HomeMy WebLinkAboutVA90-31 Variance Lots 22,23 & 34
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CI'l"l OF PRIOR LAKE
APPLICATIOO FOR VARIANCE
Applicant:DAV,l) w. ~ RoelllLLE A. {JU()AI do r1/1Jt!J< J1utUY
Mdress:t. 771. -)lliff:T. ~
Property Owner: II w ~ ROtlllLU A. ()lCD~ J. dJA~1i. NUI!Ll'l
Mdress:t"'.JUU ~'f; t.J.
Type of Ownership: Fee X Contract
Consultant/Contractor:
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PID' :; ')-. J()(J - 0..1(,.. -0 ,..-
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Bane Phone: 1./.31 -SBZO
=k Phone: 72 ,- 2. .,,,
e Phone: 1.IJ/-582 0
Work Phone:'" 2 (" - 2 ., 17
Purchase Agreement
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Existing Use L
of Property: liNE S}/PIU PR()PtIl/Y
Proposed Use
of Property: 5f~S"AlAI. ('ASIAI
Is3al Description
of Variance Site: LOTS 22,23. rd-3'-1 tWIN'IsJ.ts
Variance Requested: C }/~A1~l ()f SEi BlltIJ..
Present ZOning: ;<...( j S-O
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Has the awJ,icant previously sought to plat, rezone, obtain a variance or corditional
use permit on the subject site or any part of it? Yes)( No
What was requested: -
When: --
Disposition: -
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SUBMISSIOO RIDUIREMENl'S:
(A)Carpleted application form. (B) Filing fee (C) Certified fran abstract firm, names
and addresses of properli owners within 100 feet of the exterior boundaries of the
subject property. (D)Canplete legal description & Property Identification NtJnber
(PID). (E)Deed restrictions, if applicable. (F)An area map at 1"-200' available
fran the City Fngineering Section showing: existing topography, utilities, lot
boundaries, building easements and soil test data if pertinent within 300 feet.
(G) A parcel map at I "-20 '-50 ' showing: The site developnent plan, buildings:
parking, loading, access, surface drainage, landscaping and utility service.
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CH.Y COMPLETE Al'PLICATIOOS SHALL BE RE.VIB'lED BY mE PI..ANNIOO CDMMISSION.
To the best of my 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
requirenents for variance procedures. I agree to provide informatiQn and oHow the
procedures as outlined in the Ordinance.
sut:mitted this 3Q.day of t9o- 1990
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mIS SPACE IS 'JX) BE FILLED 00'l' BY mE PJ:.ANNm;Dnm:'roR
PLANNOO OOMMISSIOO -A- APPROnD _ DENIm ~ MTE OF BF.AR:OO
CITY c::outaL APPEAL _ APPROlED _ DENIm Dl\TE OF BF.ARN',;
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PLANNING COMMISSION MEETING MINUTES
NOVEMBER 15, 1990
PAGE 2
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NON-CONFORMING SETBACK STATUS OF THE HOME, THE EXISTING DECK
PROVIDES A HARDSHIP AND THE PROJECT WOULD NOT BE DETRIMENTAL TO
THE HEALTH AND WELFARE OF THE COMMUNITY.
Vote taken signified ayes by Roseth, Loftus, Kedrowski, Wells,
and Arnold. MOTION CARRIED.
ITEM III - MICHAEL REICHOW - ~KESHORE AND LOT COVERAGE VARIANCE
Michael L. Reichow, 15249 Fairbanks Trail, stated he is aSking
for a 22 foot lakeshore variance and a 6% lot coverage variance
for a deck addition.
Horst Graser presented the information as per memo of November
15, 1990. The deck was built without obtaining a building permit
and the applicant was instructed to apply, upon review of the
permit it was found a variance would be needed. A call was
received from DNR stating the variances should be denied. The
substandard size of the lot is justification for hardship and
the deck provides safe access to the lower level of the yard.
Staff's recommendation is to approve the variance request.
Comments from the Commissioners concerned lot shape, the location
of the existing wrap around deck and that the requested variance
is equal to the nonconforming setback of the existing structure.
MOTION BY WELLS, SECOND BY LOFTUS, TO APPROVE A 22 FOOT LAKESHORE
VARIANCE AND A 6% LOT COVERAGE VARIANCE FOR 15249 FAIRBANKS
TRAIL, RATIONAL BEING THAT LOT SHAPE AND NON-CONFORMING HOME
SETBACK CAUSE THE HARDSHIP, THE VARIANCE WOULD NOT COMPROMISE
THE INTENT OF THE ORDINANCE AND WOULD NOT INFRINGE ON THE HEALTH
AND WELFARE OF THE COMMUNITY.
Vote taken signified ayes by Wells, Loftus, Kedrowski, Arnold and
Roseth. MOTION CARRIED.
ITEM IV - DAVID OLSON - VARIANCES
David Olson, 6776 -161st st. West, Rosemount, stated that they
have purchased Lots 22, 23, and 34 on Twin Isles and wish to
construct a cabin. Variances being requested are a 41 foot
lakeshore setback variance, 25 foot lot width variance at the
904, 50 foot lot width variance at the front setback line and
a 31,160 square foot minimum lot area variance.
Deb Garross presented the information as per memo of November 15,
1990. The development of Twin Isles is governed by current
zoning requirements and Resolution 78-22. The hardshiJ? is that
there is no buildable area available on the subject s~te when
existing setback standards are applied to the property. staff
recommends approval of the variances with the six conditions as
listed in the memo.
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PLANNING COMMISSION MEETING MINUTES
NOVEMBER 15, 1990 PAGE 3
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Comments from the Commissioners were on future plans of
residency, tree replacement, gray water requirements, dock space
and parking leasa.
MOTION BY ROSETH, SECOND BY LOFTUS, TO GRANT TO LOTS 22, 23, and
34, A 41 FOOT LAKESHORE VARIANCE, 25 FOOT LOT WIDTH VARIANCE AT
THE 904, 50 FOOT LOT WIDTH VARIANCE AT FRONT SETBACK LINE, 31,160
SQUARE FOOT MINIMUM LOT AREA VARIANCE WITH THE FOLLOWING
CONDITIONS:
1. TREE AND VEGETATION REMOVAL BE RESTRICTED TO THE AREA NEEDED
TO CONSTRUCT THE CABIN AND GRAY WATER DISPOSAL SYSTEM.
2. GRAYWATER DISPOSAL SYSTEM BE LOCATED AT LEAST 75 FEET FROM
THE 904 CONTOUR.
3. THE APPLICANT MUST SUBMIT A LEASE AGREEMr~T THAT DEMONSTRATES
THAT AT LEAST TWO ON-LAND PARKING SPACES EXIST.
4. THE APPLICANT MUST SUBMIT PROOF OF RESIDENCY OTHER THAN TWIN
ISLES AT THE TIME OF BUILDING PERMIT APPLICATION.
5. THE APPLICANT MUST SUBMIT PLANS FOR A SELF ENCLOSED OR
INCINERATOR TYPE OF SEPTIC SYSTEM FOR THE CABIN.
6. THE APPLICANT MUST SUBMIT A REVISED SURVEY INDICATING THE
TYPE OF TREES AND VEGETATION LOCATED ON THE SITE, THE
VEGETATION THAT IS TO BE REMOVED AND AN EROSION CONTROL AND
PLANTING PLAN FOR THE PROPERTY AND THE REPLACEMENT OF TREES
AT STAFF'S DISCRETION.
RATIONALE BEING SITE CONSTRAINT, ACCESSIBILITY, SEASONAL USE,
SUBSTANDARD LOT AND IN ~INE WITH ADJACENT CABINS.
Vote taken signified ayes by Roseth, Loftus, Kedrowski, Wells,
and Arnold. MOTION CARRIED.
ITEM V - BRAD POLIVA~Y - SIDE YARD VARIANCE
Brad Polivany, 14891 Pixie Point Circle, is requesting a 5.8
foot south side yard variance to construct a garage in order to
alleviate a drainage problem.
Horst Graser presented the information as per memo of November
15, 1990. The. applicant has a severe drainage problem caused
possibly by several actions; development of homes after
construction of applicants' home, improvement of pixie Point
Circle, and landscaping improvements. Construction of the garage
appears to be the most logical solution. City of Prior Lake will
provide survey work, stakes, materials and drainage calculations
to engineer a system that will drain the area. The property
owners have agreed to install and grade the site and provide a
private maintenance agreement for the pipe which will be located
on Mr. polivany's property. Staff's recommendation is to
approve the variance request. The alternative solution would
involve a feasibility stud~ and an expensive storm sewer project
which would be assessed agalnst the properties.
Herb Lindsey, 5912-150th st. stated he and his wife support the
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HERITAGE
1891
COMMUNITY
1991
19J:'J(!)..N'
2Q!)1
"VA31PC"
PLANNING REPORT
APPLICANT:
ITEM:
PRESENTER:
PUBLIC HEARING:
DATE:
DAVID OLSON
VARIANCE
DEB GARROSS, ASSISTANT CITY PLANNER
YES X NO
NOVEMBER-r5, 1990
SITE ANALYSIS
HISTORY/BACKGROUND:
The Planning Department has received an application for variance
from David Olson of Rosemount, Minnesota. The applicant desires
to build a seasonal cabin on Twin Island and has requested the
Planning commission to grant the following variances: A 41 foot
lakeshore variance from the 100 foot setback requirement~ a
31,160 square foot minimum lot area variance from the one acre
minimum lot area requirement for non-sewered property within the
Shoreland District~ a 25 foot lot width variance at the 904 from
the required 125 foot lot width requirement and a 50 foot lot
width variance from the required 150 foot lot width requirement
measured at the front setback line.
PHYSIOGRAPHY:
The subject site consists of three lots which are legally
described as Lots 22, 23 and 34, Twin Isles. Lots 22 and 23
combined are the location proposed for the cabin. Lot 34 is
a non lakeshore lot and is located south of the ~roposed building
site. Lots 22 and 23 are located on the north s1de of the island
and contain approximately an 18% percent slope as per the
attached to~ogra~hy map. The a~plicant proposes to build a 36 x
40 foot cab1n Wh1Ch would cons 1St of 11% percent lot coverage for
the subject site.
ADJACENT USES:
Adjacent Lot 21 is developed with a cabin of similar size as that
proposed for the subject site. Adjacent Lot 24 is vacant.
DEVELOPMENT SUMMARY:
The island is zoned R-1/S-D and the requirements set forth in
Resolution 78-22 attached apply to all building permits issued by
the City of Prior Lake. The subject site contains 12,400 square
feet which is substandard in size and area when requirements of
the S-D are applied. The island is developed wi.th a~proximately
13 seasonal cabins, thirteen of which have been bU1lt prior to
1975. Staff was unable to visit site and therefore comments
relative to the type of vegetation and tree cover for this
particular site are not provided.
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4629 Dakota St. .:;.E., Prior Lake, Minnesota 55372 I Ph. (612) 447.4230 I Fax (612) 447-4245
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DEVELOPMENT ANALYSIS
PLANNING CONSIDERATIONS:
The development of Twin Isles is governed by current zoning
requirements and Resolution 78-22. In order to process this
variance ap~lication, it will be necessary that the applicant
submit add1tional information required by Resolution 78-22. yf
specifically, the applicant must demonstrate that two on land
parking spaces exist and a lease agreement should be a condition
of approval for this variance request. In addition, the
applicant will need to provide proof of residency other than Twin vr
Isles at the time of building permit application. The reason
that this item is necessary is that the only buildings allowed on
the island are seasonal cabins. There are no public sewer and
water facilities nor emergency service vehicles available to the
island with the exceptio~ of the Scott County Sheriffs
Department. Access to the island is obstructed during freeze/thaw /
periods associated with the chan~e in seasons. The applicant
must provide a self enclosed or 1ncinerator type of septic system v
for the cabin and the gray water disposal system must be located
at least 75 feet from the 904 contour. The applicant will need to
submit a revised survey which indicates the location of
vegetation and trees on the site and also a proposed planting
program that indicates the method by which the applicant will
stabilize soils and implement erosion control throughout the
construction process.
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. The applicant owns three
lots and is proposing to build one seasonal cabin. The proposed
cabin location is at a similar setback as the adjacent cabin.
Staff believes that the variances requested to accommodate the
~roposed cabin are not excessive or contrary to the public
1nterest. If all setback and lot size requirements of the code
are applied to this parcel, the property would not be eligible
for a building permit and therefore, the a~plicant would suffer
undue hardship with respect to other propert1es on the island.
RECOMMENDATION:
There are several conditions that staff would apply in order to
recommend favorable action on this variance application. The
Planning Commission has the option to decide the variance with
certain conditions attached or to continue/table the matter and
require the applicant to submit more detailed information to the
Planning commission. Staff is confident thut the conditions
outlined above can be easily met by the applicant and would
recommend the following:
That the Planning commission grant a 41 foot lakeshore setback
variance, 25 foot lot width variance at the 904, 50 foot lot
width variance at the front setback line, and 31,160 s9?are foot
minimum lot area variance subject to the following cond1tions:
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Tree and vegetation removal be restricted to the area needed
to construct the cabin and gray water disposal system.
Graywater disposal system be located at least 75 feet from
the 904 contour.
The applicant must submit a lease aqreement that demonstrates
that at least two on land parkinq spaces exist.
The applicant l!!'.!st submit proof of residency other than Twin
Isles at the time of building permit application.
The applicant must submit plans for a self enclosed or
incinerator type of septic system for the cabin.
The applicant must submit a revised survey indicatinq the
type of trees and veqetation located on the site, the
veqetation that is to be removed and an erosion control and
plantinq plan for the property.
2.
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DESCRIPTION.
Lata 22, 2} and ~, TVI. lSLE5, Scott County, Ml.nnesota.
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HERITAGE
1891
1
COMMUNITY
1991
18 J:5f!}J1i
2Q91
NOTICE OF HEARING
FOR
LOT WIDTH, LOT AREA AND LAKESHORE SETBACK VARIANCE
You are hereby notified that a hearing will be held by the
Planning commission in the Prior Lake council Chambers at 4629
Dakota Street S.E. on:
To consider a variance application
for David Olson of 6776 161st st.
West, Rosemount, MN 55068.
Lots 22, 23 and 34 Twin Island
The applicant wishes to construct a
new seasonal cabin as per attached
survey. The proposal is to locate
the cabin 59 feet from the 904
ordinary high water mark of Prior
Lake. The required lakeshore
setback on Twin Island for a
structure is 100 feet. The minimum
lot size and area requirements for
lakeshore lots without sewer and
water are 1 acre and 125 feet of
width measured at the 904 and 150
feet of width measured at the rear
setback line. The subject site
contains 12,400 square feet and is
100 feet wide. In order to build on
the property, the Planning
Commission must grant a 31,160
square foot minimum lot area
variance; 25 foot lot width variance
at the 904 and 50 foot lot width
variance from the front setback line
in addition to the 41 foot lakeshore
setback variance requested by the
applicant.
If you desire to be heard in reference to this matter, you should
atteno this meeting. Oral and written comments will be accepted
by the Planning Commission. For more information, contact the
Prior Lake Planning Depart.nent at 447-4230.
THURSDAY, NOVEMBER 15, 1990
PURPOSE OF HEARING:
SUBJECT SITE LOCATION:
REQUESTED ACTION:
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Prior Lake Planning Commission
November 8, 1990
at
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P.M.
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4629 Dakota St. S.E., Prior Lake, Minnesota 55372 I Ph. (612) 447-4230 I Fax (612) 447-4245
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CITY OF
PRIOR LAKE, MINNESOTA
65372
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RESOLUTION 78-22
Notion by:
Watkins
Seconded by:
Hafermann
A resolution setting forth development standards for TWin Isles.
Whereas, Interest to further development of TWin Isles has
recently been shown;
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Whereas, It is in the best interest of the city of Prior Lake
to provide guidelines for the development of TWin Isles;
Whereas, The Capital Improvement Program. and zoning Ordinance
do not specifically address development of TWin Isles;
1. Minimum lot size shall be 15,000 square feet
or two lots whichever is lesser. (Lots must be
contiguous. )
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Therefore Be It Resolved the City of Prior Lake herewith sets forth
guidelines for the development of TWin Isles:
2. All structures shall meet the setback requirements
set forth in the zoning Ordinance.
3. A lease for two on land parking spaces shall
accompany all building permits.
4. Septic systems shall be of the self enclosed
or inc~nerator type.
s. Living structures shall be seasonal in nature. The
applicant shall provide proof of residency other than
TWin I.sles at the time of building permit application.
Passed and adopted this 19th day of June, 1978.
YES
NO
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Bissonett
Busse
Hafermann
Watkins
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Bissonett
Busse
Hafermann
Waktins -
21L~/cf. 11t~
Midhael A. McGuire, Ci yager
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THE CENTER OF LAKE COUNTRY
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This drawing is neither a legally recorded map nor a
survey and is not intended to be used as one. This
drawing is a compilation of records, information, and
data located in various city, county, and state offices,
and other sources affecting the area shown, and is to be
used for reference purposes only. Scott County is not
responsible for any inaccuracies herein contained. If
discrepeancies are found, please contact the Scott
County Surveyors Office.
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June 3, 2008
http://gis.co.scott.mn. us/servlet/com.esri.esrimap.Esrimap ?ServiceN ame=overview &Client... 6/3/2008
This drawing is neither a legally recorded map nor a
survey and is not intended to be used as one. This
drawing is a compilation of records, information, and
data located in various city, county, and state offices,
and other sources affecting the area shown, and is to be
used for reference purposes only. Scott County is not
responsible for any inaccuracies herein contained. If
discrepeancies are found, please contact the Scott
County Surveyors Office.
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June 3, 2008
http://gis.co.scott.mn. us/servlet/com.esri.esrimap.Esrimap ?ServiceN ame=overview &Client... 6/3/2008