HomeMy WebLinkAboutVA89-01 Variance
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crT'{ OF PRIOR LAKE
APA:.lCATIOO FOR VARIANCE
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pm. 25-10001lf.-O
89-U1
Applicant: John M. Mever aane Phone: 815-5929
Address: ~300 Ewing Road Blooml~ton. IIN. 55q.J1Work Phone: 72~-82""1
Property O\o1ner: Jerume A. Hennen Hane Phone: ,+45-101)
Address: 82.5 S. Dakota St. Shakopee. M. 55"3"1'1 Work Phone: 445-0370
Type of CMnership: Fee Contract x Purchase Agreement
Consul tant/Contractor: J'hone:
Existing Use
of Property:
Proposed Use
of Prcperty:
Legal Description
of Valiance Site:
Vf\Q('),UI
~resent zorJ.ng:JlJ ,S ()
Variance Requested:
Seasonal Cabin
Lo~s 41. 44. and 4~. Twin Isles
tak~.Jo"'('. 37 S E,f-. Rf'ai to!
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Bas the applicont previously sought to plat, re~one, obtain a varianc~ or conditional
use permit on the subject site or any part of it? Yes..:J. ~
~bat was requested:
When: Pisposition:.
Describe the type of inprO'Jw..~..~sproposed:~tlL)j}1)( i LI _<;[(1 '.JL11f.( t (i/L{:r"}1
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SUBMISSICN .N:I.J\JIREMEm'S:
(A)Canpleted an;>lication form. (B) Filing fee (C)Certified frCJ:I abstract firm, names
and addresses of property owners within 100 feet of the exterior boundaries of the
subject property. (D)Camplete legal descr.iption , Property Identification Number
(pm). (E)Deed restrictions, if applicable. (F)An area map at 1-=200' available
fran the City EhgineerineJ Section showing: existing tvt'''''':Iraphy, utilities, lot
boundaries, building easements and soil test data if pertinent within 300 feet.
(G)A parcel map at 1--20'-50' showing: The site devel\..,~..,nt plan, buildin<Js:
parking, loadin<J, access, surface drainage, lamscapin<J and utility service.
CH,Y COMFLETE APPLICATIONS 'QW.,L BE RE.VIBm:> BY 'mE PI.ANNIR:; CDMMISSIOO.
To the best of ~ knowledge the information presented on this form is correct. In
addition, I have read Section 7.6 of the Prior Lake ZOning Ordinance which specifies
requirements for variance procedures. I agree to prcwi~i1ormation and follow the
,t'L......,aures as outlined in the Ordinance. ~ I1l. ;14
Awli~~ Signature ~
sutmitted this /3 ~ of jJ Ec ,19.0 ""(:7""-
_ P[;rC~i.""~ li<tI'..1t'n'.v,1f / (1fMAI;/~r ~~ Signature
THIS SPN::E IS TO BE FII..Lm OOT BY mE PLANNIR:; ,",'.Ll\I"A..,I,vt\
PLN-u.iW.N CDfIotISSIOO X APPROI7lD
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SigMture Of the Planning Director
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89-0.1
CITY OF PRIOR LAKE
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PLANNING COMMISSION
MINUTES
JANUARY 19, 1989
The January 19f 1989, Prior Lake Planning C~mmission was called
to order at 7:30 P.M. by Chairman Wells. Pr~sent were
Commissioners Loftus, Rosethf Wells, Kedrowski, Assistant City
Planner Deb Garross, and City Intern Gary Schmitz.
Commissioner Arnold arrived at 7:32 P.M.
ITEM I - REVIEW MINUTES OF PREVIOUS MEETING
MOTION BY KEDROWSKIf SECOND BY LOFTUS, TO APPROVE THE JANUARY 5,
1989 MINUTES AS PRESENTED.
Vote taken signified ayes. Motion carried unanimously.
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~r. John Meyer, 8300 Ewing Road, Bloomington, MN stated that his
.~intent is to build a. seasonal cabin on Twin Isles and is
~requesting a 37.5 ft. lakeshore and 21 ft. rear lot variance.
M'
~Deb Garross, Assistant City Planner, stated that Mr. Meyer has
;met the stipulations of Resolution 78-22 that governs
(construction on Twin Isles. Staff has requested the following
~restrictions to be included on the application.
~ 1. Tree removal be restricted to the area needed to construct
,~'J: the cabin.
~ 2. Gray water disposal system be located on Lot 43, which
~. will require a 75 ft. setback.
~ 3. Restore natural vegetation as specified under shoreline
in regulations.
I 4. Identify method used for lake access with the least
~ amount of soil erosion potential.
~ 5. Provide staff with information on method which vegetation
i cover can be restored on southerly face.
Ir. Meyer stated there would be no problem with these conditions.
liscussion by the Commissioners concerned soil erosion potential
af south face slope area, location and tyt)e of construction of
~airs proposed for lake access, well location and gray water
g[sposal system proposed.
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(812)447.4230
4829 DAKOTA STREET S.E.
PRIOR LAKE, MINNESOTA 55372
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89-01
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~ Prior Lake Planning Commission Minutes January 19, 1989 Page 2
I r1i~~~o:i ~gL~i ~~~O:~A:Y y~gR~:~~M~
~.~.
~m TWIN ISLES, CONTINGENT UPON THE MEETING
~ DOWN AND RECOMMENDED BY STAFF.
I ~HET~~~I:~MOVAL BE RESTRICTED TO THE AREA NEEDED TO CONSTRUCT
~ 2. GRAY WATER DISPOSAL SYSTEMS BE LOCATED ON LOT 43 AT LEAST
~iJ
~,v. 75 FT. AWAY FROM THE 904 CONTOUR.
3. NATURAL VEGETATION BE RESTORED AS
SHORELAND REGULATIONS.
I 4. APPLICANT IDENTIFY TO THE SATISFACTION OF STAFF THE METHOD
I', BY WHICH HE INTENDS TO ACCESS THE LAKE SPECIFICALLY PLANS FOR
CONSTRUCTION OF STAIRS SO THAT THE MINIMUM AMOUNT OF GROUND
COVER BE DISTURBED.
: 5. THE APPLICANT PROVIDE STAFF WITH PLANS BY WHICH THE SOIL
~ AND VEGETATION CAN BE RESTORED ON THE SOUTH FACE OF THE
t SUBJECT SITE.
L,VBt8t'ak8lif~ft9H1f:IVa~iY.i:i9im;ilfili10U.lY':'i.f\~'M~tion i: carr-ied, '\;'.'1
ITEM III - 99~?REHENSIV~ ?~ AMENDMENT REZONING PUBLIC HEARING
APPROVE THE 37.5 FT.
FOR LOTS 43, 44, AND 45,
OF THE REQUESTS AS SET
SPECIFIED
UNDER
Assistant City Planner Garross summarized the location and
procedure for this item, as the public did not receive adequate
notice, it would have to be tabled until notice can be given.
MOTION BY KEDROWSKI, SECOND BY ARNOLD, TO TABLE THE PUBLIC
HEARING FOR COMPREHENSIVE AMENDMENT AND REZONING.
Vote. cakC::11 signified ayes unanimously. Motion carried.
MOTION BY LOFTUS, SECOND BY KEDROWSKI, TO CLOSE PUBLIC HEARING.
Ayes carried motion unanimously.
Gary Schmitz was introduced to the Planning Commission and gave a
short summary on his background and duties while interning at
Prior Lake City Hall.
Discussion on retreat. Horst Graser will
information to the C.."," "issioners .
MOTION BY LOFTUS, SECOND BY ROSETH, TO ADJOURN MEETING.
Vote taken signified ayes. Motion carried unanimously.
Meeting adjourned at 8:15 P.M.
*Tape of meeting available at City Hall.
send
further
Deb Garross
Assistant City Planner
Rita M. Schewe
Recording Secretary
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CITY OF PRIOR LAKE
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89-0J.
LAKESHORE AND SIDE YARD VARIANCE REQUEST
JOHN MEYER
SUBJECT:
To consider a 37.5' lakcshore and 21' rear
application for Lots 43, 44 and 45, Twin Isles.
has proposed to build a seasonal cabin on the
per attached survey and information.
STAFF ANALYSIS:
The subject site consists of three lets which are zoned R-1 urban
Residential and located within the shoreland district. Twin Isles
is located on Prior Lake north of the existing public access on
Dewitte Avenue. The island is developed with approximately 13
seasonal cabins which have been built prior to 1975. The
topography of the subject site is such that there is a relatively
flat area in the location pro~osed for the cabin, and a steep
embankment which drops off dramatlcally to the lake. The site is
wooded with mature trees and an abundance of brush however, the
embankment contains several dead or dying trees and little
vegetation cover. The lack of vegetation concerns staff due to
the potential of bare soil eroding into the lake.
yard variance
The applicant
subject site as
~
The development of Twin Isles is governed by current zoning
requirements and Prior Lake Resolution 78-22. The applicant, has
meet all of the conditions set forth in the Resolution except for
item 2 which specifies that all structures meet setback
requirements. (See attached information for reference to
documents required under Resolution 78-22). The comments from
the DNR are attached as per letter dated January 5, 1989. The
recommendations from the DNR are to approve the variance as
requested with the addition of three contingencies: Lots 43, 44
and 45 be combined: Drain field for graywater disposal be located
on Lot 43, 75 feet back from the 904 contour and that tree
removal be limited to the area needed to construct the cabin and
access to the lake.
!1~-i,
STAFF EVALUATION:
The apPlicant, has complied with the intent of the ordinance and
has attempted to minimize the amount of variance needed. The
required setbacks for unsewered properties in the shoreland
district are 100 feet from the 904 and ,25 feat from the rear yard
setback, or a total of 125 feet. The depth of.the lots is
approximately 115 feet. Literal enforcement of the ordinance
would preclude development of the lot.
(612) 447.4230
4629 DAKOTA STREET S.E.
PRIOR LAKE, MINNESOTA 55372
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The hardship in this case is not caused by the applicant or
previous owners. Twin Isles was platted in 1925 into lots which
no longer meet existing requirements. However, Section 4.1 of
the Zoning Ordinance allowa lots of record to be used for
erection of structures even though their area and width are less
than the minimum requirements of the ordinance. The applicant
owns three lots which are combined under one tax identification
number. The three lots combined contain approximately 15,300
square teet of area. Staff believ~s that this variance observes
the spirit and intent of the ordinance and is not excessive or
contra~y to the public interest.
STAFF RECOMMEND~TION:
The recommendation from staff is to approve the variances as
requested subject to the following conditions:
1. Tree removal be restricted to the area needed to construct
the cabin.
2. Graywater disposal system be located on Lot 43 at least 75
feet from the 904 contour.
3. Natural vegetation be restored as specified under Shoreland
Regulations.
4. Applicant identify to the satisfaction of staff, the method
by which he intends to access the lake. Specifically, plans
for construction of stairs so that the minimum amount of
groundcover is disturbed.
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89-01
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JOHN M. ME:YE
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"'1011 LAIC!. IIlHNESOTA" '
TEI.C~C ('111447-670'.
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REQUEST:
37.5' Lakeanore Variance
21' Rear Yard Varianoe
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NOV ~ l 1C~88
November 16, 1988
Mr. Gary Staber
CITY OF PRIOR LAKE
4629 Dakota St. S.E.
Box 359
Prior Lake, Minnesota 55372
t:.
CITY OF
fRIOR LAKE
Dear Mr. Staber:
Enclosed is my completed Building Permit Application for approval along with
the following:
1. Certificate of Survey
2. Picture of the seasonal cabin we request this permit for, called "The
Timberline" phone number 218-631-3570 from Merickel LUMber Mills, Inc.,
Wadena, Minnesota.
3. Two copies of our blueprints for the seasonal cabin showing the specific
building plans.
4. The original signed and certified lease agreement for two on land parking
spaces.
5. Our primary residency for over the last 10 years has been and still is
8300 Ewing Road
Bloomington, Minnesota 55431
If you have any questions regarding the above, please do not hesitate to give
me a ca 11.
Home: 835-5929
Work: 726-8243
89-01
Sincerely,
A "'.I1~
John M. Meyer
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LEASE AGREEMENT
AGREEMENT made this 29th day of August, 1988, between James
Feick, hereinafter referred to as lessor and John M. Meyer and
Linda J. Meyer, hereinafter referred to as lessees.
WHEREAS, lessor is the owner of real property located at
15363 Red Oaks Road S.E., Prior Lake, Minnesota 55372, and,
WHEREAS, lessees are the owners of real property legally
described as:
Lots 43, 44 and 45, Twin Isles, Prior Lake, Minnesota,
and,
WHEREAS, the parties desire to provide for lessor leasing to
lessees two (2) parking spaces at the property.
NOW THEREFORE, the parties agree as follows:
1. Lessor hereby leases to lessees two (2) parking spaces
at his property located at 15363 Red Oaks Road S. E., Prior Lake,
Minnesota 55372.
2. Lessor and lessees agree that there shall be no rental
due for the leasing of the two (2) parking spaces referred to in
paragraph 1.
3. Lessor and lessees agree that this Lease Agreement shall
exist for as long as lessor owns his property at 15363 Red Oaks
Road S.E., Prior Lake, Minnesota 55372.
IN WITNESS WHEREOF, the parties hereto have executed this
Lease greemen~ay and1year f.irst above written.
~~~ ~.~ .J2l1l. ~
Feick y / ~. M~yer'V .
Lin~y~ . /lJJt~""
Subscribed and sworn to
before me this~q day of
Augu~\1988 .
W~~-
Notary Publ~c 0 -
89-01
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~~ .," ' . ~iNI~[PIN COUNTY
My commission e"plre, f.b, 13, 1990 "
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December 17, 1988
Deb Garross - Assistant City Planner
CITY OP PRIOR LAKE
4629 Dakota Str~et S.E.
Prior Lake, Minnesota 55372
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Dear Ms. Garross,
CITY Or:
PRIOR LAKE
Thank you and Gary Staber for meeting with me on December 13, 1988
regarding my Building Permit and variance application for a
seasonal cabin on Lots 43, 44, and 4S Twin Isle~.
Enclosed is a copy of the incenerator type septic system we
plan to purcha.se tor the seasonal cabin. The INCINOLET electric
b\cinerating toilet syst9m is manufactured by Research Products
located at 26)9 Andjon in Dallas, Texas 75220. Their toll fr~e
phone number 1s 1-800-527-5551.
We plan on hiring Hartman Well Drilling Company of New Prague to
dig the needed well for the seasonal cabin. Their phone number
is 758-2202. Mr. Hartman estimates they will have to dig
about 200 feet for water.
Please continue to process my Building Permit and variance applications.
Let me know if any additional information is needed.
Your assistanc~ as well as th~t of Gary Staber is truly appreciated.
:f you have any questions regarding the above, please do not
hesitate to give ~e a call.
Home.
Work.
835-5929
726-8243
Sincerely,
cJ:LJIl. /J1~
John .. .eyer
89-01 ~
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RESEARCH PRODUcrS/Blankenshlp
THE PIONEER COR""""TION IN MODERN WASTE MANAGEMENT
2639 Andlon . Ca' ~s Texas 75220' (214) 358-4238
December 13, 1988
Mr John Meyer
8300 Ewing Rd.
Bloomington, MN 55431
Dear Mr. Meyer:
The INCINOLET literature which you requested is enclosed.
Model Carefree comes highly recommended for use in cottages,
basements, downstairs locations and remote locations. In-
stalled just like an electric drier (230 volts outside
vent), INCINOLET is consummate in personal sanitation,
reducing waste immediately to pure, clean ash, while
preventing environmental pollution.
To become a valued customer, return the enclosed order form
along with your check which, if certified will enable us to
ship in about ten days. For an additional $60 we will
prepay shipment to you (motor freight only - no UPS), in
most cases, direct to your door, otherwise, to nearest
freight terminal. Delivery to you after receipt of your or-
der is two weeks.
We accept Visa and MasterCharge but add 3% service charge.
Our toll-free numbers are for you, our customer: for sales,
for service: 800-527-5551, Monday - Friday, 8:30 to 4:)0 CT.
If you require a list of INCINOLET users in your State, or
an installation manual, or have a question, please call me.
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INCNOI.ET
THAT [UCTR.C TOlUT
Sincerely yours,
~,,4.e.-. '-
Yana Bandini-Lipscomb
Marketing Director
89-01
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~ STATE OF
WI.~~~:~I~ OF NATURAL
PHONE NO, 296-7523 METRO REGION DIVISION OF WATERS
1200 WARNER ROAD, ST. PAUL, MN 55106
RESOURCES
FILE NO
January 5, 1989
Ms. Deb Garross
City of Prior Lake
4629 Dakota St. SE
Prior Lake, MN 55372
RE: JOHN MEYER VARIANCE REQUEST, TWIN ISLES
Dear Ms. Garross:
Please accept the following comments regarding John Meyer's variarr',
request on Twin Isles.
I can see four issues relating to the application. First, there i
a variance needed from the setback. It appears to me there is n~
way to develop the parcel without obtaining a variance; and that the
requested varianc~ is the minimum necessary to alleviate a
hardship. Therefore, I concur with the request and recommend the
City approve it.
~
Secondly, there is the question of contiguous substandard lots. I
recommend that the lots 43, 44, and 45 be combined during this
process.
Third, there is a question of sanitary needs. I believe the
proposed incinerating toilet is acceptable, however, waste water
from other household uses needs to be disposed of. Since there is
no mention of this item, I can only suggest that any drainfield
should be as far from the lake as pOSsible, preferably on Lot 43,
whicbwould still leave a 50-foot spacing to the well on Lot 45. I
don't know if a holding tank is allowed under the Uniform Building
Code, but if so, I suppose this is an alternative. A yearly pumpout
should be required for this option.
Finally, the lots are currently heavily timbered, as is the
remainder of Twin Isles. I recommend that tree removal be limited
to one 15-foot wide access to the lake and to the minimum area
needed to construct the cabin, well and septic system. A buffer
zone of trees and natural vegetation will provide a continued
amenity to boaters and other residents. More importantly, however,
a screen of trees will serve to filter and retard runoff waters from
the cleared areas and cabin, thereby minimizing impacts to the lake.
89-01
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Me. 'Deb Garro8S
City of Prior Lake
Page Two
If there will be a need to bring electrical service across the lake
to this property, a DNR utility license will be necessary. The
applicant should contact me for further details.
Thank you for the opportunity to make these comments. If you or any
interested parties have any questions or comments please contact me.
Sincerely,
l11Jt.el~
Mike Mueller
Area Hydrologist
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89-01
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CITY OF PRIOR LAKE
NOTICE OF PUBLIC HEARING
FOR
LAKESHORE AND REAR YARD VARIANCE
You are herebr notified that a public hearing will be held by the
Planning Comm~ssion in the Prior Lake Council Chambers at 4629
Dakota street S.E. on:
THURSDAY. JANUARY 19. 1989
at
7:35
P.M.
PURPOSE OF HEARING:
To consider a variance application
for John Meyer.
SUBJECT SITE LOCATION:
Lots 43, 44, and 45, Twin Isles
3313 Twin Is]and Circle
PIDt 25-100-034-0
REQUESTED ACTION:
The applic~nt has proposed to build
a seasonal cabin on the subject site
as per att~ched survey and
photocopy. The required lakeshore
and rear yard setbacks in this
residential district are 100' and
25' respectively. Mr. Meyer is
requesting the Prior Lake Planning
Commission to consider approving a
37.5' lakeshore and 21' rear lot
variance so that he may construct
the cabin as per attached survey.
If you desire to be heard in reference to this matter, you should
attend this meeting. Oral and written comments will be accepted
by the Plannin9 Commission. For more information, contact the
Prior Lake Plann~ng Departm~nt at 447-4230.
Prior Lake Planning Commission
(January 9, 1989)
R9-01
(612)447.4230
4629 DAKOTA STREET S.E.
PRIOR LAKE, MINNESOTA 55372
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