci tJ' DOCRIIED AS: Lot 29, BtJftB.ttD-r ~.ACB, ~ity of Prior Lake, Scott County, Minnesota and reservln.g easeMents of record. ~ tOO. 00 lLE'LO," ~ 'tG: c..1;l....{a e: IL. To 'R.t!1Cl n..- q5~ .p rt.c. P IS a. n( .,-, t->l!:' :r.. ' ci. e.\ p I2.A-P (\J ~- C' I ...J. -- --- ..... ,I I. to (:) .. I u:l UG.A&.. Sui IN(,, In ~ Ealltlne ." nI 110., I CD E N'laLOp&' ~D' I( ~I) CD Ct:: --1-" I (:I ~ _1_ '51 ce I~ -- too. 00 q,"-o ~ - 'I CO. ROAD NO. 12 100.'2. )(. I 00. () ~i" - LOT SQ. FOOTAGE ;;;:z B, 357:r ~o "II' -:: ~c; 01 . 10 :~ PROPOSED ELEVATIONS Top of Fouftdatlon Glrlg_ Floo,. Basflent F loot Aprox. SIN'" Service Elev. Prapo!led Elev. Existing Elev. Dralnags DlrectlDns Denote! offset Stake · 0 ~. j KALE :. l Inab · 30 ,..t BENCHMARk. '0; I.OOS .. ICo.1 . . · c:::> . . ~ MIN. SETBACK REQUIREMENTS L Front . House SIde ~ Re~r - Garage Side - ,..,.., I HEREBV CERTIFY TMAT TH18 IS A TRUE AND CORRECT ~EPAESrNtlTIDH .OF THE 80UNDAAlts OF THl ABOV[ DEteRIIED PROPERTV AS SURVEYED B~ Nt OA UNDER MV DIRECT SUPERVISION AND DOES NOT PURPoRt TO . SHOW IMPROVEMENTS OR ENCROACHIC . UCEPl AS SHOlfN . Dati ~/~/~ /J. JOB NO: . ~r..R..ao~ r BOOI(~ PAGE: "',nnl'" ~II.,'".."I", ",,,.,e1'''' "I ..., II...,..,.. 'nuI' .1...1",1-. ~l'lIt...t. 1IIA44 JoIIfJ\III' 14181 .... CAOO F'I LE: DWG. CHIC. c.t q l. ~. - 0IttIt1cata Jiiii IlWEV Fill: College City IIICRIIED AS: Lot 29, BUTt'BJUiUT 8BCH, City of Prior Lake, Scott County, Minnesota an~ reservin~ easements of record. ~ 100. 00 1Z-ELCc:..A\€ c...12...~EIL. To 'R.13.A <L- ~ .pQ.OPSQ.T'( \.....1 r-JE" ~, f'l i e...\ P "-A-P (\J 111 r 0 r 0 r- C\,"".~ ~ t":" 65.00 'tS.3 I -... - - - ,...., I: D I . Pr".... fIlIu.. .. 0 loa ~ t<< In bittIng -i nJ 110.. ! CD lO. DO lUG CD --1.J 8s.o0 [9ll ~ qb:1 ~ \ \ \ . _I_ I ~ ... w -- 100.00 q-.o ~ -- ; L~ CO. ROAD NO. 12 100.1- X 100-0 )(, - LOT SQ. FOOTAGE - 8, 357: ,r~ " " '" , :':' PROPOSED ELEVATIONS Top of Foundation = 100,S " 6erlOl Floor -100.\ Basuent Floor - Aprox. Sewer Service Elev, . " Proposed E It V . - <=> Ex I It I ng E lev. . Drainage Directions " II' Denotes offset Stake . 0 l 1 SCALE :, i IMh · 30 F..t BENCHMARK, MIN. SETBACK REOUIREMENTS . Front .. Rear - House 51 de - Garage Side - '''I.UNII I HEREBY CERTIFY THAT THIS IS A TRUE AND CCAAEct AEPAESEHtATION .OF THE BOUNDAR I ES OF THE A80V~ DR IBED PROPERTY AS 9UlMYED BY ME: OR UNDER MY 0 I RECl SUPEAV I S I ON AND DOES NOT PURPORT TO SHOW I MPflOVEMDlTS OR ENCAOACHME I EXCEPT AS SHOlIN DIU ~/.2.D/~ f). N. LAND YOA 1..1 CENSE NUMEA 14376 JOB NO: qlR~.304 1. BOOI<: PAGE: PI,nnln, .n,ln..~tn, SVt~"ln, "I lilt 11"'lItttft ,,_, II..lllltt/l, "I~....tt IlMO 1.1........ (tltl _. CAOO FILE: DWG. CHK. c.Cqi.b 08/20/1996 15:38 4311266 COLLEGE CITY HOMES PAGE 01 .~ .- m 0.' '. , (), HOMES 14750 Galaxie Ave Suite 100 Apple valley,MN 55124 (612)431-1211 Fax(612)431-1266 FAX TRANSMISSION COVER SHEET DATE: f3; - 1u TO: -rQ.1r1 e \(~vt<; -e I COMPAN~: . Cr' ~ y ~ ~t P r ~r) t ~ It -.e FROM: [Jc.u ~'tli NUMBER OF PAGES (Including cover sheet): "2 MEMO: I.' ~ fe . i's +i, ~ ~u f ue \I LV ~I th j-JoWJ(,' 9 <::[ ('C<.1t';-f ~ d t fVe" t..uCot y .. ~ I f ~ ~ ~ :"$. Tit",,! "" '-_ I ~~ t-A<>-.. 36,"10 c>1! +4<: Id -<;; 'i"f $Q ~~ ~l~t w.Jt III r:!Y! '" VQ h6"'''~ .}..,~ i4::.f g ~"ks -Par '-Iou r e- f f> -fo;qo~ . . 'IF YOU DI.O NOT RE(!EWE THIS TRANSMISSlpN IN ITS ENTIRETY, PLEASE CALL OUR OFFICE~ 431..1211 .