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HomeMy WebLinkAbout98-052 Variance - Denied RESOLUTION 98-14PC DENYING A 9.0 FOOT VARIANCE TO PERMIT A 41 FOOT SETBACK FROM THE ORDINARY HIGH WATER MARK OF PRIOR LAKE INSTEAD OF THE REQUIRED 50 FOOT SETBACK FOR PROPOSED DECK BE IT RESOLVED BY the Board of Adjustment ofthe City of Prior Lake, Minnesota; FINDINGS 1. Tom Vidmar has applied for a variance from Section 5-8-3 of the City Code on property located in the R-l (Urban Residential) and SD (Shoreland Overlay) Districts at the following location, to wit; 4307 Grainwood Circle, legally described as Lot 18, Grainwood Park, Scott County MN. 2. The Board of Adjustment has reviewed the application for a variance as contained in Case #98-052 and held a hearing thereon on May 26, 1998. 3. 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. 4. The granting of the setback variance is not necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant has an alternatives to construct a deck within the legal building envelope. The variance will serve merely as a convenience to the applicant. 5. The Board of Adjustment finds the applicant has created his own hardship through the design of the house built by the applicant in 1996. At that time, the applicant was aware of the required OHW setback (50.5 feet using setback averaging). The ordinance has not change to negatively affect the building envelope of the property since 1996. 6. The Board of Adjustment finds the spirit and intent of the ordinances cannot be met if the variance is granted. 16200 E~~I~fi~~~etr~~~~<g~~9~i~rce~~e, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (6{21ga47-4245 AN EQUAL OPPORTUNITY EMPLOYER 7. The Board of Adjustment has concluded reasonable use can be made of the property without the variance. 8. The contents of Planning Case 98-052 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 variance for 4307 Grainwood Circle, as shown in Exhibit A (survey and legal description); 1. A 9.0 foot variance to permit a 41 foot setback from the OHW of Prior Lake instead ofthe required 50 foot setback. Adopted by the Board of Adjustment on May 26, 1998. ~ ~ Anthony Stamson, Chair 1: \98fi1es\98var\98-052\re9814pc.doc Page 2 SIJ,>EY PREPARED FOR: TO M VIDMAR 14300 SALEM AVE. SO. SAVAGE, MN. 55376 Valley Surveying Co., P. A. SUITE /20-C, /6670 FRANKLIN TRAIL FRANKLIN TRAil OFFICE CONDOMINIUM PRIOR LAKE, MINNESOTA 55372 TElEPHONE (6/2) 447- 2570 EXHIBIT A PRIOR ~l. LAkE I 90:?:?0 0.... 3 ....95 ~ '.:'':,. $110"ElINE ..., ,.. ",,- \\ '-.....q ~\ ~\ I, ./ EXISTI HG HOUSE: \ \ \ ) ~O-- ~O .' .C.EI... 119.13 '18f" '. 000 G~~\~~ . ,:. PROPERTY DESCRIPTION: loot 18, GRAINWOOD PARK, Scott County, Minnesota. Also showing all visible imp~ovements and enc~oachments onto o~ off f~om said p~ope~ty if any. NOTES' Benchma~k Elevation 921.39 top of the ga~age slab on loot 17 on survey. 91;.0 Denotes existing g~ade elevation ( 920.6 ) Denotes p~oposed finished g~ade elevations ~ Denotes p~oposed di~ection of finished surface d~ainage ~ Set the proposed ga~age slab at elevation 920.78 Set. the top of block at elevation 921.11 The lowest floor elevation will be at 912.21 Net Lot Area above elevation 904.0 = 8,179 sq. ft. Net proposed impervious coverage = 30 % Rev. 4/30/98 To show location of house t Improvements I 8 proposed deck Rev. 6/12/96 lb chong" sl.. of driveway to W::tof~fie~O~13~~W~f of 300/. Rev. 6/6/96 To show proposed hse. a grade flevatlons olso exist cobin removed. Rev. 3/6/9& To show proposed house for variance request. Rev. 2/26/96 To show sq. fl. o I SCALE 30 60 I I herftby certify that 'hi, sorvey was prepor<<1 by me or under my direct supervision and thot 10m 0 duly licen"~?t:nd SlIrIeyor under 'he 10 . 0 he S,ot'l<:,innesot,t. ...--.,.......'?.../~.{::.-/ J:- "'..".~.,_ t;.oo""",..~...."... ..... . r _~...,4'.........,r-......Sl> Oo'e - <' l/cen.. No. 10183 IN FEET o O.no'n 1/2 Inch x 14 inch iron monumen' s., and marked by llc.n.e No. 10183 . Denotes iron monument found II Denotes P. K. Nai' set FIl.E No. 8216 800K~PAGE~ Vote taken signified ayes by all. MOTION CARRIED. B. Case #98-052 Tom Vidmar is requesting a 9 foot variance to permit a 41 foot setback from the ordinary high water mark of Prior Lake instead of the required 50 feet for the property located at 4307 Grainwood Circle. Planner Jenni Tovar presented the staffreport dated May 26, 1998, on file in the office of the City Planner. The applicant is requesting a 9 foot variance to permit a 41 foot setback from the OHW of Prior Lake rather than the required 50 foot minimum setback for proposed deck. Lot 18, Grainwood Park was platted in 1944. In 1996, the Vidmar's applied for the following variances: 1. A 5' front yard setback variance to permit a 20' setback instead ofthe required 25'; 2. A 5.57' side yard setback variance to permit a side yard setback of 4.43' instead ofthe required 50.5'; 3. A 5.5' variance from the lake shore setback permitted under Section 9.1(D)2 to permit a lakeshore setback of 45' instead of the required 50.5'. Staff had recommended denial ofthe request because there was an alternative to build a structure within the legal building envelope. The item was continued by the Planning Commission to a later date to allow stafftime to review the revised plan submitted by the applicant at the meeting. The Planning Commission never made a decision on the request because the applicant withdrew the application and met the required setbacks. The approved plans from the building permit indicate the patio doors to be on the west side of the house, behind the garage and on the north side facing the lake. The city noted on the plans that no deck could be built facing the lake. Therefore, the applicant only placed patio doors facing the lake. The applicants constructed this house with the full knowledge the closest they could construct their house, including a deck was 50.5 feet using setback averaging. The applicant is now requesting a variance to allow a proposed deck to be 41 feet from the OHW rather than the required 50 feet. Staffhas concluded the variance request to OHW setback does not meet the hardship criteria. The hardship, if any, was caused by the applicant and reasonable use ofthe property exists without the variance. Comments from the public: Tom Vidmar, 4307 Grainwood Circle, said he wanted to go back to 1996 with comments from the DNR stating "the deck is of modest size". Vidmar quoted comments from the 1:\98fi1es\98plcomm\pcmin\mn052698.doc 4 Commissioners agreeing to a suspended deck. He did not come back before the Commissioners because of constraints by the builders. He ran out of time and was waiting for the City to pass the substandard lot ordinance with the 5 foot side yard setback. Mr. Vidmar said the former planner told him to go ahead and plan a deck. He felt his hardship is that the lot is small, long and narrow. Mr. Vidmar said at the time of the variance the lake setback was 75 feet. He was under the assumption he could see the lake when he built on it. The side door was put on as a catwalk. Mr. Vidmar presented pictures of the neighborhood with lake setbacks much closer than he is asking. Referring to previous comments from the commissioners two years ago he feels he can have a deck. Craig Hinz, 3314 Grainwood Circle, explained if Vidmar's deck was built on the side it would hinder his property values. Also, his view of the lake would be blocked. The hearing was closed. Comments from the Commissioners: Criego: . Does not remember the exactly what took place at the hearing two years ago. But the important point is lake setback at the time was 75 feet. There was setback averaging with the two adjacent neighbors and came up with 50.5 feet. This Commission has always been stringent on moving towards the lake. There are a number of Commissioners who do not agree with the lake setback change to 50 feet. The intent is to protect the lake both aesthetically and from a water quality standpoint. . Understands there are other homes on the lake that severely impact both of those items. . Does not believe the hardship has been met. Applicant still has use of the property. . Would not have allowed a deck to be within that 75 foot setback two years ago. We would have made sure the deck was within the setback averaging. Cramer: . Does not believe the hardship criteria has been met. The Commissioners are split on the setbacks. To go any less than 50 feet does not make it a hardship, especially in this case. This house was constructed when the setback was 75 feet. . Cannot agree with this variance. V onhof: . Concurred. The variance hardships have not been met. . There are alternatives within the legal building envelope. Stamson: . Agreed. Tom Vidmar, 4307 Grainwood, said he understands the Commissioners do not want people encroaching any further. He feels he is not asking for an unusually large deck and does not feel he is encroaching on the neighbors. Obviously if there was a problem the I :\98fi1es\98plcomrn\pcmin\mn052698.doc 5 neighbors would be at the meeting. Mr. Vidmar said he tried to work with the City in building a small house. When the building official approved the doors on the second floor, the assumption was for a deck. Criego: . Going back to notes of March 25, 1996 - explained his comments regarding the front and lake setbacks. . Mr. Vidmar said he has a 3 car garage. MOTION BY CRAMER, SECOND BY VONHOF, TO APPROVE RESOLUTION 98- 14PC DENYING A 9 FOOT VARIANCE TO PERMIT A 41 FOOT SETBACK FROM THE ORDINARY HIGH WATER MARK OF PRIOR LAKE INSTEAD OF THE REQUIRED 50 FOOT SETBACK FOR A PROPOSED DECK. Vote taken signified ayes by all. MOTION CARRIED. Tovar explained the appeal process. C. Case #98-048 Consider Amendment to City Code and Zoning Ordinance relating to the engineering certification requirements for building permit applications on properties determined to have a bluff. Planning Coordinator Jane Kansier presented the Planning Report dated May 26, 1998 on file in the office of the Planning Director. In January, 1998, the City Council adopted Ordinance #98-01, which established the bluff setback requirements. The ordinance also established a requirement for engineering certification that any excavation, fill or placement of a structure on a property determined to have a bluff will not cause any slope to become unstable, and will not interfere with adequate drainage for the site or adjacent properties, will not obstruct, damage, or adversely affect existing sewer and drainage facilities, stormwater runoff, downstream properties, wetlands, or bodies of water, or will not result in erosion or sedimentation. This engineering certification is required before any building permit will be issued on a lot considered to have a bluff. On April 20, 1998, the City Council revisited this issue. The primary concerns related to the potential cost ofthe required engineering study, the willingness of engineers to certify the studies, the need for the studies for minor additions, decks or garages, and the ability of property owners to reasonably comply with the ordinance. After much discussion, as outlined in the minutes ofthe Council meeting, the Council determined the potential cost of the study is not unreasonable. The Council did decide the issues of the willingness of the engineers to certify the reports and the need for a study for minor additions, decks and garages should be referred back to the Planning Commission for further study. In discussing this issue with several engineers, it appears some are reluctant to certify the slope will not fail. This is basically due to the fact there are several factors over which 1:\98fi1es\98plcomm\pcmin\mn052698.doc 6 I if J/t 1'Yt/\"" PUBLIC HEARING Conducted by the Planning Commission * t1~-~7, ~\a; c;l1 '. q8'-1)5~ ~4~ !3. 4~-D% J 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}ciI will not hear additional testimony when it considers this matter. Thank you. ATTENDN~CE-PLEASEPRINT Is-r/Ye i~aJj& {~'37 PHl.1ST.DOC PAGE I AGENDA ITEM: SUBJECT: SITE: PRESENTER: REVIEWED BY: PUBLIC HEARING: DATE: INTRODUCTION: PLANNING REPORT 4B CONSIDER AN ORDINARY HIGH WATER (OHW) SETBACK VARIANCE FOR TOM VIDMAR, Case File #98-052 4307 GRAINWOOD CIRCLE JENNI TOVAR, PLANNERJ~ JANE KANSIER, PLANNING COORDINATOR YES .lL NO MAY 26,1998 The applicant is requesting a 9 foot variance to permit a 41 foot setback from the OHW of Prior Lake rather than the required 50 foot minimum setback for proposed deck. DISCUSSION: Lot 18, Grainwood Park was platted in 1944. In 1996, the Vidmar's applied for the following variances: 1. A 5' front yard setback variance to permit a 20' setback instead of the required 25'; 2. A 5.57' side yard setback variance to permit a side yard setback of 4.43' instead of the required 50.5'; 3. A 5.5' variance from the lakeshore setback permitted under Section 9.1 (0)2 to permit a lakeshore setback of 45' instead of the required 50.5'. Staff had recommended denial of the request because there was an alternative to build a structure within the legal building envelope. The item was continued by the Planning Commission to a later date to allow staff time to review the revised plan submitted by the applicant at the meeting. Attached are the minutes from March 25, 1996. The Planning Commission never made a decision on the request because the applicant withdrew the application and met the required setbacks. The approved plans from the building permit indicate the patio doors to be on the west side of the house, behind the garage and on the north side facing the lake. L:\98FILES\98VAR\98-052\98-052PC.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 city noted on the plans that no deck could be built facing the lake. Therefore, the applicant only placed patio doors facing west and used windows in place of patio doors facing the lake. The applicants constructed this house with the full knowledge that the closest they could construct their house, including a deck was 50.5 feet using setback averaging. The applicant is now requesting a variance to allow a proposed deck to be 41 feet from the OHW rather than the required 50 feet. Attached is a legal building envelope indicating an area on the west side of the house (where patio doors are located) where a deck could be built. 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 by the applicant for 2 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 placement of the patio door on the west side of the house allow for a deck and reasonable use of the property. 2. Such unnecessary hardship results because of circumstances unique to the property. There are no unique circumstances of the lot that warrant granting of the requested variance. The applicant was aware of the required 50.5 foot setback when they built the house. Considering there have been no significant changes to the Zoning Ordinance affecting the circumstances of the property and reasonable use, there is no 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 applicant constructed this house in 1996. At the time, it was clear that the required OHW setback was 50.5 feet. The applicant was aware of the requirement and constructed a house with patio doors on the west side of the house to accommodate a future deck. There is no hardship with respect to the ordinance, as the ordinance has not changed resulting in a negative impact on the property. The hardship is caused by the actions of the property owner in the design of the structure constructed two years ago. 4. The variance observes the spirit and intent of this Ordinance, produces substantial justice and is not contrary to the public interest. L:\98FI LES\98V AR\98-052\98-052PC.DOC Page 2 The applicant was aware of the setback requirement in 1996. Therefore, the granting of the variance does not observe the spirit and intent of the ordinance and is contrary to the public interest. RECOMMENDATION: Staff has concluded the variance request to OHW setback does not meet the hardship criteria. The hardship, if any, was caused by the applicant and reasonable use of the property exists without the variance. 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 #98-14PC denying the variance to OHW setback. L:\98FI LES\98V AR\98-052\98-052PC.DOC Page 3 RESOLUTION 98-14PC DENYING A 9.0 FOOT VARIANCE TO PERMIT A 41 FOOT SETBACK FROM THE ORDINARY HIGH WATER MARK OF PRIOR LAKE INSTEAD OF THE REQUIRED 50 FOOT SETBACK FOR PROPOSED DECK BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. Tom Vidmar has applied for a variance from Section 5-8-3 of the City Code on property located in the R-1 (Urban Residential) and SD (Shoreland Overlay) Districts at the following location, to wit; 4307 Grainwood Circle, legally described as Lot 18, Grainwood Park, Scott County MN. 2. The Board of Adjustment has reviewed the application for a variance as contained in Case #98-052 and held a hearing thereon on May 26, 1998. 3. 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. 4. The granting of the setback variance is not necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant has an alternatives to construct a deck within the legal building envelope. The variance will serve merely as a convenience to the applicant. 5. The Board of Adjustment finds the applicant has created his own hardship through the design of the house built by the applicant in 1996. At that time, the applicant was aware of the required OHW setback (50.5 feet using setback averaging). The ordinance has not change to negatively affect the building envelope of the property since 1996. 6. The Board of Adjustment finds the spirit and intent of the ordinances cannot be met if the variance is granted. I:\98files\98var\98-0.5Th'e9-B14pc.dos; Page 1 16200 Eagle Creek Ave. :::i.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 7. The Board of Adjustment has concluded reasonable use can be made of the property without the variance. 8. The contents of Planning Case 98-052 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 variance for 4307 Grainwood Circle, as shown in Exhibit A (survey and legal description); 1. A 9.0 foot variance to permit a 41 foot setback from the OHW of Prior Lake instead of the required 50 foot setback. Adopted by the Board of Adjustment on May 26, 1998. Anthony Stamson, Chair ATTEST: Donald R. Rye, Planning Director 1: \98fi1es\98var\98-052\re9814pc.doc Page 2 SIJP'-'E,y PREPARED FOR: TOM VIDMAR '4300 SALEM AVE. SO. SAVAGE, MN. 55378 Valley Surveying Co., P.A. SUITE 120-C, 16670 FRANKLIN TRAIL FRANKLIN TRAIL OFFICE CONDOMINIUM PRIOR LAKE, MINNESOTA 55372 TELEPHONE (612) 447-2570 EXHIBIT A /' , .', \ \ \ J ~o-- ~o. .' \c, \~ EXISTING HOUSE .C'.n. 91'.13 '18," '. OOQ G~l>-\~~ . ~ ,:', PROPERTY DESCRIPTION: Lot 18, GRAINWOOD PARK, Scott County, Minnesota. Also showing all visible improvements and encroachments onto or off from said property if any. NOTES' Benchmark Elevation 921.39 top of the garage slab on Lot 17 on survey. 91i'O Denotes existing grade elevation ( 920.6) Denotes proposed finished grade elevations ~ Denotes proposed direction of finished surface drainage ~ Set the proposed garage slab at elevation 920.78 Set. the top of block at elevation 921.11 The lowest floor elevation will be at 912.21 Net Lot Area above elevation 904.0 = 8,179 sq. ft. Net proposed impervious coverage = 30 % Rev. 4/30/98 To show locotlon of house. Improvements, 8: proposed deck Rev. 6/12/96 To change size of driveway to 1r~:'I,;,,rc~0~t3'1v~wge of 30 % Rev. 6/6/96 To ~w proposed hst. a grade e'evallons olso exls' cobin removed. Rev. 3/6/96 To show proposed house for variance request. Rev. 2/26/96 To show sq. fl. o I SCALE 30 60 I , hereby certify that this survey was prepared by me or under my direc' superviSion ond 'ho' 10m duly licens.:.~ nd s....01. or under 'he I 0 he stote1;.<~innesotPt ~;':4!.ct>~;'-;1. ;~~_ Da,. llc.n.. No. 10/83 IN FEET o Oenot.s 1/2 Inch x 14 Inch Iron monument s.t and marl<.d by lic.ns. No. /0183 . Denot.. iron monument found . Oeno'" P. K. N<1il se' FILE No. 8216 BOOK --1!L-PAGE ~ CITY OF PRIOR'LAKE Impervious Surface Calculations. . .' (To be Submitted with Building Penn It Application) . . . Fo'r All Properties' Located in theShoreland District (SD). the Maximum Impervious Surface Coverage Pel1l1itted in 30 Percent . . . . . Property Address..'L\'?b..,.G:rr~~~~S3~C~~~ ,. N~ ',~,' .,~~ . " , . .. . . Lot Area;e\,~' ~~e.. €c... C\~~Sq.Feet x 30%=.............. 1.)1 'S~. 1 *****.*.~.******************.*********.*****************.*************** HOUSE . LENGTH' 'O~ '~ }c .--t..~.3~ x x . WIDTH ~'?Z. 3\.~3 == . SQ. FEET .~. .......:t \'2.. no . . .,~,q == ATTACHED GARAGE' = . . . TOTAL PRINCIPLE STRUCTURE...........~..........., \'1'-l1, ','..' DETACHED BLDGS (Garage/Shed) x .x . . . . . . . . . . TOTALDET ACHED BUILDINGS....................... nRIVEW A YIp A VED AREAS. . (Driveway-paved or not) . '. . (Sidewalk/Parking Are<ls) . \ 0 X "t..e) " ="7 ~ . \ S . x . \'\.,p == "'Z..'-\ t) l. : S x Vi ' == \'-Z..~ ' 'S , TOTAL P IvEt ~AS:............;,:;~.......::.::........ ' lt1S. $. " . . '.~ . o' P A TIOSIPORCHES/DECKS (Open Decks W' min. opening between boards, with' a pervious surface below; are not considered to be Impervious) x = X == X == . . . . . TOTAL DEcks.... It.. ..t......., if... .,...... II.. ..~.. tIU ~.... ..... ... ' ',' ",' ..l.' - . , OTHER Y .,' ^ . . = x = (,. . . ," . . , T9T AL. OTHER~...,~.......,.. .,~".~... ....... ,~............,......... TOTALIM~ERVIOUS SURFACE I UNDE~C\ .... I Prepareii~y \V~~ e~. ... Date~-:20 -"I'D . Company ~ ~ \ ~IS~~"'N.\~~CA;I~. Phone#~ . , , .' " . '.' " . " "1..f.12"L?". "-l.1 . \'l.~ ., I SURVEY PREPARED FOR: TOM VIDMAR 14300 SALEM AVE. SO. SAVAGE I MN. 55378 LEGAL BUILDING ENVELOPE Valley Surveying Co., f? A. SUITE 120-C I 16670 FRANKLIN TRAIL FRANKLIN TRAIL OFFICE CONDOMINIUM PRIOR LAKE I MINNESOTA 55372 TELEPHONE (6/2) 447- 2570 PRIOR ~ El lAkE ~ ~. 10~:~~:0 . I' . \ \ . . SHORElINE II . "'0 \~ ",,- \\ "', : ElliS TI NO HOUSE .!.\ ~\ \ \ ./' ~CI \~ .C. n. 919.13 9ls,n · . 000 G~I>-\~~ . , c..~'1'.. "\~,~. ..1 ..~~ t: " (,\.- lr C\~ ~.' I.', PROPERTY DESCRIPTION: Lot 18, GRAINWOOD PARK, Scott County, Minnesqta. Also showing all visible improvements and encroachments onto or off from said property if any. NOTES' Benchmark Elevation 921.39 top of the garage slab on Lot 17 on survey. ~ 9li'0 Denotes existing grade elevation (920.6 ) Denotes proposed finished grade elevations ---~ Denotes proposed direction of finished surface drainage Set the proposed garage slab at elevation 920.78 r Set. the top of block at elevation 921.11 The lowest floor elevation will be at 912.21 Net Lot Area above elevation 904.0 = 8,179 sq. ft. Net proposed impervious coverage = 30% Rev. 4/30/96 To show locallon of house I improvements, 8 proposed deck Rev. 6/12/96 To chonge size of driveway 10 1S~~'~fi:~~0~d1vm?e or 30 % Rev. 6/6/96 To ~ow proposed h st. a grade elevallons also exlsl cabln removed. SURVEY PREPARED FOR: TOM VIDMAR 14300 SALEM AVE. SO SAVAGE. MN 55378 Valley Surveying CO.. P. A. .$!IITE 120-C. 16670 FRANKLIN TRAIL FI.ANKLlN TRAIL OFFICE CONDOMINIUM PRIOR LAKE. MINNESOTA 55372 TELEPHONE (612) 447-2570 .j SUfVl) ffl)(.r\ 6()rl Jclinj rVff7if. ~ '-.. PRIOR ~ El LAkE '0 902'20 ..... / 3 /95 \'~_.. \ \ ~HORE'l'IYE " \\- 'b \.. '9 \ ': " EXISTING HOUSE ....~. -::;;ry :0 '" .C.EL. ~.........- 9"U3 , 91~'" . 0'0 ~O G~tA\~ PROPERTY DESCRIPTION: Lot 18, GRAINWOOD PARK, Scott County, Minnesota. Also showing all visible improvements and encroachments onto or off from said property if any. NOTES' Benchmark Elevation 921.39 top of the garage slab on Lot 17 on sucvey. 91;.0 Denotes existing grade elevation (~?~~Denotes proposed finished grade elevations ~ ~ Denotes proposed direction of finished surface drainage Set the proposed garage slab at elevation 920.78 Set the top of block at elevation 921.11 The lowest floor elevation will be at 912.21 Net Lot Area above elevation 904.0 = 8,179 sq. ft. Net proposed impecvious coverage = 30% Rev. 6/12/96 lb Ghallll' .Iu at drt_ylo 1.l'~101='''fI~"W9e at 30 % Rev. 6/6 196 i'O'ihow propoHd ..... . GroeN el~vatlonl oliO eJCi.t cabin removed. RIV.3/6/96 To IIlOW propond _ for variance request. Rev. 2/26/96 To show sq. ft. o I SCALE 30 60 I IN FEET o Denotes 1/2 inch J( 14 inch ,ron monument Sit and marked by LIcense No 10183 . Denotes iron monument found (Ii Denotes P K Nail set FILE No. 8216 800K~"A6E~ !-.1' ~ . . tjJ . .~ '?:J2'.O" ~ ~, .' 1'~ 5'.q" ~.....; 6OE>'f> F1nILY~M 7 , 15 call for Fireplace ROUgh-in Inspection and Finallnspec\ioll. LIVING ~M \I t ,'Ii .U LUsting" required & shall be Installed pe~ manufacturers specs. ~ _ _tA.K't:T VI ",y'C- ~..: <.l> '.: -' . o' . ..:... ... ...... ..~.. t'I" .",:,> ' V ..: ~,F1 '\ t:OT ..\J~S: ~. :L: ..i ooi ~~ ~ 'E. \.5'.,," DII'IETIE \~1 ~ 101 ;. _ _~,Q((rE"" i T1l-t - - - .~. Ul'lIZ~S NO'l' HE.AOEIl.S ,.o.t%l\..L : \1)'2~\O l'J" OH. If..~ ~ ~ oJ ..t) o t'l ~ :;~ : ~ HUI ~ S:;;t:1i~~;:: ~~ .~i 11'--/ <Ca: Will ..,!~ ..J <lII[;:)"2'r::1- a:~ UJf3~'6~<( O ~:j:f~~ ~fj .!t:(J) ii:t:' 111M If~ Q. :e ~ a: .- '<510; l- ll: ~8a:"i5:r::w LLW '-~III 8l::~(/) ~r 11~1111 L, u- I I:: 11'1:, I ~._._- ---,,", ":,1.,' I r----- I: , -______---...-J. , ----..---..---.. . -~- , " " ,_'oJ;;' : , II " @.'-lIlllifj----,' "~'{4: " ~!1-~];I" i", E::J' ,._,c I l ' ~ ",' ,"'cC',"., : I, - -. ---'; . " , ] ! ~ ! i; , I ! ' " : ; /I, ;1', ' :i Cft:3 [::1 I' , 1:1 J: , " i', i';' ai; lL~ 11,1:,1,1111,1' ,i, ,;:! Ie-=:] i 1 , ' E:l !, t'-'==~j l_, ~-~_,~',.-, ~," L ,_.'_.~~ L~ I:_~=- I-=-~~~ I, [~=: [=.J I'i 7- o r <z. ai? .-1:'- W .. t UJ -l iil, ~ll~ ~ 1!~1 ~gh - ~l! ti 7.. o ~. q;' :::>b IjJ I J :.. Gi /' ci~ GJ Ct' >~ 'r '. ,~. -!!: Kuykendall: This is an improvement and compliment applicant on existing structure. Supportive. MOTION BY LOFTUS, SECOND BY CRIEGO TO APPROVE RESOLUTION 96- 07PC. V ote taken signified ayes by Loftus, Criego, Wuellner and Kuykendall. MOTION PASSED. A recess was called at 8:26 p.m. The meeting reconvened at 8:32 p.m. .~ 4.D 96-023 - REQUEST FOR VARIANCES BY THOMAS AND CHERYL VIDMAR, FOR PROPERTY AT 4307 GRAINWOOD CIRCLE. The Planning Department received a variance application from Thomas and Cheryl Vidmar, who proposed to remove an existing cabin and construct a new house on the subject site. Construction of the house would result in the following variances and setbacks; 1. A 5' front yard setback variance to permit a 20' setback instead of the required 25'; 2. A 5.57' side yard setback variance to permit a side yard setback of 4.43' instead of the required 50.5'; 3. A 5.5' variance from the lake shore setback permitted under Section 9.1(D)2 to permit a lakeshore setback of 45' instead of the required 50.5'. Michael Leek presented the Staff Report dated March 25, 1996 with a recommendation of denial based on the lack of hardship and the fact the applicants have legal alternatives which would allow reasonable use of the property. Thomas Vidmar, 14300 Salem Avenue South, Savage, stated they are proposing a change in plans. The home was designed in what he considers "in the spirit" of the . neighborhood. He feels the deck size is not oversized for the home. It is three feet in front of his neighbor's home. Mr. Vidmar also feels his home design is comfortable for a growing family. Mr. Vidmar said they would like to shrink the garage down to a 10 foot third stall which would bring it up to a six and one half foot side yard setback. There is 24 feet from the garage door to the street. He does not think they overstepped their bounds for what they want to do and are open to suggestions. Comments from Commissioners: Wuellner: MN032596.DOC PAGES . Distance from garage to street. Leek explained the measurement is from the property to the right-of-way line. It is 20 feet from the right-of-way line. In this case the right- of-way is narrow compared to what would be done today. . Appreciate the property owner is willing to deal with the width of the third stall. The Commission has granted 5 foot side yard variances in the past. Mr. Vidmar presented a new plan to the Planning Commission. The staffhad not seen the plan before and could not verify the dimensions. Criego: . The neighbor's setback is around 20 feet. . The front yard setback is okay from the garage to the street; would rather give that up than the lakeshore variance because it is consistent with the neighbor's variances. . Concern lies in the side yard. There is plenty of room to bring back to 10 feet. . A three car garage is nice but not necessary. . Supportive of the lake shore and road side variances. Loftus: . Agree with comments by Commissioner Criego. . Neighboring Lot 17 had a smaller building envelop. . A three car garage is not a hardship. . Stay within the ordinance guidelines. . Supportive of the street variance and a small deviation to the deck. Kuykendall: . Applicant proposing a three level home with a total floor area of approximately 3,400 sq. feet. . Neighbors (Lot 17) proposed a three car garage and ended up with a two and one-half car garage. . There was no hardship on the side yard variance. . Difficulty finding a hardship on the 20 foot street side. . . Mr. Vidmar said their plan has been considerably down sized to get an impervious surface coverage of 30%. Criego: . The applicant has tried to reduce the impervious surface by building three levels. Kuykendall: . The neighborhood is unique and is the only hardship. . Leek said there had been one or two constructions in the area that were less than 20 feet. Probably around 18 feet. . Support front yard setback. . No lakeshore setback - only for a suspended deck. MN032596.DOC PAGE 9 Loftus: Suggestion to the applicant to get a new design and review with staff. Leek said staff s recommendation would be the same with a two car garage. Wuellner: Applicant has to work within the building envelop. A two and one-half garage is reasonable and it is not a hardship to want a three car garage. MOTION BY LOFTUS, SECOND BY WUELLNER TO CONTINUE THE REQUEST TO APRIL 22, 1996. Vote taken signified ayes by Loftus, Wuellner, Criego and Kuykendall. MOTION PASSED. Commissioner Criego requested staff to look into a comment made regarding the neighbor who did not follow the setback requirement. Leek said he would check into the matter and report back. 4.E 96-017 - VARIANCE REQUEST BY GENE AND COLEEN TREMAINE FOR PROPERTY AT 16500 INGUADONA BEACH CIRCLE. The Planning Department received a variance application from Gene and Coleen Tremaine, who propose to construct a new house on the subject site. Construction of the house would result in the following variances and setbacks; 1. A 2,302 square foot variance to permit a lot area of 5, 198 square feet instead of the required 7,500 square feet; 2. A 2 foot lake shore setback variance to permit a lake shore setback of 48 feet instead of the 50 feet permitted under Section 9.3(D)2; 3. A 7% variance to permit impervious surface coverage of 37% instead of the permitted 30% 4. A 14 foot variance to permit a front yard setback of 11 feet instead of the required 25 feet; and 5. A 2 foot variance on the West to permit a side yard setback of 8 feet instead of the required 10 feet. Michael Leek presented the Staff Report dated March 25, 1996 with a recommendation to approve the requested variances. Staff concluded the hardship criteria were met with respect to the lot area, impervious surface coverage, and perhaps front yard setback, but not with respect to the requested lakeshore and side yard setback variances. Staff recommended the request be tabled to allow applicant to consider alternative designs. Pat Lynch of the DNR faxed a minor modification of the deck which was consistent with staff's recommendation. MN032596.DOC PAGEl 0 AGENDA ITEM: SUBJECT: 4D CONSIDER FRONT, SIDE AND LAKE SHORE SETBACK VARIANCES FOR THOMAS AND CHERYL VIDMAR 4307 GRAINWOOD CIRCLE R. MICHAEL LEEK, CITY PLANNER DONALD R. RYE, PLANNING DIRECTOR YES .x.. NO MARCH 25, 1996 SITE: PRESENTER: REVIEWED BY: PUBLIC HEARING: DATE: INTRODUCTION: The Planning Department received a variance application from Thomas and Cheryl Vidmar, who proposed to remove an existing cabin and construct a new house on the subject site. Construction of the house would result in the following variances and .setbacks; 1. A 5' front yard setback variance to permit a 20' setback instead of the required 25'; 2. A 5.57' side yard setback variance to permit a side yard setback of 4.43' instead of the required 50.5'; 3. A 5.5' variance from the lake shore setback permitted under Section 9.1 (D)2 to permit a lakeshore setback of 45' instead of the required 50.5'. DISCUSSION: The subject site was platted as a part of GRAIN WOOD PARK in 1944, prior to its being annexed into the City of Prior Lake. Like many properties in this area the subject site was developed with a seasonal cabin. The applicants propose to remove the cabin and construct a new, single-family house with attached 3-car garage. Section 9.3(D)2 permits new structures on undeveloped lots to have a lakeshore setback equal to the average setback of the existing structures on the adjacent properties or a setback of 50', whichever is greatest. In those cases where an existing structure is first being removed, the City has in the past deemed the site undeveloped, and applied setback averaging. The average of the adjacent setbacks in this case would apply, and would be 50.5'. The proposed house would be setback 55', but the proposed deck would require a setback variance of 5.5' 16200 ~?lle'~9X~18.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Section 9.12(B)1(a)10 permits a substandard lot of record to have one 5' side yard setback in certain circumstances. This provision does not apply in the present case because the applicants' proposed house would encroach in other required setbacks. The proposed side yard setback on the West is less than 5' . 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 proposed house would have 3 levels. The fIrst level as indicated on the attached survey would have a floor area of about 1,184 square feet. The size of the proposed house could be reduced by 5.5' in order to comply with the lakeshore setback average. This would result in the loss of 176 square feet of area for a net area on the fIrst floor of 1,008 square feet. The applicant could also consider locating a deck on the West side of the proposed house. Similarly, the side yard setback requirement could be complied with by reducing the size of the garage and/or shifting it somewhat to the East. This is an approach the Commission has taken in the past. (See e.g. V A95-25, Ron and Kim Anderson) It appears to staff that even if these steps were taken, a small front yard setback variance might be required to accommodate both the garage and house. Because there appear to be a number of design alternatives available to the applicants, staff has concluded that reasonable use of the property can be made while still complying with lake shore and side yard setback requirements. Thus, staff has concluded that this criterion is not met. 2. Such unnecessary hardship results because of circumstances unique to the property. Because staff has concluded that there is no undue or unnecessary hardship this criterion is, de facto, not met. 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. Any hardship results not from the application of the provisions of the Ordinance, but from design decisions made by the applicants. Thus, this criterion is not met. 4. The variance observes the spirit and intent of this Ordinance, produces substantial justice and is not contrary to the public interest. 9623V APC.DOC/RML 2 The proposed house would result in a structure not inconsistent with other houses in the area. Thus, it does not appear that the requested variances would be contrary to the public interest. ALTERNATIVES: 1. Approve the variances requested by the applicants, or approve any variances the Planning Commission deems appropriate in the circumstances. 2. Table or continue discussion of the item for specific purpose. 3. Deny the application because the Planning Commission finds a lack of demonstrated hardship under the zoning code criteria. RECOMMENDATION: Because staff has concluded that the applicants have legal alternatives which would allow reasonable use of the property, and thus that the Ordinance criteria are not met, staff recommends Alternative No.3. ACTION REQUIRED: A motion adopting Resolution 9609PC. 9623V APC.DOC/RML 3 ) ~ ('f") N o I \C Q'\ w~ ~~i ~i; ~I ~U I 5 ~ . 'GJ I : I : LJ ~ j ~-- " " i 1 i1! I ~ ~ i! 1 1__,___ ~_L __II', ~j ! i ., ~ Iii __II; , .,o------r ~~ C) 0 ' i ~" , :, ~: '! !' 'I. ~, .,. " 'j .,. , ~ '.'P-_m_, ~\ ~') , . ~ ; I 96-023VA SURVEY PREPARED FOR. TOM VIDMAR 14300 SALEM AVE SO. SAVAGE, MN. 55378 Valley Surveying Co., P. A. SUITE 120-C I 16670 FRANKLIN TRAIL FRANKLIN TRAIL OFFICE CONDOMINIUM PRIOR LAKE, MINNESOTA 55372 TELEPHONE (6/-2) 447 - 2570 O!CW \ \ \ ) _ 00 '// ~ll!I~ ',CI , - EXISilNG HOUSE TO ~~~ 000 G~p.\~~ _r\'~ C\'C".... ~ PROPERTY DESCRIPTION: Lot 18, ~AINWOOD PARK, Scott County, Minnesota. Also showing all visible imp~ovements and enc~oachments onto O~ olf f~om said p~ope~ty if any. NET AREA ABOVE ELEV 9040' 8,179 SO. FT. PROPOSED HOUSE, GARAGE So DRIVE/IMPERVIOUS SURFACE 2,453 SQ. FT. '30 % COVERAGE ~ R.-v.3/6/96 To JI'low "ropos.d hous4' for vorionc. r~quu' Rn-. 2/26/96 To ,now 5Q. (t o I SCALE 30 60 I IN FEET o DenOf'f'S 1/2 inch t I. inch iron motfument ,., and martf.d by lie.on No lo,a 3 . Denotes Iron monumMt (ound ~ Oenot~5 P K No" J~' FILE No. 8216 8001< ~PAGE~_ r fILE COpy April 14, 1998 Tom Vidmar 4307 Grainwood Circle NE Prior Lake, MN 55372 RE: Variance Application Dear Mr. Vidmar, The City is in receipt of your variance application for proposed deck. The following information needs to be submitted prior to continued review of your application: · Complete revised survey indicating exact location of house as constructed and exact dimension of deck and proposed setback from the ordinary high water (OHW) of 904.0 el. of Prior Lake. As part of the survey we will need existing and proposed impervious surface. If we receive the information by 4;30 p.m. on Thursday, April 16, 1998 we can process your application for public hearing on April 27, 1998. If we receive it after that day, then we will proceed to schedule your item on the next available Planning Commission agenda. Please call me if you have any questions. Sincerely, ce~r jVL~ Planner 16200 E1g'~~JMIS~~,8~~~}vmiffi~~ 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER SURVEY PREPARED FOR: TOM VIDMAR 14300 SALEM AVE. SO. SAVAGE. MN. 55378 Valley Surveying Co.. P.A. SUITE 120-C, 16670 FRANKLIN TRAIL FRANKLIN TRAIL OFFICE CONDOMINIUM PRIOR LAKE, MINNESOTA 55372 TELEPHONE (612) 447-2570 PRIOR ~ Cl LAKE . 90 /0 2.20 ~ ~ "3"95 \\ ~ SHORe" ~ \ ~ ...IIYE " \t. -Do" \~ " Il EXISTING HOUSE ~ .--'- 1ilI:io,: ..... /~tL.-'" ,...// 919.1' .-" 918f. · 00 ~O G~f>.\~ PROPERTY DESCRIPTION: Lot 18, GRAINWOOD PIIRK, Scott County, Minnesota. IIlso showing all visible impeovements and enceoachments onto oe off feom said peopeety if any. NarES' Benchmaek Elevation 921.39 top of the gacage slab on Lot 17 on sucvey. 919.0 Denotes existing geade elevation " CJl20.D Denotes peoposed finished geade elevations ~ ~ Denotes peoposed dicection of finished ~cface dcainage Set the pcoposed gacage slab at elevation 920.78 Set the top of block at elevation 921.11 The lowest flooc elevation will be at 912.21 Net Lot I\cea above elevation 904.0 = 8,179 sq. ft. Net pcoposed impecvious covecage = 30"1. R.v. 6/12/96 1b chang. slz. of drl-r 10 m,'1'1o '="\'I~' of 30 % R.v. 6/6/96 i'O'7hOw propaHd ..... . 9ra. el~Yatlon. also e.ill t::c*fn remewed. Rov. 3/6/96 To MOW proposed _ for voriance requH'. Rev. 2126/96 To show sq. fl. o I SCALE 30 60 I IN FEET o Dettotes 1/2 inch x '4 inch iron monument set and mortl:ed by License No 10183 . Denotes iron monument found ell Denotes P f(. Nail set FIlE No. 8216 BOOK~PAGE~ ~ Planning Case File No. Property Identification No. City of Prior Lake LAND USE APPLICATION 98 ~ &02- 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 zoning) sheets/narrative if desired) to (proposed zoning) o Amendment to City Code, Compo Plan or City Ordinance o Subdivision of Land o Administrative Subdivision o Conditional Use Permit rsa Variance J~JJJ,()~ 0+ Q , C)' cl.t:{ ~ b,\ }.O"' lJJ \ cl..... L <.J. c1.<. ('k ~<.. ~ Applicable Ordinance Section(s): o Other: Applicant(s): ~;'""~~:: Address: 1-\ ~C> ~ l"'C'~ Home Phone: t..\l...\('\. 1-~'\~ C\~(.\-t \), t Work Phone: t\(,l\- o~~ 3 Property Owner(s) [If different from Applicants]: Address: Home Phone: Work Phone: Type of Ownership: Fee _ Contract for Deed _ Purchase Agreement -----" To the best of my knowledge the information provided in this application and other material submitted is correct. In addition, I have read the relevant sections of the Prior Lake Ordinance and procedural guidelines, and understand that applications will not be pr essed until deemed complete by the Planning Director or assignee. ._~' - ~ ~0/?Y Applicant's ignatnre 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 ....-::..-..~--....i",,_.....c!~.....__,.'V-_ "",~"~~_~,""""-~1llA.,,,,olk_- u~","~^,~__--.......--,~-,,~ ~ ,....~,;;~_..~~_... the sum of for the purpose of CITY OF PRIOR LAKE RECEIPT # 32426 J /__ c:j _L2/Y '-I- / ~~ DATE: dollars ) I ! 11[-1/10 /v'[" ce.. ",,'" I, '--4/1,,/ - __ i I .1 ~ _~ ,'" // /- / f.j,/1 " . .:.. :. ---.~ / .',,-~ $ / ')() pi) / I /j // t/:)J/l /~_! / .. ,./ ~~..., >;'-' 'j i I '.' '-, v v-,~/" { i/Vjr-"';~ \C, - ' Receipt Clerk for the City of Prior Lake 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# SwrlWtr Pmt sw# Pressure Reducer Water Meter Tree Preservation Deposit SwrlWtr 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) SwrlWtr Pmt sw # Other Total -~:, 'IHOMAS S. OR C !I@A 1[1 'fir "Ii . 4307 GRAlNWOOD CIRCLE . PRIOR I..AB:E, MN 55372 ~";", pay to thet :re" orCler q/.~ , a ~.f 5067 17-1/910 .lOt: At' I:.€) 1 L___~l~.ii - ~ 11Io ~~.....~..!. SQliI?~ iJ@H \ i I \ HI CITY OF PRIOR LAKE. Illlpervious Sutface Calculations . ., (To be Submitted with Building Penn It Application) . . . F6r All Properties' Locate'd in the Shoreland District (SD). _the Maximum Impervious Surface Coverage Per.mitted in 30 Percent . Property Address.... L\~ b"1' G:.l"~~ "'~~~C\~~ . N~: . Lot Area ,eo, -, ~ .' a..~\).i €L. C\CJot~Sq.Feei x 30% == .............. '1...41?'? 1 .****~**~*.***********'*****.***************************.*************** ATTACHEr> GARAGE' . LENGTH' . WIDTH .,,?~.,.iC : ?"2- --z.~.':3'3 x3\ .~3 x = . SQ. FEET .............:(, \'2. no . '"1:30 .~ HOUSE = = . TOTAL PRINCIPLE STRUCTURE...........~........... \~4t..',:' DETACHED BLDGS (Garage/Shed) x .x . . . TOTALDET ACHED BUILDINGS.".~..........."..... DRIVEWAYfPAVED AREAS' (Drivew,ay-paved ornot) . . (Sldewalk/Parking Are<ls) . \OX ~e) '. =7~ . \ S . x \ \..c> = 2"-\ t:) l.:S x\~= \"'2..'3.5 TOTAL p IvEt ;ilitAS.............;,~~,.......~.~......... lojS. $.. . . .~- . . P A TIOSfPORCHES/DECKS (Open Decks W' ml.n. opening between boards, with' a pervious surface below; are not considered to be Impervious) .: x == X = .~ = ',' .,' .' TOTAL D leeks.......-. .............................~..n.~............ . . " - '<', ' .' .. OTHER ';',;.:,' X.... = x ~ t,. . . " . TOTAL' OTHER~.";,...,.......~,..,..........,,..............1t.,..... . . . . . " ' '.. .' TOTAL IMPERVIOUS SURFACE ,I '1..u,'Z:Z.qJ' UNDE~C\ ..... .... . . . . I \l.-e..j I . Prepared By \V~~, ~\A~.J . .... ...... ..... . . . ,. Date3-?o :"'1 CO '. .' . ... CnmpanY~~11~S"~~~~~~CO.I?A.Phone#~ AFFIDAVIT OF SERVICE BY MAIL COUNTY OF SCOTT ) )ss STATE OF MINNESOTA) 6 . -. of the City of Prior Lake, County of Scott, Stale of Minnesota, being duly om, says on the ~ day Of~ 1998, she served the attached list of persons to hav~ an interest in the ~ u..AL- \j d\e.-tt:v'Vt1 J ../ # qB'" DS z.- , by mailing to them a copy thereof, enclosed in an envelope, postage prepaid, and be depositing same in the post office at Prior Lake, Minnesota, the last known address of the parties. Subscribed and sworn to be this day of , 1998. NOTARY PUBLIC MAILAFFD.DOC PAGS NOTICE OF HEARING TO CONSIDER THE FOLLOWING VARIANCES: A 9 FOOT VARIANCE TO PERMIT A 41 FOOT SETBACK FROM THE ORDINARY HIGH WA TER MARK OF PRIOR LAKE (904 EL.) INSTEAD OF THE REQUIRED 50 FEET FOR THE CONSTRUCTION OF DECK ON PROPERTY LOCATED IN THE R-1 (URBAN RESIDENTIAL) AND SD (SHORELAND) DISTRICTS IDENTIFIED AS 4307 GRAINWOOD CIRCLE. 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: Tuesday, May 26, 1998, at 6:30 p.m. or as soon thereafter as possible. APPLICANTS: Tom Vidmar 4307 Grainwood Circle Prior Lake, MN 55372 PROPERTY OWNERS: SAME SUBJECT SITE: 4307 Grainwood Circle legally described as Lot 18, Grainwood Park, Scott County, MN. REQUEST: The applicant is intending to construct a 10 foot by 20 foot deck to an existing single family residence. The proposed setback from the Ordinary High Water mark is 41 feet, rather than the required 50 feet. The Planning Commission will review the proposed construction and requested variance against the following criteria found in the Zoning Ordinance. 1. Literal enforcement of the Ordinance would result in undue hardship with respect to the property. 2. Such unnecessary hardship results because of circumstances unique to the property. _L:\9SEILES\9SV Affi9S-052\9S-052I?N.DOC 1 16200 Eagre CreeK Ave.S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 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: May 13, 1998 L:\98FI LES\98V AR\98-052\98-052PN .DOC 2 SURVEY PREPARED FOR: TOM VIDMAR 14300 SALEM AVE. SO. SAVAGE, MN. 55378 Valley Surveying Co., P.A. SUITE 120-C, 16670 FRANKLIN TRAIL FRANKLIN TRAIL OFFICE CONDOMINIUM PRIOR LAKE, MINNESOTII 55372 TELEPHONE (612) 447-2570 PRIOR ~l LAkE 90;? ;?o 10" 3 "95 ~ \\~ S"o""lllV" 'b \. "~\i I' . I, t, I, ./ EXISTING HOUSE \ \ \ ) ^oo~ ~..~~ .(.El. 919.13 918," . 000 G~~\~~ . ',. PROPERTY DESCRIPTION: Lot 18, GRAINW<X>D PARK, Scott County, Minnesota. Also showing all visible improvements and encroachments onto or off from said property if any. NOTES' Benchmark Elevation 921.39 top of the garage slab on Lot 17 on survey. ~ 91;.0 Denotes existing grade elevation (920.6) Denotes proposed finished grade elevations ~ Denotes proposed direction of finished surface drainage Set the proposed garage slab at elevation 920.78 Set the top of block at elevation 921.11 The lowest floor elevation will be at 912.21 Net Lot Area above elevation 904.0 = 8,179 sq. ft. Net proposed impervious coverage = 30 % IN FEET 60 I Rev. 4/30/96 To show IDeation of house, improvements, 8 proposed deck Rev. 6/12/96 To chonge size of driveway to 1r~t,I~Fce,;,~0'gh~v~W9o of 30 % Rov.6/6/96 To ~owproPosod h... a 9rado elevations 0110 exist cabin rtmoved. Rev. 3/6/96 To show proposod house for variance request. Rev. 2/26/96 To show sq. ft. I hereby certify thot thi. 5Ufvey was prepared by me or under my direct sl1pervi,ion and that I am 0 duly licensed };f.nd S.....eyor under fhe J9rfi 0 he Stat~1/:~n..ot a..,.~~6"I.:..:1.k.or.~~""",",. Oate llcen.. No. 10/83 o I SCALE 30 o Denofes 1/2 Inch . 14 Inch Iron monument u, and martced by license No '0183 . Denotes Iron monument found ~ D,note. P K. Noll s., FILE No. 8216 800K~PAGE~ Mr.John R. Casanova 4295 Grainwood Circle NE Prior Lake, MN 55372 Ms. Shirley Thielen 15609 Calmut Avenue NE Prior Lake, MN 55372 Mr. & Mrs. Ronald Anderson 4301 Grainwood Circle NE Prior Lake, MN 55372 Tom Vidmar 4307 Grainwood Circle Prior Lake MN 55372 Mr. & Mrs. Craig Hinz 4313 Grainwood Circle Prior Lake, MN 55372 MN Dept. of Natural Resources Attn: Pat Lynch Division of Waters 1200 Warner Road St. Paul, MN 55106 Mr. Joey Frechette 4280 Grainwood Circle NE Prior Lake, MN 55372 Mr. Mark Roepke 4300 Grainwood Circle Prior Lake, MN 55372 Ms. Barbara Cioci 4290 Grainwood Circle NE Prior Lake, MN 55372 Mr. & Mrs. Michael Theisen 4310 Grainwood Circle Prior Lake, MN 55372 J 1\ S//2 '. J SEC.35 TLi 5' " 00 L/ ' I ~~,03 I ... ~{~ rp'~ ~.. ~ ~~ ~ I 1. , .1 ~;O. .- O' '." . 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CD 03 o o o 5: 0- 'i CD Ul Ul o ...,. Ul rt Z >-3 SlJ '- 3 n CD 00 () ::r 5: 0- 'i CD Ul Ul 00 'd f-' t"' CD 00 l!) 'd SlJ tv I-' 00 ~ 'd 0 W 0- CD 00 I-' 'd CD ~ 'i 00 'd Ul 00 'd m 00 'd ...,J 00 'd 00 00 'd \.0 t"' o >-3 I o o \.0 ~ CD SlJ 'i :t! 't:1 SlJ >-300 'i ~n () \.00 CD 0>-3 I-' f-'>-3 t"' '*" n o ~ t"' >-3 CD ~ l!) SlJ I-' lD t"' o n ~ I o o ~ 't:1 ~ tJ::l 00 rt SlJ rt ~ tv Ul TOM VIDMAR /4300 SALEM AVE. SO. SAVAGE, MN. 55378 Valley Surveying Co., F? A. SUITE 120-C, 16670 FRANKLIN TRAIL FRANKLIN TRAIL OFFICE CONDOMINIUM PRIOR LAKE, MINNESOTA 55372 TELEPHONE (6/2) 447 - 2570 PRIOR ~ ~l. 902.~AkE ~ ~ /3/95 . \\ ~HORcl/Nc ,.~~ \~ ~~~ .~\.:..... \ I I - -~ \v) \~ -/- \ DECK EXIST! NG HOUSE ) ~OO~ /~~ GARAGE SLAB EL. 918.99 .C. EL. 919.13 918,89 x. 000 G'?-~\~'-N . ....:oo/\\~ ~:p. -\~e -- ~. 0 Oe 'S6~ I ,,' 7 C.'~10.' "\,. "I' q' 0.1 qtli- ~ t,\ ~C\.. PROPERTY DESCRIPTION: Lot 18, GRAINWCOD PARK, Scott County I Minnesota. Also showing all visible improvements and encroachments onto or off from said property if any. NOTES' Benchmark Elevation 921.39 top of the garage slab on Lot 17 on survey. 919.0 Denotes existing grade elevation )( C 920.6 ) Denotes proposed finished grade elevations LEGAL BUILDING ENVELOPE SURVEY PR EPAR ED FOR: TOM VIDMAR 14300 SALEM AVE. SO. SAVAGE, MN. 55378 Valley Surveying Co., F? A. SUITE 120-C, /6670 FRANKLIN TRAIL FRANKLIN TRAIL OFFICE CONDOMINIUM PRIOR LAKE, MINNESOTA 55372 TELEPHONE (612) 447 - 2570 PRIOR ~ EL LAKE I ~ /0' 902,20 ~.~^.. ~ /3/95 , ,....,'. \ I, ~HORE"l/NE" .~ \ , ~. .. 01 "'.Do \ J> <;l~' \~ , ~~'\\\: ~ .......- -- - - - - "C1 1-./ \ EXISTING HOUSE GARAGE SLAB EL. 910.99 .C. EL. 919.13 918/89 x', 000 G~~\~~ . .,3 . 0.... I\~ 60'O\~~ '. ,. 0 O~ 'S E> <:> I '7 c..~"~o. \,q' 0." qfl+ c:: :, C\... yo ()~ PROPERTY DESCRIPTION: Lot 18, GRAINWOOD PARK, Scott County, Minnesota. Also showing all vis impeovements and encroachments onto oe off feom said peopeety if any. NOTES' Benchmark Elevation 921.39 top of the gaeage slab on Lot 17 on survey