HomeMy WebLinkAbout96-114 Variance
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JAN I 3 1997
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384710
File No. 96-114 Variance
Doc.
OFFICE OF THE COUNTY RECORDER ~
SCOTT COUNTY, MINNESOTA U~
Certified Filed ~d or Recorded on/7f I~
~~~/:I/)fM' ~
Pat Boe~~~an, County Recorder
by
Deputy
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 96-36PC
.~., ...
o:t;l file in the office ofthe City Planner, City of Prior Lake.
this IOf' day of /'v) Cftttk.ar, 1996.
16200 ~~~I(!k Ave. S.E., Prior Lake, Minnesota 5JS-3~2-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
RESOLUTION 96-36PC
A RESOLUTION GRANTING A 5 FOOT VARIANCE TO PERMIT A 20 FOOT
SETBACK FROM THE SHADY BEACH TRAIL INSTEAD OF THE
REQUIRED 25 FEET AND A 35 FOOT VARIANCE TO PERMIT A 40 FOOT
SETBACK FROM THE OHWL (904 EL.) RATHER THAN THE 75 FEET
REQUIRED FOR A PROPOSED SINGLE FAMILY DWELLING
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Northern Classic Homes (Scott Perkins) has applied for variances from Section 9.3 B
and 9.3 B of the Zoning Ordinance in order to permit the construction of a single
family dwelling with attached garage on property located in the R-1 (Suburban
Residential) District and the SD (Shoreland Overlay) District at the following
location, to wit;
14488 Shady Beach Trail, legally described as Lot 9, Shady Beach No.2
2. Board of Adjustment has reviewed the application for variance as contained in Case
#96-114 and held hearings thereon on November 25, 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,
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
~ ,.~ '. .
.
the fact that the property was platted prior to the adoption of the city's Zoning and
Subdivision Ordinance.
6. The granting of the variances are necessary for the preservation and enjoyment of a
substantial property right of the applicant. The variances will not serve merely as a
convenience to the applicants, but are necessary to alleviate demonstrable hardship.
The factors listed above do not allow for an alternative location of the proposed
structure without variances.
7. The contents of Planning Case 96-114 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 variances 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 for the proposed single family dwelling with attached
garage and deck;
1. A 5 foot variance permitting a 20 foot setback from Shady Beach Trail instead of the
required 25 foot setback.
2. A 35 foot variance permitting a 40 foot setback from Ordinary High Water Level (904
El.) of Prior Lake instead of the required setback of75 feet.
Adopted by the Board of Adjustment on November 25, 1996.
Jf;1f~~fGr
William Criego, Ch ir /
1:\96var\96114va\res9636.doc
2
AGENDA ITEM:
SUBJECT:
SITE:
PRESENTER:
REVIEWED BY:
PUBLIC HEARING:
DATE:
INTRODUCTION:
PLANNING REPORT
4A
CONSIDER SETBACK VARIANCE FROM OHWL AND
IMPERVIOUS LOT COVERAGE VARIANCE FOR
NORTHERN CLASSIC HOMES (K. PARRISH, Case
File #96-114)
14488 SHADY BEACH TRAIL
JENNI TOVAR, PLANNER ~~
DONALD R. RYE, PLANNING DIRECTOR
YES ---X- NO
NOVEMBER 25, 1996
The Planning Department received a variance application from Northern Classic
Homes, who are proposing to construct a single family dwelling with a patio on a
lot that currently has a cabin on it. The existing cabin will be removed. The lot
is located at 14488 Shady Beach Trail, on Prior Lake.
The proposed dwelling has a 22 foot setback from the Ordinary High Water Level
(OHWL) of 904 instead of the required 75 feet (Section 9.3 A of the Zoning
Ordinance). The applicants are requesting a variance of 53 feet 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 37.8 percent,
which is greater than the maximum impervious surface of 30 percent allowed
(Section 9.3 B of the Zoning Ordinance) in the Shoreland District. A variance of
7.8 percent of impervious surface is being requested.
DISCUSSION:
Lot 9, Shady Beach No.2 was platted in 1954. This lot averages approximately
90.28 feet wide by 100 feet deep, for a total area of 9,090 square feet. The
property is located within the R-1 (Suburban Residential) and the SD (Shoreland
Overlay) district. The lot width makes it a substandard lot under the current
Zoning Ordinance. The adjacent parcel to the north is a cabin and the property
to the south is a single family dwelling.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
The proposed dwelling consists of a three bedroom single family dwelling with a
three car attached garage. The patio area facing the lake is intended to have a
roof over it. This makes the design and construction of the roof easier to
manage. The Zoning Ordinance requires that the lowest floor elevation in flood
plain to be 909.3. Furthermore, this elevation must be maintained at least 15
feet around the structure. This prohibits the proposed dwelling from having a
basement, thus the rationale of the applicant for the three stall garage.
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 average 29 feet wide and
approximately 72 feet long. The size of the building envelope limits the
architectural style of the proposed structure to be long and narrow.
2. Such unnecessary hardship results because of circumstances unique
to the property.
Unique circumstances in this case are the substandard size of the lot (9,090
square feet) which was platted in 1954 and the location of adjacent structures
from the OHWL. The property to the south is setback 9 feet from the OHWL
and the property to the north is setback 22 feet from the OHWL.
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 location of the lot are hardships over which the applicant has no
control. The lot was created before the Zoning Ordinance. However, the
variances could be minimized by house design.
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 on the lot 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.
96114pc.doc
Page 2
~
MINIMIZED VARIANCES
The impervious surface variance can be eliminated if the applicant removes
approximately 709 square feet of lot coverage.
Lot Area
Proposed Impervious
Maximum Allowed
Difference
9090 Sq. Feet
3436 Sq. Feet
2727 Sq. Feet
709 Sq. Feet
100%
37.8%
30.0%
7.8%
The DNR recommends eliminating one garage stall. This would also
eliminate hardsurface driveway. Furthermore, the applicant has indicated
that they have attempted to reduce the impervious surface coverage by
moving two of the bedrooms upstairs. According to the applicant, this would
remove about 250 square feet of impervious surface coverage.
Recommended impervious surface changes. (These numbers are estimates
and should be verified by a land surveyor):
3rd Garage Stall
Driveway In Front of 3rd Stall
Move 2 Bedrooms To Upper Level
Remove Roof Over Patio (13 x 18) !Make it a Deck
Total Impervious Surface Eliminated
Percent of Lot Impervious Surface
245 Sq. Feet
150 Sq. Feet
250 Sq. Feet
234 Sq. Feet
854 Sq. Feet
28 Percent
The suggested removals will cause the impervious surface to be in
compliance with the Shoreland Ordinance without any variances.
The variance to setback from the OHWL can be minimized by moving the
proposed structure towards Shady Beach Trail. The proposed setback from
the street is 27.60 feet. The DNR recommends moving the structure closer to
the street to decrease the variance from the OHWL (see attached
comments). This is something staff concurs with. If the recommended
changes to impervious are made, the structure can fit into a building envelope
that is 15 feet from the street and 40 feet from the OHWL (904 EI.).
96114pc.doc
Page 3
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.
RECOMMENDATION:
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. However, the variance to
impervious surface can be eliminated if the applicant makes the changes as
recommend in the staff report.
Staff recommends denial of the variance request to impervious surface, and
approval of a 35 foot variance from the OHWL, permitting the setback to be 40
feet instead of the 75 feet required. Staff also recommends the granting of a
front yard setback variance of 10 feet, making the structure setback 15 feet from
Shady Beach Trail instead of the required 25 feet. This is a compromise of
setback variances.
ACTION REQUIRED:
A motion adopting Resolution 96-36PC.
96114pc.doc
Page 4
RESOLUTION 96-36PC
A RESOLUTION GRANTING A 5 FOOT VARIANCE TO PERMIT A 20 FOOT
SETBACK FROM THE SHADY BEACH TRAIL INSTEAD OF THE
REQUIRED 25 FEET AND A 35 FOOT VARIANCE TO PERMIT A 40 FOOT
SETBACK FROM THE OHWL (904 EL.) RATHER THAN THE 75 FEET
REQUIRED FOR A PROPOSED SINGLE FAMILY DWELLING
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Northern Classic Homes (Scott Perkins) has applied for variances from Section 9.3 B
and 9.3 B of the Zoning Ordinance in order to permit the construction of a single
family dwelling with attached garage on property located in the R-1 (Suburban
Residential) District and the SD (Shoreland Overlay) District at the following
location, to wit;
14488 Shady Beach Trail, legally described as Lot 9, Shady Beach No.2
2. Board of Adjustment has reviewed the application for variance as contained in Case
#96-114 and held hearings thereon on November 25, 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,
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
the fact that the property was platted prior to the adoption of the city's Zoning and
Subdivision Ordinance.
6. The granting of the variances are necessary for the preservation and enjoyment of a
substantial property right of the applicant. The variances will not serve merely as a
convenience to the applicants, but are necessary to alleviate demonstrable hardship.
The factors listed above do not allow for an alternative location of the proposed
structure without variances.
7. The contents of Planning Case 96-114 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 variances 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 for the proposed single family dwelling with attached
garage and deck;
1. A 5 foot variance permitting a 20 foot setback from Shady Beach Trail instead of the
required 25 foot setback.
2. A 35 foot variance permitting a 40 foot setback from Ordinary High Water Level (904
El.) of Prior Lake instead of the required setback of75 feet.
Adopted by the Board of Adjustment on November 25, 1996.
ffd!~~
William Criego, Ch ir
1:\96var\96114va\res9636.doc
2
NORTHERN CLASSIC HOMES
Impervious Surface and OHWL Setback Variance
Case #96-114
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RECOMMENDED AREA TO BE REMOVED
3rd Garage Stall
Driveway In Front of 3rd Stall
Move 2 Bedrooms To Upper Level
Remove Roof Over Patio (13 x 18) IMake it a Deck
Total Impervious Surface Eliminated
Percent of Lot Impervious Surface
245 Sq. Feet
150 Sq. Feet
250 Sq. Feet
234 Sq. Feet
854 Sq. Feet
28 Percent
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SENT BY: DNR;
11-15-96 2:53PM; 6127727573 =>
6124474245;
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Project Review Worksheet r~! NDY' 51996 IU
ONR - Division of Waters / Metro Region U I
Project Name No~~.",..,,_.~ IA$S'~ ~
s~ +- \1M""'~I"7NS S CJ~ \I~,c..s
Project Type (check all that apply):
CJ Preliminary Plat
o Final Plat
o Subdivision
OPUD
8- Variance
CJ Other
DNR Jurisdiction (answer all):
Yes No
Floodp lain 0 0
(MS.I0'3F.lOl)
Yes No
Protected Waters 0 0
(M.S.I03G.245)
Yes No
Shoreland c.. 0
(M".S.I 03F.20 1)
Yes No
Water Appropriation 0 0
(M.S.I03G.2S5)
Comments W~ ~ -h. S~ ll::<<- '~ ~
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Recommendations and Proposed Conditions Z>~Vlf!.. /i1-'~,..- ~_.J<: r;t,..,"J
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SURVEY PREPARED FOR'
NORTHERN CLASSIC HOMIX~
C/O SCOTT PERKI NS. -..'"
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3152 BUTTERNUT CIRCLE' .,,:1--
""'lOR LAKE, MN. 55372
(512l440-7150 '
Valley Surveying Co., P.A~
16670 FRANKLIN TRAIL S.E.
PRIOR LAKE, MN. 55372
(6/2) 447-2570
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910.6
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. North line or lot 91
NB40 17' 34"E.
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Sou'~ line of lot 9 .J Fd. I.M. per
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n~~RIPTION:
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E\.. 9027
5/\6/96
l.ot 9, SHADY Bl::Ar~1! NO.2, Scott COllnty, rHnn""ota. AI"" "hoc'in,! the locatIon of
all visib.1 P. iel~IC()W~IT1~~ntR and encrortchrr~f)t.::; onto ann of r i>:Oll rVi id pcoperty if
any.
00l'ES: BenchlT11lC'k elevation C)()H.13 top nut "r thp. hydC'i'mt at lot to.
.
906.R n~notef; ~xi~tinq <.feound e.le"ationfJ ~:PC U. 3. c;. S. 1979 Adj. Datum.
.~
Net [.ot AI,';,,, tD elp.vation <)04.0 ~ ~l,[nO :0;'1. ft.
Net proposed impervious surface = 37.8%
(~9.!3~DDenotes proposed finished grade elevation
--.--'>- Denotes proposed direction of surface drainage
Set garage slob at elevation 909.30
Set top of block Of elevation
The lowest floor will be at elevation 910.00
o
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SCALE
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60
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IN
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o Oenot.. 1/2 inch. f4 inch iron
monument ..t and mariled by.
license No 1018.3
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rlU: No 8316
8001< ~PAeE-2!.-
PLANNING COMMISSION MINUTES
NOVEMBER 25, 1996
1. Call to Order:
The November 25, 1996, Planning Commission meeting was called to order by Chairman
Criego at 7:00 p.m. Those present were Commissioners Criego, Kuykendall, Stamson,
V oOOof and Wuellner, Director of Planning Don Rye, Planning Coordinator Jane Kansier,
Planner Jenni Tovar, Acting Engineer John Wingard and Recording Secretary Connie
Carlson.
2. Roll Call:
Starn son
Kuykendall
V onhof
Wuellner
Criego
Present
Present
Present
Present
Present
3. Approval of Minutes:
MOTION BY WUELLNER, SECONDED BY VONHOF, TO APPROVE THE OCTOBER 28,
1996, MINUTES AS SUBMITTED.
V ote taken signified ayes by Wuellner, V oOOof, Kuykendall, Criego and Stamson.
MINUTES APPROVED.
MOTION BY WUELLNER, SECONDED BY VONHOF, TO APPROVE THE OCTOBER 29,
1996, MINUTES AS SUBMITTED.
Vote taken signified ayes by Wuellner, V oOOof, Kuykendall, Criego and Stamson.
MINUTES APPROVED.
MOTION BY WUELLNER, SECONDED BY STAMSON, TO APPROVE THE NOVEMBER
12,1996, MINUTES AS SUBMITTED.
V ote taken signified ayes by Wuellner and Stamson. MINUTES APPROVED.
Commissioners V oOOof, Criego and Kuykendall were not present at the meeting and
abstained from voting.
4. Public Hearings:
A. Case #96-114 Variance request from Northern Classic Homes requesting a
variance to permit a 22 foot setback from the Ordinary High Water Level (OHWL)
of Prior Lake instead of the required 75 feet; a variance to permit impervious
MNl12596.DOC
PAGEl
surface lot coverage of37.8% rather than the maximum 30% impervious lot
coverage allowed; for the construction of a single family dwelling on property
located in the R-l District and the Shoreland Overlay District identified as 14488
Shady Beach Trail.
Planner Jenni Tovar, presented the information from the staff report dated November 25, 1996.
The proposed dwelling has a 22 foot setback from the Ordinary High Water Level
(OHWL) of 904 instead of the required 75 feet. The applicants are requesting a variance
of 53 feet 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 37.8 percent,
which is greater than the maximum impervious surface of 30 percent allowed in the
Shoreland District. A variance of7.8 percent of impervious surface is being requested.
The staff concluded the size and 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. However, the variance to impervious surface could be eliminated
if the applicant makes the changes as recommend in the staff report.
Staff recommended denial of the variance request to impervious surface, and approval of
a 35 foot variance from the OHWL, permitting the setback to be 40 feet instead of the 75
feet required. Staff also recommended granting a front yard setback variance of 10 feet,
making the structure setback 15 feet from Shady Beach Trail instead of the required 25
feet. This was a compromise of setback variances.
The DNR sent a written response recommending denial of the variances as proposed.
Comments from the public:
Scott Perkins, of Northern Classic Homes, 3251 Butternut Circle, said they can work out
staffs recommendations. He feels it is squeezing it pretty tight at 30% but the
impervious surface issue can be eliminated. The applicants would like a 3 car garage
which will help store equipment.
John Mayerle, stated his mother owns the adjacent property at 14492 Shady Beach Trail,
and spoke on her behalf. His aunt owned the subject property. His main concern is the
lake setback. The lake has become increasingly dirty because of the runoff. It is critical
to have as much filter as possible. A 40 foot setback is more reasonable. He has a
problem visualizing the homes in the area and this home would be set too close to the
lake. Another issue is with a home built so close to the beach, it will cut off the lake sight
line. Mr. Mayerle would like to see as much grass filter as possible.
Randy Miller, of 14448 Shady Beach Trail, stated his concern for the lake setback. He
would like to see the setback variance go to 40 feet. Does not like to see the tightness
between the homes with the side yard setback.
MNl12596.DOC
PAGE 2
Comments from the Commissioners:
V onhof:
· Questioned the lake setback averaging.
· Agreed with the staff report with regard to the impervious surface. It is adequate at 30%.
· Staff recommendation utilizing the setbacks would give an adequate building envelope.
· Concern for driveway - too short.
· Supports - based on hardship criteria.
Kuykendall:
· Concern for 15' driveway. Favor an 18' driveway.
· Support the setbacks as suggested by staff.
· Hold impervious surface at 30%.
· Driveway is encroaching on property line.
Stamson:
. Concurs with Commissioners.
· Hold at 30% impervious surface
· Agreed staff's setback recommendations.
· Good trade off given the constraints with the lake.
Wuellner:
· The property owner has right to reasonable use to his property.
· It is a substandard lot but it is clear the design choice was made by the applicant.
· The hardship is the design of the house. There are many other alternatives.
· Will not support any variances.
Criego:
· Concern for the short driveway of 15 feet.
· Mr. Perkins explained the 15 foot driveway and the problems created by Shady Beach Trail.
· There are 3 homes located after the property to a dead end road.
· Agreed with recommendations by staff. There is plenty of room for cars. The street is never
going to be enlarged.
· Feels strongly about the 30% impervious surface, the lake setback and side yard setback.
Open discussion:
· Kuykendall questioned Mr. Mayerle on his aunt's property. Mr. Mayerle understands the
property and structure and felt it was reasonable to have a home built, but within limits.
· V onhof feels a driveway setback is still important. Once the structure is in it cannot be
moved back. Only suggestion would be is to change the 15 foot to a 20 foot driveway.
· Stamson suggested to redesign the house and come back. A variance will have to be granted
to build the house. It is still an adequate building envelope.
MN112596.DOC
PAGE 3
· Wuellner feels there are numerous alternate designs. The only variance would be a lake
front setback.
· Kuykendall suggested to table the redesign the home.
Mr. Perkins said he is sensitive to the neighbors' concerns. The hardest thing is to design is not
knowing what the perimeters are. With cost of the lake property it is hard to satisfy the public.
He has no qualms about redesigning but has considered these alternatives already. Would like
more direction.
Criego recommended a 10 foot setback on either side of the property.
Rye explained the Commission cannot take away an ordinance giving a 5 foot variance on the
side yard.
MOTION BY VONHOF, SECOND BY KUYKENDALL, APPROVING RESOLUTION 96-
36PC A 5 FOOT V ARIANCE TO PERMIT A 20 FOOT SETBACK FROM THE
SHADY BEACH TRAIL INSTEAD OF THE REQUIRED 25 FEET AND A 35 FOOT
VARIANCE TO PERMIT A 40 FOOT SETBACK FROM THE OHWL (904 EL.)
RATHER THAN THE 75 FEET REQUIRED FOR A PROPOSED SINGLE F AMIL Y
DWELLING.
Vote taken signified ayes by V onhof, Kuykendall, Stamson and Criego. Nay by Wuellner.
Motion carried.
B. Case #96-107 Public Hearing to consider an amendment to the Zoning
Ordinance relating to the treatment of communications antenna and equipment
shelters.
The hearing was open to the public at 7:46 p.m.. There was no attendance by the public.
Planning Coordinator, Jane Kansier, presented the Planning Report dated November 12,
1996.
The hearing is to consider an amendment to the Zoning Ordinance as it relates to the treatment of
communications antennas and support buildings. The amendment has several parts. First, the
existing definition of Essential Services is broadened to include telecommunications as a utility.
Secondly, a definition of "Equipment Shelters" is proposed. Finally, the amendment addresses
the standards for the construction of equipment shelters.
The telecommunications industry is expanding rapidly, and several companies have approached
the City with requests to utilize existing water tower sites for the antennae and other equipment
needed to provide this service. The City of Prior Lake currently has two such lease agreements,
with antennae on the Prior South water tower and on the water tower located at Crest Avenue
and CSAH 42. The City Council recently adopted a standardized water tower antennae
agreement to address the requests for use of the water tower. However, a recent review ofthe
MN112596.DOC
PAGE 4
I.S.D,624
ID:7736056
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SEP 03'96
9:51 No.008 P.02
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Pl'"oporty Id.otln..thm NO.~S.:
City of Prior Lake\< ({I r...a-o
LAND USE APPLICATiUN dJ -01'0 -Ov J
16200 Bille Creek Avenue S.E./ Prior 1.ake, Minnesota S5312-17141 Phone (612) 447-4230. Fax 612) 447.4245
Typ' Qr AppllcatlOfti 1I1'Iet dc!cr\ptloft Dr proposed project (attacb I'fJdltlnnlll
tl ftozonin8. trOnl (preunt 2nlilnr) sheets/narratIve if deslrod)
to (DroDo5e~ zon1nl)
o Amendment to City Code, Compo Plan or CIty Ordinance
[] Subdivision of 'I, and
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Applicable Ordlnlne~ SeeUon(s):
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Home Pllono: . 7.;;. ~ \Vork Phouel
Type of Ownenhip: Fee -L Contract for Deed _. PW'Ch;c Agreement ~
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Work Pbone:-",--1fO !?W 0 ",
Leea1 De.erlption ofProp.rty Attac.h El copy if there is not cnouah space on th.is sheet):
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To thlJ lit or kno,.-Iedae the InrorlQaUon procidec1 In thil application and otber mlterilll .ubmittec111 correct. In
Iddlt . I hi I r ad the rele".nt I.ctlon. of the Prior lake Ordinance and ptO\1edllrlll\ljdellaCS, and ulld"r......d that
appl tloh n be proe....d until Lleamld complete by th- PIBnnln, Director ~r Ililgn...
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THIS 5PA.CE TO BE FILLEP IN IIY THE PLANNING D1P.ECTOR OR DESIGNEE
PLANNING COMML::llSIQN
CITY COUNCIL
-^,PPROVED
APPROVED
DENISE>
DENtED
DATE OF HE^PJNCi
DA TB OF ImAIlING
CONDITIONS:
SliOllUre ofPlannin8 Dlrt~toror De.isnee
Date
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RECEIPT
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29902
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DATE
CITY OF
PRIOR LAKE
16200 EAGLE CREEK AVE. S,E., PRIOR LAKE, MN 55372
Received of
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Reference Invoice No.
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~ceipt Clerk for the City of Prior Lake
AFFIDAVIT OF SERVICE BY MAIL
COUNTY OF SCOTT )
)ss
STATE OF MINNESOTA)
pVI of the City of Prior Lake~ty ofSeot!, State of
Minnesota, being duly, worn, says on the R day of , 1996, she served ,{
the attached list of pe,rson to hav !Jlterest in the JJ.aF1 c;;;;;z;[ ~ ~ It "'t
n 1 ~ , by mailing to them a copy thereof,
enclosed in an envelope, po stag 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.OOC
PAGB
NOTICE OF HEARING TO CONSIDER THE FOLLOWING VARIANCES:
A VARIANCE TO PERMIT A 22 FOOT SETBACK FROM THE ORDINARY HIGH WATER
LEVEL (OHWL) OF PRIOR LAKE (904 EL.) INSTEAD OF THE REQUIRED 75 FEET;
A VARIANCE TO PERMIT IMPERVIOUS LOT COVERAGE OF 37.8% RA THER THAN
THE MAXIMUM 30% IMPERVIOUS LOT COVERAGE ALLOWED;
FOR THE CONSTRUCTION OF A SINGLE FAMILY DWELLING ON PROPERTY LOCATED IN THE
R-1 (URBAN RESIDENTIAL) DISTRICT AND THE SD (SHORELAND OVERLAY) DISTRICT
IDENTIFIED AS 14488 SHADY BEACH TRAIL.
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, November 25,1996, at 7:00 p.m. or as soon thereafter as possible.
APPLICANTS:
Northern Classic Homes
3152 Butternut Circle
Prior Lake, MN 55372
PROPERTY
OWNERS:
Katherine Parrish
1630 David Street
St. Paul, MN 55119
SUBJECT SITE:
14488 Shady Beach Trail, legally described as Lot 9, Shady Beach No.2,
Scott County, MN.
REQUEST:
The applicants are proposing to remove an existing cabin and construct a
single family dwelling on a lot which will have a 22 foot setback from the
OHWL of Prior Lake instead of the required 75 feet, and the total impervious
surface of the lot will be 37.8% rather than the required maximum coverage
of 30%.
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.
96-082va\96082pn.doc 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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: November 13,1996
96-082va\96082pn.doc
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UNIVERSAL TITLE
14180 Commerce Ave. N.E., #107
Prior Lake, MN 55372
(612) 447-7949
(612) 447-7950 FAX
IOGl
2. 9 1996
\~
;;on,:'~;:;'
o
September 4, 1996
Northern Classic Homes, Inc.
3152 Butternut Circle
Prior Lake, MN 55372
ATTN: Scott Perkins
RE: 100 FOOT RADIUS SEARCH FOR THE LANDS DESCRIBED AS FOLLOWS:
LOT 9, SHADY BEACH #2
FILE NUMBER: 77-04445E
Dear Scott Perkins:
We have examined the records in the office of the County Recorder, Scott County,
Minnesota and have found the following persons to have an interest in the property
within a 100 foot radius of the above described property.
bt0{L wl~v~
1.
Randla D. and Karen M.
14484 Shady Beach Trl.
Prior Lake, MN 55372
Parcel #25-046008-0
Mi 11 er
NE
Lot 8, Shady Beach #2
2. Katherine A. Parrish
1630 David St.
St. Paul, MN 55119
Parcel #25-046009-0 Lot 9, Shady Beach #2
3. Ruth M. Mayerle Living Trust
3310 Creek Shadows
Kingwood, TX 77339
Parcel #25-046010-0 Lot 10, Shady Beach #2
4. Jan E. and Ann T. Mathiesen
14496 Shady Beach Trail NE
Prior Lake, MN 55372
Parcel #25-046011-0 The South 65' of Lot 11, Shady Beach #2
5. Jeanette Pomaville Living Trust
14500 Shady Beach Trl NE
Prior Lake, MN 55372
Parcel #25-046012-0 Lot 11, Except the South 651 thereof, Shady Beach #2
UNIVERSAL TITLE a Division of
FIRST AMERICAN TITLE INSURANCE COMPANY
/J/t;1r{V Qf ~ YJLV
Aul:horlzed Slgnatu e I /
UNIVERSAl. nn.E INSURANCE COMPNN
C-:I. UCENSED ABS'mACTOR
~ STAlE OF MINNESOTA
January 3, 1997
Mr. Bruce A. Mayerle
Attorney at Law
5370 Bentley Road, Suite 201
West Bloomfield, MI 48322
RE: 14488 Shady Beach Trail
Variance Request
Dear Mr. Mayerle:
Enclosed is a copy of the minutes of the Planning Commission meeting of November 25,
1996 as well as copies of sections of the Zoning Ordinance as you have requested. Please
call me if you have any questions.
/~SinCerelY' . J fV01
'-
" , nni Tovar
Planner
enc.
Document2/JKT
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
December 23, 1996
Scott Perkins
Northern Classic Homes
3152 Butternut Circle
Prior Lake, MN 55372
RE: 14488 Shady Beach Trail Variance
Dear Scott,
On November 25, 1996 you were granted a variance by the Planning Commission of the
City of Prior Lake. The certified copy of the resolution was picked up by you on
December 10, 1996. City Ordinance requires that the resolution be recorded with the
County Recorder within 60 days and that the applicant provide the city with proof of
recording.
Your 60 days will expire on January 25, 1997. If you do not provide the city with proof
of recording (via copy of resolution or certification of original resolution with stamp/seal
from county) by that date then a building permit will not be issued for your proposed
single family dwelling. The proof of recording must indicate the address or PID of the
property and the resolution number that was recorded by a document number. The
county can supply a written verification or stamp and sign the resolution or a copy of it.
Furthermore, if the city does not receive proof of recording by the deadline, your variance
will become voided, and a new variance will have to be applied for.
Attached is the variance procedure section from the Zoning Ordinance. Please call us if
you have questions.
Sincerely,
().f ;iIVtU Jc1iaA../
~.Tovar
Planner
LETTER.DOC/JKT
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
December 10, 1996
Mr. Bruce A. Mayerle
Attorney at Law
5370 Bentley Road, Suite 201
West Bloomfield, MI 48322
RE: 14488 Shady Beach Trail
Variance Request
Dear Mr. Mayerle:
Enclosed is a copy of the staff Planning Report as well as a copy of Resolution 96-036PC
for your records. If you have any questions do not hesitate to contact me.
Sincerely,
(!m~
Connie Carlson
Planning Dept. Secretary
enc.
16200 ~reek Ave. S.E., Prior Lake, MinnescMf'55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
SENT BY:
11-20-96; 17:08;
1810932340~
6124474245;# 1/ 3
kinkcn"
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fax cover sheet
Your bnmch office
Kinko's of Farmington Hills. Ml · Telephone: (810) 932.3373 . Fax: (810) 932-3409
Date ~ 1/.2 l~) ) (7&)
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SENT BY:
11-20-96
17:08
18109323409--t
6124474245;# 2/ 3
5370 Bentley Road, Stc. 201
West Bloomfield, MI 48322
November 20, 1996
Prior Lake Planning Commission
16200 Eagle Creek Ave. S,.:E.
Prior Lake, MN 55372
Re: Variance Requp.st _
14488 Shady Beach Trail
Dear ,P);anning Commission:
I represent' .Mrs. Ruth Mayerle in the variance request being
sought by Northern Classic Homes for the property loc,ated at 14488
Shady Beach Trail ( legally described as Lot 9, Shady Beach No.2,
Scott County, MN ). T~e hearing on the variance request is to be
hold on Monday, November 25,1996, at the Prior Lake Fire Station # 1.
Mrs. Mayerle will be unable to attend the hearing. Mrs. Mayerle
owns the property adjoining the proper~y for which the variance is
being sought. The Mayerle property is located at 14492 Shady Beach
Trail ( legally described as Lot 10, Shady Beach No.2, Scott County,
MN ). This property has bean owned by Mrs. Mayerle for over 40 years.
Mrs. Mayerle believes the current requirements of the Zoning Ordinance
sho~ld he upheld and the variance request should be denied for lhe
following reasons:
(1) The propery' involved is a small lot. An incre~6e
in the imperviou~ surface coverage from 30% to 37.8%
would allow a structure to be built that would be
too large for the lot. The present structure on the
property is a seasonal cabin. In order to properly
fit On the lot, the cabin was built right up to the
prop(!rt:y line of the Mayerle I slot. A""much larger
new structure wouJd also encroach on th~ property
line in order to properly fit on the lot. This could
result in a reduction in the value of tho Mayerle's
property.
(2) An increase in tho permitteu impervious surface
coverage would result in a removal of natural vege-
tation. This property is located in a scenic area
of Shady Beach Trail that is naturally vegetated by
a diverse variety of trees and other plants. A re-
moval of this vegat~tion would result in a degrada-
tion of the natural esthetics of the area. This
could result in a reduction in value of the other.
properties in the area.
SENT BY:
11-20-96
17:08
1810932340fb
6124474245;# 3/ 3
Prior Lake Planning Commission
November 20, 1996
Page 2
(3) A setback of only 22 feet from the ord!nary
high water level of Prior Lake would allow a large
structure to be placed much too close to the water*
A large structure this close to the water would re-
sult in an increase in the flow-off of household
pollutants into the lake. A setback of greater than
22 f~et ( 50 to 60 feet ) would reduce the pollution
problem. Also, a large structure this close to t~c
water would degrade the lakefront esthetics of the
area. A large structure that was setback further
from the lake than 22" feet would blend in better
with the natural esthetics of the area.
If you would like to further discuss any of these points,
please contact me at (810) 661-2157, Thank you for your con-
sideration of this matter.
~relY, ~.
~~f:1.~
Bruce A* Mayerle
Attorney At Law
cc: Mrs. Ruth Mayerle
14Y<&'Y S~ ~ \r~
SURVEY PREPARED FOR:
NORTHERN CLASSIC HOM~S
C/O SCOTT PERKI NS ,:e.0\tl
3152 BUTTERNUT CIRCLE
PRIOR LAKE, MN. 55372
(612) 440 - 7150
Valley Surveying Co., 24-
16670 FRANKLIN TRAfL S.E.
PRIOR LAKE', MN. 55372
(61Z) 447-2570
~
.
.,.
\. ..,
\
PR\ Of'
El.. 902.1
5/ \6/ 96
~ .O.,W'CC-~
~ 90~6
~52
\ :~)
\ "-' 910.6
910.15 "
"North lineof\~t91
N840 \7'34 E
_._10'5~---
. \ 00. 00 .~_.....,..
f.~.- -ZI 90:; l~
. ,- ',.
~.s ~i i ))- .won:
L: ( . .;1
(909,3" i;t ...,~ " . ATlC : ~:I
-~ ~/ - ----~O:.rl.t.. "~.h~ . I ~'"
_90tU, 9~~.9 r-:' 91O.Q .PRCPhSED "I, : l! >- ~
- - - - -:-1, .. 4 ~- Hou'SE . tJt!l! ~'"
=:jJ -<--_ 191~.,. 'I~. ~ ~ ~ i
DRIVE . o.!::: :f 0 c:' I;. (II ..~, '"
__,27.60, ~ ~. GARAGE I tJt, ~ ~ 'j. II'
\ 1= t ~I ~u k:.~:'
---t 4e .
go6 6 q ( 'iHi;:-3) ;;;;.; - ~ \ 7
. ~ _.IOO.~O--" ~ 2... .
........-
gO~.1
. .
~
o
.,.
0'"
--an..'I-
ci~
Existing
House
Q
,--.I
_ __ 11'3 t -._
S89039'37"W
SoU1h line of Jot 9..J
...- j\
33.&9- -' '--
Fd, ..,......,
II/if;*
slJfil~
/ 1
......
DECK
DF...sc.:1l\InrON :
tot', .SftAnY BEAr.B NO.2, Scott County, r1inn~~ota. Alec sho\<.dnq the 10C".ati~'bf
all visible impcovements Clnd encr::-oCichrnents onto and off fr.-olll said property if
a#IY .
NOTES: Benchmark elevation 908.13 top nut of the hydrant at lot 10.
"
~.8 Denotes existinq gt:'otmd elevations per U. S. G. S. 1929 Adj. fRltum.
Net Lot An~a to elevation <)04.0 -c 9,090 sq. ft.
Net proposed impervi OUS surfa ce :: 37. 8 %
(909.~ JOenotes proposed finished grade elevation
.,.... Denotes proposed direction of surface drainage
Set garage slab at elevation 909.30
Set top of bloc\< at elevation
The lowest floor will be at elevation 910.00
o
I
SCALE
30
:1
IN
60
~
FEET
o DenOl.. 1/2 inch II "" inch iron
monument Nt and marked by
license No 10183
. Denotes iron m~t found
~ Denotes P K. Nail set
FILE No. 8316
'I
\.oAKE
~"~
't
BOOK ZI$,,1!ilI8t 38
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