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Home My WebLink About98-048 Variance Resolution and Minutes L:\TEMPLA TE\FILEINFO.DOC r \. DOC. NO. 96605 fU 4-~ \ ~ VOL c:)~ PAGE ~"'- ~ CERT ~ \., ~ OFfiCE Of THE REGISTRAR OF TITLES SCOTT COUNlY. MINNESOTA THIS IS THE fiLING INFORMATION OF THE DOCUMENT JUL 2 ~~'lHI$OffICE~ V M. -' PAT BOECKMAN. REGISTRAR Of nTLEI File No. 98-048 James Nerison STATE OF MINNESOTA) )ss. COUNTY OF SCOTT ) The undersigned, duly qualified and Deputy City Clerk ofthe City of Prior Lake, hereby certifies the attached hereto is a true and correct copy of the original. Resolution 98-16PC Variance to Side Yard Setback on file in the office of the City Planner, City of Prior Lake. j~ !Jdwu Kirsten Oden Deputy City Clerk Dated this 12th day of June, 1998. (City Sc~.l) TRUECOPY.DOC PAGE 1 A ~: .f lJA t. .O~12"'I~ TR13 3aAq JOV 23JTlT 10 f!AAr~h).Tri3HT 10 nll10 ArOaJj.'~tM .YTMUOJ f rOJa nUMU~ lHT 10 ~fAMR(H"! rl'1UH lHT 2. ann tIO Dno alHr t1l OUi .M UJTfr 10 RAAI ZIJ.lR .l1AM~JJOd fA:r-- RESOLUTION 98-16PC APPROVING A 0.1 FOOT VARIANCE TO PERMIT A SIDE YARD SETBACK OF 9.9 FEET RATHER THAN THE MINIMUM REQUIRED SETBACK OF 10.0 FEET. BE IT RESOLVED BY the Board of Adjustment ofthe City of Prior Lake, Minnesota; FINDINGS 1. James Nerison has applied for a variance from Section 5-4-1 of the City Code on property located in the PUD (planned Unit Development) and SD (Shoreland Overlay) Districts at the following location, to wit; 14294 Aspen Avenue, legally described as Lot 16, Block 4, Sand Pointe Second Addition, Scott County MN. 2. The Board of Adjustment has reviewed the application for a variance as contained in Case #98-048 and held a hearing thereon on April 27, 1998. The discussion was continued to gather additional information relating to Shoreland District boundaries and use of easements. 3. The applicant requested the item be continued to May 26, 1998. 4. The Board of Adjustments continued discussion on May 26, 1998 and reviewed the requested additional information. On May 26, 1998 the Planning Commission directed staffto prepare a resolution of approval. 5. The Board of Adjustment has considered the effect of the requested setback variance 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 variance on the Comprehensive Plan. 6. The granting of the setback 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 applicant. I:\98fi1es\98var\98-048\re9816pc.doc . Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 7. The Board of Adjustment finds the applicant intended to meet the setback and was utilizing a survey that was inaccurate. Had the applicant applied for a permit for the deck, a revised survey would not have been necessary and the 0.1 foot discretion would most likely have gone unnoticed. 8. The Board of Adjustment finds the spirit and intent of the ordinances is met if the variance is granted. 9. The contents of Planning Case 98-048 are hereby entered into and made a part of the public record and the record of decision for this case. CONCLUSION Based upon the Findings set forth above, the Board of Adjustment hereby approves the following variances for 14294 Aspen Avenue, as shown in Exhibit A (survey and legal description) for a proposed uncovered deck as shown in the same location as proposed porch; 1. A 0.1 foot variance to permit a 9.9 foot setback rather than the minimum setback required of 10.0 feet. Adopted by the Board of Adjustment on June 8, 1998. AnliA~s .Ch' tony tamson, aIr I: \98files\98var\98-048\re9816pc.doc Page 2 EXHIBIT A CE'./?F/F/CAFE' OF S{/.I?YEY FOR- JAKE'S HER/SOH LEGAL DESCRIPTION: LOT 16, BLOCK 4 SAND POINTE SECOND ADDITION SCOTT COUNTY, MINNESOTA \ \ ,., '" '.~ \ LEGEND s .. . SN4ftMt srwtR Sf ... DORM $EW(It 5 30 0 30 111111111/1 I GRAPHIC SCALE - FEET 60 I .. . . . WAl(ftMiIHf o ... FIt[ MYOftMT · .. . _rtR ViIl.\I( 0...._ a ., . CMCM MSlM ~.... F"OWtftPO\L * . . UQM1' POl[ G. ..~GASt.WN I twwby ctII'tIfy that lh'- tuI'WY. pfan. or f"It1)OIt '"" pnpared by PM or """at "" ..t ~ cmd fhot I om 0 du'" llceMed Lond S........,. under the lotr. IJf tM .tate r1l UInneeota. " . . . . lINCl(RCROUHO ltt.IJIMOH( E....~[lfCTItC N' . . . . UNOlIlGROUtlO CAEIlt T.V. OU . . . . 0't0HfN) UlIJIY l..a ....,IRONWCJNl.IIjl[NJrotJNO '\ 0 ..' IItDH ~ VONI.aI(Hf SET .... . . . . OI$TING SPO' ELl'M.Tk)N i\............-- $IlpMd tIM 11th 6tIt of Watch A.D.. ISIIS ~ -I/( IlL- _11._ __ U- .... 22<<0 ror Bal.on ,. ...... 1M. MeratJont to that drawn, ore pronibil.d rihout u.. ftJIf... writtM penniniOft of 9oIton . Meftll. Inc. ~ 1991. Bolton dl: ...... Inc:. ~ ~,2,H...,!..~~~. ,. ,. ...... '" ~ ... HUt lit" ..... 0MJt~""""'''.9.DPI't'''-_ ..................,.......... JOB NO. TS98.00,36 FILE NO. 1,386 NET T80,36SB 1. - . ,. CITY OF PRlOR L.A.KE Impervious Surface Calculations (To be Submitted with Building Permit Applic:mon) For All Properties Located in the Shoreland District (SD). The Maximum Impervious Surface Coverage Permitted in 30 Percent. Property Address 14'2.. ~ 4- Asp'€Y\ fl. V'€... . Lot Area R'1-33 Sq. Feet x 30% = .............. 2..~/~ .QO ************************************************************************ LENGTH WIDTH SQ. FEET HOUSE 4 ATIACHED GAR.A..GE x = x = x = T01'AL PRINCIPLE STRUCTliRE...._............... 1~v;8.<O~ DETACHED BLDGS (Garage/Shed) x X TOTAL DETACHED BUILDINGS---............ DRIVEWAY fP A VED A,.!tEAS (fjJrivewa'0-paved or not) (SidewalklParking Are2S) 1003. z..Cj X X X = = = TOT.U P A v"ED AREAS......................................... I co3 .2.Cj tP:~ nOS:PORCHESro ECKS X = S5.~<; (Open Oedes '/." min. opening be:ween X = boards. with <1 pe:"lious surfac: below. 145.~ are noe conside::d co be impe:"Iious) X = TOT.U DECKS ........................-.............................. 2-0\. IS X X = OTrlER = TOT.U OTlIER...........-...........-............-......-.... Company ~.'1~.~ , l l3cL ~v1 ~ N eY11A JYt c... '- I Date I I .3 I { z.J 9q 3o~. 1'2... I 453. 1.2. - I TOTAL li\1J?ERVIOUS SURFACE UNDE~~ Prepared By Phone # 7390 . 0509 ~d 'faJttjg ~ ~o-I(;P.C AlCfLd..P.d .-tdW fV ~(/~n o ~arY~ 11ft. J\Jr 06700-2963 CUSTOMER RECEIPT PAT BOECKMAN SCOTT COUNTY REGISTRAR OF TITLES SCOTT COUNTY RECORDER COURTHOUSE ROOM 113 SHAKOPEE, MN 55379-1392 (612) 496-8143 OODSCRO 7-23-98#009 $20.00TO THIS DOCUMENT IS NOT VALID AS A RECEIPT UNTIL YOUR CHECK HAS CLEARED THE BANK RESOLUTION 98-12PC DENYING A 5.2 PERCENT V ARlANCE TO PERMIT IMPERVIOUS SURFACE COVERAGE OF 35.2 PERCENT RATHER THAN THE MAXIMUM ALLOWED OF 30 PERCENT. BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. James Nerison has applied for a variance from Section 5-8-3 of the City Code on property located in the PUD (planned Unit Development) and SD (Shoreland Overlay) Districts at the following location, to wit; 14294 Aspen Avenue, legally described as Lot 16, Block 4, Sand Pointe Second Addition, Scott County MN. 2. The Board of Adjustment has reviewed the application for a variance as contained in Case #98-048 and held a hearing thereon on April 27, 1998. The discussion was continued to gather additional information relating to Shoreland District boundaries and use of easements. 3. The applicant requested the item be continued to May 26, 1998. 4. The Board of Adjustments continued discussion on May 26, 1998 and reviewed the requested additional information. On May 26, 1998 the Planning Commission directed staff to prepare a resolution of denial. 5. The Board of Adjustment has considered the effect of the requested impervious surface variance 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 variance on the Comprehensive Plan. 6. The granting of the impervious surface coverage variance is not necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant has alternatives to reduce impervious surface, thus eliminating the variance request. The variance will serve merely as a convenience to the applicant. 1:\Q8fil"S\9SlVar\98-04Sl\re9R 12pc doc Page 1 ,'-MA c__._ r'_M'1'. "'..~ 'C. -,:- -PriM 1 Aka Minnpc;nti'l S5372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 RESOLUTION 98-12PC DENYING A 5.2 PERCENT VARIANCE TO PERMIT IMPERVIOUS SURFACE COVERAGE OF 35.2 PERCENT RATHER THAN THE MAXIMUM ALLOWED OF 30 PERCENT. BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. James Nerison has applied for a variance from Section 5-8-3 of the City Code on property located in the PUD (Planned Unit Development) and SD (Shoreland Overlay) Districts at the following location, to wit; 14294 Aspen Avenue, legally described as Lot 16, Block 4, Sand Pointe Second Addition, Scott County MN. 2. The Board of Adjustment has reviewed the application for a variance as contained in Case #98-048 and held a hearing thereon on April 27, 1998. The discussion was continued to gather additional information relating to Shoreland District boundaries and use of easements. 3. The applicant requested the item be continued to May 26, 1998. 4. The Board of Adjustments continued discussion on May 26, 1998 and reviewed the requested additional information. On May 26, 1998 the Planning Commission directed staffto prepare a resolution of denial. 5. The Board of Adjustment has considered the effect of the requested impervious surface variance 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 variance on the Comprehensive Plan. 6. The granting of the impervious surface coverage variance is not necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant has alternatives to reduce impervious surface, thus eliminating the variance request. The variance will serve merely as a convenience to the applicant. 1:\98fIles\98vl\.f\98-Q4ffue9.812pc do,c Page 1 16200 Eagle Creek Ave. ~.E., Prior Cake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 7. The Board of Adjustment finds the applicant has created his own hardship through the design of the proposed porch, expansion of the driveway and failure to obtain a building permit which would have brought the issues to the applicant's attention prior to beginning construction. 8. The Board of Adjustment finds the spirit and intent of the ordinances cannot be met if the variance is granted. 9. The Board of Adjustment has concluded reasonable use can be made of the property without the variance. 10. The Board of Adjustments determines it is the responsibility of the property owner to know the ordinances of the city. The property owner failed to obtain a building permit prior to construction of the porch, thus creating his own hardship. 11. The contents of Planning Case 98-048 are hereby entered into and made a part of the public record and the record of decision for this case. CONCLUSION Based upon the Findings set forth above, the Board of Adjustment hereby denies the following variances for 14294 Aspen Avenue, as shown in Exhibit A (survey and legal description); 1. A 5.2 percent variance to permit impervious surface coverage of35.2 percent rather than the maximum allowed of 30 percent. Adopted by the Board of Adjustment on June 8, 1998. U;ST: Donald R. Rye, PI 1: \98fi1es\98var\98-048\re9812pc.doc Page 2 EXHIBIT A CE'./?r/F/CArE' OF S[/'/?f7.E'Y FOR- JAU E' S .IV E'./?/SO.IV LEGAL DESCRIPTION: LOT 16, BLOCK 4 SAND POINTE SECOND ADDITION SCOTT COUNTY, MINNESOTA / ~ e.;:' \l. \ \ \'" \ S 30 0 30 " 111111111 I GRAPHIC SCALE - FEET 60 I I hereby cwttfy thot thle IUfYe1. plan, or "POrt wen PNf)Qf'ed by me or uncIer my direct ....,.,..... ond thot I om a duly llceMed land SUfW)'Of' under the lAw, of the atat. f1I MImeeota. Sftned 1M 11 th dor 01 ...... A.D. 19011 ~ 1ft 4t.- Dennh Y. HoMo MInnnota IJcenM No. 22440 rot 801.011 l!t ..... !no. / '\i LEGEND s . . . . SN4nAR'l" S(W{R ST .... STORM s[w(R W....WA~ o . . . . RM; HYORAHT ..... WAftRVH.V( o . . . . MN<HOU: e....""""'...... l!J....~ * .. .. UOHT POl[ G . . . . lNXRCROUND CAS UAlH r . . . . lINOERGROUNO m.EPHON( E . . . . utaRGROUNO EtLCTltlC TV . . . . UNOtRGltOUNO c.at J.Y. ou....~unurrlt4[S . . . . . IRON t.IONUUENJ F'OUNO .... o. . . . IRON PI"( MONUMENt' SET "". . . . . DOSTlNO $POr El.tVATlON I\. .. .. fl.OW """"""" MeroUons to thtt """'"9 ore ptOhibited "ithout tM ewpreu wrilt'" permfn60n of Bolton dE Men., Inc. ~ 1998. Bolton . ....,.. Inc. ~ BOLTON a: MENK. INC. COHSUllM 040INEDtS .- VMJ SUlNE'l'OM "tS tIltI ...- ,,, ~ .. ""' (1'11 ...... ona<lfnea..,~_.!UI"fYI._ ...............".,............ JOB NO. TS98.0036 FILE NO. 1386 NET T8036SB 1. · , CITY OF PRIOR LAKE Impervious Surface Calculations (To be Submitted with Building Permit Application) For All Properties Located in the Shoreland District (SD). The Maximum Impervious Surface Coverage Permitted in 30 Percent. Property Address )42.. ~ 4- Aop'€Y\ Ave.... Lot Area R'=r33 Sq. Feet x 30% = .............. 2..G:d~ .Cia ************************************************************************ LENGTH WIDTH SQ. FEET HOUSE ~ ATTACHED GARA.GE x x x = = = TOTAL PRINCIPLE STRUCTURE...................... /9--.&;8. <O~ DETACHED BLDGS (Garage/Shed) x x TOT AL D ET ACHED BUILD IN GS._...._............ DRNEWAYfPAVED AREAS @rivewa~paved or not) (SidewalkIParking Areas) Ico3.~q x X X = = = TOTAL PAVED AREAS......................................... I 003 . 2.'i ~RCHE~ECKS X = S5.~Cj (Open Decks '/." min. opening between X = boards. with ~ pervious surface beiow, 145.4<0 are noe considered to be impervious) X = TOT.U DECKS ........................................................ Z.OI.IS OTHER X X = = TOT AL OT13:ER...........-.........................-............ Company 1<.y,J.~ ~oL ~V1 ~ ,cl mlA In c '- I Date I I 3/ (zJ9~ 3o~. 12... I 4-53. zz- - I TOTAL lL"'VIPERVIOUS SURFACE UNDE~ Prepared By Phone # 890 . 0509 V onhof: · There difference is industrial park vs. business park. The use would be more appropriate in an industrial park. It is within shouting distance from a Rl District. Recommend as a conditional use. The prospect of another group coming in could be reviewed. . Comfortable with a conditional use. Stamson and Criego withdrew their motion. MOTION BY VONHOF, SECOND BY CRAMER, TO CONSIDER AN AMENDMENT TO THE ZONING ORDINANCE TO PERMIT A GYMNASTIC SCHOOL IN THE BUSINESS PARK DISTRICT AS LONG AS THE FOLLOWING CONDITIONS ARE INCLUDED: 1) Limit to 3,000 square feet. 2) Limit participation to evenings and weekends. 3) Minimum of 10 parking spaces. Discussion: · Some of the conditions should be square footage, limited to evening and weekends, safety during the day, minimum 10 parking spaces, 3,000 square feet. · Parking is compatible. Should be controlled. How can it be regulated? . Rutz explained most people drop off their kids and come back and pick them up. The building probably has 40 parking spots. A good gymnastic program would require 5,000 square feet. Try to keep 4 to 6 kids per instructor. In an hour there are probably 20 kids involved. Events would take place at the high school or other towns. Vote taken signified ayes by all. MOTION CARRIED. Kansier explained the procedure with the conditional use and City Council. MOTION BY CRIEGO, SECOND BY VONHOF, TO CONTINUE THE PUBLIC HEARING TO MAY 11, 1998 TO ALLOW THE STAFF TO DEVELOP LANGUAGE ADDRESSING THE RECOMMENDED CONDITIONS. Vote taken signified ayes by all. MOTION CARRIED. """ '7 C. Case #98-048 James Nerison is requesting variances for impervious surface and side yard setback for the property at 14294 Aspen Avenue. Planner Jenni Tovar presented the Planning Report dated April 27, 1998, on file in the office ofthe City Planner. On February 23, 1998, Mr. Nerison applied for a building permit to allow for the construction of a three season porch, which he had already begun construction on without 6 obtaining a building permit. His property is located at 14294 Aspen Avenue in the Sand Pointe 2nd Addition. The property is zoned PUD and is within the SD Shoreland District. Upon review of the building permit it became apparent the proposed porch does not meet the required setback and impervious surface ordinances. On April 3, 1998, the Planning Department received a variance application from James Nerison. The survey indicates a proposed impervious surface of 35.2% and the proposed porch is setback 9.9 feet from the side property line. The lot is approximately 65 feet by 130 feet and is 8,733 square feet. Therefore, this lot is a substandard lot and can utilize one 5 foot side yard setback (Section 5-4-1 City Code). The PUD provisions for Sand Pointe also allow one side yard setback of 5' on the garage side of the house. Section 5- 8-3 of the City Code allows for a maximum impervious surface coverage of 30 percent. Lot 16, Block 4, Sand Point 2nd Addition was platted in 1982. The house was constructed in 1983, with the garage side ofthe house setback 5' from the side property line. The proposed porch is located on the opposite side ofthe house. In 1985, Mr. Nerison added a deck and finished the basement. In 1983, when the house was built, there was no impervious surface requirement. The impervious surface requirement was adopted on May 4, 1987. The impervious surface on the lot, when the ordinance was adopted was 26.4% (as the house was originally built). On November 13, 1987, Mr. Nerison received a permit for garage addition. Based on the survey submitted for the garage addition, the impervious surface became 29.0% upon completion of the garage addition. Sometime between this approval and February 23, 1998, the applicant expanded the driveway to the property line and added a brick patio. While permits are not required for such alterations, property owners must comply with the ordinance. These additions and the recent construction of the porch increased the impervious surface to over 30 percent. The applicant is now requesting a variance to allow impervious surface of35.2% rather than the maximum of30% and a side yard setback variance to allow a setback of9.9 feet rather than the required 10 feet for proposed porch. No previous variances have been granted for this property. Mr. Nerison has owned this property since at least 1985 when the deck permit was issued. Staffhas concluded the variance request to impervious surface can be reduced or eliminated upon redesign of the structure or driveway and patio. The setback variance can be eliminated by relocating the proposed porch. Cramer questioned the surveys. Tovar explained the proposed and the as-built drawings. Comments from the public: James Nerison, 14294 Aspen, said he built his deck without a permit. The City sent him a letter and came down to fmd out what to do to make it right. He was told he needed a new survey which he got. His old survey showed 11 feet to his property line. The new 1:\98files\98plconun\pcmin\mn042798.doc 7 survey shows he's 1 and 3/16th inches too close to the property line. So he's asking for a variance for 1 and 3/16th inch because his house was not where the survey said it was. Only part of his lot is in the Shoreland District. He feels he is not in the Shoreland district. He is only on the edge and he did not do anything his neighbors did not do. His neighbor did not care he extended his driveway. His patio is made up of bricks in sand and does not feel it is impervious. He feels he's only on the edge of the district and he's only asking for a short variance. Mr. Nerison submitted a letter from his neighbor in support. Rye asked Mr. Nerison what was his source of information as to the location of the Shoreland District. Mr. Nerison said he came to the City and was told he was in the watershed area and wanted to see on a map. He felt the City measured every way they could to find him 1,000 feet from the lake. Tovar said she did not have the information with her. Stamson asked if it has been legal in the past to build up to the property line. Nerison responded it was. Rye said it was not. Creigo asked when he replaced the deck, did the deck have a roof on it? Nerison said ''No it did not." Criego went on to say Nerison went beyond and put a roof on. Nerison admitted he did. Tovar explained putting a driveway to the property line and utility easement is not legal. Nerison said several people in his neighborhood have extended their driveways over the property line. Criego explained the issue is his driveway is over an utility easement rather than up to the property line. Warren Busch, 14287 Aspen Avenue, does not see a problem with the 1 3/16 inch. His concern is the driveway to the property line. His neighbor does not care ifhe builds his driveway to the property line. Obviously there is a problem if it is on an easement. Mr. Busch questioned if the existing driveways will have to be removed. Tovar responded there was insufficient staff to accomplish this. V onhof explained the 5 foot setback from the property line based on the ordinance passed in 1995. Busch said he wanted to put in a driveway. Vonhofwent on to explain one cannot build any structure or driveway over an easement. Comments from the Commissioners: Criego: · Nerison already has most of the unit set up and not going to argue over the inch or so. The main concern is the impervious surface. It has to be determined if it is in the impervious surface. 1:\98files\98plcomm\pcmin\nm042798.doc 8 Cramer: . Agreed with Criego. The setback is not an issue. . The impervious surface is an issue. . Is unsure where the shoreline district comes into play when part of the lot is divided. Need more information before making a decision. V onhof: . Agreed with previous comments by Commissioners. . Impervious surface is an issue. There are alternatives to this. . The setback is not an issue. Criego: . Question to staff: Do we know where the 1,000 feet intersects on this property? Tovar said part of the property is in and part is out. She did not have a scale or half section available. Stamson: . Agreed with staff that the hardship criteria has not been met. If Mr. Nerison had not built his structure already pushing it back an inch. I still would not have given him a variance. He could have easily pushed it back. My concern is that granting a variance based on that, if! have one that encroaches a few feet, I'll just go slap the deck up and expect a variance in hind sight. . Avoiding the process and allowing something that would not otherwise be allowed. In this case it's only an inch, next time a few inches, and on and on. . The 35% is still an issue. His property is in the Shoreland District. The impervious surface is a problem. Criego: . Agreed Stamson with the 1 inch setback. The survey in possession said 11 feet and does not feel it was intentional. . There has to be more information on the impervious surface. Cramer requested staff to research the definition of Shoreland District. Rye said the ordinance says "Lot", without reference as to how much is in or out. There is no reference to percentage in or out. Interpretation in the past has been any portion of the lot in the Shoreland District. MOTION BY CRlEGO, SECOND BY CRAMER, TO CONTINUE THE MATTER TO MAY 11, 1998. Vote taken signified ayes by all. MOTION CARRIED. 5. Old Business: A. Case #98-019 Discussion on proposed Official Map for the Ring Road between Franklin Trail and Toronto Avenue. 1:\98files\98plcomm\pcmin\nm042798.doc 9 . Hold to ordinance. . Agree with staff and deny the applicant the proposed change. . Recommend the City Council investigate some temporary use. It is not for the Planning Commission to decide. Open Discussion: Criego explained discussions from the last meeting. The reason the Planning Commission limited the use at the last meeting was to allow it with restrictions. This body has to have a human element into it. If the Planning Commission doesn't do something here the City is going to lose a great asset to the community. Cramer recalled P.L.A.Y. ran the program and dropped it. The applicant tried to resurrect the program on their own. There was a definite interest by the community. Agreed with Criego it is a valuable asset. Kuykendall does not believe we should change the entire ordinance for one issue. The City Council should deal with the issue. Do not use a band-aid approach. Stamson questioned the ordinance allowing a "temporary verbiage". Rye said there is a section in the State Planning Statutes that provides for what is called "Interim Uses". That would entail a zoning ordinance amendment so staff would have to do work on that and bring it back, have hearings on that and establish whatever procedure for what might happen. Rye said he does not know any community that has worked with it. Criego questioned what would this hurt by allowing gymnastics. It can't wait. All that needs to be done is to add a use to the district. It is not unusual, many cities do it on a regular basis. Stamson responded it clearly did not meet the intent. It is not being fme tuned. Felt there are problems with expanding. Specific wording could be used for gymnastics and not just clubs in general. MOTION BY CRIEGO, SECOND BY CRAMER, RECOMMENDING THE AMENDMENT AS MODIFIED IN ITEM 7 WITH THE ADDITIONAL WORDING STATING GYMNASTIC SCHOOLS ARE UNIQUE IN THE REQUIREMENT OF SUBSTANTIAL CEILING HEIGHT. REMOVE THE SECOND "ARE LIMITED" AND MODIFY THE LAST SENTENCE TO READ "THE MINIMUM PARKING REQUIREMENT FOR GYMNASTIC SCHOOLS SHALL NOT BE COMBINED OR SHARED PARKING WITH OTHER USES IN THE BUSINESS PARK." Vote taken signified ayes by Criego, Stamson and Cramer. Nay by Kuykendall. MOTION CARRIED. ~ C. Case #98-048 (continued) James Nerison is requesting variances for impervious surface and side yard setback for the property at 14294 Aspen Avenue. 8 On April 27, 1998, the Planning Commission continued the discussion on this request until May 11, 1998, in order to allow the staffto gather additional information. On May 4, 1998, the applicant submitted a letter requesting the item be continued until the May 26, 1998, meeting due to scheduling conflicts on his part. MOTION BY CRIEGO, SECOND BY CRAMER TO CONTINUE TO MAY 26, 1998. Vote taken signified ayes by all. MOTION CARRIED. D. Case #98-056 (continued) Consider a two foot setback variance for monument sign for Nordquist Signs on behalf of Park Nicollet Clinic. On April 30, 1998, the Planning Department received a letter from Nordquist Signs withdrawing the requested variances. No action was required. 6. New Business: 7. Announcements and Correspondence: Zoning Ordinance workshop dates are May 27, June 9 and June 23. Kuykendall and Criego will not be able to attend the Downtown Steering Committee meeting May 21. Stamson will try to make it. There was a brief discussion on the Rainbow Foods development on County Road 42. 8. Adjournment: The meeting adjourned at 7:54 p.m. Donald Rye Director of Planning Connie Carlson Recording Secretary 1:\98fi1es\98plcomm\pcmin\nm051198.doc 9 ( ~ '/ Cramer: . Has concern if it is just introduced to the Planning Commission. . Include diagrams within the ordinance itself so it is clearly understood. . Kansier said the diagrams are in the ordinance. V onhof: . The soils speaker should be videotaped and available for viewing by the public and future commissioners. MOTION BY CRIEGO, SECOND BY VONHOF, TO ACCEPT THE PROPOSED AMENDMENTS AS STAFF RECOMMENDED WITH THE CHANGE ON PARAGRAPH 2, "THE OWNER OF THE PROPERTY SHOULD PROVIDE CERTIFICATION FROM A PROFESSIONAL ENGINEER RATHER THAN A REGISTERED ENGINEER." AND MODIFY MOTION BY CREIGO, SECOND BY VONHOF, THAT THE CRITERIA BE CHANGED FROM "THERE IS NO HISTORY OF BLUFF FAILURE ON THE SITE" TO "THERE IS NO HISTORY OF BLUFF FAILURE ON THE SITE AND THE ADJACENT SITES. Vote taken signified ayes by all. MOTION CARRIED. MOTION BY CRIEGO TO HAVE PLANNING STAFF AND ENGINEERING STAFF REVIEW THE ORDINANCE WITH THE PLANNING COMMISSION, WITH SEVERAL EXAMPLES TO INSURE IT'S UNDERSTANDING AND IF THAT IS WHAT WE WANT IN THE FUTURE TO BE HELD IN THE NEXT MONTH. Rye said staffwould not be able to set it up within the next two meetings because of study sessions on the zoning ordinance with City Council. Mr. Anderson's schedule would have to be considered as well. The Commissioners decided to discuss this issue at the next meeting. There was no second or no vote. 5. Old Business: A. Case #98-048 (continued) James Nerison is requesting variances for impervious surface and side yard setback for the property at 14294 Aspen Avenue. Planner J enni Tovar presented the Planning Report dated May 26, 1998 on file in the office of the Planning Director. The Planning Commission continued the discussion on this request to gather specific information regarding the boundaries of the Shoreland District (SD), input from the DNR on lots located partially within the SD, and the policy relating to use of easements. 11 A map was presented indicating the boundaries of the Shoreland District. Mr. Nerison's property is located entirely within the SD. The DNR also supports staffs interpretation that lots partially within the SD must comply with the impervious surface requirement on the entire lot. The language is specific to include the entire lot. A memo from the engineering department relating to the use of drainage and utility easements was included in the report. The applicant is requesting the following variances: 1. 5.2% Variance to allow impervious surface of35.2% rather than the maximum allowed of 30%. 2. A 0.1 foot variance to allow a side yard setback of 9.9 feet rather than the required 10 feet. Staffhas concluded the variance request to impervious surface can be reduced or eliminated upon redesign of the structure or driveway and patio. The setback variance can be eliminated by relocating the proposed porch. The fact the structure is in place has no bearing on the hardship. If a permit application had been submitted prior to construction, these issues would have been addressed before any construction had began. Comments from the public: James Nerison, 14294 Aspen Avenue, said when he came into the City and asked where his lot was, staff measured out and told him only the comer of this lot was in the Shoreland District. Mr. Nerison said ifhe would have been shown a map and his entire lot was in there would have been no reason to come in and push this issue. Now the line has been moved to include his entire lot. At the time his driveway was put in was okay and should not be an issue. It is a surprise to him that his lot is in the Shoreland district. He knows now and will take off the roof. Rick Sheldon, 14300 Aspen Avenue, a neighbor, said he does not have a problem with the Mr. Nerison's driveway. Comments from the Commissioners: V onhof: . Clearly the property is in the Shoreland District. Cannot support the impervious surface request. . The one inch side yard is not significant and can be dealt with. Criego: . The porch is up at this point. . No problem with the inch setback. It was built by accident. The hardship has been met. . Pretty stringent with the 30% in the Shoreland District. Not in favor of the 35.2% impervious surface. 1:\98files\98plcornm\pcmin\nm052698.doc 12 . Nerison said he put the structure up without a permit and will take the roof off. Cramer: . Criego and V onhof summed up his feelings. Concur with the side yard setback. . Can not go along with the impervious surface. Stamson: . If the applicant would have applied for a building permit, would the side yard setback have been caught? Tovar said it would have been caught and not approved. An inspector would have been sent out and make a determination. . Tovar pointed out that even with removal ofthe roof, the applicant would still be over the 30% impervious surface. . Agreed the impervious surface hardship has not been met. . Support the side yard setback in regard to a deck but not a porch. A survey would have been required. Criego: . If the roof is taken off the three season porch then what percentage of impervious surface is there with the driveway? And when was the driveway added? . Nerison said he did not know when he put the driveway in. . Tovar said it was November of '87 and after the impervious surface ordinance was in place. Nerison would have to come into compliance and staffhas talked to him about options. . Nerison said his brick patio is not impervious, it is just bricks laid in sand. . Tovar said the removing the porch would be at 33.5% impervious surface. Rick Sheldon questioned how much impact will this have on the entire community of Prior Lake? Stamson responded the Commissioners have looked into it and it makes a difference. The DNR wants the City to be at 25% impervious surface. Nerison said the fact that the runoff from the addition that goes into an overflow basins before it goes into the lake, would that have any affect? He is not the only person in the neighborhood that has an impervious surface problem. Tovar responded the City works on a complaint basis. Someone filed a complaint and the City had to investigate and found out Nerison did not meet City Ordinances and enforced and enforced the complaint. The City does not go out and drive around looking for violations. MOTION BY STAMSON, SECOND BY CRAMER, DENYING A 5.2 PERCENT VARIANCE TO PERMIT IMPERVIOUS SURF ACE COVERAGE OF 35.2 PERCENT RATHER THAN THE MAXIMUM ALLOWED OF 30 PERCENT. AND APPROVE A 0.1 FOOT VARIANCE TO PERMIT A 9.9 FOOT SIDE YARD SETBACK INSTEAD OF THE REQUIRED 10 FOOT SETBACK FOR AN UNCOVERED DECK. 1:\98files\98plcomm\pcmin\nm052698.doc 13 Staff Reports L:\TEMPLA TE\FILEINFO.DOC AGENDA ITEM: SUBJECT: SITE: PRESENTER: REVIEWED BY: PUBLIC HEARING: DATE: INTRODUCTION: PLANNING REPORT 5B CONSIDER RESOLUTION APPROVING SIDEY ARD SETBACK VARIANCE AND DENYING IMPERVIOUS SURFACE VARIANCE FOR JAMES NERISON, Case File #98-048 14294 ASPEN AVENUE JENNITOVAR,PLANNER JANE KANSIER, PLANNING COORDINATOR YES -2L NO JUNE 8, 1998 On April 22, 1998 the Planning Commission heard a request from James Nerison who had built a porch without a permit and is now requesting the following variances: 1. 5.2% Variance to allow impervious surface of 35.2% rather than the maximum allowed of 30%. 2. A 0.1 foot variance to allow a side yard setback of 9.9 feet rather than the required 10 feet. The Planning Commission held a public hearing and continued the request to allow staff to present additional information. On May 26, 1998 staff presented the requested information and the Planning Commission directed staff to prepare a resolution denying the requested variance to impervious surface and a resolution approving the side yard setback variance. Attached are Resolution 98-12PC and Resolution 98-16PC. RECOMMENDATION: Adoption of Resolution 98-12PC and 98-16PC. ALTERNATIVES: 1. Approve Resolutions 98-12PC and 98-16PC or approve any variances the Planning Commission deems appropriate in the circumstances. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 2. Table or continue discussion of the item for specific purpose. ACTION REQUIRED: Motion and second adopting Resolutions 98-12PC and 98-16PC. L:\98FI LES\98V AR\98-048\98048PC4.DOC Page 2 RESOLUTION 98-12PC DENYING A 5.2 PERCENT VARIANCE TO PERMIT IMPERVIOUS SURFACE COVERAGE OF 35.2 PERCENT RATHER THAN THE MAXIMUM ALLOWED OF 30 PERCENT. BE IT RESOLVED BY the Board of Adjustment ofthe City of Prior Lake, Minnesota; FINDINGS 1. James Nerison has applied for a variance from Section 5-8-3 of the City Code on property located in the PUD (planned Unit Development) and SD (Shoreland Overlay) Districts at the following location, to wit; 14294 Aspen Avenue, legally described as Lot 16, Block 4, Sand Pointe Second Addition, Scott County MN. 2. The Board of Adjustment has reviewed the application for a variance as contained in Case #98-048 and held a hearing thereon on April 27, 1998. The discussion was continued to gather additional information relating to Shoreland District boundaries and use of easements. 3. The applicant requested the item be continued to May 26, 1998. 4. The Board of Adjustments continued discussion on May 26, 1998 and reviewed the requested additional information. On May 26, 1998 the Planning Commission directed staff to prepare a resolution of denial. 5. The Board of Adjustment has considered the effect of the requested impervious surface variance 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 variance on the Comprehensive Plan. 6. The granting of the impervious surface coverage variance is not necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant has alternatives to reduce impervious surface, thus eliminating the variance request. The variance will serve merely as a convenience to the applicant. 1:\98fIles\98va,r\98-Q4lfue2.8l2pc dop Page 1 16200 Eagle Creek Ave. :::>.E., Prior CaKe, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER -', 7. The Board of Adjustment finds the applicant has created his own hardship through the design of the proposed porch, expansion of the driveway and failure to obtain a building permit which would have brought the issues to the applicant's attention prior to beginning construction. 8. The Board of Adjustment fmds the spirit and intent of the ordinances cannot be met if the variance is granted. 9. The Board of Adjustment has concluded reasonable use can be made of the property without the variance. 10. The Board of Adjustments determines it is the responsibility of the property owner to know the ordinances of the city. The property owner failed to obtain a building permit prior to construction ofthe porch, thus creating his own hardship. 11. The contents of Planning Case 98-048 are hereby entered into and made a part of the public record and the record of decision for this case. CONCLUSION Based upon the Findings set forth above, the Board of Adjustment hereby denies the following variances for 14294 Aspen Avenue, as shown in Exhibit A (survey and legal description); 1. A 5.2 percent variance to permit impervious surface coverage of35.2 percent rather than the maximum allowed of 30 percent. Adopted by the Board of Adjustment on June 8~ Anthony tamson, Chair ATTEST: Donald R. Rye, Planning Director 1:\98fi1es\98var\98-048\re9812pc.doc Page 2 EXHIBIT A C.E/?F/F/CAF.E OF S[/./?YEY FOR- JAK g S .IV gR./SO.IV LEGAL DESCRIPTION: LOT 16, BLOCK 4 SAND POINTE SECOND ADDITION SCOTT COUNTY, MINNESOTA \ \ ", \'" \ LEGEND s....5NfIfNtrstWCR 51 ... $"I'CRM S[W(" ".....Alt~ (> -- . . . ""rtR v.tt.Y( S 30 0 30 11111111111 I GRAPHIC SCALE - FEET 60 I 0..._ a . . . . CAfCM BASIN I/J....~ -<l-. ....-pou: C. ..~CASIoWH T . . . . UNOlRCltOUNO m.tPtfOH( (....~tllCTItC I ,..,.., e.ttfy that INe ""'"', j)bt. or Noort ... pnIPOf'*I by me or uttd., my direct ~ and that I am a du'" ne.n.ed lond Sutwyer unci... tbt low. of the IIIattI 01 lIInrMeota. tv . . . . UNOlIlGltCUMO CI&E T.V. SJ9ned 1M 11th dor 'IJf hbeh A.O.. 1198 ~ tiff 4L- _lI._ MIMaota UoenH No. 22<<0 ror Solon '* ...... !no. au . . . . ~ UTlUfY UCS . . . . . IRON YQfIUUOff FtlUHO "\ O. . . . IRON '" UQNUM(Hf sa "'. . . . . EXISTlHC $POT D..1\'AtlON I\. . . . . /\.OW QIIlCl10N MeratIons to I.Nt drewinrq .. proftibitH ...thout u.. ~ .n..... f*""it'- 01 Bollen II Meftll, lne. ~ 1998. 8oMoft ,. Wenk. Inc. ~ ....~~~'t~~~ --~........-.~.....- .......................'..-.aM'._a JOB NO. TS98.0036 FILE NO. 1386 NET T8036SB1." ,. CITY OF PRIOR LAKE Impervious Surface Calculations (To be Submitted with Building Pennit Applic:J.tion) F or All Properties Located in the Shoreland District (SD). The Maximum Impervious Surface Coverage Permitted in 30 Percent. Property Address \4-2. ~ 4- A-.5p'€Y\ Ave... Lot Area R'1-33 Sq. Feet x 300/0 = .............. 2..G:l J ~ . qO *********************************************************~************** LENGTH WIDTH SQ. FEET HOUSE ~ ATTACHED GAR-<\GE x = x = x = TOT AL PRIN CIP LE STR U CT1JRE....._............... /~Cc8.<O~ DETACHED BLDGS (Garage/Shed) x X TOT AL DETACHED BUILDINGS---.-...-..- DRIVEW A Y fP A VED .A...t<..EAS (fprivewa"0-paved or not) (SidewalkIPar..dng Are"'-s) 1003. z..C) X X X = = = TOT AL P A v"'ED AREAS........................_............... I 003 . 2..C) ~RcHESyDECKS X = 55.act (Opc:1 Decks ';." min. ope:1ing bc:w-e=:1 X = boards. widt ~ pc::"rious surt~c:: below. 14-S.4<n are not considc:-::d co be: impe:'Vious) X = TOT.U DECKS ........................................................ 2...0 \ . IS X X = OTHER = TOT.U OT1ITR.......-...-...........-............-......-.... Company ~.y~.~ I l ~ct ~v1 ~ tYeY1lA Jfic \... l Date \ \ 3 I (zJ9~ 3o~. 1'2... I 453. 12- - I TOTAL IL\1J?ER'lIOUS SURFACE UNDE~vjff Prepared By Phone -# 7390 . 0509 RESOLUTION 98-16PC APPROVING A 0.1 FOOT VARIANCE TO PERMIT A SIDE YARD SETBACK OF 9.9 FEET RATHER THAN THE MINIMUM REQUIRED SETBACK OF 10.0 FEET. BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. James Nerison has applied for a variance from Section 5-4-1 of the City Code on property located in the PUD (planned Unit Development) and SD (Shoreland Overlay) Districts at the following location, to wit; 14294 Aspen Avenue, legally described as Lot 16, Block 4, Sand Pointe Second Addition, Scott County MN. 2. The Board of Adjustment has reviewed the application for a variance as contained in Case #98-048 and held a hearing thereon on April 27, 1998. The discussion was continued to gather additional information relating to Shoreland District boundaries and use of easements. 3. The applicant requested the item be continued to May 26, 1998. 4. The Board of Adjustments continued discussion on May 26, 1998 and reviewed the requested additional information. On May 26, 1998 the Planning Commission directed staffto prepare a resolution of approval. 5. The Board of Adjustment has considered the effect of the requested setback variance 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 variance on the Comprehensive Plan. 6. The granting of the setback 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 applicant. 1:\98fi1es\98var\98-048\re9816pc.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER " ''''''-'- 7. The Board of Adjustment finds the applicant intended to meet the setback and was utilizing a survey that was inaccurate. Had the applicant applied for a permit for the deck, a revised survey would not have been necessary and the 0.1 foot discretion would most likely have gone unnoticed. 8. The Board of Adjustment finds the spirit and intent of the ordinances is met if the variance is granted. 9. The contents of Planning Case 98-048 are hereby entered into and made a part of the public record and the record of decision for this case. CONCLUSION Based upon the Findings set forth above, the Board of Adjustment hereby approves the following variances for 14294 Aspen Avenue, as shown in Exhibit A (survey and legal description) for a proposed uncovered deck as shown in the same location as proposed porch; 1. A 0.1 foot variance to permit a 9.9 foot setback rather than the minimum setback required of 10.0 feet. Adopted by the Board of Adjustment on June 8, 1998. Anthony Stamson, Chair ATTEST: Donald R. Rye, Planning Director I:\98files\98var\98-048\re9816pc.doc Page 2 ~ ~\J.----.!..,uu IOU..JO~O t.- JIIII"""'" ,. CITY OF PRlOR Li\KE Impervious Surface Calculations (To be Submitted with 3uilding Pe:mit Applic:mon) For.All Properties Located in tb.e Shoreland District (SD). Tne Nfa..ximum Impervious Surface Cove!'age Permitted in 30 Percent. Property Address 14Z.~4- AoO'€Y\ fl. U'E-. I Lot .Area ~ 'T33 Sq. Fee! x 30% = .............. 2.G:. J Cj . Cia ************************************************************************ LENGT.ti ~1DT.d SQ. FEET HOUSE ~ ATTACHED G.A...R.A.GE v .... = x = x = TOTAL PRIN CIP LE STR U CT1.TRE._._...-......... 1t;..~8.<o~ DETACi--:ED BLDGS (GaragelShed) x x TOTAL DETAC11.-;:D BtjILDINGS___..._.._ 1003. z..g DRIVEW A YIP A YED A...~AS ((brivewa~paved or noe) (SidewaiklPar:<ing Are:lS) x = x X = = TOT AL P A 'Y"ED A..'U:AS.............-.-...--.--......-.. I cc3 . 2.'1 ~,},.TIOS:cPO RCh""ESro E CKS (Cpe De---Xs v.- min. ope::ing oe:we:n boards. wid'! :1 pe:"'rious surf:lc:: below. ace: not c:msidc:-:d co be imp<::'Vious) X X = 55.G;<i = 14-5.~ x = TOT..\1.. DECKS .....................--.....-...................... 2..0\.15 x. x. = OT.dER = TOT.U OTh"""1<' R......_..._......._.._..._._...._......_.... Compa.llY --tl.y~.~ , ' l BcL~v1 ~ IYeYl/A Jr.c. '- , Date I 3c~. 12- I 4-53. zz. - I ..3 I { z.J 99< TOTAL IL\'rPERv1:0US SlTRFACE UNDEptC)~g Prepared By 'Ot., .. J. .....one :; 7390 . 0509 AGENDA ITEM: SUBJECT: SITE: PRESENTER: REVIEWED BY: PUBLIC HEARING: DATE: INTRODUCTION: PLANNING REPORT 5A CONTINUED DISCUSSION TO CONSIDER A SIDEY ARD SETBACK VARIANCE AND AN IMPERVIOUS SURFACE VARIANCE FOR JAMES NERISON, Case File #98-048 14294 ASPEN AVENUE. fir' JENNITOVAR,PLANNER jJ JANE KANSIER, PLANNING COORDINATOR YES ..lL NO MAY 26,1998 The Planning Commission continued the discussion on this request to gather specific information regarding the boundaries of the Shoreland District (SO), input from the DNR on lots located partially within the SO, and the policy relating to use of easements. Attached is a map indicating the boundaries of the Shoreland District. Mr. Nerison's property is located entirely within the SO. The DNR also supports staff's interpretation that lots partially within the SO must comply with the impervious surface requirement on the entire lot. Attached is the section of the ordinance relating to impervious surface. The language is specific to include the entire lot. Also attached is a memo from engineering department relating to the use of drainage and utility easements. The applicant is requesting the following variances: 1. 5.2% Variance to allow impervious surface of 35.2% rather than the maximum allowed of 30%. 2. A 0.1 foot variance to allow a side yard setback of 9.9 feet rather than the required 10 feet. VARIANCE HARDSHIP STANDARDS 1. Literal enforcement of the Ordinance would result in undue hardship with respect to the property. L:\98FILES\98VAR\98-048\98048PC2.DOC Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER This criteria goes to whether reasonable use can be made of the property if the Ordinance is literally enforced. The property has been utilized as a single family residence for 15 years. Reasonable use of the property has existed and will continue to exist as a single family dwelling without the variance. There is no hardship with respect to the property. The legal building envelope and 30% maximum impervious surface allow for reasonable use of the property. 2. Such unnecessary hardship results because of circumstances unique to the property. Considering the area was platted as a PUD, and most of the lots are 8,000 to 10,000 square feet in area, there are no unique circumstances of the lot. While the impervious surface ordinance was adopted after the lot was created, which the applicant had no control over, it does not warrant a hardship. 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 lot area is 8,733 sq. feet and 65 feet wide. However, the hardship was created by the applicant, not the property. The applicant can modify the plan to reduce or eliminate the excess impervious surface. The existing driveway is non-conforming (up to the lot line), and the applicant has options for eliminating impervious surface. The setback variance can also be eliminated if the porch is moved to meet the setback. The hardship is caused by the actions of the property owner. 4. The variance observes the spirit and intent of this Ordinance, produces substantial justice and is not contrary to the public interest. The intent of a maximum impervious surface is to reduce the surface run-off to bodies of water located within the Shoreland District. Considering the impervious surface can be reduced, the intent cannot be met as proposed. The variance request to side yard has little if any impact on altering the intent of side yard setback. Without mitigating measures, the granting of the variance request is contrary to the public interest. The variance to impervious surface can be reduced or eliminated upon a redesign of the structure and/or removal of a portion of the driveway and patio. RECOMMENDATION: Staff has concluded the variance request to impervious surface can be reduced or eliminated upon redesign of the structure or driveway and patio. The setback L:\98FI LES\98V AR\98-048\98048PC2.DOC Page 2 variance can be eliminated by relocating the proposed porch. The fact the structure is in place has no bearing on the hardship. If a permit application had been submitted prior to construction, these issues would have been addressed before any construction had began. ALTERNATIVES: 1. Approve the variances requested by the applicant, or approve any variances the Planning Commission deems appropriate in the circumstances. In this case, the Planning Commission should direct the staff to prepare a resolution approving the variances. 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. ACTION REQUIRED: Adoption of the attached Resolution #98-12PC denying the variance to impervious surface and side yard setback. L:\98FI LES\98V AR\98-048\98048PC2.DOC Page 3 PRIOR LAK'E " If CITY OF PRIOR 151~B4 LAI(E I '1 ~,-I '\ l' ..I1.J.i)' .\-..,'-c... <E \ I'I~~OO' r=- -> ) 5-8-3 5-8-3 Natural Recreational General Tributary Development Development Development Development Lakes Lakes Lakes Lakes Structure'~ setback from' OHW (feet) 150 ~ "*50 75 Top of bluff (feet) 30 30 30 30 Unplatted Cemetery (feet) 50 50 50 50 Structure height limitation (feet) 35 35 35 35 3. Bluff Impact Zones: Structures and accessory facilities, except stairways and landings, must not be placed within bluff impact zones. Sec..'. c1.ct""""""." tt i'-,,~t<':' -r::.-;~:?',,_-r (B) Impervious Surface Coverage: 1. Impervious surface overages for lots in all zoning districts shall not exceed thirty percent (30%) of the lot area, except as provided in the following sections. Such impervious surface coverage shall be documented by a certificate of survey at the time of any zoning or building permit application, according to the definitions of impervious surface as listed in Section 5-1-7 of this Title. (a) An existing site which is being altered, remodeled, or expanded without expanding the existing i"-,pervious surface may be allowed, provided that where appropriate and where necessary, structures and practices for the treatment of storm water runoff are in compliance with the Prior Lake Storm Water Management Plan and approved by the City Engineer. (b) In all commercial and industrial zoning districts and for public recreational uses, new construction on conforming lots or an existing site being altered, remodeled, or expanded which expands the existing impervious surface coverage may be allowed where necessary, provided the site conforms to the Prior Lake Storm Water Management Plan, Best Management Practices and is approved by the City Engineer, provided the impervious surface coverage does 896 City of Prior Lalte Verlyn Raaen To: Cc: Jennifer Tovar Angie Jaspers; Bob Hutchins; Don Rye; Doug Hartman; Greg IIkka' Jeff Evens' Kevin Kleist Lani Leichty; Matt Saam; Paul Baumgartner; Susan McDermott' , , Easement Use Restrictions . Subject: The Engineering Department does not have a comprehensive written policy regarding which uses of easements by underlying property owners are allowed and which. are not We hope to develop one in the near future. In the interim I will be responding to inquiries as follows unless directed otherwise. 1. No structures including retaining walls are allowed in any easement, with the exception that within the Shoreland District, special consideration will be given to retaining walls. . 2. Garden and flower bed areas. etc. which create a bare soil condition in easements for drainage purposes are not allowed. 3. Any landscaping feature, etc. which restricts the flow of storm water within an easementfordrainage purposes and/or deflects it onto neighboring properties is not allowed. Steep earthen slopes are not allowed to be created within easements for drainage purposes which force an inordinate amount of stormwaterflow onto a neighboring property. The exception to this is those areas where a subdivision grading plan has been approved by the City to allow these slopes. . 3. Fences, driveways, and sprinkler systems are allowed if they do not have an adverse impact on utility lines or drainage. 4. When Cityinfastructure exists and the setback to aproposed structure becomes a critical consideration, the Engineering Department will attempt to accurately locate the facility in the field to determine that adequate setback is provided. The assumption that all of the City's utility lines which are illustrated on plan sheets to be located within the confines of the respective easements were actually constructed as such is not a safe assumption. Consequently, field verification is necessary. Page 1 RESOLUTION 98-12PC DENYING A 0.1 FOOT VARIANCE TO PERMIT A 9.9 FOOT SIDE YARD SETBACK INSTEAD OF THE REQUIRED 10 FOOT SETBACK AND A 5.2 PERCENT VARIANCE TO PERMIT IMPERVIOUS SURFACE COVERAGE OF 35.2 PERCENT RATHER THAN THE MAXIMUM ALLOWED OF 30 PERCENT. BE IT RESOLVED BY the Board of Adjustment ofthe City of Prior Lake, Minnesota; FINDINGS 1. James Nerison has applied for a variances from Section 5-8-3 and 5-4-1 of the City Code on property located in the PUD (Planned Unit Development) and SD (Shoreland Overlay) Districts at the following location, to wit; 14294 Aspen Avenue, legally described as Lot 16, Block 4, Sand Pointe Second Addition, Scott County MN. 2. The Board of Adjustment has reviewed the application for a variance as contained in Case #98-048 and held a hearing thereon on April 27, 1998. The discussion was continued to gather additional information relating to Shoreland District boundaries and use of easements. 3. The applicant requested the item be continued to May 26, 1998. 4. The Board of Adjustments continued discussion on May 26, 1998 and reviewed the requested additional information. 5. The Board of Adjustment has considered the effect of the requested setback and impervious surface 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. 6. The granting of the setback variance and impervious surface coverage variance is not necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant has alternatives to eliminate and reduce the variances. The variances will serve merely as a convenience to the applicant. 16200 E'~~I~~~~~k",~~~ost.~9~~rgte~ke, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (6t2fa,h-4245 AN EQUAL OPPORTUNITY EMPLOYER 7. The Board of Adjustment finds the applicant has created his own hardship through the design of the proposed porch, expansion of the driveway and failure to obtain a building permit which would have brought the issues to the applicants attention prior to beginning construction. 8. The Board of Adjustment finds the spirit and intent of the ordinances cannot be met if the variances are granted. 9. The Board of Adjustment has concluded reasonable use can be made of the property without the variances. 10. The Board of Adjustments determines it is the responsibility of the property owner to know the ordinances of the city. The property owner failed to obtain a building permit prior to construction ofthe porch, thus creating his own hardship. 11. The contents of Planning Case 98-048 are hereby entered into and made a part of the public record and the record of decision for this case. CONCLUSION Based upon the Findings set forth above, the Board of Adjustment hereby denies the following variances for 14294 Aspen Avenue, as shown in Exhibit A (survey and legal description); 1. A 0.1 foot variance to permit a 9.9 foot side yard setback instead ofthe required 10 foot setback from the centerline. 2. A 5.2 percent variance to permit impervious surface coverage of35.2 percent rather than the maximum allowed of 30 percent. Adopted by the Board of Adjustment on May 26, 1998. Anthony Stamson, Chair ATTEST: Donald R. Rye, Planning Director 1:\98files\98var\98-048\re9812pc.doc Page 2 EXHIBIT A Cff./?r/F/CArff OF St/./?/7ffY FOR- JA.K-ES .IV-E./?/SO.IV LEGAL DESCRIPTION: LOT 16, BLOCK 4 SAND POINTE SECOND ADDITION SCOTT COUNlY, MINNESOTA ./ ./ ~ @#-'> ~ ," \. \ \ \'" \ LEGEND s . . . . SNeJAfW S(W[R ST .... STORM SEW[ft S 30 0 30 IIII1I11111 1 GRAPHIC SCALE - FEET 60 I . . . . . WAl[Rt.WN .0.. .. FIR( HYORNf1' .....WATtRVN..V( 0....-.u e . . . . CATCH MSIN RI . . . . ............. "* .. .. UOItT POlE G . . . . tHJ(RGROUNI) CAS t.WN , . . . . UMDERGRQUNO TEl!PMON[ [ . . . . UNDERCROUND metRIC lY . . . . UNOERGROUND CMl.E: T.V. I here~ certify that tttll ...rwy. pion. or report WOI pnpcnd br' "" or under my _ .......-. ond lhot I om 0 duly "",od land ~ umle< tho Low. of the II\otI of Nlmeeota. Sltnod '110 11th 6at of March A.D. 1998 ~ -If( lit- Oennlo M. _ MInnesota UcenM No. 22440 ror Bolton . M.nk. Inc. ou.'.' O't'ERH(AOvnuTYUC . . . . . IRON MONUMENT FOUND " 0.... IRON PIPE MONUMENt" SET ~. . . . . ElCISTINC sPOT El1VAl1ON " . . . . now DtR[C11ON NteroU6nl to thIt drow1ng or. prohIbited without tM exprnt written pe"",ttIon of Bofton a: Menk, Inc. CowI9hI ,-. _ . -. ,.... M ....~~~tt~~.:.. ona<lfJ'lCft...~....UIP'I'M.... .'IIUIIf\.....",,,.,,.....,..... JOB NO. T598.0036 FILE NO. 1386 NET T8036SB1.- ,. CITY OF PRIOR LAKE Impervious Surface Calculations (To be Submitted with Building Pennit Application) For All Properties Located in the Shoreland District (SD). The Maximum Impervious Surface Coverage Permitted in 30 Percent. Property Address )42.. ~ 4- Aspm Ave... Lot Area R~33 Sq. Feet x 30% = .............. 2.~I~ .QO ************************************************************************ LENGTH WIDTH SQ. FEET HOUSE ~ ATIACHED GARAGE x x x = = = TOTAL PRINCIPLE STRUCTURE...................... 1~~8.~~ DETACHED BLDGS (Garage/Shed) x x TOT AL D ETA CHED BUILD IN GS....................... DRIVEW A YIP A VED AREAS (fi:)rivewa~paved or not) (SidewalkJParking Areas) 1003. 2...9 x X = = X = TOT AL P A YED AREAS......................................... I 00'3 . 2..'L ~RCHE~ECKS X = S5.a<1 (Open Oedcs Yo" min. opening between X = boards. with:1 pervious surface below, J45.4<a are not considered to be: impervious) X = TOT.U DECKS........................................................ 2.0\. IS X X = OTHER = TOT AL OT'I:ffiR.............-.........................-......-.... Company 1<.'t,J.~ RoLMV1 ~ Nmh IYtc '- I Date I I 3/ (zJ9~ 73<(0 . 0509 3o~. 1'2... J 453. 1.Z - I TOTAL IMPERVIOUS SURFACE UNDE~ Prepared By Phone # t' · U.""_N I:JONG1N.."ING I'" ==-_=',,"='NC, .LJ~ EX 1811 8 I) - iLl I' "ortll 0"'" .171.-011 6871 HlIh"or.No, " ",l, o ~. 1nMto18 11M>> II Iou'" Offlc. . llO-I!!10 ~ =:::\:~7 Civil. U""il:iptll. mviro",",,,'ol En,i1ttrrin, I..IIrtd SII/''''''' 0 LAIffI ,,.,,,.,,, 0 SolI r'Jlm. CE2rlt:/CAre of ;UqVEY /D.e w/Iv'osoe DEJlELOPMENT CORP- ,. 8torinqG ~how" art ag~lJmtd. dtnofts ;rcn monuml.nf, ProfJq9td e/,valiong 9hown bLJ others . I ----------- jl/.301 ./' oj. PROPOSED ELEVATIONS Top of Block lowest Floor Garage Floor ,,/ "" .............. LOT /6 , BLOCK 4, SANO PO/Nre 2A1D AOOlr/ON, SCOTT COI.JNTYJ MlAlA/E~OTA_ I h.r.., c.rtlf, t..t t." .ur..,. ,I.. .r r.,.rt w.. ,r.,er.. ., .. .r u.4.r ., .nd t..t ~, .. I 4ul, .:~~.t.rl. L... Sur..,.r ....r t.. La.1 .f ~St.t. .f 0.t.4 thb ~~ 4.; .~,.t"1 . I'. ' .~ ~-" _ , , , Car,. rho "I .t.ra4 Lad Surn,or Il.n.. . I.. 10"3 ! Not Pubh,htod, All Altlh" n_rved t:iLE. ,g/Ji, ~lIM~_ I ._0....---. uO . BtarinqG ~hown art ag~lJmtd. d~ofts l'rcn monumtnf I Pro~9td e/,valion~ 9hown b'l othl.N, I 1;~~~~";11''1 I 1" · 30 I "" '.,.-:f-." < 11,;. ,:r~ \ EXHIBITC ...-.... -..... .. ... , .'...... ........ . I' lout.. Office. ItM510 I' ....: =-~,r;:; \;1 !. ':~:j, ! ~' . l;>, .~~ ft.;' ',I 'lIj, . ~~:J ; t: .~,.,l "! ~: "'~~, ~fi 4:';: '~ ~$ ~j,rq ~ I f J~ I ~' .is'; ~ r~ ~~. ,.. .~, ~J' t~. ~,: ~~ ~' ~\ i,; ~~~. ", f, 1\ 'i-\'. I r ~, ~,; " ;, tf t CI'I/I. 101_"..1 "' 1>1.11_,,"11:10I.....,... ~ Sill"""" . lAM,,.,,,., . SuII r'lI.... / PROPOSED ELEVATIONS Top of Block Lowest floor Garage floor ~,.~qO&/W 611'6.' ' LOT 16 , B/.,OCK 4, SANO POINrS 2A1o ADOlr/ON, SCOTT COIJNTYJ MAlA/EGOrA_ I h.rl~' clrtlf, tk.t tkl. lur.." ,1.. ., ,.,.,t ... ".,ar.' ~, I' " ua", I, 1,.et lu,.rvtsl.a and that 1 .. . 'ul, '.,(ate,.' L..~ lu,..,.' ...., th. Llw. .f t . .t.t. .f I" i . , 0.",. thl~ It'fl//'~~., .ryt/P-'I'I ' ,1'~ ' ~~ "'0' P..b"'htICl. "" lilth.. n_,... ~(,e '31/. :i8909~ , L'(LCU.At6"Y\ PUBLIC HEARING Conducted by the Planning Commission VitlA ,:J I"i' 1116 Qr-l)52.. J - ~048" CWld.. ?j~-~ ~ t1~-~7, The Planning Commission selcomes your comments in this matter. In fairness to all who choose to speak, we ask that, after speaking once, you allow everyone else to speak before you address the Commission again and limit your comments to clairification or new information. Please be aware this is the principal opportunity to provide input on this matter. Once the public hearing is closed, further tesitmony or comment will not be possible except under rare conditions. The City CouI}'cil will not hear additional testimony when it considers this matter. Thank you. ATTENDN~CE-PLEASEPRJ.NT I s-cf:> t ~-p.a4,1& {~37 PHLlST.OOC PAGE 1 PLANNING REPORT SITE: PRESENTER: REVIEWED BY: PUBLIC HEARING: DATE: 4C CONSIDER ASIDEY ARD SETBACK VARIANCE AND AN IMPERVIOUS SURFACE VARIANCE FOR JAMES NERISON, Case File #98-048 14294 ASPEN AVENUE ~ JENNI TOVAR, PLANNER,-~I JANE KANSIER, PLANNING COORDINATOR YES .lL NO APRIL 27, 1998 AGENDA ITEM: SUBJECT: INTRODUCTION: On February 23, 1998, Mr. Nerison applied for a building permit to allow for the construction of a three season porch, which he had already begun construction on without obtaining a building permit. His property is located at 14294 Aspen Avenue in the Sand Pointe 2nd Addition. The property is zoned PUD and is within the SD Shoreland District. Upon review of the building permit it became apparent that the proposed porch does not meet the required setback and impervious surface ordinances. On April 3, 1998, the Planning Department received a variance application from James Nerison. The attached survey (Exhibit A) indicates a proposed impervious surface of 35.2% and the proposed porch is setback 9.9 feet from the side property line. The lot is approximately 65 feet by 130 feet and is 8,733 square feet. Therefore, this lot is a substandard lot and can utilize one 5 foot side yard setback (Section 5-4-1 City Code). The PUD provisions for Sand Pointe also allow one side yard setback of 5' on the garage side of the house. Section 5-8-3 of the City Code allows for a maximum impervious surface coverage of 30 percent. DISCUSSION: Lot 16, Block 4, Sand Point 2nd Addition was platted in 1982. The house was constructed in 1983 as shown in Exhibit B, with the garage side of the house setback 5' from the side property line. The proposed porch is located on the opposite side of the house. In 1985, Mr. Nerison added a deck and finished the basement. In 1983, when the house was built, there was no impervious surface requirement. The impervious surface requirement was adopted on May 4, 1987. L:\98FILES\98VAR\98-048\98-048PC.DOC Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER The impervious surface on the lot, when the ordinance was adopted was 26.4% (as the house was originally built). On November 13,1987, Mr. Nerison received a permit for garage addition. Based on the survey submitted for the garage addition (Exhibit C), the impervious surface became 29.0% upon completion of the garage addition. Sometime between this approval and February 23, 1998, the applicant expanded the driveway to the property line and added a brick patio. While permits are not required for such alterations, property owners must comply with the ordinance. These additions and the recent construction of the porch increased the impervious surface to over 30 percent. The applicant is now requesting a variance to allow impervious surface of 35.2% rather than the maximum of 30% and a side yard setback variance to allow a setback of 9.9 feet rather than the required 10 feet for proposed porch. No previous variances have been granted for this property. Mr. Nerison has owned this property since at least 1985 when the deck permit was issued. VARIANCE HARDSHIP STANDARDS 1. Literal enforcement of the Ordinance would result in undue hardship with respect to the property. This criteria goes to whether reasonable use can be made of the property if the Ordinance is literally enforced. The property has been utilized as a single family residence for 15 years. Reasonable use of the property has existed and will continue to exist as a single family dwelling without the variance. There is no hardship with respect to the property. The legal building envelope and 30% maximum impervious surface allow for reasonable use of the property. 2. Such unnecessary hardship results because of circumstances unique to the property. Considering the area was platted as a PUD, and most of the lots are 8,000 to 10,000 square feet in area, there are no unique circumstances of the lot. While the impervious surface ordinance was adopted after the lot was created, which the applicant had no control over, it does not warrant a hardship. 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 lot is considered to be substandard. The lot area is 8,733 sq. feet and 65 feet wide. However, the hardship was created by the applicant, not the property. The. applicant can modify the plan to reduce or eliminate the impervious surface. The existing driveway is non-conforming (up to the lot L:\98FI LES\98V AR\98-048\98-048PC.DOC Page 2 line), and the applicant has options for eliminating impervious surface. The setback variance can also be eliminated if the porch is moved to meet the setback. The hardship is caused by the actions of the property owner. 4. The variance observes the spirit and intent of this Ordinance, produces substantial justice and is not contrary to the public interest. The intent of a maximum impervious surface is to reduce the surface run-off to bodies of water located within theShoreland District. Considering the impervious surface can be reduced, the intent cannot be met as proposed. The variance request to side yard has little if any impact on altering the intent of side yard setback. Without mitigating measures, the granting of the variance request is contrary to the public interest. The variance to impervious surface can be reduced or eliminated upon a redesign of the structure and/or removal of a portion of the driveway and patio. RECOMMENDATION: Staff has concluded the variance request to impervious surface can be reduced or eliminated upon redesign of the structure or driveway and patio. The setback variance can be eliminated by relocating the proposed porch. 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. ACTION REQUIRED: Adoption of the attached Resolution #98-12PC denying the variance to impervious surface and side yard setback. L:\98FILES\98V AR\98-048\98-048PC.DOC Page 3 NOTICE OF HEARING TO CONSIDER THE FOLLOWING VARIANCES: A 5.2 PERCENT VARIANCE TO PERMIT IMPERVIOUS SURFACE COVERAGE OF 35.2 PERCENT RATHER THAN THE MAXIMUM ALLOWED OF 30 PERCENT AND A 0.1 FOOT VARIANCE TO PERMIT A SIDE YARD SETBACK OF 9.9 FEET RA THER THAN THE REQUIRED 10 FOOT SETBACK FOR AN EXISTING STRUCTURE AND PROPOSED THREE SEASON PORCH ON PROPERTY LOCATED IN THE PUD 4-83 AND SHORELAND OVERLAY DISTRICT IDENTIFIED AS 14294 ASPEN AVENUE. 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, April 27, 1998, at 6:30 p.m. or as soon thereafter as possible. APPLICANTS: James Nerison 14294 Aspen Avenue Prior Lake, MN 55372 SUBJECT SITE: 14294 Aspen Avenue, legally described as Lot 16, Block 4 Sand Pointe Second Addition. REQUEST: There is an existing singl~ family home on the property. The applicant is requesting a variance to impervious surface and side yard setback to allow the construction of a three season porch. The proposed impervious surface coverage is 35.2%. rather than the maximum allowed of 30% on lots within the Shoreland District. The proposed side yard setback is 9.9 feet rather than the minimum setback requirement of 10 feet. The Planning Commission will review the proposed construction and requested variances against the following criteria found in the Zoning Ordinance. L:\98FILES\98V AR\98-048\98-048PN.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 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: April 16, 1998 L:\98FILES\98V AR\98-048\98-048PN .DOC 2 AGENDA ITEM: SUBJECT: SITE: PRESENTER: REVIEWED BY: PUBLIC HEARING: DATE: INTRODUCTION: PLANNING REPORT 5C CONTINUED DISCUSSION TO CONSIDER A SIDEYARD SETBACK VARIANCE AND AN IMPERVIOUS SURFACE VARIANCE FOR JAMES NERISON, Case File #98-048 14294 ASPEN AVENUE JENNITOVAR,PLANNER JANE KANSIER, PLANNING COORDINATOR YES l NO MAY 11,1998 On April 27, 1998, the Planning Commission continued the discussion on this request until May 11, 1998, in order to allow the staff to gather additional information. On May 4, 1998, the applicant submitted a letter requesting the item be continued until the May 26, 1998, meeting due to scheduling conflicts on his part. ACTION REQUIRED: A motion and second to continue this item until May 26, 1998. L:\98FILES\98VAR\98-048\98048PC3.DOC Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER , May 4, 1998 James Nerison 14294i~spen LAve.'1ue Prior Lake, l\11'~ 55372 Attention Jane Kansier: Tl>is memo is in regards to the Plap~ning Commission LA~genda for Monday, May 11, 1998. At this particular City Council meeting case #98-043 is expected to be heard, pertaiping to a request for variance fryr impervious surface and side yard setback for my property at 14294 Aspen Avenue. I am requesting that this case be changed from its current date, Monday, May 11 1998, to Monday, May 26 1998, due to persoR-a1 schedule conflicts. I would appreciate your iWII'1ledh'lte attention to tris matter and thank you very much for your time. ~, James Nerison ~ Correspondence L:\TEMPLA TE\FILEINFO.DOC fiLE COpy June 17,1998 James Nerison 14294 Aspen Avenue Prior Lake, MN 55372 RE: Recording of Approved Variance Dear Mr. Nerison, The purpose of this letter is to advise you the resolution approving a variance to side yard setback on property located at 14294 Aspen Avenue must be recorded within 60 days of approval or the variance will be null and void per Section 5-6-6 of City Code. Enclosed are two certified copies of the original and a copy for yourself. One of the copies is to be recorded at the Scott County Recorders office by August 7, 1998. The other copy is to be stamped as recorded by the recorders office and returned to the Planning Department as proof of recording. A building permit for your proposed structure will not be issued until proof of recording is submitted. I have also included a copy of Resolution 98-12PC denying your impervious surface variance request. This is for your records only and does not need to be recorded. A building permit will not be issued until the impervious surface on your lot is under 30%. If you have any questions about this matter, please contact me at 447-4230. Sincerely, (Lw -li'/A jJfiA./ V:~fer ~~~r Planner L:\98FILES\98V AR\98-048\RECDL TR.DOC 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER f\l[ CO~l May 11, 1998 James Nerison 14294 Aspen Avenue Prior Lake, MN 55372 RE: Extension of Sixty Review Period for Variance Requests Dear Mr. Nerison: The purpose of this letter is to advise you the 60 day deadline for City of Prior Lake action on your variance requests has been extended an additional 60 days from June 2, 1998, to August 1, 1998. The reason for the additional 60 day extension is to due to you request to continue this item until the May 26, 1998, Planning Commission meeting. Our intention is to process this request in as timely a manner as possible. However, due to the recent continuation of this request, the process may take more time than usual. If you have any questions about this matter, please contact me at 447-4230. Sincerely, .- Q,~~ ~ansier Planning Coordinator 1:\98files\98var\98-048\60d~let.doC 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER fiLE COPl MEMORANDUM DATE: TO: FROM: RE: Cc: April 28, 1998 Sue McDermott, Assistant City Engineer Jenni Tover. Planner .j\< Easement Policy Verlyn Raaen, Engineering Tech. As a follow-uP to the Planning Commission meeting on Monday, April 27. 1998, we would like to present to the Planning Commission at its next meeting, the policy regarding use of drainage and utility easements. There seems to be some confusion about what is allowed and what is not (James Nerison). Please forward a written comment on easement policy to me as soon as possible (Thursday aftemoon or Friday by noon at latest). I have spoken with VerIyn about this morning. ~ opt :PkAnVl\Nj C01YWYLi~~\()Yl ! M~ <-//~ rl q~ City of Prior Lake Dear Sirs / Madam, In reference to the letter previously mailed concerning the proposed variances to the property located at 14294 Aspen Avenue NE Prior Lake MN. 55372. For the record, we would like to say that the proposed addition of the deck as indicated would not be of any hardship on our property (14300 Aspen Ave. NE). As a matter of fact, We have no problem what so ever as a result of the new additipn. The improvement to the property is welcome. If you have any questions please contact me at home 496-2714. ~ ichard & Susan Sheldon "'~." 14300 Aspen Ave. N.E. Prior Lake MN 55372 FILE COPl .- A1So LaQhd- h-0n '/I''ihs .AL'ruJ;~ .~. 0 April 14, 1998 James Nerison 14294 Aspen Avenue Prior Lake, MN 55372 RE: Variance Application Dear Mr. Nerison, The City is in receipt of your variance application for proposed porch. The following information needs to be submitted prior to continued review of your application: . Revised survey indicating exact setback of proposed porch. The existing house is setback 9.9 feet. If the proposed porch is to line up with the existing house, than a setback variance will be required. In order to remain on the Planning commission agenda of April 27, 1998, we must receive the necessary information by 4:30 p.m. on Thursday, April 16, 1998. If the information is received after that day, we will proceed to schedule your item on the next available Planning commission agenda. Please call me if you have any questions. Sincerely I CJi:::3 j~ Planner 16200 dg~'i<~;V~~tI\'I&~~~GVii 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ------..-.-.---.- -.- -- Miscellaneous L:\TEMPLA TE\FILEINFO.DOC -- - -- -- -- -- -- -- " Planning Case File No. 08 --0 ifr 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 . Variance Applicable Ordinance Section(s): o Other: Applicant(s): Address: Home Phone: j~.t~1 -~~ R:: '--t::ZL~-j{~S:'~'27- "K# Work Phone: Property Owner(s) [If different from Applicants]: Address: Home Phone: Type of Ownership: Work Phone: Fee _ Contract for Deed _ Purchase Agreement Legal Description of Property (Attach a copy if there is not enough space on this sheet): P,.. op l rL, .J D R..:1 5"20 S;-OI.JiI" J:/J ,Do,. #1 J. n2 fl.. J ~~ - () J 10 13 / () l L - DO t- To the best of my knowledge the information provided in this application and other material submitted is correct. In addition, I have read the nt sections of the Prior Lake Ordinance and procedural guidelines, and understand that appr Ions ill not be 0 d until deemed complete by the Planning Director or assignee. -:~ -]O-qg 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 lu-app2.doc Date - -- - - - ---- -- -- -- -- --- - -- -- - - CITY OF PRIOR LAKE 16200 EAGLE CREEK AVE SE PRIOR LAKE, MN 55372 (612) 447-4230, (612) 447-4245 RECEIPT # 32421 DATE: L:f/))fL ------ ~ dollars Received of $ }roOO (;f# ~ ceipt Clerk for the City OT 1"'r101 L..clke ~ BUILDING PERMIT # BUILDING PERMIT # 1,200.00 700.00 1,500.00 Building Permit Fee Plan Check Fee State Surcharge Park Support Fee SAC Plmb pmt pp# Mech pmt mc# Mech pmt mc# Swr/Wtr pmt sw# Pressure Reducer Water Meter Tree Preservation Deposit Swr/Wtr Connection Fee Water Tower Fee Builder's Deposit Other Total Building Permit Fee Plan Check Fee State Surcharge Plmb pmt pp# Mech pmt mc# (Heating only - $65.00) (Htg & Air - $100.00) (Fireplace - $40.00) (Air - $40.00) swr/Wtr pmt sw # Other Total ~1 919 10200132~ DATE Jf- J-'19 ~ $ IS()/~ 4214 DOLLARS m =~~ -- -- ------- -- -- - -- -- --- --- - - -- --- - - - - -- - --- - -- -- utB /(j-lK AFFIDAVIT OF SERVICE BY MAIL COUNTY OF SCOTT ) )ss STATE OF MINNESOTA) f the Cit)) r!l~or Lak Co Minnesota, being dul sworn, says on the ~ day 0 e attached lis of persons to have an interest in the . . by mailing to them a copy thereof, n losed in an envelope, postage prepaid, and be depositing same in the post office at or Lake, Minnesota, the last known address of the parties. of Scott, State of 199 she served Subscribed and sworn to be this day of ' 1998. NOTARY PUBLIC PAGB MAILAFFD.DOC NOTICE OF HEARING TO CONSIDER THE FOLLOWING VARIANCES: A 5.2 PERCENT VARIANCE TO PERMIT IMPERVIOUS SURFACE COVERAGE OF 35.2 PERCENT RATHER THAN THE MAXIMUM ALLOWED OF 30 PERCENT AND A 0.1 FOOT VARIANCE TO PERMIT A SIDE YARD SETBACK OF 9.9 FEET RATHER THAN THE REQUIRED 10 FOOT SETBACK FOR AN EXISTING STRUCTURE AND PROPOSED THREE SEASON PORCH ON PROPERTY LOCATED IN THE PUD 4-83 AND SHORELAND OVERLAY DISTRICT IDENTIFIED AS 14294 ASPEN AVENUE. 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, April 27, 1998, at 6:30 p.m. or as soon thereafter as possible. APPLICANTS: James Nerison 14294 Aspen Avenue Prior Lake, MN 55372 SUBJECT SITE: 14294 Aspen Avenue, legally described as Lot 16, Block 4 Sand Pointe Second Addition. REQUEST: There is an existing single family home on the property. The. applicant is requesting a variance to impervious surface and side yard setback to allow the construction of a three season porch. The proposed impervious surface coverage is 35.2%, rather than the maximum allowed of 30% on lots within the Shoreland District. The proposed side yard setback is 9.9 feet rather than the minimum setback requirement of 10 feet. The Planning Commission will review the proposed construction and requested variances against the following criteria found in the Zoning Ordinance. L:\98FILES\98V AR\98-048\98-048PN.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 - -- --------------------- --- -------- -- -- --- --- - 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: April 16, 1998 2 L:\98FILES\98V AR\98-048\98-048PN .DOC - - , ,. CITY OF PRIOR LAKE Impervious Surface Calculations (To be Submitted with Building Pennit Application) For All Properties Located in the Shoreland District (SD). The Maximum Impervious Surface Coverage Permitted in 30 Percent. Property Address 142.. ~ 4- Asp~ ftv-e... Lot Area B .,.33 Sq. Feet x 30"10 = .............. Vol "I . qO ************************************************************************ LENGTH WIDTH SQ. FEET x x x = HOUSE 4 ATfACHED GARAGE = = TOTAL PRINCIPLE STRUCTURE...................... IfA(08.~~ DETACHED BLDGS (Garage/Shed) x x TOTAL DETACHED BUILDINGS....................... DRIVEW A YrP A VED AREAS (ft)rivewa~paved or not) (SidewalkIParking Areas) 100'3.'2....9 = x X X = = TOT AL P A V"ED AREAS......................................... 1003.2..9 ~RCHESfDECKS X = s5.a<1 (Open Decks 'I." min. opening between X = boards. with a pervious surface below, 145 , L/4 are not considered to be impervious) X = TOT.U DECKS........................................................ 1..0\.15 = OTHER X X = TOT AL OT'I:IER............-....................................-.... Company ~.y~.~ l B~t MV1 ~ N m/A IY1 c... '- ' Date f { 311zJ9~ 3o~. IL J 4-53. 12- -J TOTAL IMPERVIOUS SURFACE UNDE~ Prepared By Phone # ~<to . 0509 - - ---- ---- - ---- -- - --- ~ CERf'/F/CAf'E OF Sf/RVEY FOR- JAUffS PffR/SOP LEGAL DESCRIPTION: LOT 16, BLOCK 4 SAND POINTE SECOND ADDITION SCOTT COUNlY, MINNESOTA /' ~ 0...."''> ~ ~., \. \ \ "~:' \ LEGEND 5 . . . . $.IrNI1ARY SEWER Sf .... STORM SEWER S 30 0 30 lilllllllll I GRAPHIC SCALE - FEET 60 I w .. . WAlERWrfN <> . . . . .... "",1WlT . ..' WAtER VALVE 0.... """""'-E e....CATCHllAS.. ~ .. .. f'OW[RJ'OI.E ~ ..' l_ POlE G . .. UNDERGROUND CAS MAIN I hereby certify that thlll IUfW)'. plan. or report wal prepared by me or und.r my d1rect lupeMtilon Gnd that I am Q duly 15cen..ct Lond SuTveyOr under the lawI of the .tat. of Minnesota, T . . . . UNOERGROUNO TELEPHONE E . . . . uNDVWROUHO ELECTRIC TV . . . . UNDERGROUND ~E T,V. ~ \he 11th day oIllar<lh A.D. 1998 ~:- ,f1( IlL- _ II. lion" lo\lMeOGIo Ucenoe No. 22440 r' _ AftIten .IE Wenk. Inc. OIl . . . . <MIIHL'll ullUT'i LIlES . . . . . .- IlON\IIIENT I1lUNO .., O....IlOH__NfSEI "'. . . . . E)QSTtHC SPOT ElEVAOON '\. . . . . now DlAECnoH SEC~ 25 r: //5 R. 22 ~ .~ ~ 'Y try " I \:j r( l, . 1'':: l~ l't~;:;:U~I:UI lt~:~~ '.~ \ m:.J 1.'i::J u c l:~ ~.__.l ..;:.;.:: a;:::n:: &! ::.:1 ..:;:.:.~ 1CS w---::' ;:. n ...: :::l~.::.J .'~ ~y~~&;,;;r_;.-~ ..,J a;:;::o.= .~ ~ w 11 IS .. _.......'IL ~ GDII- ~ L- ROAD 42 010 0,"'-0 . ~ : = I ! 10 II II IS .4 PRIOR LAKE ) .~ ~ ILM 010 WILLIAM J. SCHMOKEL COUNTY SURVEYOR SCOTT COUNTY I .......ISOTA ~n NN[ - ft.. - "".. OCT. OCT. 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')-1 J EXHIBIT A CE/?T/F/CATE OF S[//?YEY FOR- JAKES HER/SOH ~n"flrvi~ Sut- 35. d i 0 Iq1~ c<: LEGAL DESCRIPTION: LOT 16, BLOCK 4 SAND POINTE SECOND ADDITION SCOTT COUN1Y, MINNESOTA --- ./ --------- oj. 0e,'o'f;~ \ \ \ \---- ~~ l' "~' \ LEGEND ~ .. . $N<<'''1f'l' S{'W[R ST .... STORM S('W{1l: " . . . . WA1[RUAlN <> ... nP( HYORJ.Hf s . . . . "...nR ....,ttV[ 0... """""-. e CATCH AASIH ~.... f't/'l'I'tRf'Ol ~....UGHTO'Ol' 30 0 30 60 11111111111 I I GRAPHIC SCALE - FEET G . . 1..t<<RCRQUN() GA'5 UAIH T . . . . UHOERCJ!OUNO TEU~I( . . . UHO(J'l(:ROUNO (UCTRIC I henlby ewUfy thdt th. ~. pion, or report wo. pnporltd by me Of' unde' my dJ,-.ct ~ and tMt 10m., duty ne.med Land Surveyot' under u-.. Lo_. of tM .tote of Iollt'nnota. TV. .. UNO(RCROUI'lO CA8lE T.V. ou . . . . ~ V11UTT LN(S Si9ned the 11 th do, of ~rch .....0.. 1998 ~ 41r IlL- .. .. lP()N Y()tNU(HT rooNO '\ o....IftOHPIP(IotOtIVW(HT'5(l '''', . . . . EXISTING SPOT EUVATlOH '" . . . . now omtCTlOH Denrn. W. Hon,a M1~o UeenH No. 22440 rot' Bolton . ....nk. Inc. AIt~Uon' 10 thft drow;nq Ot". prohi~t.d .ithout Ihe e,pr." ...nit.,. permlnton 0' Bofton .k 1.4c!f'l". lne. Copyri?h' 1998. Bolion AI: U"*. Inc. ~ BOLTON &: t.lENK, INC. CONSUltlNO (}IGIH(I," " !,.AM) ~ "I'l.olI"I_U'~-'''U1' ("1)_ ono<)O"lCft",_oo._'!IU11"fM.._ ,~"".-.("",.f_."" .I()R N() TSg8.0036 FILE NO. 1386 NET T8036SB 1.. ____J ~.U.U"."H 14j[~O~~."~~,,,, II ----- -- , .~~ EXHIBIT B 'J - i Lj Civt/. U..,.ki".1 A Utv;wftttVnl.1 enrnwrrrnr lArtr/ SUI'''',''''' 0 1A1IrI1''-'''". 0 Suil TWill, I' NorthOfllc. . !571~OII ::~=~L~,:lSu2 II South, Office. 8110-61510 12350 R_ Rod.. BIYd, BurM_. MlnNlOlo 55337 CG2r/~/CATE of ;URVEY /O.e WINDSOR DE/lELOtJMENT CORP As or\~ incd~ 6 ,"\+ :C{l'l~r(/,[)Js Su # GL d. (P. L) 10 BiorinqG ~hown art ag~lJmtd. dmoti.) iron monuml.nf I Propo91.d e/~valiof')~ ghown b'l ofhq,rr . I --------- ' 1'1. 30 I /' 1<1&3 ? PROPOSED ELEVATIONS Top of Block Lowest Floor Garage Floor LOT /6 , BLOCK 4, SAND PO/NTG 2A1o AOOIT/ON, SCOTT COUNTY) MAI^,E~OTA # I h.rob, corti1, that thia lurv." ,i.. or ra,.rt wa. ,r.,ar.~ b, a. or ..~.r., iroct I.plrvr.ion and that ~, I.tI a ~.i, ".~~~hr.~ L..~ s~ru,.,. ..~.,. tho La.. If ~.Shh2" i. . Oatld thi. 1.1... ~ da, ar.,4Prt"'( ,II $3. b~ ~,' _ l: ~ _ , Gar, R.(~ ril, lo,iltl"ld l.n~ Sur..yor ~inn. a'l! . ... 10"3 ' Nnt Puhl"hfl'd" All AiMII n...,wd j pRIOR LAKE I I I I I I I )f I <E I :=-:::-=- - I I I I ~ ,~ ". .J __. _-__ J..UTL0T J CITY OF PRIOR 151~84 LA'<E I .{ :,-1 '\ \.;-.., I ,\...'-l. )~. . ~ e "0 ,,,' ~~ ,~# \";;:.~CO'