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Home My WebLink About99-032 Variance , < " Doc. No. T 1 05846 Vol. 100 Page 34 File 15"3S eert. 33082 OFFICE OF THE REGISfRAR OF TITLES SCOTT COUNTY, MNNESOTA Certified Filed on 08-02-1999 at 11:00 flAM [ ]PM Pat ~man, Registrar of Titles 01 by l--(' I Deputy Fee: $20.50 File No. 99-032 H. E. Westerman Lumber 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 ofthe original. ResOluti0l1.~~,.08PC Variance to Side Yard Setback for Driveway ."', ~ .- on"fileiIi the officeofthe City Planner, City of Prior Lake. ...,J : -'~; .'" -....!./ " . , . '. . Dated this 15th day of July, 1999. . . -' ~ ~ " " ;. ~ \.0:.{~("'1 !,~\ . ,- J J I , , , .,..... r : ","..' ". : c') .' ,- (, ~" 0 , , . -"'J.o {~.....;. ~'~ :,"} "'...:...-;"'\ '::,: ~._.... .. -:-.' .. I . 0 :--0: . -~::. .... ;__: J. \) .::!! / '. :~;~;-(~ity S~~r.~~ . ~', ....,. ~.. ,. ./\ '. ;' '/:':J" \1 \ .,- , -,.....;,.j ~ , , ~".;, ~." '...... . ,', ~ - . . .. . ' TRUECOPYDOC PAGE 1 RESOLUTION 99-08PC A 3 FOOT VARIANCE TO PERMIT A DRIVEWAY SETBACK OF 2 FEET INSTEAD OF THE REQUIRED 5 FEET. BE IT RESOLVED BY the Board of Adjustment ofthe City of Prior Lake, Minnesota; FINDINGS 1. H. E. WESTERMAN LUMBER CO. - LIEN HOLDER "COMMITTEE" have applied for a variance from the Zoning Ordinance in order to permit the reconstruction of an existing driveway on property located in the R-l (Suburban Residential) District and the SD (Shoreland Overlay) District at the following location, to wit; 15338 Schroeder Circle, legally described as Lot 3, Block 1, WINDSONG ON THE LAKE 2nd ADDITION, Scott County, MN. 2. The Board of Adjustment has reviewed the application for variance as contained in Case #99-032 and held hearings thereon on June 14, 1999. 3. The Board of Adjustment has considered the effect of the proposed variances upon the health, safety, and welfare of the community, the existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, the effect on property values in the surrounding area and the effect of the proposed variances on the Comprehensive Plan. 4. Because of conditions on the subject property and on the surrounding property, it is possible to use the subject property in such a way that the proposed variances will not result in the impairment of an adequate supply of light and air to adjacent properties, umeasonably increase congestion in the public streets, increase the danger of fire, and danger to the public safety, umeasonably diminish or impair health, safety, comfort, morals or in any other respect be contrary to the Zoning Ordinance and Comprehensive Plan. 5. The special conditions applying to the subject property are unique to such property, and do not generally apply to other land in the district in which such land is located. L:\99FILES\99V AR \99-032\RE9908PC.DOC 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 6. The granting of the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. The variances will not serve merely as a convenience to the applicants, but are necessary to alleviate demonstrable hardship. The factors listed above do not allow for an alternative location of the driveway without the variances. 7. The contents of Planning Case 99-032 are hereby entered into and made a part of the public record and the record of decision for this case. Pursuant to Section 1108.418 of the Ordinance Code these variances will be deemed to be abandoned, and thus will be null and void one (1) year from the date of appro va 1 if the holder of the variances has failed to obtain any necessary, required or appropriate permits for the completion of contemplated improvements including the future structure, yet to be designed. CONCLUSION Based upon the Findings set forth above, the Board of Adjustment hereby grants and approves the following variances, as shown in attached Exhibit C, for future development on the lot meeting required setbacks; 1. A three (3) foot variance permitting a two (2) foot driveway setback instead of the required five (5) foot driveway setback nearest the east property line. 2. The property owner is required to sign an acknowledgment releasing the City of Prior Lake harmless from any liability for damage caused to the driveway for accessing/repairing utilities within the easement and public right-of-way. Adopted by the Board of Adjustment on June 14, 1 99. 2 ',' ~. ;I?:,~ii~.,~..~~.:- ::~;;:' ..~p.;- C.E. COULTER' &. ASSOCIATES, INC. .,- JOHN COULTER PETERSON PROFESSIONAL REGISTERED LAND SURVEYORS REGISTERED IN JJINN., lISC. It 10."..4. UCENSED IN em OF JiINNEAPOLlS P,O. BOX 8900 MINNEAPOUS, MINNESOTA 55408-0900 PHONE (612) 824-0370 _ FAX (612) 953-~4 37// NORTH @ 50 0 ~ -- 50 ! 100 ; 150 Feet I EXHIBIT C WooD 1.4:121< ]; _; Stt I r~ 2/ b 1000 (J, !1../6J:!J ~7; &1l1V> Yt~U sr33 7 NOTE: BEARINGS SHOWN ARE ASSUMED DATUM. <\ ,,~ "'y .....<0 <\. , y '1; "-t , 'I.>\) 4- ~ r.J). I-'" ON 'N .,......0 0" . ~ r::c >1-';' O. -~ ~ "LO~ 4': -: S ':), ,',..;:., V -.,'" , -1",0&> v ~ _'l <.16'" ~.9 IJ~ I-4~'-3'1'-=lJl , -._ ;). ...J ____.\--u R= 50.00 ~'/<2- '- L=37.43 -.,' ,0 .\' . ',~O '0' ,p" C' C'j~ ----,~~ ~. "r.(<p S':J~a. rC' LO Ue,~ <.1 <....?> ~^ 0.; > v 'GI..d> ./ <.1JJ ~ ,1" LEGAL DESCRIPTION: Lot 3, Bleck 1, Windsong Lake 2nd Addition, Scott Minnesota. On The County, NOTE: THIS STJRYKY CERTmCATE IS NOT V.illD W1TIIOu"T COPYRIGHT @ 1996, C.E. COlII.TER l; ASSOCIATES, INC. Ai'! ORIGINAL SIGNATURE AND A RAISED SEAL. I HEP-EBY Cl:RTIFY TIll:! rnrs SURVEY, PL-Ui OR REPORT fAS PREPAREll BY YE OR lfNDER :ff DIP-ECT SL1'RR'lliilCN lND THAT I ,u( ! DUlY REGIS1'IIU:D ~. S OR UNDEE TIlE Ll!S or TIlE SIAn; or llINNEsar.A. ~~ DA: 6/6/96 REG. NO 13792 CLlElfI': PARAGON COMPANIES, INC. JOB NO. 11,579 SCM$: r = 50' BK./PC. 763/74 SHEl1 1 OF 2 '! ACKNOWLEDGMENT IN REGARDS TO VARIANCE 99-032, RESOLUTION 99-08PC, ALLOWING A DRIVEWAY VARIANCE OF THREE FEET AND EASEMENT ENCROACHMENT AT 15338 SCHROEDER CIRCLE, PRIOR LAKE, LEGALLY DESCRIBED AS LOT 3, BLOCK 1, WINDSONG ON THE LAKE 2ND ADDITION, SCOTT COUNTY, MN. I/WE THE UNDERSIGNED AGREE TO HOLD THE CITY OF PRIOR LAKE HARMLESS FROM ANY LIABILITY FOR DAMAGE CAUSED TO THE DRIVEWAY BY THE CITY STAFF FOR ACCESSING OR REPAIRING UTILITIES \VITHIN THE EASEMEl'ITS OR PUBLIC RIGHT OF WAY AT THE ABOVE DESCRIBED PROPERTY, WITH DRIVEWAY RESTORATION THE RESPONSillILITY OF THE PROPERTY OWNER. ~~c. ~'/r ../. . /;f~y APPLICANT DATE H.E. WESTERMAN LUMBER CO. . ~,((/~ OWNER ' DATE BRADLEY BUSSE .~~ . - .' __ 7--d1/'99 a) us' DATE 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ... ASSENT OF APPLICANT File #_99-032_ As Approved by Resolution # _99-08PC_ The undersigned hereby assents to the following: 1. I have read the conclusions and conditions of said Resolution, and I am familiar with their contents and with the content of the exhibits. 2. I fully accept all of the terms and conditions of said Resolution. 3. I understand Section 1108.400 of the Prior Lake Ordinat}ce Code provides as follows: 1108.413 Revocation and Cancellation of a Variance. A Variance may be revoked and canceled if the Zoning Administrator determines that the holder of an existing Variance has violated any of the conditions or requirements imposed as a condition to approval of the Variance, or has violated any other applicable laws, ordinances, 0::: enforceable regulation. 1108.414 After One Year. No Construction Required. All Variances shall be revoked and canceled if 1 year has elapsed from the date of the adoption of the resolution granting the Variance and the holder of the Variance hl:~ failed to make 5ubstar:.tialilse ot the premIses (!(',;_'rding to the provisions contained in lli~ Varianl..'~, 1108.415 After One Year. New Construction Required. All Variances shall be revoked and canceled after 1 year has elapsed from the date of the adoption of the resolution granting the Variance if a new structure or alteration or substantial repair of an existing building is required by the Variance and the holder has failed to complete the work, unless a valid building permit authorizing such work has been issued and work is progressing in an orderly way. 1108.416 Upon Occurrence of Certain Events. If the holder of a Variance fails to make actual use of vacant land, or land and structures which were existing when the Variance was issued and no new structure, alteration or substantial repair to existing buildings was required; or if a new structure was required by the Variance and no building permit has been obtained, the Variance shall be deemed revoked and canceled upon the occurrence of any of the following events: (1) A change in the Use District for such lands is made by amendment to the Zoning Ordinance by the City Council. L:\TEMPLA TEW ARIANCE\ASSENT.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 (2) Eminent domain proceedings have been initiated to take all or any part of the premises described in the Variance. (3) The use described in the Variance becomes an illegal activity under the laws of the United States of America or the State of Minnesota. (4) Title to all or part of land described in such Variance is forfeited to the State of Minnesota for nonpayment of taxes. (5) The person to whom the Variance was issued fIles a written statement in which that person states that the Variance has been abandoned. The statement shall describe the land involved or state the resolution number under which the Variance was granted. (6) The premises for which the Variance was issued are used by the person to whom the Variance was issued in a manner inconsistent with the provisions of such Variance. 4. I understand the granting by the City of this Resolution is in reliance on the representations that I will fully comply with all of the terms and conditions of said Re.solution. I understanu and agree upon notice of non-compliance with anv term or condition, I shall immediately cease conducting activities pursuant to the notice or will take all actions necessary to accomplish full compliance with said notice and conditions of the Resolution. DA-IEM /', If)>/' II~ CJ~ ptJ,.. G. ~;R!~ SIGNATURE Of A..::'PLICAl'\T ''f!~ ~~ SI NATURE OF OWNER 15338 SCHROEDER CIRCLE NE - - ADDRESS OF PROPERTY IY}or~ L:\99FILES\99VAR\99-032\ASSENT.DOC 2 ~~ \<4, l~~~ '-PI ClVLn vt~ (JMAvvu.S~ ~ Cramer: . Commented that the ordinance requires an engineering report, and wondered if this could be attached as a condition of approval of a variance. Tovar noted that the engineering report is required before any building permit may be issued. She read the section from the Zoning Ordinance. This requirement requires the engineer review site conditions, and include the engineer's recommendations for construction. Kuykendall: . Stated he will support 24' setback based on the engineering report required. MOTION BY CRIEGO, SECOND BY CRAMER, TO DIRECT STAFF TO PREPARE A RESOLUTION WITH FINDS OF FACT AND CONDITIONS APPROVING A 33' VARIANCE TO ALLOW A SETBACK OF 24 FEET FROM THE TOP OF BLUFF INSTEAD OF THE REQUIRED 57 FEET AND TO REQUIRE GUTTERS DRAINING TO THE STREET AND AN ENGINEERING REPORT AS PART OF THE BUILDING PERMIT. Kuykendall asked that the need for an engineer's report be highlighted in the minutes and included in the resolution. MOTION CARRIED 4-1 (VONHOF VOTING NO). 1- )B. CASE FILE #99-029 H.E. WESTERMAN LUMBER COMPANY IS REQUESTING A VARIANCE TO THE SIDEY ARD SETBACK FOR A DRIVEWAY LOCATED AT 15338 SHROEDER CIRCLE. Zoning Administrator Steve Horsman presented the Planning Report dated June 14, 1999, on file in the office of the City Planner. The City received a variance application from H. E. Westerman Lumber proposing to allow an existing driveway constructed over the side lot line to be set back 2 feet from the property line rather than the required 5' setback for driveways. Staffhas concluded the variance request for driveway setback is partially substantiated with hardships pertaining to the existing position of the structure on the lot that the applicant has no control over. The staff recommends approval of a variance allowing a two foot setback for the portion of the driveway located on the private property portion of the lot. The portion of the driveway located between the curb and the property line must be at least 5 feet from the side property line as extended. Approval of this variance should also be subject to the condition that the applicant obtain an easement for snow storage from the owners of adjacent Lot 4 or the applicant constructs a permanent fence to minimize the amount of snow thrown from Lot 3 onto Lot 4. 1:\99files\99plconun\pcmin\mn061499.doc 6 Cramer asked if the house being built on Lot 5 will not have the same problem with respect to snow storage. Horsman noted that is why we recommended the width be at least 5' within the public right-of-way. Stamson asked how this setback would be measured in the right-of-way. Horsman explained the lot line as extended would be used as the measuring point. Criego asked why this is a problem now. Tovar showed photos of the existing condition. Horsman explained the existing situation. The driveway was built directly on the property line. The house does not have a permanent certificate of occupancy. Horsman explained the proposed variance is for a 2' setback along the side lot line to the curb. Staff recommendation is to allow a 2' setback to the side property line, and require a 5' side setback in the public right-of-way to the curb. Kuykendall asked if they could use landscaped rock for the 5' setback. Staff stated that is one of the possibilities. Comments from the public: Bob Rotter, Vice president of Westerman Lumber company, and current owner of the property said they are hoping to resolve this situation. They would like to leave the driveway as it currently exists. He noted the driveway has been there for 2+ years and no one had objected. The City only commented after receiving a permit for Lot 4. They have contacted the owners of Lot 4, who have no objections to the driveway as it currently exists. He does not see how 5' on the right-of-way will improve this condition. There is 13' :from the garage to the point where the driveway would have to be cutback. This would make it very difficult to get any car in the garage. He is requesting that the garage be allowed to remain where it is. He does not think getting an easement from the neighbors would be a problem. Criego wondered if there was any consideration about buying some property :from the neighbor. If this variance had come before the PC before the building was built, it would not be approved. Have the applicant's considered any other alternatives. Rotter stated they have not considered that at this time. Kuykendall noted he does not see any gain in purchasing additional property. The other commissioners pointed out the setback on lot 4 is only 5 feet also. Brad Busse, Prior Lake, stated he and his wife have signed a purchase agreement for this property. The staff recommendation would make it very difficult to get into the garage by creating a severe left turn. This would detract from the value of the house. Ralph Heuschele, H & H Land Development, developers of Wind song on the Lake commented that it seems unfair that the City is now requiring Westerman Lumber to 1:\99fi\es\99plcollDn\pcmin\mn061499.doc 7 obtain a variance and to narrow the driveway. We should let these people have the property as is. Criego asked ifhe is suggesting the City is responsible for reviewing every sale. He said the idea that the City is responsible for this mistake is not acceptable. Heuschele said the City is no more responsible than the current owner. The City should not be blameless. Joan Waund, 15196 Edgewater Circle, a local realtor stated she was aware that the driveway was not built according to the approved permit. Requiring a reduction in the width of the existing driveway would cause a hardship in using the garage, and would devalue the property. Criego asked staff if the 5' setback was in effect when this home was built in 1996. Tovar noted the standard was in effect at that time. The City did know about this situation a year ago which is why a permanent certificate of occupancy has not been issued. The information about the actual location of the driveway was not received until the permit for the adjacent property was submitted. The current owners are applying for a variance in order to receive a permanent certificate of occupancy. Kuykendall asked if the home has been built in the approved location. Staff responded we have not received an as-built survey to make that determination. Cramer asked if City Public Works has been made aware of this, and did they have any idea where they would push the snow at the end of the cul-de-sac. Horsman noted that they had made no comments on this. Bud Waund, 15196 Edgewater Circle, stated this is a situation where the house was built and lived in before the City, or the current owner had any knowledge of the driveway encroachment. This is different from normal types of development because of Architectural Control Committee and Homeowner's Association. There was a list of the code violations in the house sent to the previous owners; was the driveway included in that list? Would like to see some consideration given to the owners due to the mistakes made in the past. Stamson stated that he is suggesting that if someone builds something incorrectly and lives there for two years, the City should allow the mistake to continue. Mr. Waund stated he thinks the City should make some concessions in this case. Stamson stated that there may be some hardship in this case, but the suggestion that it is existing and should be allowed is ridiculous. Commission Stamson closed the public hearing. Comments from Commissioners: 1:\99fi1es\99plcomm\pcmin\nm061499.doc 8 Kuykendall: · The bottom line is how does this variance contribute to the welfare of the neighborhood. Some action has been taken to alleviate this problem. Some compromise must be made. · Narrowing the driveway will make it very difficult to maneuver. An easement is not needed or practical. . Supports the request. Stamson: . The variance hardship standards are met, especially due to narrowness and shape of the lot. . It is unreasonable to not allow the use of a portion of the existing structure due to the narrowness of the driveway. . Supports a variance allowing 2 feet along the entire length of the driveway. Criego: . Asked staff if recommendation is denial, what is the proposal for access to this garage. . Horsman noted that the staff recommendation is to allow a 2' setback to the front property line and a 5' setback between the curb and the property line. In other words, the staff is recommending approval with conditions. . He also noted City Engineering is asking for an acknowledgment that if the City must replace or repair the utilities, the owner will not hold the City responsible for damage to the driveway. Cramer: . If the variance is granted, should there be an easement on the adjacent lot. Staff is recommending this easement. . Noted the 5' setback will not work. He is concerned about snow storage at the end of the cul-de-sac. . The easement should be required. Kuykendall: . Suggested that the owner of the lot be responsible for providing an area for snow storage other than on the adjacent lot. Stamson stated there is really not a snow storage issue. There is plenty of room on the lot for snow. Cramer: . Noted he does support the variance. However, because this is a cul-de-sac, there is a snow storage problem. V onhof: . His knowledge of snow removal is usually that the snow is stored in the middle of the cul-de-sac, if there is room, and then later removed with a front end loader. 1:\99filcs\99plconun\pcmin\mn061499.doc 9 Cramer: . Discussed the need for snow storage on both lots V onhof: . Believes criteria for the variance are met. MOTION BY VONHOF, SECOND KUYKENDALL, TO ADOPT RESOLUTION 99- 08PC APPROVING THE VARIANCE FOR A 2' DRIVEWAY SETBACK AND INCLUDE ACKNOWLEDGMENT OF ENGINEERING CONCERNS AND AS-BUILT SURVEY REQUIREMENTS Kuykendall withdrew second for clarification of actual application. Vonhofrecognized Bob Rotter, Westerman Lumber. He stated the original application was made to leave the driveway as currently is, with driveway on lot line. V onhof stated it is clear that the intent of the applicant was to apply for as' variance. Vonhofwithdrew his motion. Rye read the application information submitted. It is somewhat unclear as to what was being requested. Stamson asked if a variance greater than the request published can be granted. Vonhofwondered if the record could contain the intent of the applicant. Rye noted there was a motion to approve a variance to allow a 2' setback. The applicant does have the option of appealing this decision to the City Council. The Commission discussed what different options are available. The Commission could republish the hearing for the 0' setback. Asked the applicant if it is acceptable to consider and vote on the 3' variance, rather than 5' variance. Bob Rotter, Westerman Lumber, asked if republishing this will require additional information, or is it a matter of waiting an additiona13 weeks to republish. If there is no as-built survey required, the applicant will agree to remove 2' of the driveway. Rye stated the staffmade an exception to the requirement for a survey as part of the variance application due to the fact that there was a survey of the adjacent property showing the driveway. V onhof restated his motion as follows: MOTION BY VONHOF, SECOND KUYKENDALL, TO ADOPT RESOLUTION 99- 08PC APPROVING A 3' VARIANCE TO ALLOW A 2' DRIVEWAY SETBACK INSTEAD OF ~ REQUIRED 5' SETBACK SUBJECT TO THE CONDITION THAT THE PROPERTY OWNER SIGN AN ACKNOWLEDGMENT HOLDING THE CITY OF PRIOR LAKE HARMLESS FOR ANY LIABILITY FOR DAMAGE 1:\99fi1cs\99plcomm\pcmin\nm061499.doc 10 CAUSED TO THE DRIVEWAY FOR ACCESSINGIREP AIRING UTILITIES WITHIN THE EASEMENT AND PUBLIC RIGHT-OF-WAY. Vote taken signified ayes by all. MOTION CARRIED 5-0. The Planning Commission took a 5 minute recess. The meeting resumed at 9:03 PM. C. CASE FILE #99-029 PAUL AND MARY VIERECK ARE REQUESTING AN AMENDMENT TO SECTION 1102.1104 OF ZONING ORDINANCE RELATING TO OUTDOOR DISPLAY AND SALES WITHIN THE c-3 SPECIALTY BUSINESS USE DISTRICT. Planner J enni Tovar presented the Planning Report dated June 14, 1999, on file in the office of the City Planner. On May 18, 1999 the Planning Department received an application from Paul Viereck requesting a text amendment to permit permanent outdoor display and sales in the C-3 Zoning District (downtown area). The applicant is requesting this amendment in order to allow year-round outdoor storage and display area at his business. The attached is a site plan submitted by Paul Viereck shows this area located between the existing fireplace showroom and the adjacent structure (previously JB Furniture and Remax office). The area exceeds 100 square feet, and would be permanent, thus the need for the amendment. The proposed amendment would not apply just to the applicant's property, but to all properties located within the C-3 district. The staff recommends denial of this request based on the finding that there is no public need for this amendment, and the amendment will not accomplish one or more of the purposes of the Zoning Ordinance, the Comprehensive Plan and the Downtown Redevelopment Plan. Criego asked where the lot line is located between the two properties. Tovar noted the amendment would apply to all properties within the C-3 district. We do not have a survey to identify the lot line. Comments from the public: Paul and Mary Viereck, 3465 140th Street, the applicants, stated the side lot line of the property is actually located 3' into the building. Did not intend to store anything year- round, just April through November. Tried to create a cohesiveness between the two buildings by pouring concrete and creating a drainageway. The outdoor storage area would also keep people from driving through this area. They intend to put a picket fence between the buildings. Access to the parking in the back is via a City alley. Mary Viereck noted they put a lot of time and effort to improve this area and the downtown area. 1:\99files\99plcomm\pcmin\nm061499.doc 11 PLANNING REPORT SITE: PRESENTER: REVIEWED BY: PUBLIC HEARING: DATE: 4B CONSIDER A DRIVEWAY SETBACK VARIANCE FOR H. E. WESTERMAN LUMBER CO. - Case File #99-032 15338 SCHROEDER CIRCLE STEVEN HORSMAN, ZONING ADMINISTRATOR JANE KANSIER, PLANNING COORDINATOR _X_ YES NO JUNE 14, 1999 AGENDA ITEM: SUBJECT: INTRODUCTION: The Planning Department received a variance application from H. E. Westerman Lumber proposing to allow an existing driveway constructed over the side lot line of a new single family residence. The setback encroachment was discovered upon review of a survey by James R. Hill, Inc. dated 3/12/99, (Exhibit B), submitted with building permit #99-148 for the proposed construction of a single family home on the adjacent lot 4. The owners of lot 4, Steve & Jenny Field, have provided a signed letter stating they have no objection to the driveway variance (see attached letter). The applicant is requesting a variance to allow the existing driveway to be set back two feet from the property line rather than the required five foot setback per city code, as shown on a copy of the survey by C. E. Coutler & Associates dated 6/6/96 (Exhibit C). A copy of the survey was submitted and approved with the original building permit #96-284. Westerman Lumber acquired the property as a lien holder in foreclosure from the original builder Paragon Company. DISCUSSION: The property is located within the R-1 (Suburban Residential) and the SO (Shoreland Overlay) districts. The applicants reasons for the variance request is to bring the property into compliance with variance approval and to eliminate the excessive angle and inability to reach the 3rd stall without driving on the yard (see attached letter from H. E. Westerman dated May 4,1999). The variance request is for three (3) feet, for a two (2) foot setback from the property line for approximately thirty three (33) feet in length from the street curb. The applicant does not own either of the adjacent parcels. Lot attributes are as follows: 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Size Requirement to be Buildable (as a substandard lot) N/A N/A N/A Variance Requested Area (above 904 el) Lot Width (measured at setback) Driveway Setback (measured at side lot line) 22,429 sq. ft. 1 00 feet 5 feet N/A N/A 3 feet VARIANCE HARDSHIP STANDARDS 1. Where by reason of narrowness, shallowness, or shape of a lot, or where by reason of exceptional topographical or water conditions or other extraordinary and exceptional conditions of such lot, the strict application of the terms of this Ordinance would result in peculiar and practical difficulties or exceptional or undue hardship upon the owner of such lot in developing or using such lot in a manner customary and legally permissible within the Use District in which said lot is located. This criteria addresses the lot shape and dimensions and their relation to practical difficulties or undue hardship placed upon the owner for use in a manner customary and permissible. Reasonable use can be made of the property if the Ordinance is literally enforced. The variance request to driveway setback of an existing condition is not due to lot shape but is the result of the placement of the house when constructed. 2. Conditions applying to the structure or land in question are peculiar to the property or immediately adjoining property, and do not apply, generally, to other land or structures in the Use District in which the land is located. The unique circumstance is the existing structure and its position on the lot which makes for a difficult and sharp turn when entering the end stall to the garage. This is an existing condition created in 1996 and cannot be altered to meet the ordinance requirements, so hardship does exist in relation to the structure and its position on the lot. The literal enforcement of the five foot setback would limit a driveway width of approximately thirteen to fourteen feet from the garage and limit access to the 3rd stall. 3. The granting of the proposed Variance is necessary for the preservation and enjoyment of a substantial property right of the owner. These are conditions which have existed since the property was constructed in 1996. The driveway setback is a hardship that is not the result of the applicant's actions. L:\99FI LES\99V AR\99-032\99-032PC.DOC Page 2 4. The granting of the proposed Variance will not impair an adequate supply of light and air to the adjacent property, unreasonably increase the congestion in the public streets, increase the danger of fire, or endanger the public safety. The intent of the 5 foot driveway setback is to allow for adequate snow storage on one's property. The lot is a pie shaped lot and progressively gets wider away from the street, so the driveway will only need to be setback less than 5 feet for a distance of approximately 22 feet to the property line atter which the 5 foot setback shall be met through the public right-of-way to the curb. The granting of the driveway setback variance is not contrary to the public interest provided snow storage is accommodated on the private property with the granting of an easement for snow storage by the owners of Lot 4 for the owners of Lot 3 or construction of a permanent fence on Lot 3 to limit the amount of snow dispersed on Lot 3. 5. The granting of the Variance will not unreasonably impact on the character and development of the neighborhood, unreasonably diminish or impair established property values in the surrounding area, or in any other way impair the health safety, and comfort of the area. The adjacent driveway on lot 4 appears to be setback at least 5 feet from the lot line and should not be unreasonably impacted by the variance. Established property values should not be diminished in the surrounding area. However, health and safety maybe improved by maintaining the 5 foot setback from the property line to the curb at times of restricted visibility, such as winter when snow is piled in the public right-of-way. 6. The granting of the proposed Variance will not be contrary to the intent of this Ordinance and the Comprehensive Plan. The granting of the proposed Variance does not appear contrary to the intent of the Ordinance and the Comprehensive Plan with a variance for a portion of the two foot set back on private property with an easement for snow storage from the adjacent property owners of Lot 4. 7. The granting of the Variance will not merely serve as a convenience to the applicant but is necessary to alleviate a demonstrable undue hardship or difficulty. In relation to the structure's position on the lot a driveway variance for a portion of the driveway should alleviate the difficulty for the garage access. 8. The hardship results from the application of the provisions of this Ordinance to the affected property and does not result from actions of the owners of the property. L:\99FILES\99V AR\99-032\99-032PC. DOC Page 3 The hardship results from the actions of the previous property owner and how the structure was placed at the time of construction. Therefor, this hardship is not met. 9. Increased development or construction costs or economic hardship alone shall not be grounds for granting a Variance. While construction costs will be incurred upon compliance with the Ordinance or partial compliance with a Variance, this is not the primary reason for granting a variance. RECOMMENDATION: Staff has concluded the variance request for driveway setback is partially substantiated with hardships pertaining to the existing position of the structure on the lot that the applicant has no control over. The staff recommends approval of a variance allowing a two foot setback for the portion of the driveway located on the private property portion of the lot. The portion of the driveway located between the curb and the property line must be at least 5 feet from the side property line as extended. Approval of this variance should also be subject to the condition that the applicant obtain an easement for snow storage from the owners of adjacent Lot 4 or the applicant constructs a permanent fence to minimize the amount of snow thrown from Lot 3 onto Lot 4. ALTERNATIVES: 1. Approve the variance requested by the applicant, approve the variance recommended by the staff, or any variance 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: Staff recommends Alternative #3. A motion and second adopting attached Resolution #99-008PC approving the variance for the portion of driveway on private property with an easement for snow storage from the adjacent lot 4 property owners or construct a permanent fence to minimize the amount of snow thrown from Lot 3 onto Lot 4.. L:\99FI LES\99V AR\99-032\99-032PC.DOC Page 4 RESOLUTION 99-08PC A 3 FOOT VARIANCE TO PERMIT A DRIVEWAY SETBACK OF 2 FEET INSTEAD OF THE REQUIRED 5 FEET. BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. H. E. WESTERMAN LUMBER CO. - LIEN HOLDER "COMMITTEE" have applied for a variance from the Zoning Ordinance in order to permit the reconstruction of an existing driveway on property located in the R-l (Suburban Residential) District and the SD (Shoreland Overlay) District at the following location, to wit; 15338 Schroeder Circle, legally described as Lot 3, Block 1, WINDSONG ON THE LAKE 2nd ADDITION, Scott County, MN. 2. The Board of Adjustment has reviewed the application for variance as contained in Case #99-032 and held hearings thereon on June 14, 1999. 3. The Board of Adjustment has considered the effect of the proposed variances upon the health, safety, and welfare of the community, the existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, the effect on property values in the surrounding area and the effect of the proposed variances on the Comprehensive Plan. 4. Because of conditions on the subject property and on the surrounding property, it is possible to use the subject property in such a way that the proposed variances will not result in the impairment of an adequate supply of light and air to adjacent properties, unreasonably increase congestion in the public streets, increase the danger of fire, and danger to the public safety, unreasonably diminish or impair health, safety, comfort, morals or in any other respect be contrary to the Zoning Ordinance and Comprehensive Plan. 5. The special conditions applying to the subject property are unique to such property, and do not generally apply to other land in the district in which such land is located. The unique circumstances applicable to this property include the substandard lot size, the fact that the property was platted prior to the incorporation of the city. L:\99FILES\99V AR\99-032\RE9908PC.DOC 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 6. The granting of the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. The variances will not serve merely as a convenience to the applicants, but are necessary to alleviate demonstrable hardship. The factors listed above do not allow for an alternative location of the driveway without the variances. 7. The contents of Planning Case 99-032 are hereby entered into and made a part of the public record and the record of decision for this case. Pursuant to Section 1108.418 of the Ordinance Code these variances will be deemed to be abandoned, and thus will be null and void one (1) year from the date of approval if the holder of the variances has failed to obtain any necessary, required or appropriate permits for the completion of contemplated improvements including the future structure, yet to be designed. CONCLUSION Based upon the Findings set forth above, the Board of Adjustment hereby grants and approves the following variances, as shown in attached Exhibit C, for future development on the lot meeting required setbacks; 1. A three (3) foot variance permitting a two (2) foot driveway setback instead of the required five (5) foot driveway setback nearest the east property line. 2. The property owner is required to sign an acknowledgment releasing the City of Prior Lake harmless from any liability for damage caused to the driveway for accessing/repairing utilities within the easement and public right-of-way. Adopted by the Board of Adjustment on June 14, 1999. Anthony Stamson, Chair ATTEST: Donald R. Rye, Planning Director 2 .,'.'~ ~ C.E. COULTER & ASSOCIATES, INC. JOHN COULTER PETERSON PROFESSIONAL REGISTERED LAND SURVEYORS REGISl'ERED IN llINN., lISC. Ii IOWA UCENSED IN CITY OF MINNEAPOUS P,O. BOX 8900 MINNEAPOUS. MINNESOTA 55408-0900 PHONE (612) 824-0370 FAX (612) 953-lB14 3<71/ NORTH @ 50 0 50 ~ - ~ I 100 I 1M Feet I EXHIBIT C ~ ,,4.> "'y .... Co /\' , y '1; 'r '1;\::> 4- ~ WOOD 1M/< I S""rfT 21b 1000 lJ( ILlb th ~7, !2xtILlv>Ytt.u ,sr33 7 NOTE: BEARINGS SHOWN ARE ASSUMED DATUM. (j). "-N qN .......0 0'. ~ CO ~*'" o. ~ I}l.-:- /- v':). f <;:;), '-J ...,' ./.-:- o&~ v ~ ~') <.Ie-, "\;' .9 /J~ , 1=42"53'13" ---- -';---- R= 50.00 '- L=37.43 LEGAL DESCRIPTION: Lot 3, Block I, Windsong On The Lake 2nd Addition, Scott County, Minnesota. NOTE: THIS SURVEY CERTIFJCATE IS NOT VALID WlTHOUT COPYRIGHT @ 1996, C.E. COULTER It. ASSOCIATES, INC. AN ORIGINAL SIGNATURE AND A RAISED SEAL. I HEREBY CERTIFY TlLU' TIllS SIJRVEY, PL..\N OR REPORT WAS PREPARED BY YE OR UNDER }{Y DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED ~~f~~SOT~ DA: 6/6/96 REG. NO 13792 CUENT: PARAGON COMPANIES, INC. JOB NO. 11,579 SCALE: r :: 50' BK./PG. 763/74 SHEET 1 OF 2 , f/llJr; .pl 7 \' " , . ,-,-" .,li-'.,r.-" .,1 ",l..~. ./ CERTIFICATE, OF SURVEY For: Stephen & Jenny Field EXHIBIT \B .' 50 \ \ \ - 1'"\1 1'1 1'"\. VUILVI A " / / / N 182.81 S89019'34"W , 5C_>DRAINAGE & UTILITY _:t.t/ - - - .1.:- EASEMENT PER PLAT ' \ \ \ LOT 4 o o It) 951-.5 9~J.l 11'"\. L.V I ~ {iff~ 11f1 BENCH MARK TOP OF SPIKE ELEV.=96D.07 I 1'"\. r- L.V I ~I "\ 50 ~r;t \ \ APPROVE'2. ENGINEERING arEPT SIgned ' / I. "". d,.J.,,~ ~- Da:e..:{i!:iI7 / / / ~ ~ ~ :g ~ .,.. I y, I'. j'l " SCHROEDER CIRCLE NOTE: CONCRETE DRIVEWAY ENCROACHES ONTO LOT 4 FROM LOT 3, AS SHOWN HEREON. Scale: 1 nch - 30 feet Page 2 of 2 James R. Hill, Inc. I: " poAI< f) !fJE5E ALe t1-fpLt TO. ouR flAAD~~P ~ ffL,\C/f-/~f)rV 1108.407 'tl../.J the values of property in the surrounding area, and the effect of the proposed variance upon the Comprehensive Plan. The Board of Adjustment may grant a Variance from the strict application of the provisions of this Ordinance, provided that: . (~ Where by reason of narrowness, shallowness, or shape of a lot, or where by reason of exceptional topographical or water conditions or other extraordinary and exceptional conditions of such lot, the strict application or the terms of this Ordinance would result in peculiar and practical difficulties or exceptional or undue hardship upon the owner of such lot in developing or using such lot in a manner customary and legally permissible within the Use District in which said lot is located. (2) Conditions applying to the structure or land in, question are peculiar to the property or immediately adjoining property, and do not apply, generally, to other land or structures in the Use District in which the land is located. (3) The granting of the proposed Variance is necessary for the preservation and eJijoyment of a substantial property right of the owner. (4) The granting of the proposed Variance will not impair an adequate supply of light and air to the adjacent property, unreasonably increase the congestion in the public streets, increase the danger of fire, or endanger public safety. r) V (5) The granting of the Variance will not unreasonably impact on the character and development of the neighborhood, unreasonably diminish or impair established property. values in the surrounding area, or in any other way impair the health safety, and comfort of the area. (6) The granting of the proposed Variance will not be contrary to the intent of this Ordinance and the Comprehensive Plan. (7) The granting of a Variance will not merely serve as a convenience to the applicant but is necessary to alleviate a demonstrable undue hardship or difficulty . (8) The hardship results from the application of the provisions of this Ordinance to the affected property and does not result from actions of the owners of the property . (9) Increased development or construction costs or economic hardship alone shall not be grounds for granting a Variance. Conditions and Modifications. The Board of Adjustment may grant the Variance requested and hnpose conditions and safeguards as a condition to the ( \......... May 1.1999 l108/p14 CIty of prior Lake ASSENT OF APPLICANT File # 99-032 As Approved by Resolution # _99-08PC_ The undersigned hereby assents to the following: 1. I have read the conclusions and conditions of said Resolution, and I am familiar with their contents and with the content of the exhibits. 2. I fully accept all ofthe terms and conditions of said Resolution. 3. I understand Section 1108.400 ofthe Prior Lake Ordinance Code provides as follows: 1108.413 Revocation and Cancellation of a Variance. A Variance may be revoked and canceled if the Zoning Administrator determines that the holder of an existing Variance has violated any of the conditions or requirements imposed as a condition to approval of the Variance, or has violated any other applicable laws, ordinances, or enforceable regulation. 1108.414 After One Year. No Construction Required. All Variances shall be revoked and canceled if 1 year has elapsed from the date of the adoption of the resolution granting the Variance and the holder of the Variance has failed to make substantial use of the premises according to the provisions contained in the Variance. 1108.415 After One Year. New Construction Required. All Variances shall be revoked and canceled after 1 year has elapsed from the date of the adoption of the resolution granting the Variance if a new structure or alteration or substantial repair of an existing building is required by the Variance and the holder has failed to complete the work, unless a valid building permit authorizing such work has been issued and work is progressing in an orderly way. 1108.416 Upon Occurrence of Certain Events. If the holder of a Variance fails to make actual use of vacant land, or land and structures which were existing when the Variance was issued and no new structure, alteration or substantial repair to existing buildings was required; or if a new structure was required by the Variance and no building permit has been obtained, the Variance shall be deemed revoked and canceled upon the occurrence of any of the following events: (1) A change in the Use District for such lands is made by amendment to the Zoning Ordinance by the City Council. L:\TEMPLATEWARIANCE\ASSENT.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 (2) Eminent domain proceedings have been initiated to take all or any part of the premises described in the Variance. (3) The use described in the Variance becomes an illegal activity under the laws of the United States of America or the State of Minnesota. (4) Title to all or part of land described in such Variance is forfeited to the State of Minnesota for nonpayment of taxes. (5) The person to whom the Variance was issued files a written statement in which that person states that the Variance has been abandoned. The statement shall describe the land involved or state the resolution number under which the Variance was granted. (6) The premises for which the Variance was issued are used by the person to whom the Variance was issued in a manner inconsistent with the provisions of such Variance. 4. I understand the granting by the City of this Resolution is in reliance on the representations that I will fully comply with all of the terms and conditions of said Resolution. I understand and agree upon notice of non-compliance with any term or condition, I shall immediately cease conducting activities pursuant to the notice or will take all actions necessary to accomplish full compliance with said notice and conditions of the Resolution. DATE SIGNATURE OF APPLICANT SIGNATURE OF OWNER 15338 SCHROEDER CIRCLE NE - - ADDRESS OF PROPERTY L:\99FILES\99V AR\99-032\ASSENT.DOC 2 ACKNOWLEDGMENT IN REGARDS TO VARIANCE 99-032, RESOLUTION 99-08PC, ALLOWING A DRIVEWAY VARIANCE OF THREE FEET AND EASEMENT ENCROACHMENT AT 15338 SCHROEDER CIRCLE, PRIOR LAKE, LEGALLY DESCRIBED AS LOT 3, BLOCK 1, WINDSONG ON THE LAKE 2ND ADDITION, SCOTT COUNTY, MN. IIWE THE UNDERSIGNED AGREE TO HOLD THE CITY OF PRIOR LAKE HARMLESS FROM ANY LIABILITY FOR DAMAGE CAUSED TO THE DRIVEWAY BY THE CITY STAFF FOR ACCESSING OR REPAIRING UTILITIES WITHIN THE EASEMENTS OR PUBLIC RIGHT OF WAY AT THE ABOVE DESCRIBED PROPERTY, WITH DRIVEWAY RESTORATION THE RESPONSIBILITY OF THE PROPERTY OWNER. DATE APPLICANT DATE H.E. WESTERMAN LUMBER CO. OWNER BRADLEY BUSSE DATE MARY BUSSE 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER __....w....._.____.........__..~:".:.,.~"......,........--..----.-....,.....----"--,.,'~'.._"',..""...___'".n_'''''''....,.._...,._..._, ~...c~,..,.....................,_.., Planning Case File No. 41'-0'1 ~ Property Identification No. L;-~ J.-~" O::~ City of Prior Lake . 2.. ~ ~l,) S V). )/ LAND USE APPLICATION ifd~ ;Lf{;-;5 t 2-- ci;s -c 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~) to (proposed zoninl:) o Amendment to City Code, Compo Plan or City Ordinance o Subdivision of Land o Administrative Subdivision o Conditional Use Permit l8:( Variance o Other: IT rn@rnow rn ~~ .... \i ~ It..''-'- IJ#{ . (I /'l '... \.f!Jm..., rTtar ~ Property Owner(s) [If different from Applicants]: Address: Home Phone: .Work Phone: Type of Ownership: Fee _ Contract for Deed _ Purchase Agreement ----a. Legal Descrie,tion of ProperiI (Attach a copy if thsre is not enough ~ace on thij) sheet): 1St:: 5~tm I.:'IL . (J(Il""~ ., ~ r-. .J.~. ~ ~t;..( I 10;v,5'pI/( trltI 7lfr kprh na)f). Su . V'~ 1## . 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 appl~~D~ will Dot be proee ed ODtil deemed compl e by lbe PIaDolng DirectDr or assign;? M ~~~a. ~/~/ff Date ' I- Fee Owner's Signature Date TIDS 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, FAX (612) 447-4245 RECEIPT # 34565 DATE:~~ ~ I Ltt~'1 ReceivedOf_~\<a\ W~~~ 10~~ the sum of ~ tJ0: ~ ~ e9~ - for the purpose of ~ . . . l L q-i~ -, dollars $-1S-D~ Invoice # ~~ ecelpt Clerk for the City of Pnor Lake To: City of Prior Lake Variance Department Please use this note as our permission to allow for a variance to be given to the property located at 15338 Schroeder Circle in the city of Prior Lake. The variance is to allow for the driveway to be located on the property line adjacent to our property located to the north of this home. We would have no objection to this variance being granted. Sincerely, sn~ ~~ ! 1/UW JE Y FIE , "Since 1889" H.E. WESTERMAN LUMBER CDMPANY www.westermanlumber.com . Box 7, Montgomery, Minnesota 56069 Fax: 507-364-5805 Ph: 507-364-7312 # - May 4, 1999 To: City of Prior Lake Planning & Zoning Commission From: Donald W. Westerman H. E. Westerman Lumber Co. Subject: Variance for driveway "encroachment" & set back at 15338 Schroeder Circle, Prior Lake Attached please find our application for a sideyard set back variance for the driveway of 15338 Schroeder Circle. Westerman Lumber, along with six (6) other lien holders foreclosed on Greg Schweich, Paragon Companies, in November of 1998. Since the foreclosure and Schweich removal from the home on December 17, 1998, our group has worked to complete the home and prepare it for sale. The City of Prior Lake had granted Schweich a "temporary" certificate of occupancy in October of 1997 with the understanding that the "few items on the 'check list' be completed". Non of the items on the inspector's check list had been completed prior to our foreclosure action. Our group has worked to bring the property into compliance with City of Prior Lake's regulations as well as other code requirements. The exception to total compliance is the requirement for the driveway to be 5' from the property line. To remove a portion ofthe driveway to comply with a 5' setback would result in a concrete surface which would extend only 13' 3" from the garage. It would not be possible to back out of the garage without backing off the driveway. The initial permit request was accompanied by a plot plan showing the driveway within 2' of the property line (6/6/96 by C.E. Coutler & Associates, Inc.). The driveway was placed incorrectly and encroached on the property owned by Stephen & Jenny Field (Certificate of Survey by James R. Hill, Inc. dated 3/12/99) As part of the information attached is a letter from the Fields addressing our application for a variance. It would be our preference to not have to apply for a variance and create difficulty for the commissions involved and the City Departments. However, the extenuating circumstances relating to this property preclude our meeting the letter of the ordinances. Re?1tfu~ ~u~~~d/ A ~tJJm~ Donald W. Westerman H. E. Westerman Lumber Co. In addition, The board of adjustments may grant a variance per the provisions attached, and we feel this application meets these provisions. BELLE PLAINE 900 South Street East Belle Plaine, MN 56011 Fax: 612-873-4469 Ph: 612-873-2868 LONSDALE P.O. Box 80 601 Lonsdale Blvd. Lonsdale:MN 55046 Fax: 507-744-2339 Ph: 507-744-2338 MONTGOMERY P.O. Box 7 125 S. 1st Street Montgomery, MN 56069 Fax: 507-364-5805 Ph: 507-364-7311 NOTICE OF HEARING TO CONSIDER THE FOllOWING: Itr ~~ INNESO A VARIANCE TO THE SIDEYARD SETBACK FOR DRIVEWAY. MINIMUM REQUIRED SETBACK IS 5 FEET FROM PROPERTY LINE. ON PROPERTY lOCATED IN THE R-1 (URBAN RESIDENTIAL) DISTRICT AND THE SO (SHORELAND) DISTRICT IDENTIFIED AS 15338 SCHROEDER CIRCLE NE, PRIOR lAKE, MN. You are hereby notified that the Prior Lake Planning Commission will hold a public 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, JUNE 14, 1999, at 6:30 p.m. or as soon thereafter as possible. APPLICANTS: H. E. WESTERMAN lUMBER CO. LIEN HOLDER "COMMITTEE" 125 S. 1 st STREET MONTGOMERY, MN 56069 SUBJECT SITE: 15338 SCHROEDER Circle, legally described as Lot 3, BLOCK 1, WINDSONG ON THE LAKE 2nd ADDITION, Scott County, MN. REQUEST: The applicant is requesting a variance to allow an existing driveway that was constructed incorrectly on the lot to be set back from the property line two feet verses the required five feet setback. 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 447-9810 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 To be published in the Prior Lake American on May29, 1999. L:\99FILES\99V AR\99-032\99-032PN .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 NOTICE OF HEARING TO CONSIDER THE FOLLOWING: lit- ~ ~ INNESo A VARIANCE TO THE SIDEYARD SETBACK FOR DRIVEWAY. MINIMUM REQUIRED SETBACK IS 5 FEET FROM PROPERTY LINE. ON PROPERTY LOCATED IN THE R-1 (URBAN RESIDENTIAL) DISTRICT AND THE SD (SHORELAND) DISTRICT IDENTIFIED AS 15338 SCHROEDER CIRCLE NE, PRIOR LAKE, MN. You are hereby notified that the Prior Lake Planning Commission will hold a public 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, JUNE 14, 1999, at 6:30 p.m. or as soon thereafter as possible. APPLICANTS: H. E. WESTERMAN LUMBER CO. LlEN HOLDER "COMMITTEE" 125 S. 1 stSTREET MONTGOMERY, MN 56069 SUBJECT SITE: 15338 SCHROEDER Circle, legally described as Lot 3, BLOCK 1, WINDSONG ON THE LAKE 2nd ADDITION, Scott County, MN. REQUEST: The applicant is requesting a variance to allow an existing driveway that was constructed incorrectly on the lot to be set back from the property line two feet verses the required five feet setback. 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 447-9810 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 Notice mailed on June 2, 1999. L:\99FILES\99VAR\99-024\99-024PN.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 .. .-<",--,"~,-':'i.,,>:-';":"."'-i..'_....,~ . , , . . ,_ _H_._ .'_" ,_'. ,'__,_,...., .,_-.,.._-"'_......_..p-,. __. '._L'';''''~'''';'~:' ...''''_'.,. ..,~'._~_:_#........,...~.. AFFIDAVIT OF SERVICE BY MAIL COUNTY OF scan ) )ss STATE OF MINNESOTA) ~ wg'iJwl of the Cityz;anor Lake County ofScotl, State of Minnesota, being duly sworn, says on the day-6'f.-\lWii\iJ --a 1999, she served the attached li~t of persons to have an interest in the~~ ~VJe;v CO, V~ , 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 , 1999. NOTARY PUBLIC MAILAFFD.DOC PAGB " N//2 SEe. ~ .~ a 'l" i ; ~N ; f ' "ARK Z 194332 o .. o '" ON :5 u OUTt.OT A THE ~?-q3'5 - ()~:-o "" - " ../(1 (" I ~k.~ r~ /J ( ~. ;;~ j. <',:,,~, I' Tlc I,,; !.,r/ f. ) ._" '_c ./ / f ,~...... " ~ -c. -' :!;;:.r " A. ~EC. 34 T. //5 R 22 'lLOS OUTLOT T ~ ROAO .j . 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"'~".""'~""",-". r __ . ......:....~ a....."!-.-''-.,"..:~='"__~.:--:.:.;....." "-:~.ou,,., . . .- . .' ....,. ,; ..-.".'".....~..,_'"",....,~.;.r;;':-""""":"""'''-='''''''';''''''''''''....::". _. _~ ..",,,,..-:.., ............,. .__.". ; ...:.'. ~"""'''';:';'.''_''''''~'''''''<~>'''''<''''"':'':.'''., "_"'4'''''':'''''''~-'',,,,,~';,~, "... '. July 15, 1999 H.E. Westerman Lumber Co. Bob Rotter 125 So. 1st Street, P.O. Box 7 Montgomery, MN 56069 RE: Recording of Approved Variance Dear Applicant: The purpose of this letter is to advise you the Resolution approving your Variance on the property located at 15338 Schreader Circle, Prior Laha, must be recorded within 60 days of approval or the Variance will be null and void per Section 1108.200 and 1108.400 of the City Code. . Enclosed are two certified copies of the original Resolution and a copy for, yourself. One copy of the Variance is to be recorded at the Scott County Recorders office by August 13, 1999. The other copy is to be stamped by the recorders office and returned to the Planning Department as proof of recording. If you have any questions about this matter, please contact me at 447-9810. Sincerely, Steven Horsman Zoning Administrator J:\99fileA\99var\99-032\r,ecdletdoc 16200 tagle CreeK Ave, ~,t.., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER July 15, 1999 Brad & Mary Busse 15338 Schraoder Circle Prior Lake, MN 55372. RE: Recording of Approved Variance Dear Owner: The purpose of this letter is to advise you the Resolution approving your Variance on the property located at 15338 SChreoder Circle, Prior Lake, must be recorded within 60 days of approval or the Variance will be null and void per Section 1108.200 and 1108.400 of the City Code. Enclosed are two certified copies of the original Resolution and a copy for yourself. One copy of the Variance is to be recorded at the Scott County Recorders office by August 13, 1999. The other copy is to be stamped by the recorders office and returned to the Planning Department as proof of recording. If you have any questions about this matter, please contact me at 447-9810. Sincerely, Steven Horsman Zoning Administrator J:\99file~\99var\99-032\recdlet.doc 16200 cagle creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER May 20, 1999 H.E. Westerman Lumber Co. D.W. Westerman, President 125 S. 1st Street, P.O. Box 7 Montgomery, MN 56069 Dear Mr. Westerman: On May 14, 1999, the City received your application for a variance at 15338 Schroeder Circle, legally described as Lot 3, Block 1, Windsong On The Lake 2nd Addition, Scott County, Minnesota. Upon review two items are missing from the submitted application material and must be provided before we will process the variance request. This letter serves as your official notification that the City requires the following additional items: 1. The certified survey submitted depicts a proposed house and shall be updated to show the existing structure and conditions on the lot including the proposed driveway dimensions per the variance request. 2. An impervious surface calculation worksheet must also be completed by the certified survey/engineering company and be included in the variance request as required for properties in the Shoreland District. Upon receipt of the requested information we will process the application and schedule the public hearing within 3 - 4 weeks. The hearing is conducted by the Planning Commission which meets on the second and fourth Monday of each month. Should you have any questions my direct phone number is 447-9854. Thank you for your cooperation regarding this issue. Sincerely, ~~ Steve Horsman Zoning Administrator c: Jane Kansier, Planning Coordinator 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230' / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER January 4, 1999 . Integrity Design and Construction 21140 Honeycomb Path Lakeville, MN 55044 /IPO,/-/ SUBJECT: ~ NORTHWOOD ROAD Dear Property Owner: The Engine~ring DePartment has reviewed the building pefIl1it for the subject ..~...,,_.I.""""is proposed to. '. \:>:'. .'. Watermain, sanitary sewer and storm sewer are locted in this easement. TyPically the City does not allow permanent structures or landscaping in utility easements. You will need to take one of the following two options in order for us to approve your site plan as it is currently proposed. The first option would be to locate the driveway outside of the easement. Your second option is your agreement that in the event the City would disturb your driveway to complete repairs on any of the utilities, you would be responsible for restoration of the driveway surface. If you are in concurrence with this agreement (second option), please sign in the area indicated below and return a copy of this letter to me in the enclosed envelope. If you have any questions or required additional information, please call me at 447-9832. Sincerely, ~~llp~(J Sue McDermott, P .E. Assistant City Engineer CITY OF PRIOR LAKE cc: Robert Hutchins, Building Official I agree to be responsible for driveway restoration within the utility easement in the event the City must repair utilities located in the easement. (1-r~.' o?7o:v~ 7J- '. i-o-CfCj 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNI1Y EMPLOYER ,~ 4_ .' : I I ! :: I' i, " . ...-., . ..-:_~ ~'... . . .... k ~- , 45 46 47 4 ~ " )-. t-I Z' .::> o (.) ! , i .. S" ;1 ~ \~- EXHIBIT - A " '3 4 5 \- 6 - lIo~ . .'- .-- ,..---, "" r~ .;.. ......---::: ~.-'~' . 1- C. E. COULTER & ASSOCIATES, INC. JOHN COULTER PETERSON PROFESSIONAL REGISTERED LAND SURVEYORS REGISTERED IN J/INN., 7rISC. Ii IO.".A UCENSED IN CITY OF MINNEAPOUS P.O. BOX 8900 MINNEAPOUS, MINNESOTA 55408-0900 PHONE (612) 824-0370 FAX (612) 953-le14 3111 NORTH @ 50 0 50 ~ - ~ I 100 I 150 Feet I NOTE: BEARINGS SHOWN ARE ASSUMED DATUM. <\. " 4;> "'Y Q;) <\.' ,"'Y ~~~~ *":> WOOD 1M/< r. Slt,rlT 21" 1000 g t ILl 6 J!:J ~7i &t2/V> yt Uf SS'l33 7 r.f2 I-'"I'j qN """'0 0'. ~co Io\>.;:r> 0::; ~ ... ,.' IV, -: So>. <~" ./.J.o&~ o ~., <.Ie', .~/) IF 1=42"53' 13" LEGAL DESCRIPTION: Lot 3, Block 1, Windsong On The Lake 2nd Addition, Scott County, Minneso ta. NOTE: THIS SURVEY CERTIF1CATE IS NOT VALID WITHOUT COPYRIGHT @ 1996, C.E. COULTER t.l ASSOCIATES, INC. AN ORIGINAL SIGNATURE AND A RAISED SEAL. I HEREBY CERTIFY TILH TIllS SURVEY, PL.4N OR REPORT WAS PREPARED BY :ME OR UNDER }{Y DIRECT SL'PERVISION AND THAT I AM A DULY REGISTERED SURV OR UNDER THE U~S or THE STATE OF }(INNESOTA. ~ 6/6/96 REG. NO 13792 CUENT: PARAGON COMPANIES, INC. JOB NO. 11,579 SCALE: 1" = 50' BK./PG. 783/74 SHEET 1 OF 2 flU"/) ,:'o;/",,' .7 .-..i~,,~~:, . ''" ~. c C. E. COULTER & ASSOCIATES, INC., JOHN COULTER PETERSON PROFESSIONAL REGISTERED LAND SURVEYORS REGISTERED IN MINN., mc. Ie IOWA UCENSED IN CITY OF MINNEAPOliS P.O. BOX 8900 ~INNEAPOLlS, MINNESOTA 55408-0900 PHONE (612) 824-0370 FAX (612) 953-3074 .. NORTH @ , , , , , , ~ N"o/ -Q" ~ ~ ~ ~ a ~ & ~ 5->~ ~~ ~ ~~ ~~o ~ ~~ ~4; 'Y~ """"""" , , , , , , I HEREBY CERTIFY THAT THIS SURVEy, FUN OR REPORT 'AS PREP !RED BY lIE OR UNDER MY DIRErI' SUPERYISION AND THAT I AM A DULY REGISTERED lAND mOR ER THJ;. UlS OF 1"& STATE OF TA. CUENT: PARAGON COMPANIES, INC. lOB NO. 11,579 SCALE: NO SCALE DATE: REG. NO BK./pG. 763/74 SHEET 2 Of 2 ..~. ~pl. / / / N BENCH MARK TOP OF SPIKE ELEV.=956.00 I I""'\T L_V I ~ Oj~I' I { ~~ 11~~1 / / / '-'~. ....;.._....:-~...._""'"...~........_...,..,.:......~._.J.-...,,;.,,....,.., '0.' '._ ..._. .. ...,.~.,;. ._~_"_""'~_"" _....-v,~.~ .,....... CERTIFICATE OF SURVEY For: Stephen & Jenny Field EXHIBIT \r 1""'\1 ITI I""'\-r VU I L_V I ^ 1\ 182.81 S89019'34"W ....., 950.2 In I E---j,- 5 --;>DRAINAGE & UTILITY __.!:."(/ -- EASEMENT PER PLAT \ \ \ \ LOT 4 952.5 x 9~3.1 a a It') BENCH MARK TOP OF SPIKE ELEV.=960.07 I 1""'\ -r L_V I '\ 50 \ \ \ \ \ r- .... ~I '''\ 50 APPROVE~ ENGINEERING ~EPT SfgnedA. / I.nf _ ~i,k,. ~ Da:e.:lj!::if7 \ \ ~ ! ~ ~ NOTE: CONCRETE DRIVEWAY ENCROACHES ONTO LOT 4 FROM LOT 3. AS SHOWN HEREON. SCHROEDER CIRCLE Scale: 1 hch - 30 feet co CO o ~ "" I Page 2 of 2 ~ame8 R. Hill, Inc. 04/14/1999 08:22 6129533971 CE COULTER ASSOCIATE Post-it" Fax Note To Dt:>rJ Co./Dept. 71371 Dale 4-l !aa~s"" From:S'l:)h'V\ ~,..(RSaN Co. ~ l.~ Phone # 8&.Lf-037 0 Fax# <IS ~-~ 7' -, \1 ,/ -. .~ 1:" .,t.I '6.10~. . r.... ~,.J .",;- ,"""'~,'l .. ~.. .... .. 11C"j ,( ,'" !~.~: ,c., ,~~i>6 ' DATE TIME CITY OF PRIOR LAKE. INSPECTION NOTICE ~ ~l c./ ~~~&Jt SCHEDULED ADDRESS OWNER CONTR. PHONE NO. PERMIT NO. o FOOTING o FRAMING o INSULATION o FINAL o FOUNDATION o DEMOLITION o FIRE PREV. o PLUMBING RI o MECHANICAL o WATER HOOKUP o SEWER HOOKUP o SEPTIC INSTALL o PLUMBING FINAL o SITE INSPECTION o EXC/GRADIFILLING o LKSHORE/WETLAND o COMPLAINT o SEPTIC FINAL o FIREPLACE o COMMENTS: {;y~ 4-{'~ ZvJ... ~ / e. I Fr::- L\. I.L '2-0 F'b ~~~ lt9?z7ACJ L{Q F'r ~~6 c~~, ---- - - 'I: -------.. o WORK SATISFACTORY, PROCEED o CORRECT ACTION AND PROCEED o CORRECT WORK, CALL FOR REINSPECTION BEFORE COVERING Inspector: /#-- Owner/Contr: CALL 447-4230 FOR THE NEXT INSPECTION 24 HOURS IN ADVANCE. CODE REQUIREMENTS ARE FOR YOUR PERSONAL HEALTH & SAFETYI ( fl.. ":;; <:"" ( ( v - (_ '- Th. C.nl.r of rh. uk< Coontry White - Building . Canary - Engineering Pink - Planning BUILDING PERMIT APPLICATION DEPARTMENT CHECKLIST NAME OF AF>PLlCANT. It/(~.~. ( t 11(1 I l [( f ( q 1...) (l 'L. APPLICATION RECEIVED :/lI0 ("/ The Building, Engineering, and Planning Departments have reviewed the building permit application for construction activity which is proposed at (r=)/_/~t'(- (-f !,t r c\( (U r- C' C . Accepted ~ Accepted With Corrections v Denied ~-<A'~~ Date: 5-3L)~1 Reviewed By: "The issuance or granting 'of a permit or approval of plans, specifications and computations shall not be construed to be a permit for, or an approval of, any violation of any of the provisions ,of this code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid." ~~-Z?l( Tht' Crn't>r or Cht' Lakr Counlry White - Building , Canary - Engineering Pink - Planning BUILDING PERMIT APPLICATION DEPARTMENT CHECKLIST NAME OF APPLICANT VJ~("S~n11O..L~ Luct1l:JJ2.JL-- 3/30/(( ~ APPLICATION RECEIVED The Building, Engineering, and Planning Departments have reviewed the building permit application for construction activity which is proposed at: (5 -OS?; ~k~rvec:0? I 0-. Accepted Accepted With Corrections Denied Reviewed By: Date: Comments: "The issuance or granting 'of a permit or approval of plans, specifications and computations shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid." -~ -, ~ - - -- - ~- ----- _.~~'--- , --...;-~ ------------ ~~~="!"I===='~ .. --- ,=:::::::,~ == ~ =-::1 '"==' ::: .". - - -- -- --. - --- -----~ - '---." - - - 'iI' -- - - -.. - --~-- - ---,.; .-r'" ," '-' ~~...- f"If .::...--..., ~~.~ ~ ~n.,,~. .~~..~ ~~.,..:..:c"~ _.?!-~... . l"'... ~,'" .f.....1., ." ... ...'( v... ,Ik. _, ~,~........". ,-, ~" - ,~, :?r?'- }.. t ~ ". .~!.(. i'Y_ "'f::tb-.,. t .,~<;~,. ...,.;.-." . J~ "'$.Il" ";:.' "J-~."~~~~~ .. IJv".~ ~.~~, .. ~~.;- i). ~"'.i" - ~.~ _ '" ... ",-",_~~,"--...:...' ~L.J ~ _ _ -!:!' f::~ ..- -~ -- ~~.h ~ ."-"l.II~. ~,..-~:~. :~'!-~ ..~-"- - -.....;~ ~ . . .~..-# '......~~.? ... -.... ~ - ~..- ~ '- ~""';~~::~ ~"",~, .~~~.....~~ !Q\....:;l.- ~~':',; ~ :}l ~.i\ .. q .\ " ->.- . ~:'~-, )..,.;;, ..~ ~. h. 1C --,- ./;~::. ~... ':!:::"..~.~,.:. '~ ---- =-- ..,~~' .".-'-~ ,c...;",.,:..!"').,''',. ......... ?Sl';;" / / / N BENCH MARK TOP OF SPII<E ELEV.=956.00 CERTIFICATE,OFl SURVEY For: Stephen & Jenny Field : \ EXHIBIT \8 1\ I 1""11 1\""1 VUIL_VI A n ~ 950.2 182.81 S89019'34"W _---50.-10------ lC) I E---jl 5 -_ DRAINAGE & UTILITY __::;..,,/' .....->EASEMENT PER PLAT . \ \ \ \ \' \ LOT 4 952.5 )( 9~3.1 o o iii 5- "0 ~ "~ \ o I 1\""1 r- L_ \..J I =1 \ 50 \ \ \ 1...''-. " ., 50 \ APPROVE~ ENGINEERING ~EPT SIgned 1/ u.-N r~.lcn ~a:e~ ;z o NOTE: CONCRETE DRIVEWAY a II ENCROACHES ONTO LOT 4 ~ FROM LOT 3, AS SHOWN HEREON. 9 / / / \ \ SCHROEDER CIRCLE 10 10 o :2 .j>.. James R. Hill, Inc. I! 8ceJe: 1lnch - 30 feet Page 2 of 2 VISJlJM% url/tJ0 - (1t{JtJ: M &rf)u/2rJ' s ff&w s Ff2.<Jm tyq..;2/}G. 6 - 13 ~ 3 I _ ( r b 51/Jif l//f2{) .5t7l!RC/C I ) I ./. . - LA,ocf>,.M~ull( fN/)lc/]~ U5 cA17'D,.J 0 F Cf:Jil/cJZlflb IF S ( ~ eTl2/tC1c [~ ()jN f()/!.in IdJ 7f).