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Home My WebLink AboutVA94-32 Jerry Miller Variance VA cr1_5A PlO#.2.C) -U~7-D2-1- 0 CITY OF PRIOR LAKE APPLICATION FOR VARIANCE "..,..... Applicant: ~~~ j.). M;f1e.... Address: lS~",,3 ~/........J A...u_ Pn."......J.dl... Property Owner: ('?"" JDCl.., .L [J.,...nlAc-...... fJ,"".....~ ") Address: 11.;7..1 elL 't"&-d Type of OWnership: Fee v Contract Consultant/Contractor: .:,s.d+ Home Phone: WOrk Phone: Home Phone: WOrk Phone: Purchase Agreanent Phone: L.{ l.( 7 -'i$ 7 't q l..(;L7-~797 *- ~ ,-7'f.~7 Existing Use of Property: PctJ.. CflQ,,}oJ I poJ O/Jeo'l Present Zoning: 1<.,1 Legal Description of Variance Site: Out leI- A 1.);Tus. 2 nJ) . A{)/)IJ, Variance p.equested: -Si2< \)012;'0.:1.,.... +0 c-~ ~ s1-P- ~.... ~. ~1 o.l-s.u UcJ, 1....:Jih., (,_.1 r.Q_:~<""'S- 0:::...._.....1 I,.cd.........._ d~UJ A 0....1 4~ I~ ~/oc..1t:.. &... 17}....$0 21t../. Has the applicant previously sought to plat, rezone, obtain a variance or conditional use permit on the subject site or any part of it? Yes V"""tib What was requested: When:_ Disposition: Describe the tYE,e of implovements proposed: 3600 ~(h.. /"0'] c......P Jw:.c),:", ~....) <sk-k:,,::-"'. bOil.... ~./I. p.v~o.",;..) fbll."" 10kD Q. ~ stJBMISSION REXJUIREMENI'S: (A)Completed application form. CB)Filing fee. (C)Property SUrvey indicating the proposed developnent in relation to property lines and/or ordinary-high-water mark; proposed building elevations and drainage plan. (D)Certified from abstract firm, names and addresses of property owners within 100 feet of the exterior boundaries of the subject property. (E)Complete legal description & Property Identification Number (PID). (F)Deed restrictions or private covenants, if applicable. (G) A parcel map at lR-20 '-50 , showing: The site developnent plan, buildings: parking, loading, access, surface drainage, landscaping and utility service. ONLY COMPLETE APPLICATIONS SHALL BE AC\";~.J.."ED AND REVIEWED BY THE PLANNIm OJMMISSION. To the best of my knowledge the information presented on this form is correct. In addition, I have read Section 7.6 of the Prior Lake Zoning Ordinance which specifies requiranents for variance procedures. I agree ~. }; provide information and follow procedures as outlined in the Ordinance. ~ ~ ? ~~ App$A' . ts Sign t re Submitted this ~day of .JjIM 19~ h ,] " ~ee cfner ignature THIS SPACE /S 'ID BE FILLED OUT BY "THE P~~ DIRn.".luR /I PIANNI~ <DMMISSION V":,. APPROVED DENIED q-I-q+ DATE OF HEARIm CITY COm:cIL ~1i:r V APPROVED DENIED '1-/ q - qLf Dl\TE OF HEARIr.G ~\N~ ~ CONDITIONS: C:;:::;~ klT7t-CtIW the ~ J:/)JWJ 1Yl '-fllLtf)1j j)/ ~ mj)ti~ (J ~ Signature of the Planning Director Date Cf-22-C]'f- ''V ARFM" VARIANCE CHECK LIST FILE #: q4--32 JllOme-- PID: 2tJ -Of? - 027 - 0 MdJcr- /5503 Calmu}Mt. APPLICANT: SUBJECT SITE: LEGAL DESCRIPTION: Dud/of ,It-, TituS 2"d ftdd..tjOYL , 1. SCHEDULE D~~~INGSLP f-. I, /99 Lf TIME: ~} -1D ' 2. PREPARE AREA :MAP: 3. PREPARE NOTICE: Applicant Property Owners Verlyn - Engineering DNR (if Shoreland) Others: DATE COMPLETED: V STAFF ACTIVITIES: V' V' Scott County Watershed District I \;/ MNDOT Other PLANNING COMMISSION AGENDA PACKETS: v' Staff Report V' Application Form II Applicable Maps V Public Notice v Correspondence V' Other Information STAFF ACTIVITll.lS: (After Planning Commission/City Council Action) 1. MAIL COPY OF APPLICATION, APPROVAL LETTER ("VARAPL"), AND REQUIRED CONDITIONS TO: Applicant Building Inspector DNR (if Shoreland) DATE ~"ffTED: iItl" ~ CJ-2/-C'J+ '1- 2..'2-,t/ 2. AMEND VARIANCE SUMMARY SHEET 3. ADD PERMIT TO PROPERTY MANAGEMENT 4. CREATE FILE LABEL FILE SHOULD CONTAIN: V' V 'j Application Form Staff Report Applicable Maps Public Notice V' V Correspondence Planning Commission Minutes City Council Minutes Other Information \/ ITEM III - Sl JMMJT CO]\j1S I KUCfION - VARIANCE Rick Moradian of Summit Construction, 1609 West County Road 42, BlUnsville, stated he is requesting a lot area variance for a non waterfront lot located in the Shoreland District in order to be buildable. Gina Mitchell, Associate PlaImer, presented the infOlmation as per planning repon of Septemrer 1, 1994. The subject site is approximately 82 feet wide and 120 feet deep, containing 9,722 square feet of lot area ll1e subdivision was platted in 1923 in Spring Lake Township and annexed into the City of Prior Lake in 1973. In 1979, the minimum lot area in the R-l disnict was 10,000 square feet, however, a lot aI"ea variance was not issued to the subject site as it was inadveltently missed by the City at the time of an adminisn-ative land division in 1979. ll1e 278 square foot minimlllnlot area vmiance request is reasonable because the propelty was subdivided within the City of Prior Lake, assessments have been paid on the propelty, and the subject site is a "Lot of Record". Denial of the lot aI"ea variance would render the lot non-buildable which would create aI1 undue hardship with respect to the propelty. Staffs recoIT1ITendation is to approve the variance as requested Jan BallaIU 500 Cedm'lane Circle, Jordan, stated she was the pl"evious owner and would be glad to answer any questions if necessary. Comment" from the Commissioners were on; dIiveway easement, haIuship not caused by applicant, and Valiance is elTor cOITecting for the propelty. MOTION BY LOFfUS, SECOND BY ROSElli, TO APPROVE A 278 SQUARE FOOT AREA VARIANCE FROM THE 10,000 SQUARE Foar MINIMUM LOT AREA REQUIREMENT FOR A NON WATER FRONfAGE LOT LOCAteD IN THE SHORELAND DISTRICf ADDRESS OF 16458 PARK AVENUE, RATIONALE BEING THE SUBJECf SITE IS A LOT OF RECORD, THE SITE WAS ADMINISTRATIVELY SUBDIVIDED BY THE CITY OF PRIOR LAKE, HARDSHIP IS CAUSED BY THE APPLICATION OF THE SHORELAND MANAGEMENT ORDINANCE AND NOT THE ACTIONS OF THE APPLICANT AND WOULD Nor BE De 1 K1MENTAL TO THE HEALTH AND WELFARE OF THE NEIGHBORHOOD. Vote taken signified ayes by Loftus, Roseth, Vonhof, aI1d Arnold, MOTION CARRIED. A recess was called at 8:20 p.m. until the next scheduled agenda item The meeting reconvened at 8:30 p.m. ITEM IV - .lERRY MILLER. VARIANCE Jeny Miller, 15563 Calmut Avenue, stated he is proposing to conSUl.tct a pole building on Outlot A, Titus Second Addition. The building would be used for stOling faIm machinelY and alfalfa bales as he will continue agIicultural production on his propelty and tl1e building would not be used for housing animals. Trees will be planted on tl1e propelty to increase tl1e overstOlY. Blair Tremel-e, Acting PlaI11ung Director, presented the information as per planning repOlt of Septemrer 1, 1994. The request is for a 70 foot nOl1h side and a 90 foot south side Valiance from the 100 foot propelty setback l-equirement for accessOlY fann buildings and a 2,668 square foot al'ea Valiance from the 832 squm-e foot maximlUTI m-ea requirement for accessOlY StIl.1CtlU-eS within the R -1, S uburball Residential Disuict. TIle building is an accessOlY to the ugIicultural use and not to a plimalY building and the council is empowel-ed to allow this. The CUlTent Zoning Srandall.is of the R-l Submban Residential Zone al-e not appropliate for properties not served by municipal selvices. ll1e hal'dship is the result of application of urban development srandmus to a propeny located in tlle nUlll at-ea. Staff is not opposed to tlle gram of minimal setback variances provided tllat a condition stating no animals be housed within or about the pole building. It is also suggested that the building size be reduced in Oluer to provide additional sepm'ation between PLANNING COMMISSION September l, 1994 Page :I propenies. TIle pole building should be located on the most visually inconspicuous part of the lot and should be screened from the adjacent propenies to the nOlth and south. Comnents from the Commissioners were; dimensions of building, building use, building height., 1 ()() foot setback from adjacent home, u'ee line, arld land is being fanned. MOTION BY ROSElli, SECOND BY VONHOF, TO APPROVE A 70 FOOT NORm SIDE AND A 63 FOOT SOU1H SIDE YARD VARIANCE FROM TIlE 100 FOOT PROPERlY SETBACK REQUIREMENT FOR ACCESSORY BUILDING, (CITY CODE SECTION 5-5-2(A), AND A 2,668 SQUARE Foaf AREA VARIANCE FROM TIlE 832 SQUARE FOOT MAXIMUM AREA REQUIREMENT FOR ACCESSORY S1RUCI1JRES WITHIN THE R-1, SUBURBAN RESIDENfIAL DIS1RICf (Un' CODE SECTION 5-5-2(A)3), WITH THE CONDITIONS THAT NO ANIMALS BE HOUSED ON THIS PROPERfY, TIlE LOCATION WOUlD BE VISUALLY INCONSPICUOUS, HAS MET THE STANDARDS OF HARDSHIP, AND IS AN AGRICULTURAL USE. Vote taken signified ayes by Roseth, Vonhof, Amold, and Loftus. ManON CARRIED. MOTION BY ROSElli, SECOND BY LOFTUS, TO ADJOURN THE MEETING. Vote taken signified ayes by Roseth. Loftus. Vonhof, and Amold. ManON CARRIED. The meeting adjoumed at 9: 10 P.M. Tapes of the meeting are on file at City Hall. Blair Tremel'e Acting Planning Director Rita M. Schewe Recording Secretaly PLANNING COMMISSION September 1. 1994 Page 4 September 22, 1994 Jerry Miller 15563 Calmut Avenue NE Prior Lake, MN 55372 Dear Mr. Miller, The following variances from Zoning Ordinance 83-6 were approved by the Prior Lake Planning Commission on September 1, 1994, for Outlot A, Titus Second Addition, subject to the conditions that no animals be housed on this property and that the metal pole building be located in the most visually inconspicuous spot: 1. A 70' north side yard setback variance from the 100' side yard setback requirement for an accessory farm building. 2. A 63' south side yard setback variance from the 100' side yard setback requirement for an accessory farm building. 3. A 2,668 square foot area variance from the 832 square foot maximum area requirement for an accessory structure within the R-1, Suburban Residential Zone. On September 19, 1994, the Prior Lake City Council authorized your request for a 3,500 square foot metal pole building in an R-1 Suburban Residential District, on Outlot A, Titus Second Addition (Section 4-7-4 of the City Code). The variances approved by the Planning Commission will expire on September 1, 1995. If you have any questions, please feel free to contact me at 447 -4230. Sincerely, vJiNJ'1Y'L 1rY)2kdJ Gina M. Mitchell enc. cc. File 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Ou.J/o1-- ;q IS pl24!.)~",-"'(.., pOVl.f- of ".'lc5 ov-.:) Io~ &..V,l \ ~e<-om C" .4 sl1 :c..Ci./J..U0-~ JUo... - IJ..o;.,C$j~~-.JJ o~ iif",~ 1I: . below. 4629 DAKOTA ST SE PRIOR LAKE MN 55372 SCHOOL DISTRICT: v (,-V EXCESS REFERENDA TAX: D~I~~SEfflC& 505 HOLMES ST S SHAKOPEE MN 55379 , SPECIAL TAXING DISTRICTS: METRO. SPEC. TAX DISTS.: MEARS PARK CENTRE 230 EAST FIFTH STREET ST. PAUL, MN 55101 OTHER SPEC. TAXING DISTRICTS: FISCAL DISPARITY TAX: TAX INCREMENT TAX: TOTALS (Excluding Special Assessments) S PROPERTY: 250870060 W P/O 6 1 TITUS 2ND ADDN LYING W OF A LINE COM NE COR OF 6 S TO PT. ON S LINE OF 7 54.01' W OF SE COR OF 7 DOC. 176080 ALL OF LOTS 7 THRU 10 - ~. ~ 0 ~ The market values to the right a. final and are not a subject for the upcoming budget hearings. They were discussed at the local board of review and the county board of equalization hearings held earlier this year. The final market value for 1994 taxes may reflect a reduction under the new limited market value law. SCOTT COUNTY COURTHOUSE 428 HOLMES ST S SHAKOPEE MN 55379 ....K .L UK L..fo\r<..t:. t. J. I Y 60~~ J..!C"Vl.,i...S { o..~ c y1c....J. 0 I- ---- 1 _. rl1UPOSED PRUt"ll;.hTY TAX FOR 1994 i'l, This Is Not A Bill - Do Not Pay I FINAL MARKET VALUE FOR 1993 TAXES: <$<$ 13,400 FINAL MARKET VALUE FOR 1994 TAXES: 1 <4,700 AGRICULTURAL-NONHOMESTEAO YOUR PROPERTY TAX PROPOSED PROPERTY INCREASE OR FOR 1993 TAX FOR 1994 DECREASE OVER 1993 <$ 79.28 $ 107.89 $ 28.61 $ 51 . 60 $ 86.92 <$ 35.32 <$ .. 25.06 $ 81 .92 <$ 34.94 $ 122.99 .. 9.88 41.07 <$ 6.62 <$ 9.78 . 3.16 .. 4.84 <$ 5.80 <$ 0.96 249.32 <$ :::68.32 <$ o W N E R S 119.00 ~- i-Io,.,~ S~~ .-- .,,-. - ....- \ Q<:."~f- ~ " ,"} \ ~, PRESORTED FIRST-CLASS M~L US POSTAGE PAID PERMIT 15'5 SHAKOPEE MN % OF BUDGET HEARING INC/DEC. DATES AND LOCATIONS DEC 14 1993 7:00PM COURTHOUSE-ROOM 109 36.17. SHAKOPEE MN U~~ ~f lYY~ ~:vu ~M COUNG L CHAMBERS 68.47. PRIOR LAKE MN 39.47. 50.17. DEe 1f 1993 5:30 PM DISTR CT OFFICES SHAKOPEE MN 47.77. NOV Z9* 1993 5:00PM MET COUNCIL CHAMBERS ST PAUL MN i .'-:; 19.87. NO MEETING REQUIRED 47.77. PHYLLIS A MILLER 15563 CALMUT AVE SE PRIOR LAKE MN 55372 La -- ~-.;:: ~.-,-_..._----~-;-----,---,---------- .. ,. SCOTT COUNTY PRIOR LAKE REAL ESTATE PAYABLE: t':::?4- PROPERTY DESCRIPTION - ;:OR TAX PUR?OSES ONLY (THE LEGAl DESCRIPTION OF YOUR PROPERTY MAY DiFFER) OUTLOT A TITUS 2ND ADDN THOMAS E. MUELKEN SCOTT COUNTY TREASURER 421 SOUTH HOLMES COURTHOUSE.. 101 ; SHAKOPEE, MN 55379-1389, ' 1 :; NEW IMPROVEMENTS ESTIMATED MARKET VALUE . lAXA~LE MARKET VALUE , 1994 GREGORY J & BARBARA HENNING 13171 PIKE TRAIL PRIOR LAKE MN: 55372 , --- ---. ---.-- ~-=';Btt;~~~~~-"t~"'F;fr;~;~~~..e,.,.,-jl' ,f:(' .""~"-'Ax"',~",~~illiiI r D#. 6984-: TA~{ BILL.;.;; ..;; 14339'1 MI='# CODE -'1 1. Use this amount on Form M.l PR to see if you're eligible for a properly tax refund .....-.............-.......-.................... File by AuguS115. If box is checked. you owe delinquent taxes and are not eligible .......;...................................................... L.:I. 2. Use this amount for the special property lax refund on schedule 1 of Form Mol PR ..........-.....-..........-........................... YOUR PROPERTY TAX AND HOW IT IS REDUCED BY THE STATE 3. Your properly lax before reduction by state-paid aids and credits .....................................:"..................................................... 4. Aid paid by the State of Minnesota to reduce your properly tax ............................................~....................................................... 5. A. Homestead and Agricultural credit paid by the State of Minnesota 10 reduce your prOperly tax .................................. B. Other credits paid by the State of Minnesota to reduce your properly tax ....................::....................................................... 6. Your property tax after reduction by stale.paid aids and credits ..................................................................................................... WHERE YOUR PROPERTY TAX DOLLARS GO. ..;r' 7. County ......................................................;.:...... ....................-............................................-..................-.....----...................... 6. City or town .................................................................................-.................................................................................................................... _.!... sChool distriel 0,720 A. Exce~~vy}~~nda tax ......::.:::;:.::....."..~...1".~~::::;.t.~:;:;;:;;;.:.:;::;::...~....;:::;;::.:;:.:::;..~ __..,... B. Remaining school lax .........................--...--..........-........-................................................... 10. Special taxing districts A. METRO B. OT~ERS c. D. i . --......-.......-.....- ..............~.............. ~ ~. ........h...h................ 11. Non.school voler approved referenda levies ........................................................................................................................................ 12. Total Property tax before special assessments ..............................................................................:......................:............................. 13. Special assessments added to this property lax bill ....h.................................................................................................................... 14. YOUR TOTAL PROPERTY TAX AND SPECIAL ASSESSMENTS ..._...........................~...............h............h.....h._........... THIS TAX' INFOAMAnON HAS BEEN SmTO SOME ESCROW AGEkrs. PAY FRoM i1"0 ;~b~(, .".. THIS COPY ONLY IF AN ESCROW AGENT IS NOT RESPONSIBLE FOR PAYING. Jc NO RECEIPT SENT UNLESS REQUESTED. YOUR CANCELLED CHECK IS YOi,'R RECEIPT. STATE YOUR CHECK IS NOT VALID UNTIL IT CLEARS THE BANK. (V\DV ~ :~ 1 i PENALTY rv '.""; ,.. ~- , ...-1. -' ..... i ':t ... September 12, 1994 Prior Lake City Council 4629 Dakota Street S.E. Prior Lake, MN 55372 Dear Mayor & City Council Members: I am requesting permission, per Article 4-7-4 of the City Code, to construct a pole type building on land presently zoned R-1 but being used for agriculture. The building will be used for machinery and hay storage from adjoining farmland and not intended to house animals. This use is compatible with the surrounding area and not offensive to any other property owners. Sincerely, ~ v- ~<< lJerome A. Miller :/ AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: STAFF AGENDA REPORT 8B BLAIR TREMERE, ACTING PLANNING DIRECTOR CONSIDER REQUEST BY JEROME MILLER FOR PERMISSION TO CONSTRUCT A POLE BUILDING IN A R-1 DISTRICT SEPTEMBER 19, 1994 The applicant desires to relocate a 3,500 square foot metal pole building from a site in the west portion of the City to Outlot A, Titus Second Addition, which is north of Pike Lake. The City Code, at Section 4-7-4, permits metal pole buildings in the A-1 and C-1 Districts and "only in any other district upon approval by the City Council." The code provides that the Council shall exercise its discretion in determining whether or not a building of this type would be compatible with the surrounding area. The code further provides that, "such structures may be authorized by the Council for use as warehouse, heavy equipment storage, or other uses which would tend to be compatible with that type of structure and in a location where it would not be offensive to other property owners or persons within the City". The applicant has indicated that the building would be used for machinery and hay storage from adjoining farm land and is not intended to house animals. The Planning Commission at its September 1, 1994, approved a yard setback variance and an area variance subject to the following: no animals be housed on the property, the location will be visually inconspicuous, the petitioner met the standards of hardship, and the use of the property is agricultural. The matter before the Council is whether to approve the pole building in the R-1 District. The R-1 District, in this case, is not served by municipal sewer and water. The R-1 zoning was established in the early 1970's when rural platting was permitted by the Prior Lake Code. The character of the area is a mix of active agriculture and single family dwellings. Staff did consider the possibility of processing an application to rezone the property to an A-1 or C-1 status: however, the history of the property and the actual development of some of the land with single family homes diminishes the value of that approach (although Staff will be examining this area as the entire City is evaluated with respect to land use guide plan classifications and zoning classifications. The information presented by the applicant both in support of the requested variances and as part of the request brought before the 4629 Dakota 51. 5.E., Prior Lake, Minnesota 553?.f~1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ALTERNATIVES: RECOMMENDATION: REVIEWED BY: Council, shows that the use of the building would be consistent with the agricultural use of the property. The Planning Commission considered the matters of compatibility and visual impact, particularly with respect to the variance for size since the maximum accessory building area in the R-1 District is 832 square feet. The applicant will be dismantling the building on a site west of County Road 83 and north of County Road 82, and re-assembling it on his property. It is Staff's view that the City Code was written to address situations as this; significantly the code is providing for permission to build a pole building and is not requiring a variance. Thus given the actual site layout and proposed location of the building (with the variances granted by the Planning Commission), the matter of compatibility is addressed. 1 . Approve the request for a 3,500 square foot metal pole building on Outlot A, Titus Second Addition. 2. Approve metal building subject to modifications or conditions as developed by the Council during discussion of the request. 3. Deny the request for specific reasons relative to the City Code criteria of use, compatibility, and location. Alternative 1. Staff finds that the review of the variances by the Planning Commission covere(dJ~e issdes of compatibility and location. ("'1 1 '" 1/ i td! Pr;~l Frank Boytes, ti~"Manager / -2- ITEMIJT - SIJMMTT CON~TKlJCTION - VARlANrE Rick Moradian of Smnmit COnSUl.lction, 1609 West COlmty Road 42, BLUllsville, stated he is requesting a lot area vill1ance for a non waterfront lot located in the Shoreland Disu1ct in order to be buildable. Gina Mitchell, Associate Planner, presented the infOlmation as per planning repon of Septemter 1, 1994. The subject site is approximately 82 feet wide and 120 feet deep, containing 9,722 square feet of lot area. The sulxlivision was platted in 1923 in Spring Lake Township and annexed into the City of Prior Lake in 1973. In 1979, the minimmn lot area in the R-1 disuict was 10,000 square feet, however, a lot area valiance was not issued to the subject site as it was inadveltently missed by the City at the time of an adminisn-ative lal1d division in 1979. 1l1e 278 square foot minirmnn lot area variance request is reasonable because the propelty was sulxlivided within the City of Plior Lake, assessments have been paid on the propelty, and the subject site is a "Lot of Record". Denial of the lot al"ea variance would render the lot non-buildable which would create an undue hardship with respect to the propelty. Staff's recommendation is to approve the valiance as requested Jan Ballard 500 Cedal'lane Circle, Jordal1, stated she was the pl"evious owner and would be glad to answer any questions if neceSSal)'. Comment,,> from the Commissioners wel"e on; chiveway easement, halDship not caused by applicant, and Valiance is en'or cOITecting for the propelty. MOTION BY LOFTUS, SECOND BY ROSETH, TO APPROVE A 278 SQUARE FOOT AREA VARIANCE FROM THE 10,000 SQUARE FOor MINIMUM Lor AREA REQUIREN1ENT FOR A NON WAfER FRONTAGE LOT LOCAlcU IN THE SHORELAND DISTRICf ADDRESS OF 16458 PARK AVENUE. RATIONALE BEING TIIE SUBJECf SITE IS A LOT OF RECORD, THE SITE WAS ADMINISTRATIVELY SUBDIVIDED BY TIIE Lil '{ OF PRIOR LAKE, HARDSHIP IS CAUSED BY THE APPLICATION OF THE SHORELAND MANAGEMENT ORDINANCE AND NOT THE ACTIONS OF THE APPLICANT AND WOULD Nor BE DtlKlMENTAL TO THE HEALTH AND WELFAREOFTIIE NEIGHBORHOOD. Vote taken signified ayes by Loftus, Roseth, Vonhof, al1d Alnold. MOTION CARRIED. A recess was called at 8:20 p.m. until the next scheduled agenda item. The meeting reconvened at 8:30 p.m. ITEM IV - .fERRY IVIILLER - VARIANCE Jeny Miller, 15563 Calmut Avenue, stated he is proposing to construct a pole building on Outlot A, Titus Second Addition. 1l1e building would be used for stOling falm machinelY and alfalfa bales as he will continue ag:ricultural production on his propelty al1d tl1e building would not be used for housing animals. Trees will be planted on tl1e propelty to incl"ease tl1e overstoly. Blair Tl"emel"e, Acting Plalming Director, presented the infOlmation as per planning repOlt of September 1, 1994. The request is for a 70 foot n011h side and a 90 foot south side Valiance from the 100 foot propelty setback requirement for accessory falm buildings and a 2,668 squal'e foot al'ea Valiance from the 832 sqUal"e foot maximum area requirement for accessOlY SU1.1CtLU"eS within the R -1, S ubmban Residential Disuict. 1l1e building is an accessolY to the agIicultumluse and not to a plimmy building and the council is emp:lwered to allow this. 1l1e CUITent Zoning S tandlliDs of the R -1 S ubLu'blli1 Residential Zone are not appropliate for properties not served by municipal services. 1l1e hm'dship is the result of application of mbm1 development standa1Ds to a propeny located in tl1e rural area. Staff is not opposed to the grant of minimal setback vruiances provided that a condition stating no animals be housed within or about the pole building. It is also suggested that the building size be reduced in OlDer to provide additional sepm-ation between PLANNING COMMISSION September 1. 1994 Page 3 properties. The pole building should be located on the most visually inconspicuous prut of the lot and should be screened from the adjacent properties to the north and south. Comments from the Commissioners were; dimensions of building, building use, building height, 100 foot setback from adjacent home, tree line, and land is being farmed. MOTION BY ROSETH, SECOND BY VONHOF, TO APPROVE A 70 FOOT NORm SIDE AND A 63 FOOT SOU1H SIDE YARD VARIANCE FROM THE 100 FOOT PROPERTY SETBACK REQUIREMENT FOR ACCESSORY BUILDING, (CITY CODE SECTION 5-5-2(A), AND A 2,668 SQUARE FOar AREA VARIANCE FROM THE 832 SQUARE FOOT MAXIMUM AREA REQUIREMENT FOR ALLtSSORY STRUCfURES WITIllN THE R-l, SUBURBAN RESIDENTIAL DISTRICf (CITY CODE SECTION 5-5-2(A)3), wrrn THE CONDITIONS THAT NO ANIMALS BE HOUSED ON THIS PROPERfY, THE LOCATION WOUlD BE VISUALLY INCONSPICUOUS, HAS MET THE STANDARDS OF HARDSHIP, AND IS AN AGRICULTURAL USE. Vote taken signified ayes by Roseth, Vonhof, Amold, and Loftus. MOTION CARRIED. MOTION BY ROSETH, SECOND BY LOFTUS, TO ADJOURN THE MEETING. ,t~;, Vote taken signified ayes by Roseth, Loftus, Vonhof, and Amold. MOTION CARRIED. The meeting adjoumed at 9: 10 P.M. Tapes of the meeting are on file at City Hall. Blair Tremen~ Acting Planning Director Rita M. Schewe Recording Secretaly PLANNING COMMISSION September 1. 1994 Page 4 "VA3~C" PLANNING REPORT AGENDA ITEM: SUBJECT: PRESENTER: PUBLIC HEARING DATE: 4 CONSIDER SETBACK AND ACCESSORY STRUCTURE AREA VARIANCE FOR JEROME MILLER. BLAIR TREMERE, ACTING PLANNING DIRECTOR _YES LNO SEPTEMBER 1, 1994 INTRODUCTION: The Planning DepaItment has received a variance application for Jerome Miller of 15563 Calmut Avenue, Prior Lake. The proposal is to locate a metal pole building on Outlot A, Titus Second Addition as per attached maps. The specific variances requested are as follows: 1. A 70' nOlth and 90' south side yard variance from the 100' property setback requirement for accessory faIm buildings. (City Code Section 5-5-2(A). 2. A 2,668 square foot aI'ea variance from the 832 square foot maximum area requirement for accessory structures within the R -1, Suburban Residential District. (City Code, Section 5-5-2(A)3). * Please Note: The City Code states that pole buildings may be pelmitted in C-l, Conservation and A-I, Agricultural Zoning Districts. The Code specifies that the City Council can approve pole buildings in other districts provided the Council finds it will be compatible with the surrounding area and not offensive to other property owners or persons within the City. Provided the Planning Commission grants the variances for setback and building area, this application will be forwarded to the City Council for their consideration regarding placing a pole building on the R-l, Suburban Residential zoned site. BACKGROUND: The subject site is part of the subdivision of Titus Second Addition which was approved by the City of Prior Lake in 1974. At that time, the City Subdivision and Zoning Codes pennitted rural area subdivisions. Shortly after the plat was approved, the City Ordinances were amended to prohibit rural subdivision of land. In 1977, the entire road within the plat was vacated, via petition of the developer, with the exception of the west approximately 300 feet. Vacation of the only street providing access to lots 1-10, Block 1 and lots 2-12, and Outlot A, Block 2, Titus Second Addition, resulted in vacating the majority of the plat. The applicant is the owner of pan of the vacated plat consisting of 15+/- acres legally described as Lots 7-10, Block 1, Lots 8-12 and Outlot A, Block 2, Titus Second Addition. The property is 4629 Dakota S1. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER zoned R -1, Suburban Residential however, it is located in the rural service area and is therefore not served by municipal sewer and water. The R -1, zone in this case, was designated in the early 1970's when rural platting was permitted by Prior Lake Code. Due to the rural service area status of the site, the total residential density is limited to the grant of dwelling unit permits to Lots of record and the 4 dwelling unit per quarter/quarter section requirement of the City Code. The applicant requested and received a variance to allow one dwelling unit to be located on the 15+/- acres, on December 3, 1992. The variance grant was subject to the applicant signing and filing a legal document with Scott County stating that the variance would be valid for a 20 year period from the date of variance approval and that no further dwelling unit permits would be granted until such a time as municipal services were available to the site. DISCUSSION: The purpose of this application is to permit the construction of a metal pole building on Outlot A. The area consists of rural residential lots developed with a mixture of single family homes, hobby farms, a YMCA horseback riding camp and farmsteads. The property to the north is developed with a single family home and small shed, the property to the south is developed with a single family home located approximately 63' from the south property line and a large metal pole building. A barn and farm outbuildings are located directly south of the subject site also. The property to the east, owned by the applicant, (Lots 7-10, Block 1 and 8-12, Block 2), are currently planted with beans. The applicant intends to continue agricultural production on the property to the east of Outlot A and seeks the variances in order to move a pole building onto the site to house farm related equipment. The City Code expressly prohibits moving buildings, other than residential buildings within or into the City limits. The applicant will have to assemble and/or construct the pole building on site to conform with the Code. Agriculture is considered to be a permitted use in the R -1 zone. The proposed building is classified as an accessory farm building within the City Code. The building setbacks for the Outlot are the standard 25' front and rear, and 10' side yard standards. However, the Code specifies that "accessory farm buildings shall not be erected within 100' of a neighboring property. In addition, within the R-1 Zone, the Code states that the maximum size of an accessory structure shall not exceed 832 square feet. In order to construct the building as proposed, setback and building area variances have been requested. ALTERNATIVES: 1. Approve the 70' north and 90' south side yard variances to locate an accessory farm building within 100' of a neighboring property; and 2,668 square foot accessory structure building area variance as requested. 2. Approve a modification of the variances requested requmng the downsizing of the structure and/or relocation of the proposed pole building on site. 3. Deny the variances finding that an alternate location exists on the remaining 15+/- acres where a pole building can be located without setback variances. RECOMMENDATION: Alternative I or 3, as per discussion of the Planning Commission. Staff is not opposed to the grant of minimal setback variances for a pole building on Outlot A, provided that a condition stating no animals may be housed within or about the pole building, be placed on the variance. Likewise, staff would not object to an accessory structure building area variance however, it is suggested that the building size be reduced in order to provide additional separation between neighboring properties. The pole building should be located on the most visually inconspicuous part of the lot and should be screened from adjacent residential properties to the north and south. Variance Hardship Standards: 1. Literal enforcement of the Ordinance would result in undue hardship with respect to the property. The Outlot is a lot of record exceeding the minimum area and size requirements of the Zoning District. However, no building envelope exists to construct an accessory farm building on site (which is a use permitted in the Zoning District), due to the 100' separation standard. The lot size and separation standards are the same in the current Zoning Code as they were in 1973, prior to the platting of the subject site. 2. Such unnecessary hardship results because of circumstances unique to the property. The property was platted under the jurisdiction of the City of Prior Lake. The property has an odd shape and contains a large drainage easement (30') versus the typical 10' easement associated with other lots within the subdivision. 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 property was platted and Zoned R-l under the jurisdiction of the City of Prior Lake. The current Zoning Standards of the R-l, Suburban Residential Zone are not appropriate for properties not served by municipal services. The area is rural in character as opposed to the higher density permitted in the same R-l Zone, within the Urban Service Area. The hardship is the result of application of urban development standards to a property located in the rural service area. The current R-l zoning classification of the Titus Addition area is inconsistent with the Open Space land use designation of the Year 2000 Comprehensive Plan. This area will be reviewed for possible redesignation and rezoning as part of the preparation of the 2010 Comprehensive Plan Land Use Plan. 4. The variance observes the spirit and intent of this Ordinance, produces substantial justice and is not contrary to the public interest. The Outlot is a lot of record which exceeds lot area and width standards. As such the lot is eligible for a building permit conforming to the use requirements of the R-l Zoning District. There are several sheds, farm and pole buildings located in the immediate vicinity of the subject site. A pole building would not be detrimental to the health, welfare or safety of adjacent properties. Staff is of the opinion that reduction of the size of the building and relocation to a site on the Outlot to increase the separation to neighboring properties would observe the intent of the Ordinance. w U - > a: w' (/) Q. ~ :E w en ~ a:l M en en ... ,- I :.I , . I i I I I i I ,m, 'II I I I .-~-- -.J /~. I J\ :'~l'-' -L - I J I ~ '. 1 I I i I 11-- : I I ~ y: /' ~ ~ / ( , f ~ J \:< L ~pt5~u :1~.. !~ r- 5 r- I - d,~, '\', '-I~~~! -----11~ -, .' \ \ , '. \ - ! . ,.Jll1 H_J.... c ... II: C z Q n. lU ~j M ~(,.. ~. /~7 r-'~:~:-/~<~ 1__'__,(___-< i l' ~'\-~i \ ,! i III Jj.., J:~1~1 [= =:r<"j - R-1 R-2 R-3 R-4 B-1 B-2 B-3 1-1 ...2 t.lA. 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Ord. 85-08, 6-24-85; Ord. 92-09, 8-17-92; Ord. 93-12,5-17-93) Permitted Uses R-1 URBAN RESIDENTIAL Conditional Uses 1. Agriculture 2. Single-family dwellings 3. Public and parochial schools 4. Public parks and playgrounds 5. Churches 6. Golf courses 7. Truck gardening 8. Licensed day care facilities serving 12 or fewer persons 9. State licensed residential facilities serving 6 of fewer persons 10. Licensed group family day care facilities to serve 14 or fewer children 1. Cemeteries 2. Hospitals and clinics 3. Public utility buildings 4. Public buildings 5. Two-family dwellings 6. Townhouses 7. Planned unit development 8. Open land recreational uses 9. Nurseries and greenhouses 10. Private clubs and schools 11. Charitable institutions 12. Animal kennels 13. Boarding houses 14. Existing neighborhood com- mercial recreation services 15. Public parking lots Permitted Uses R-2 URBAN RESIDENTIAL Conditional Uses 1. Single-family dwellings 2. Two-family dwellings 3. Public and parochial schools 4. Public parks and playgrounds 5. Churches 294 1. Cemeteries 2. Nursing homes 3. Hospitals and clinics 4. Public utility buildings 5. Public buildings 6. Private clubs and schools 7. Licensed day care facilities serving 13 or more persons 8. Funeral homes City of Prior Lake f\) LOT AND YARD REQUIREMENTS: (]I lD I "'" .f:>. , Gross Dwelling Units -'" District Minimum Lot Size Yard Setback ('ft.) Maximum Per Acre Area (sq. ft.) Width Front Rear Side Coverage Normal PUD A-l Aarlcultural Residential 10 acres 330 50 30 20 .1 Other Uses 40 acres 50 30 20 Agricultural Preserves 40 acres .025 R-l Suburban Residential" ("') Single-Family Dwellings 10,000 80 25 25 10 22% 3.5 4.5 ~. Two-Family Dwellings 15,000 85 25 25 10 22% 3.5 4.5 0 Townhouses 2 acres 250 25 25 25 18% 3.5 4.5 ...... Other Uses 15,000 85 25 25 15 'tl ... o' ... R-2 Urban Residential" t-< p :It< Single-Family Dwellings 6,000 60 25 25 10 22% 5.5 7.0 '" Two-Family Dwellings 12,000 75 25 25 10 22% 5.5 7.0 Townhouses 25,000 100 25 25 15 20% 5.5 7.0 Multi-Family Dwellings 30,000 100 25 25 15 30% 5.5 7.0 Other Uses 10,000 75 25 25 15 R-3 Multiole Residential" Single-Family Dwellings 10,000 75 25 25 10 22% 14.0 18.2 Two-Family Dwellings 12,000 75 25 25 10 22% 14.0 18.2 Townhouses 13,000 100 25 25 10 20% 14.0 18.2 Multi-Family Dwellings 13,000 75 25 25 15 30% 14.0 18.2 Other Uses 5,000 50 25 25 15 (]I I .f:>. , -'" 5-4-1 5-4-1 3. Single level of living space, plus storage area or garage of three hundred thirty (330) square feet. (Ord. 83-6, 6-24-83) (P) Residential buildings may be moved into, within or out of the City limits, provided that any relocated residential buildings comply with all ordinances of the City, including ordinances relating to architectural design and materials. Prior to a residential building being moved into, within or out of the City limits, the owner shall obtain a building permit (in the case of a residential building being moved into or within the City limits) and a moving permit, and said permit(s) shall be filed with the City in conjunction with a letter of credit in an amount to be determined annually by the City Council. A certificate of occupancy must be obtained from the City within ten (10) weeks of the date a residential building is moved into or within the City limits; provided, however, that the City Planner, in his sole discretion, may extend the ten (10) week period if compliance with said requirement would result in unnecessary hardship and such hardship is the result of inclement weather or other unforeseen circumstances. If a certificate of occupancy is not obtained within ten (10) weeks (or by the end of any extended period), the City, in its sole discretion, may draw down on the letter of credit and take whatever steps it may deem necessary to bring said relocated residential building into compliance with all ordinances of the City. In the event the City draws down on the letter of credit in order to bring a relocated residential building into compliance, ten percent (10%) of the total letter of credit shall be paid to the City as its administrative fee. t Structures other than residential buildinps (such as garages and sheds) shall not be moved into or within the City limits, but may be moved out of the City limits. Prior to a structure being moved out OT the City limits, the owner shall obtam a movmg permit, ana said oermit shall be filed with the City in conjunction with a letter of credit lD...Pn amount to be determined annuallv bv the City Council. The site of any residential building or other structure that is moved out of the City limits must be backfilled to match existing grades with suitable materials. The site shall be planted and reclaimed simultaneously with the move of the structure. If the site is not backfilled, planted and reclaimed within one week of the date a residential building or other structure is moved out of the City limits, the City, in its sole discretion, may draw down on the letter of credit in order to backfill, plant and reclaim the site. In the event the City draws down on the letter of credit in order to backfill, plant and/or 294 City of Prior Lake 5-5-1 5-5-2 (C) Any nonconforming structure damaged by fire, flood, explosion or other casualty to an extent exceeding fifty percent (50%) of its fair market value as indicated by the records of the County Assessor, if replaced shall conform to the requirements of this Title. (0) In the event that any nonconforming use, conducted in a structure or otherwise, ceases, for whatever reason, for a period of one year, or is abandoned for any period, such nonconforming use shall not be resumed. (E) Normal maintenance of a nonconforming structure is acceptable including nonstructural repairs and incidental maintenance. ,k 5-5-2: ACCESSORY USES: The following provisions shall apply to accessory uses: (A) Accessorv farm buildinas shall not be erected within one hundred feet (100') of a neiohboring property. 1. Feed lots, runs, pens and similar intensively used facilities for animal raising and care shall not be located within three hundred feet (300') of a neighboring property. 2. Roadside stands for sale of agricultural products shall be per- mitted if: a. They are erected at least fifty feet (50') back from the nearest edge of roadway surface. b. They are used exclusively for the sale of agricultural products. c. Parking space is provided off the road right of way. d. They are removed if not in use. (Ord. 83-6, 6-24-83) * 3. In R-1 Residential areas, accessory structures shall not exceed the coverage ratio of the principal structure or the maximum of eiaht hundred thirtv two (832) sauare feet. whichever is less. (Ord. 90-07, 5-21-90) (8) For construction of swimming pools, see Title 4, Chapter 4 of the Prior Lake City Code. 292 t 4-7-3 4-7-6 If such request for preliminary approval of materials granted by the City Planner and Building Inspector or the Council, as the case may be, the sketch and other Information shall be properly marked for Identification by the Building Inspector and be filed in his office and such data shall become a part of the building permit application when filed. 4-7-4: POLE BUILDING: A Dole buildina which shall be under- stood to mean any buildina uslna wood or metal poles as a orinciQle structural suooort to achieve alianment and bearina caoacitv ~ be germltted In Zonina Districts A-1 or C-1 and onlv In any other district upon aooroval bv the Cltv Council. Said Council shall exercise Its ~etlon In determlnina whether or not a buildinQ of such type will be comoatible with the surroundina area. Such structures may be authorized bv the Council for use as warehouse. heavy equipment storage. or other uses which would tend to be comoatlble wltn that tvoe of structure and In a location where it would not be offensive to other orooertv owners or oersons within the City. 4-7-5: ZONING CODE: This Chapter shall be deemed supplemen- tary to the Zoning Code and the Construction Code of the City and shall be enforced in harmony and in conjunction with each, 4-7-6: APPEALS: Any person aggrieved by a decision of the Build- ing Inspector regarding the use of certain materials or regarding questions of architectural design shall be entitled to appeal the Building Inspector's decision to the City Manager and. if still aggrieved. he may appeal to the City Council. (Ord. 79-5.12-8-80) 491 _Fa (!I- (!) 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(7) fC-1 ~i!il-1:,cu- ~ - fM/i'r?iL-& at/dcvl7V~. /) I QoG tiJ 6")fwuCJ..f2.. ()c:; /~51/o p~ fi G~<J~ u~ _ {rCCUXXlrj- 4tvvff} 8/d 1J 5fvt/1 MI k /ou ) '6?{ A/&Jl6, ~~ . - vu clc~ ";I t-;/''L J) !{ -j ;2e{) a/l..l~ - ~. Sf"y-uC.-/u1 te4 "S Mil tu I- ~~ !tv t#/j.i/!uy /~/I() 6 (J1.t? ~ 5~cjL;~ (it tf3d fJ ttJl }6/cp-o l/J "VA32PN" NOTICE OF HEARING FOR VARIANCE APPLICATION You are hereby notified that the Prior Lake Planning Commission will hold a hearing in the City Council Chambers located at City Hall, 4629 Dakota SU'eet S.E. on: Thursday, September 1, 1994 at 8:30 p,m. APPLICANT: Jerome Miller 15563 Calmut Avenue Prior Lake, MN 55372 SUBJECT SITE: REQUEST: Outlot A, Titus Second Addition The applicant proposes to locate a SO' x 70' metal pole building on the southeast comer of Outlot A, Titus Second Addition. See attached map for reference to the pole building location. The Prior Lake Zoning Code, Section 5-5-2(A) specifies that accessory farm buildings shall not be erected within 100' of a neighboring propelty. The proposal is to locate the pole shed 10' from the south property line. The applicant has requested 70' n01th and 90' south side setback variances to construct a pole building on Outlot A. The Zoning Code also specifies that the maximum size of an accessory structure within the R-l, Suburban Residential Zone is 832 square feet. The applicant requests a 2,668 square foot variance to allow construction of a 3,500 square foot pole shed. If you are interested in this issue, you should attend the hearing. The Planning Commission will accept oral and/or written comments. 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. Prior Lake Planning Commission Date Mailed: August 25, 1994 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER /, VIf 3;<!J1L II NEW ABSTRACTS CONTINUA TlONS CLOSING SERVICE REGISTERED PROPERTY ABSTRACTS TITLE INSURANCE RECORDING SERVICE SCO I I COUNTY ABSTRACT AND TITLE, INC. 223 HOLMES STREET. P.O. BOX 300 SHAKOPEE, MINNESOTA 55379 David Moonen and Dale Kutter Kerry Meagher, General Counsel TELEPHONE: (612) 445.6246 FAX: (612) 445-0229 August 17, 1994 :f Jerome A. Miller 15563 Calmut Avenue NE Prior Lake, MN 55372 To Whom it may concern: According to the 1994 tax records in the Scott County Treasurer's office, the following persons are listed as the owners of the property which lies within 100 feet of the following described property: Outlot A, Titus 2nd Addition, according to the recorded plat thereof on file and of record in the Office of the County Recorder in and for Scott County, Minnesota. WILLIAM F & KATHLEEN HENNING 13208 HENNING CIRCLE NE PRIOR LAKE MN 55372 JOHN O'LOUGHLIN 2988 VALLEY VIEW RD SHAKOPEE MN 55379 GREGORY J & BARBARA HENNING 13171 PIKE TRAIL PRIOR LAKE MN 55372 GLENN E & GAIL R COZINE 2318 PIKE LAKE RD SHAKOPEE MN 55379 PHYLLIS A MILLER 15563 CALMUT AVE SE PRIOR LAKE MN 55372 ROBERT L CONRAD & WIFE 12600 PARKWOOD DRIVE #314 BURNSVILLE MN 55337 JEFFREY A & DINA M MENKE 4511 NE JACKSON TRAIL PRIOR LAKE MN 55372 ()Pt7~ David E. Moonen President -..'": SCOl1COUNlYABSTAAc~t"' ..~ AND TI11f.IlCo t IJcenaedAbslnlciar i 14 StatedMlnnesotll I ">..,.............~,;JJo-.____ _ ...... ............ _..._..:...~ MEMBER MINNESOTA LAND TITLE ASSOCIATION AGENT FOR CHICAGO TITLE INSURANCE COMPANY I '" .. '- / , .. "'\ '- - 1""'1" . Je~ (N t!RJ\., ~;""" 5;~~ q~() f- )t1UAY1ea.-1 16 )1A) -- \J;'1i io uri-h. ,\, ~bMW. ,~, ~ ,..'_'~'~~- -~~:,!l;/~~tIt"...,.t'"~''' ".__,. _ "_ l~r.r"~~t'.,~..~,,, .l' .. ",!:'h'. ': '_ c , . I - . . It " e - ') I';....b ?!- v&-~ ..--' PIDt CITY OF PRIOR LAKE APPLICATION FOR VARIAtOl AR;>licantz Ph.. 111'& A. IY1d/(A. Address: u:i:!iJ-t.3 . Ceo J"",...I:..1i...c. 1lJ1l" P~...'t'o:.:rty CMler: s" ~ 'C Address :. Type of CMlership: Fee. v Contract Consultant/COntractor I ,BaDe phone: '-II.( 7 - fj" 7 q Y 'fiork Phone: '('1 ., - 'it'7 so fs ,Heme Phone: Work poonet Purchase ~reement ~hone: Existing Use Q 1 of Property: .po..l~1 "'s Present Zoning:_.." - Legal Description of Variance Site: A H..c.~c.cl, Variance Requested: ~_,,",.....R V~1f I~"'U-tlt. tt.o...uJ .-0 (I. ;..... 9c..l(Pe.~~ ~-i ~ '1.9.L.,tLc...... ~ c.... 9" ~ ~ ~~, , ~ ')~? . , Bas the applicant previously sought to plat, rezone, cbt~in a variance or conditional use peanit on the subject site or any part of it? __Yes R> What was requested: When: :Disposition: Describe the type o( improvements proposed: ~ i...w.~ -io ;)"c..(.....P-;,.. -1 ~~IA.III.f' .!I.:cIlflilJ-C. ~:~ ~f!...fJe~.-1 "'" -od ~ c..,~ DJ b...rIJ'-~ 1 aJDl4ISSION .lW.AJ.LR91ENl'S: CA)caopleted application fonn. (B)Filin;J fee. (C)P~.J~rty &lrvey indicatiB] the proposed developnent in relation to property lines and/or ordinaIY-hi.glrwater mark, proposed buUding elevations and drainage plan. (D) Certified fran abstract fim, names and addresses of property owners within 100 feet of the exterior boundaries of the subject property. (E)Canplete legal description & Property Identification a.mber (PID). (F)Deed restrictions or private covenants, if awlicable. (G)A parcel map at lW-20'-50' showin;J: The site de'lelopnent plan, buildings: parking, loading, access, surface drainage, landscapiB] and utility service. ONLY cntPLErE APPLI~TIONS SIALL BE ACu:.rJ:w AN) RE.VIEMD BY THE PLANNIR:; crMMISSION. To the best of l1fi knowledge the infoDn8tion presented on this fom is correct. In addition, I have read Section 7.6 of the Prior Lake Zoning Ordinance which specifies requirenents for variance proceclures. I agr~ ~~ information and follow the procedures as outlined in the Ordinance. ~ a ~ ~ Signature . suanitted this !Lday of (lJou ;L9~ . a ~ F Otmers Signatm-e THIS SPACE IS it) BE FILLID OUT BY 1m: PIANNIR:; DIRECl'OR PLANNING a:tIUSSION ..:::L- APP107FD DENIm IJ. 1- '71 Da\TE CR BFARIR:; CITY c:otnaL APPEAL . AUI."4ImJ DENIm OI\TE CP BEARIt.G <mmTIONS: SJh)/tI -fi 6,fl/v/ A/~(U(J d..lJqu~ ,vlt-. :9'-H:I ~~ /J..1-t!f~ D!lte Signature Of the PlannJn] Director ... ........,.", '- , PLANNING COMMISSION MINUTES DECEMBER 3, 1992 ") The Decemb~r 31 1992, Planninq Co~ission Meetinq was called to order by Cha rman Roseth at 7:30 P.M. Those pres~nt were Commissioners Loftus, Arnold, Greenfield and Roseth, Dl~ector of Planning Horst Graser, and Secretary Rita Schewe. Comm~ssioner Wuellner arrived at 7:45 P.M. ITEM I - REVIEW MINUTES OF PREVIOUS MEETIN~ Commissioner Greenfield wished to ~larify the motion on paqe 4, paraqraph 8, second line, by addinq the words liTHE BY-LAWS OF THE CITY COUNCIL IN CHAPTER J," to the motion. This sentence was not included at the time of the motion, but reference had been made to the chapter durinq comm!ssioner Greenfield's presentation. After consultinq with Mr. Graaer the amendment was made. MOTION BY LOFTUS, SECOND BY ARNOLD, TO APPROVE THE MINUTES AS AMENDED. Vote taken signified ayes by Loftus~ Arnold, Greenfield, and Roseth. MOTION CARRIED. ITEM II - JEROME MILLER - VARIANCE EXTENSIO~ Jerome Miller, 15563 Calmut Ave. NE, represented his wife, Phyllis Miller, who is the applicant. The request before the Commissioners is an extension of a variance that had been granted to William Henninq on september 17, 1992, by the City Council. Mr. Miller stated that he and his wife are not ready to build ard would like additional time to prepare plans. M~. Graser presented the information as per meuo of December 3, 1~92. The property in question had b..n .old to the applicant after the varIance was qranted. city Attorn.y Glenn X....l drafted an aqr.em.nt settinq forth the stipulations of the findinqs of fact and that the variance will run with the land for a period not to exceed twenty years. However, becau.e the twenty year time frame was not speclfically cited in the findinqs of facts, Attorney Kessel suqgosted that a separate variance be filed to clarify the time limit issue. p.ndin; the d.oislon by the commi.sion.r. on this variano., Staff will contact Harold Bohl.n to d.t.rmin. hi. int.r.st in obtaining a slmilar clause to a comparable varianc. granted to his property located south of the Titus Addition. I 1 .t " r- ! r- f. ~: -' . . \ 4629 Dakota St. 5.E.. PrIor Lakl, MInntIota 55372 I Ph. (612) 4474230 I Fax (612) 4474245 AN ~ 0PP0ImJNITV DI'LCMR IJ'Wl;,"- ftr.' , PLANNING COMMISSION MEETING MINUTES OECEMBER 3, 1992 PAGE 2 Comm.nts fr.om the Commissioners were on th. 2~ year time liNit and all were in agreement of the ext.ension. MOTION BY LOFTUS, SECOND BY GRF.ENFIELD, TO APPROVE THE VARIANCE EXTENSION FOR LOTS 6 - 10, BLOCK 1, TITUS 2ND ADDITION AND LOTS 7 - 12, BLOCK 2, TITUS 2ND ADDITION. RATIONAL BEING THAT IT IS FEASIBLE UNDER THE CIRCUMSTANCES TO STABILI~E THE VALUE OF THE PROPERTY, IT WOULD NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE OF THE NEIGHDORHOOD, AND THAT ANOTHER LAND OWNER IN A SIMILAR SITUATION WILL HAVE THE SAME OPPORTUNITY. \ "\ Vote taken signified ayes by L~ftus, Greenfield, Arnold, and ROS6th. MOTION CARRIED. An update of ongoing projects was given by Mr. Graser. · ITEM III ~ COMMISSIONER GREENFIELD - CONTINUATION OF DISCUSSION ON PLANNING COMMISSION 'OU',l:'.iES' .. , The items on Attachment A number~d from 1 to 9 and Attachment B were discussed and each commented on separately. Some changes were made to these items. Comment. were on conducting public hearings to soli~it opinions from the community and send questionnaire. to all household.. consensus was that it is too soon to chanqe the By-Laws. Que.tionnaire will be compo.ed at the next meetinq. Carl Hanson, 4065 Ra~pberty Ridge, stated tho proposed dttachments expands on what is already in place and gives further definition of the existing ordinance. MOTION BY GREENFIELD, SECOND BY ARNOLD, THAT THE PLANNING COMMISSION WILL ADOPT THE FOLLOWING, BUT NOT LIMIT~D TO THESE ACTIONS TO COMPLY WITH Th~ BY-LAWS OF CITY COUNCIL IN r.HAPTER 3, SECTION 1, PARAGRAPn 2-3-4: DUTIES OF COMMISSION SUB PARAGRAPH (A) . 1 . SCHEDULE AN ONGOING OPE~ l'lORlCSHOP, AT LEAST ONE BUT NOT LIMITED TO ONE EACH MONTH, TO ACCOMPLISH THE FOLLOWING: A. CONDUCT NEIGHBORHOOD WORXSHOPS BY SPECIAL INVITATION OF THE PLANNING COMMISSION ON A ROTATING BASIS TO COVER ALL PLANNING DISTRICTS OVER A 2 YEAR PERIOD. NOTIFICATION SENT TO ALL. SOURCE OF DI~9EMINATION TO BE DECIDED. B. INVITE GUEST SPEAKERS FROM MN PLANNING, PLANNING CONSULTANTS AND PLANNERS FORM lOCAL COMMUNITIES, ETC. TO SPEAK TO THE COMMISSION ON A PJ:GUt,~ BASIS. ~ U'V'ITE LOCA:' ARE'.A RESIDENTS TO SPEAK REGARD!NC CONCERNS OF ANY NATURE IN OUR COMMUNITY. 2. CREATE A QUESTIONNAIRE FOR MAILING TO ALL HOUSEHOLDS AND BUSINESSES IN PRIOR LAKE. SOURCE OF DISSEMINATIOP TO BE DECIDED. C. J , ...... ,.'.'~ ~;.:.-::.:::..:~..;,.-_...............,...,..-:::''::'''';'~'~~~.'~.:'"''::~.'''.. ___~::::::":::"::'':='''':'':-'~~:J..-:: .;.-;;.:...:,~~~~;.::;;.~":'~- Jii....t:...'.."....\~.'..;. ;:?' "~',., ".,....., . '(e"S "VA20P2" prANNING REPORT SUBJECT: APPLICANT: SITE ADDRESS: PRESENTER: PUBLIC HEARING: DATE: CONSIDER VARIANCE EXTENSION PHYLLIS MILLER SEE ATTACHED LEGAL DESCRIPTION HORST GRASER, DIRECTOR OF PLANNING YES X NO DECEMBER 3, 1992 HISTORY/BACKGROUND: On September 17, 1992 the City Council granted a variance to William Henning to allow the construction of one additional dwelling unit on his property. The variance requested was from the four per quarter/quarter section requirement of the zoning Ordinance for lands located within the rural service area. See attached planning reports for reference to this item. The City Council granted the density variance subject to findings of fact dated August 17, 1992. The variance to allow one additional structure on the subject site was approved subject to an executed agreement restricting further issuance of building permits on the site until urban services are installed. The agreement must be filed with the Scott County Recorder's Office in order to effect the variance approval. City Attorney, Glenn Kessel drafted the attached agreement setting forth the stipulations of the findings of fact. The purpose of this applicatior. is to vary the one year time limit on variance applications required by section 7.7 of the Prior Lake zoning Ordinance. william Henning sold the property to Jerry Miller after the initial variance hearing. Mr. Miller is willing to sign and record the attached agreement limiting further development on the property, sub~ect to an understanding by the city that the variance will run w1th the land for a period not to exceed twenty years. Staff supports the language provided by Attorney Kessel, in item 3, page 2. However, because the twenty year time frame was not specifically cited in the findings of fact, Attorney Kessel, suggested that a separate variance be filed to clarify the time limit issue. Pending the decision of the Planning commission on this variance, staff will contact Harold Bohlen to determine his interest in obtaining a variance to incorporate a similar clause into the findings of fact for a comparable variance granted for his property, located south of Titus Addition. RECOMMENDATION: The recommendation from staff is to approve the time limit extension to twenty years, as recommended by City Attorney, Glenn Kessel. A '1'\'\., i' ,', I 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph, (612) 4474230 / Fax (612) 447.4245 AN EQUAL OPPORTUNITY EMPlDVER __"___..1!....::.-!l~.~____ _ __,,,..,-_b.- '~.' "..-. _...~.-:='~-.::.:.:.=:~ "VA20P3" NOTICE OF HEARING FOR ' VARIANCE You are hereby notified that a hearing will be held by the planninq commission in the Prior Lake council Chambers at 4629 Dakota street S.E. on: THURSDAY. DECEMBER 3. 1992 at 7:30 P.M. PURPOSE OF HEARING: To consider a variance application for Phyllis Miller, 15563 Calmut Avenue. SUBJECT SITE LOCATION: Lots 6 - 10, Block 1, Titus 2nd Addition & Lots 7 - 12, Block 2, Titus 2nd Addition. See attached map. REQUESTED ACTION: The applicant requests that the Planning commission grant a variance to the one year time limit placed on a previously approved variance for william Henninq. William Henning was granted a variance on August 17( 1992 which will allow for the construct10n of one new single family home on the subject site( indicated upon the attached map. A varlance, according to Prior Lake City Code, expires after one year if construction has not begun. Mr. Henning sold the property to Phyllis Miller who is the current applicant. It is her intent to build a new single family home at some point in the future. However, it is likely that the home would not be built by August of 1993. Therefore, the applicant requests a time limit extension on the variance originally approved for Mr. Henning. The proposed extension period would allow the variance to be valid for a period not to exceed 20 years. If you desire to be heard in reference to this matter, you should attend this meeting. oral and writt9n comments will be accepted ny the city council. For more information, contact the Prior Lake Planninq Department at 447-4230. Prior Lake Planning Department DATE MAILED: November 25, 1992 4629 Dakota St. S.E.. PrIor Lake, Minnesota 55372 I Ph. (612) 4474230 I Fax (612) 447.4245 AN EQUAL OppORTUNITY EMPLOYER ,- ......'...' ".~!.."!,,'''''''.J1:'''''''-'''''''~-_:' , _~"Il"'~~ - ---.-,,-.--..--.----.---.--------------.--. I \ .. . , -""'-..- ... -' . " / N //2 SEC. 23 T. //5 R. 22 l . .~ ~ ~ ~ fi II 11I1 I. ' NW 1/4 NW 1/4 ,,~~"'L.__ ~ ~ I . . ...\. .;'$ . ,..: . . I :} ...- c U '!:J ~\~ - .. 't ,. ,;- ":11--1 ~-.,,;:---- ,w P'/ ~ ,~/ ~,.;. -'" ......... " I . . I ~- ~'s. I I I - -- I I ~~ ~:~ ~~ F _ . ..c. .40'" . ''"'L "i. 'j,~ :,>,~~l/,_, 4" ,', ." ..>,,>' ..,_.,_\.'-~-'''''''''''' "....- ~ ,., ,.-..~....-.."',..... ...."., Lommen, Nelson, Cole & Stageberg, RA. ATfORNEYS AT LAW WRmIR'S DIIU!CI' DIAL NUWBIlIl: JOBL W. LAVINTMAN 'AUL L DlNOER UHC" DI11lA t IHllll D. ULLAND WARLBNB S. OARVIS JD HMlt U1D" UNDQUIfi JANII C. IBARLS JAWU R. JOHNSON . TBaRANCB W, WOORB LINDA 0. AXJ!lJlOD CI.AIO 0. ~USINO WAaC A JOHANNSIlN AMOBLA W. AWlN 'A'IUS" WcDB\UotOIT ADAM UMI'IIty IT'BYBN L ntBllSPl!LO lIoUI\y A O'NBlL WIUJAN S. WHrTl! WARYL KINO v......... L 01WlN LBONAaD T. JUITRa · HINlY H. '11 UNA ALVIN" NALNON aoMALDl. HAKYrIZ ~A.COLB. ......1. N, ITAO....O . aoo.. Y. ITAOaBlaO OLINN a. I.IIIIL THONAI J., JACOIION . JOHN N, OIILIN · JOHN........ t 1. atUl'OI'tmR CUNIIO THONAlP,DOUOHIJ.TY ITACaY A. DtItALI IA V NOaD HUNI' aICHA.D L. .LAOINI NICHAIL .. IH.ovla t IIItaICH L lOCH NAI<<Ia L IODAI Wi8 No LOCIDIAlT ftIIPHIIN Co aA'I1tD 1100 \DI CIlHI'BIl 10 IIOlTnt .:.. 01'..,: J naBBT a N\NNIAPOlA WINNl!9OTA SSG 'J1ILBPH()tIB ('12) >>NUl W .. ., WATlIJne 1....752-4297 PAX (612) ..... IOl1I1tSIDB "!'.!,. w:, ~ surnt 2A 1... ClIIS'MBW DlIYB a HUDIOfl. WI!CONSIN S4016 11D.JIPH(lNB ('7U) -.at7 ,.. CIIr LIIM (612) -- PAX(1U)~ RBPL Y TO: MINNE'.APOUS OPPlCE 336-9338 pp COUNS2I..: V.OWBH NELSON JOHN .. LOMMEN (1927.1_) WYMAN SMml (Retlndl MARKSUWVAN (Rllindl . Certln.. Civil Trllllr.ollllll . Carlin.. a'll 111111 peellllll December 18, 1992 Mr. Horst Graser Planning Director city of Prior Lake 4629 Dakota street SE Prior Lake, MN 55372 Dear Horst: Per your request, enclosed please find an original and two oopies of the revised Agreement between the city and the Millers. Please give me a call should you have any questions or changes. Very truly yours, LOMMEN, NELSON, COLE & STAGEBERG, P.A. (g~l- R. I~ Glenn R. Kessel (S<.) GRK/stl prior/graser Enclosure ,1 ,..,t.- "', ,.t,.,lIo:'_"'~,.; ".~..;.. ". ., AGREBDI'! THIS AGREEMENT, made and entered into as of this of Deoember, 1992, by and between Phyllis A. Miller, fee owner, married to Jerome A. Miller (oolleotively "OWner"), and The City of Prior Lake, a Minnesota munioipal oorporation ("City'.). RECITALS WHEREAS, Owner is the fee owner of the following described property located in the City, Scott County, Minnesota: Lots 7, 8, 9 & 10, Blook 1, Titus 2nd Addition, Soott County, Minnesota, and Lots 8, 9, 10, 11 & 12, Blook 2, of said plat; and that part of Lot 6, Block 1 of said plat and that part of Lot 7, Block 2, of said plat lying Westerly of the following described line: Beginning at the Northeast corner of said Lot 6, Block 11; thence Southerly to a point on the Southerly line of said Lot 7, Block 2, distant 54.01 feet Westerly of the southeasterly corner of said Lot 7, and there terminating; ALSO all that part of Foothill Trail, vacated, as oontained therein. (the "Property"); and WHEREAS, OWner submitted an application for a grant of a variance from the city to allow the Owner to oonstruct a single family home on the Property, which grant would be in excess of the density permitted under City Code S5-4-1(n), and WHEREAS, by resolution of the city dated August 17, 1992, the City granted OWner's variance application conditioned upon the OWner executing and recording an Agreement restricting further issuance of residential building permits on the Property until said Property is serviced by city sewer and water; and WHEREAS, the parties believe it in their best interests to enter into this Agreement in order to satisfy the condition by the city to the grant of said variance; __...-~'~", .........n"__~o_ 0 ..'l,~"'\:".; >, '",,'> ~.,.,o<;. .... ~.' ., dO" no)" "".,.~,~'.~~"c ~ ",'. ,"'''') ........ " . .,'.,.......~..~ ,,'" ..,- NOW, THEREFORE, in oonsideration of the grant of the variance and other mutual promises and agreements contained herein, the parties aqree as follows: 1. Property subject to this Agreement. The Property which shall be held, conveyed and occupied subject to this Aqreement is leqally described as follows to wit: Lots 7, 8, 9 & 10, Block 1, Titus 2nd Addition, Scott County, Minnesota, and Lots 8, 9, 10, 11 & 12, Block 2, of said plat; and that part of Lot 6, Block 1 of said plat and that part of Lot 7, Block 2, of said plat lying Westerly of the following described line: Beginning at the Northeast corner of laid Lot 6, Block 11; thence Southerly to a point on the Southerly line of said Lot 7, Block 2, distant 54.01 feet Westerly of the Southeasterly corner of said Lot 7, and there terminating; ALSO all that part of Foothill Trail, vaoated, as oontained therein. 2. Restriction. The OWner, their personal representatives, successors, transferees and assigns covenant and agree to restrict the Property from further construction of additional single family home residential structures on the Property and/or application for City building permits for such structures until said Property has been serviced by City sewer and water. 3. Duration. This Agreement and the covenants contained herein shall run with and bind the Property and shall inure to the benefit of and be enforceable by, the OWner of any portion of said Property subject to this Agreement, by the City and by the respective heirs, devisees, legal representatives, suooessors and assigns for a term of twenty (20) years from the date this Agreement is recorded with the Scott County i J I 2 Recorder, after which time this Agreement and the oovenants oontained herein shall be automatically renewed for successive periods of ten (10) years. 4. Enforcement. The City and/or the owner of any portion of the Property shall have the riqht to enforce this Aqreement by any proceedinq at law or in equity, or both, aqainst any person violating or attempting to violate the covenants contained in this Aqreement to restrain suoh violation and/or to recover damaqes resulting from such violation. The failure of an owner of any portion of this Property or the City to enforce the covenants shall not be a waiver of the right to do so thereafter. 5. Invalidit~. The invalidation of any provision of this Aqreement shall not affect any of the other provisions herein, whioh shall remain in full force and effect. 6. Complete Agreement. This Agreement contains the entire agreement of the partJ.es i..:'reto, and no representation., inducements, promi... or aqreement., o~al or otherwise, among the parties not embodied herein shall be of any force or effect unless chanqed, amended or waived by a subsequent writing signed by each of the parties, IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the date and year first above written. "OWNER- PhylliS A. Miller Jerome A. M1!!er 3 . .." ACKNOWLEOGMENT STATE OF MINNESOTA ) )IS. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me thil day of Oecember, 1992 by Phyllis A. Miller and Jerome A. Miller, wife and husband. Siqnature of Person Takinq Acknowledgment ..CITY" By Lydia Andren Its Mayor By Itl City Manaqer STATE OF MINNESOTA ) ) S8. COUNTY OF SCOTT ) The foreqoinq was aoknowledqed before me this December, 1992, by Lydia Andren and day of . , respectively, the Mayor and City Manager of The City of Prior Lake, a municipal oorporation under the laws of Minnesota, on behalf of the corporation. Signature of person taking acknowledgment 4 . . ~ .'. \", THIS INSTRUMBNT WAS DRAFTBD BY: LOMMEN, NELSON, COLE & STAGEBERG, P.A. 1800 IDS Center Minneapolis, Minnesota 55402 Telephone: 612/339-8131 blr/prior/millerAq 5 '..;.>..:,.,\'~,lo<!""0~"" ... '. . ..' .. '. ","~ '".... ..... ftvF ~ 1'i'1J-. , The next order of business was: Consider First Draft of outdoor Concert Ordinance Amendments 92-08. City Manager Unmacht gave a short background on the Ordinance and summarized the proposed amendments which included: miscellaneous housekeeping items, deposit for clean up efforts ~nd a change in hours. Unmacht stated that copies of the proposed amendments were mailed to the restaurant and bar owners but no written responses had been received. Ray Lemley addressod the Council and discussed his concerns regarding the proposed one hour change in the :o.:losing time on saturday nights. Discussion occurred with regard to a compromise on closing time requirements, c",,_unication with neighbors on upcoming concerts and obtaining si~natures from the neighbors indicating that they have no obJections to a concert. Council concurred that the closing time of 12:30 a.m. for Saturdav events should be incorporated into the next draft, in addition, they directed staff to make changes with regard to notification. The council directed staff to place Ordinance Amendments 92-08 on a future Council agenda for further discussion. The next order of business was: Consider Planning Commission Variance Appeal of Bill and Kathleen Henning. City Manager Unmacht discussed Mr. Henning's letter in which he is appealing the Planning Commission's decision. Willia~ Henning addressed the Council with regard to his re~est. City Planner Graser presented an overhead of the T1tus First Addition plat and discussed the rationale behind the planning Commission's decision. Discussion occurred on the history of this property, and urbanized development located in the rural service areas. The following residents spoke in favor of Mr. Henning's request: Jerry Campagnoli 13200 NE Henning Circle Or William Je~son 13207 NE Hennlng Circle Greq Henning 13171 Pike Lako ~r.il Further discussion occurred regarding rural development, viability of the area as farmland, precedent setting and justification for granting a variance, and Metropolitan Council impact. Attorney Kessel suggested that as part of the variance, a restriction or covenant be recor~~d on the entire fifteen acres. This restriction would in:=...~ e that anyone interested in the property in the future would be on notice that only one variance had been granted for the ent1re fifteen acres. MOTION MADE BY KEDROWSKI, SECONDED BY SCO'rl', TO TABLE DISCUSSION UNTIL A DATE CERTAIN AND DIRECT STAFF TO DEVELOP FINDINGS WHICH WILL OUTLINE THE JUSTIFICATION AND RATIONALE FOR GRANTING A VARIANCE '1'0 INCLUDE THE RESTRICTIVE COVENANTS. 2 - Minutes of the Prior Lake City Council August 3, 1992 Additional discussion occurred on specific pOlicies on zoning for particular areas in the community. Upon a vote .taken, ayes by Andren, Fitzgerald, Kedrowski, and White, th~ motion passed unanimously. A short recess was called. The meeting reconvenee at 9:10 p.m. The next order of business was: Consider Approval of Comprehensive Transportation study. Director of Public Works Anderson discussed the purpose of the proposed Transportation &tudy. Anderson noted th&t negotiations are in progress with the Mdewakanton Sioux Community regarding a monetary contribution of $1000 to assist in the study. The wilds development representatives have verbally agreed to pay $4,000 toward the Study and the City would be responsible for the balance. Discussion occurred on county road turnbacks, the purpose of the study, and other details of the study. MOTION MADE BY WHITE, SECONDED BY FITZGERALD, TO AUTHORIZE STRGAR-ROSCOE-FAUSCH, INC. TO DO THE TRANSPORTATION STUDY PLAN FOR THE AMOUNT OF $1~, 500 AS OUTLINED IN THEIR JULY 27 AND 29 LEu.r.J:\S, TO BE TAKEN FROM THE CONTINGENCY FUND. THE MONETARY CONTRIBUTIONS RECEIVED FROM THE SMSC AND THE WILDS WILL BE RETURNED TO THE CONTINGENCY FUND, AND THAT THE CITY MANAGER BE AUTHORIZED TO SIGN THE AGREEMENT. Scott Upon a vote takenl ayes by Andren, Fitzgerald, Kedrowski, and White, the mot on passed unanimously. Scott The next order of business was: Consider Conditional Use Permit for James and Joanne Thompson. City Manager Unmacht discussed the split decision of the Planning Commission and the purpose of this appeal to the Council. Joanne Thompson addressed the Council and explained that they wanted to build an addition to their building in order to accommodate two additional residents. Discussion occurred regarding the definition of boarding house as it relates to the zoning ordinance. The following neighbors spoke against the request: Gil Roscoe 14190 Grayling Circle Dennis Ludlum 14145 Grayling Circle Randy Swanson 14171 Grayling Circle Mr. Roscoe read letters from Gary L. Nelson 14200 Rutgers street, and Harold Conrady, 14191 Grayling circle, expressing opposition to the expansion of the residential care facility. The following resident spoke in favor of the request: Renee Houser 14151 Grayling Circle 3 , ,,'.J ,~",..,>~,\.-.:.' "VA20CC" AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: INTRODUCTION: \ COMPREHENSIVE PLAN IMPACT: ~ ~, 5 DEB GARROSS, ASSISTANT CITY PLANNER CONSIDER PLANNING COMMISSION VARIANCE APPEAL OF BILL AND KATHLEEN HENNING AUGUST 3, 1992 The purpose of this agenda item is to consider a variance appeal for Mr. William Henning of 13208 Henning Circle, Prior Lake. The planning Commission considered the variance request to allow the applicant to construct a single family home on the subject site. The specific variance requested is from city Code section 5-4-1(N), which restricts ho~sing density in the "Agricultural conservation Districts located in the rural service areas defined in the Prior Lake c...,...,.rehensive Plan, to four (4) dwellings per eacn quarter/quarter section." See attached Planning Report and related materials for reference to the specific application. The planning Commission minutes dated July 16, 1992 are also attached. The Planning commission tailed to reach a majority vote on this issue, therefore the split decision renders the application denied, due to lack of a majority to pass the variance. The applicant requested per letter dated July 22, 1992 that the decision of the Planning commission be appealed to the city Council. The City Council amended the Prior Lake comprehensive Plan on December 16, 1991, to add policies to the Transportation Chapter. The purpose of those amendments was to bring the city C,...,_,.t',rehensive plan into compliance with the Metropolitan Council's, Bloomington Ferry Bridge policies. The recent amendment is pertinent to this application because the City agreed to restrict rural area develo~ment to four units per quarter/quarter section for lands located east of C.S.A.H. 18. See attached City Council minutes and policy '6. Although the subiect site i. west of C.S.A.H. 18, the council has indicated by past action a support for the quarter/quarter section policy. See also, planning Considerations section of Planning Department report dated July 16, 1992. 4629 Dakota St, S,E., PrIor Lake, Minnesota 55372 I Ph. (612) 4474230 I Fax (612) 4474245 AN EQUAL oPPORTUNITY EMPLOVER DISCUSSION: AL.L6I\NATIVES: The two Planning Commission members who voted for the variance application indicated that they felt that the proposal would be consistent with the development of Titus First Addition and land development within the rural service area of Shakopee. However, it should be noted that Titus First Addition is no longer a type of development that is permitted by current zoning and .Ubdivision controls. The rationale that density variances shouid be granted adjacent to rural subdivisions could create a precedent for other such properties. For example, Howard Lake Estates, Maple Hill and Eagle Ridge Acres are all rural subdivisions. If it is the direction of the Council to allow density greater than four units per quarter/quarter section, an amendment to the zoning code and comprehensive plan should be made to allow that type of land use devel~ _ent. A variance application should not te used to establish policy, but to grant relief for setback hardships, identified by the ordinance. variance applications must be considered in terms of the hardship criteria outlined in the zoning ordinance. The applicant can continue to use the land as has been done in the past. Rationale for granting a variance must reflect the hardship criteria and cannot solely be based on economic consideration. The Council should note that the Planning commission has denied two previous variances for DuWade Harris of Howard Lake Estates for a similar request. In addition, staff has met with Mr. Harold Bohlen, owner of land south of Titus First Addition, who seeks a similar proposal, to increase the densitI of the rural service area to allow resident al building sites to be sold in an area that is currently at maximum residential density. Mr. Bohlen will be in attendance at the meeting to listen to the discussion on the Henning application. 1. Uphold the decision of the Planning Commission to deny the variance application. 2. Table the issue for specific reasons. 3. Approve the variance application by finding that all of the hardship criteria outlined by the zoning ordinance are met through the application. 2 -,-~,~~~~~_~_~ct!"'-"'F~_~~<lI''''''''':''''';''~":'--14--*'~~~'~ ..' -;'l~.-:::::_,~..ialIP.'-~"'-' - _ ___--.::~':'..:-r'"r").' "', .""- '....\>~:,..:':' '. ~'-;'l': ; ~:-.r~~,;;~oi\i,;.\ll"""'1'}' ,;~Fi, '. >.l"ilt'\'.:-}. '~"i,;l,' .~t'1\l'\'", '-, - RECOMMENDATION: ACTION REQUIRED: Alternative '1. A motion setting. forth the finding- and/o:a;' conditions relative to the application. If the City council elects to support the Henning application then st3ff reques~. that the Council identify specific fiudings to support this action. 3 ....---.-,_.....:..._._~~~~ "VA20P1" NOT1:E OF HEARING FOR . VARIANCE You are hereby notified that a hear1ng will be held by the city council in the Prior Lake Council Chambers at 4629 Dakota street S.E. on: MONDAY. AUGUST 3. 1992 at APPROXIMATELY 7:30 P.M. PURPOSE OF HEARING: To consider an appeal of a application for william Henning. variance SUBJECT SITE LOCATION: Lots 6 - 10, Block 1, Titus 2nd Addition & Lots 7 12, Block 2, Titus 2nd Addition. REQUESTED ACTION: The applicant requests that the city Council overturn a decision of the Planning Commission regarding his variance application. The applicant requests approval ot a variance trom section 5-4-1(N) of Prior Lake City Code in order to construct a new single family heme on the subject site, indicated upon the attached map. The Code allows a maximum density of 4 dwelling units per quarter/quarter Section. The applicant is requesting a variance from that provision to increase the maximum density requirement so that he can obtain a building permit for the subject site. If you desire to be heard in reference to this matter, you should attend this meeting. Oral and written c.."".."ents will be accepted by the city council. For more information, contact the Prior Lake Planning Department at 447-4230. Prior Lake Planning Department DATE MAILED: July 28, 1992 4629 Dakota St. SR, Prior Lake, Minnesota 55372 I Ph. (612) 4474230 / Fax (612) 4474245 AN EQUAL OPPORTUNITY EMPI..DVER " ~ , . .~ PLANNING COMMISSION MEETING MINUTES ITEM V - WILLIAM HENNING - VARIANCE William Henning, 13208 Henning Circle, is requesting a v8~iance trom section S-4-1(N) ot the Prior Lake City Coda to construct a single tamily home on a site that is currently vacant and has been used for agricultural purposes. JULY 16, 1992 PAGE 4 i Mr. Henning presented tour letters trom neighbors that were read into the record supporting the variance application. The letters were trom: Douglas A. , Judith A. Johnson, 4880 Martindale Street N.E., Darrel E. Gonyea, Gonyea Land Company, 9100 West Bloomington FreewaYt Minneapolis: Jetfrey Menko, Jackson Trail: Brian, Kevin and Co11n Conrad, 4510 Jackson Trail. Horst Graser presented the information as per memo of July 16, 1992. The plat of Titus 2nd Addition was platted in 1974. In April of 1977, the City Council approved a petition from the applicant for the vacation of part of Foothill Trail that extended east of Lot 13, Block 2, Titus 2nd Addition, to the east and ot the plat. As a result of this vacation, the majority ot the lots in the plat do not have ')r\ access to a public road. In 1980, tha Scott county Assessor's Of.fice was requested 'to tax the property adjacent to the vacated street at an agricultural rather than a residential rate. The property has been used for agriCUltural and open space since that time. In 1986, the applicant requested the City to rededicate the portion of Foothill trail that had been vacated. This request was denied by the City Council based upon the fact that the Zoning Ordinance and Comprehensive Plan allow a maximum density of 4 dwelling units per quarter/quarter section in the rural service area, of which the subject site is a part of. This matter was reviewed by tha Court of ~ppeals, which upheld the position of the City. The e~bject site is located outside of the Year 2000 Urban service Area and as such, the residential density should be restricted until such a time as municipal utilities are extended to the site, in a planned manne~, consistent with the objectives of the city of Prior Lake and Metropolitan Council. Staff rec.._ends denial of this variance on the basis that the request is inconsistent with the Zoning Ordinance and comprehensive Plant it would not observe the spirit and intent of the Ordinance and 1S in direct conflict with the objectives of the Zoning Ordinance and Comprehensive Plan. The hardship is not caused by the Ordinance nor the city of Prior Lake but by the actions proposed by the applicant. Members of the audience that came forward at this time in support of the application were: william Jetson 13207 Henning; steve Mullenhart 7556 Eagle Creek Blvd.; Jerry capagnoli, 13200 Henning Circle, and Greg Henning 13171 pike Lake Trail. , I '" If" .' PLANNING COMMISSION MEETING MI~rES ITEM V - WILLIAM HENNING - VARIANCE William Henning, 13208 Henning circle, is requesting a variance froa section S-4-1(N) of the Prior Lake city Code to construct a single family home on a site that is currently vacant and has been used for agricultural purposes. Mr. Henning presented four letters from neighbors that were read into the record supporting the variance application. The letters were from: Douglas A. , Judith A. Johnson, 4880 Martindale street N.E., Darrel E. Gonyea, Gonyea Land Company, 9100 West Bloomington Freeway, Minneapolis, Jeffrey Menke, Jackson Trail' Brian, Kevin and Colin Conrad, 4510 Jackson Trail. JULY 16, 1992 PAGE 4 Horst Graser presented the information as per memo of July 16, 1992. The plat of Titus 2nd Addition was platted in 1974. In April of 1977, the City Council approved a petition from the applicant for the vacation of part of Foothill Trail that extended east of Lot 13, Block 2, Titus 2nd Addition, to the east end of the plat. As a result of this vacation, the majority of the lots in the plat do not have an access to a public road. In 1980, the Scott County Assessor's Office was requested to tax the property adjacent to the vacated street at an agricultural rather than a rasidential rate. The property has been used for agriCUltural and open space since that time. In 1986, the applicant requested the City to rededicate the portion of Foothill trail that had been vacated. This request was denied by the City Council based upon the fact that the zoning Ordinance and comprehensive Plan allow a maximum density of 4 dwelling unit. per quarter/quarter section in the rural service area, of ~hich the subject site is a part of. This matter was reviewed by the Court of Appeals, which upheld the position of the City. The subject site is located out.side of the Year 2000 Urban Service Area and as such, the residential density should be restricted until such a time as municipal utilities are extended to the site, in a planned manned, consistent with the objectives of the City of Prior Lake and Metropolitan Council. Staff recommends denial of this variance on the basis that the request is inconsistent with the Zoning Ordinance and Couprehensive Plant it would not observe the spirit and intent of the Ordinance and 1S in direct conflict with the objectives of the zoning Ordinance and Comprehensive Plan. The hardship is not caused by the Ordinance nor the City of Prior Lake but by the actions proposed by the applicant. MeDbers of the audience that came forward at this time in support of tbe application were: william Jetson 13207 Henning: steve Mullenhart 7556 Eagle Creek Blvd.; Jerry Capagnoli, 13200 Henning Circle: and Greg Henning 13171 pike Lake Trail. .__~;"l;,..~._,_".,,, ... ,. r. PLANNING COKMISSION MEETING MINUTES JULY 16, 1992 PAGE 5 Comments from the Commissioners were7 precedent being set, atate. no, development ot adjacent c1tie" pre.ent land septic system and development of utilities. Alan Merrick 14000 White Rock ~oad, Burnsvillo stated he is party interested in the property' and gave hi. plans building. MOTION BY WUELLNER, SECOND BY LOFTUS, TO GRANT A DENSITY VARIANCE FROM SECTION 5-4-1(N) FOR THE SUBJECT SITE LOCATED IN THE NW 1/4 OF THE NW 1/4 OF SECTION 23 (AS PER ATTACHED MAP) 'ra BUILD ONE SINGLE FAMILY HOME ON FIFTEEN (15) ACRES. THIS HOME IS NOT TO BE BUILT IN THE RIGHT-OF-WAY OF FOOTHILL TRAIL AS SHOWN ON THE ATTACHED MAP. Code use, the for vote taken signified ayes by Wuellner Arnold and Roseth. MOTION FAILED TO CARRY. and Loftus. DENIED. Nayes by ITEM VI-PUBLIC HEARING-ZONING OR~INANCE AMENDMENT: EXTRACTION Public Hearing called to order at 10:15 P.M. by Chairman Loftus. The public vas not 1n attendance. MINERA~ Sam Luca.t pre.ented the information as per memo of July 16. 1992. In 1991, the McKenna Sand and Gravel applied for a Conditional U.e Permit to begin a mining operation in the area of Prior Lake and the Shakopee Mdewakanton Sioux community (SMSC) reservation. The SMSC voiced their disapproval based on the ettecta ot havinq a mining operation adjacent to them and requested a.si.tance trom two citie. to prevent the operation. The result of their request was Ordinance 91-08 which instituted a one year aoratorium. There are no mines with a permit currently operating in Prior Lake, but there is evidence ot previous mining in the area and in Prior Lake. The evidence is scarred landscape. creating unsightly conditions. The conditional Use PermIt doe. not adequately protect the City, the applicant, or the public. Theretore, staff recommends approval of Ordinance 92-09 to be torwarded to City Council tor review and final decision. staff recommends deletion of Mineral Extraction as a Conditional Use in the Prior Lake City Code and zoning Ordinance. Comments trOll the C"',......ission.rs were in consensus with Staft's recommendation. MOTION BY ARNOLD, SECOND BY ROSETH, TO RECOMMEND TO CITY COUNCIL THE APPROVAL OF ORDINANCE 92-09. Vote taken .ignitied ay.. by Arnold, Ro..th, Lottus, and Wuellner. MOTION BY ROSETH, SECOND BY ARNOLD, TO CLOSE THE PUBLIC HEARING. vote taken signified aye. by Ro.eth, Arnold, Loftu., and wuellner. MOTION CARRIED. PublIc Hearing closed at 10:30 P.M. ~._....._" ,.',~ ~""_,,~,,~,_,,,,_, '~< ..._.. ._,.r'_"A_', ___." .-t. ..'..,..,..^."',......"'_~,'...""...,.. ~"'~...,'",....'~~.'.,;., ~'~.'..,,.. .:~,.,".._'..,.....__..~'~ L . -'-'.~. _.,.,.'"..~~"".,';I"fflIitII:""~.l'r .. . tj "VA20PC" SUBJECT: APPLICANT: SITE ADDRESS: PRESENTER: PUBLIC HEARING: DATE: PLANNING REPORT DENSITY VARIANCE WILLIAM HENNING SEE ATTACHED LEGAL DESCRIPTION HORST GRASER, DIRECTOR OF PLANNING YES X NO JULY 16, 1992 HISTORY/BACKGROUND: The Planning Department has received a variance application from Mr. William Henning of 13208 Henning Circle, Prior Lake. The ap~lication requests a variance from Section 5-4-1(N) of the Pr10r Lake City Code which restricts housing density in the "Agricultural Cons~rvation Districts located in the rural service areas defined in the Prior Lake Comprehensive Plan, to four (4) dwellinqa ~.~r each quarter/quarter .ection." See attached excerpt from the City Code for reference to this provision. The proposal is to construct a single family home on the aubject site that is outlined on the attached map. The site is currently vacant and has been used for agricultural purposes. PREVIOUS PROPOSALS: The plat of Titus 2nd Addition has a long and complicated history which began in 1974, when the plat was approved by the City of priot. Lake and filed with Scott County. In April of 1977, the City Council approved a petition from the applicant, for the vacation of part of Foothill Trail that extended east of Lot 13, Block 2, Titus 2nd Addition, to the east end of the plat. The majority of the lots in the plat, have no access to a public road, as a result of the 1977 vacation. In 1980, the Scott County Assessor's Office was requested to tax the property adjacent to the vacated street at an ayricu1tura1 rather than residential rate. The property has been used for agricultural and open space since that time. In 1986, nine years after Foothill Trail had been vacated ( the applicant requested that the City rededicate the portAon of Foothill Trail that had been previously vacated and issue building permits for Lots 1 - 10 Block 1 and 2 -12, Block 2, Titus 2nd Addition. The City councIl denied the request for rededication and subsequent building permits, based upon the fact that the Zoning Ordinance and comprehensive Plan allow a maximum density of 4 dwelling units per quarter/quarter section in the rural service area, of which the subject site is a part. The City Council resolved that "a portion of the plat of Titus 2nd 4629 Dakota St. S.E.. Prior Lake. Minnesota 55372 I Ph. (612) 4474230 I Fax (612) 447.4245 AN EQUAL OPPORTUNITY EMPlDYER Addition is hereby vacated with respect to the following described property Lots 1, 2, 3, 4, 5, 6, 7, 8, ~, and 10, Block One, Titus 2nd Addition and Lost 2, 3( 4, 5, 6, 7, 8, 9, 10, 11, and 12, dnd Outlot A, block Two, Tltus 2nd Addition, Scott County, Minneo,sota. " Sec attached Resolution 87-48 for reference to the Council action. The matter was ultimately reviewed by the Court of Appeals, which upheld the position of the city: "Henning was denied buildinq permits because hi~ lots did not have acoess to public roads and did not comply with the 1975 zoning amendmont to th$ zoning ortUnance. Thus, it was reasonable tor Prior lake tc deny the building per.mit. requested by Henning." The Decision ot th. Court in the matter was stated: "Upon rllview of the city council's records and decision, we hold that Prior Lake had a reasonable basis for requiring a new application under Minn. Stat. 462.358, subd. 3c, and for declining to issue the building permits." See attached document #C4-83-l704 for further reference to this matter. EXISTING CONDITIONS: The sUbject slte 1S located in the NW 1/4 of the NW 1/4 of section 23. The quarter/quarter section contains part of the plats of Titus 1st and ~nd Additions. Each plat was subdivided at a time when the zoning Ordinanc~ allowed small lot platting in 'the agricultural areas. However, the Zoning Ordinance and comprehensive Plan were amended to the current 4 units per quarter/quarter section density formula. Each lot of record is subject to a building perait. Due to the grandfather status of Lots 11 - 12, Block 1 and Lots 1, 13 - 14 Block 2, Titus 2nd Addition and all of the lots in Titus 1st Addition, the density in the NW 1/4 of the NW 1/4 of section 23 will be 11 units. The applicant requests that the density be increased from 11 to 1~ units, in th~s quarter/quarter section, which would allow the construction ot one home upon the subject site. PLANNING CONSIDERATIONS: There have been two previous applications to increase density within the Rural Service Area, both of which have been denied. The Planning Commission determined in 1987, that DuWade Harie of 15220 Howard Lake Road, failed to demonstrate that hardship existed to grant a variunce to increase density and that the request ~as inconsistent with the Comprehensive Plan. A si~ilar finding was made for a separate property owned by Mr. Harris in 1980. The two previous applications demonstrate a clear precedence for denial of applications that seek to increase residential density within the rural service arqa. The City Council advocateJ in their 1992 Retreat the idea to furt~er limit development of the rural area and instructed staff to include the provision to allow only 1 unit per quarter/quarter section, within the next comprehensive Plan Draft. Staff has incorporated the language into the proposed 2010 Comprehensive Plan, howQver, there has been no formal review of ... ...'......L . .,. ._." . ..." ...",.' ". ,....'." .~. ,.." ,.. .......1......." .'.,' .........1_._........,.....'.. ",,-.. .,......'-,. .. ..... " '." .'",...".. ... : .,..,"'o.....'\"! ,;-r,. t~ ,,-,,-"_~:?"_'~-!:',i',- .,-.-:'-... ,'~ ,__ .-," the Plan by the Planning Commission nor City Council as of the date of this appl', -:::ation. The recent Council discussions, explicit pOlicies and requirements of the current Comprehensive Plan and Zoning Ordinance, past precedent and Planning commission findings related to the DuWade Haris proposals to increase density in the Rural Service Area, coupled wIth the the findings of Resolution 87-48 and the Appeals Court are the basis for the staff recommendation to deny the application to increase the density of the NW 1/4 of the NW 1/4 of Section 23. RECOMMENDATION: ~ne recommenaation from ataff ia to dany the variance application on the baaia that the request is inconsistent with the zoning Ordinance and comprehensive Plan. Li~eral enforcement of the Ordinance would not result in undue hardship. The property can continue to be used for the agricultural purposes that havo occurred on the property in the past. The hardship in this case is not caused by the Ordinance nor the City of Prior Lake but is a direct result of actions proposed by the applicant. The variance would not observe the spirit and intent of the Ordinance and is in fact, in direct conflict with the objectives of the Zoning Ordinance and Comprehensive Plan. Approval of this variance could potentially establish a precedent which would undermine the intent of the Rural Service Area policies. Rural axea development objectives seek to protect existing agricultural investments until su~h a time as public utilities may be ex~ended and there is a need for additional urban development. The City currently has hundreds of acres of R-1 Zoned Land within the MUSA boundary which are available for urban development. The subject site is located outside of the Year 2000 Urban Service Area and as such, the residential density should be restricted until such a time as municipal utilities are extended to the site, in a planned manner, consistent with Objectives of the City of Prior Lake and Metropolitan Council. \ .\.~ ""', ,-~,' / '; :..",~'::';;~d;~~~~ltp';l~~~:~~~,~-.ll" '~:;'-"~.?~,:,",.J 'J~~,n.:"~'~\"~'d"~ "VA20PN" NOTICE OF HEARING FOR VAR.L~CE You are hereby notified that a hearing will be held baY the Planninq Commission in the Prior Lake Council Chambers t 4629 Dakota street S.E. on: THURSDAY. JULY 16. 1992 at 8:45 P.M. PURPOSE OF HEARING: To consider a variance application for William HenninQ. SUBJECT SIn LOCATION: Lots 6 - 10, Block 1, Titus 2nd Addition & Lots 7 12, Block 2, Titus 2nd Addition. REQUESTED ACTION: The applicant requests a variance from Section S-4-1(N) of Prior Lake City Code in order to construct a new sinqle family home on the subject site, indicated upon the attached map. The Code allows a maximum density of 4 dwellinq units per quarter/quarter Section. The applicant is requesting a variance from that provision to increase the maximum density requirement so that he can obtain a building permit for the subject site. If you desire to be heard in reference to ~his matter, you should attend this meetinq. Oral and written c'...,....".ents will be accepted by the Planninq Commission. For more information, contact the Prior Lake Planning Department at 447-4230. Prior Lake Planning C-..,_ission DATE MAILED: July 9, 1992 t \ '4 _ :"'..... 4629 Dakota St. SE.. PrIor Lake, MInnesota 55372 I Ph, (612) 4474230 I Fax (612) 4474245 AN EQUAl Orruftl\.INrTY EMPLOVER - ., ,...~ '~~~.,-r '~~''-'''',''''''''>I.~. 'll:'~'..~',":';'~""j~.",. 'It.,'. ...~".~.. ".."",." ....:,f ....... , .......1 (M) D.nlltl.1 are buld upon th. minimum lot Ilz. Indloat.d In the tabl. following lubMOtlon (P) of thll S.ctlon. D.nlltl" for .tt.ohtd houllng unite Inoludlng townhou"" condomlnluml, .nd apartmtnte art ba.d upon the r.,.tlonlhlp betwetn the bulldabl. land .nd the .1I0wablt grotl dtnllty. Th. nlld for Itrllte hu betn lOOOunttd for In the gro.. dtnllty per 101'1, (N) In the AQrlcultural COneervatlon Dlltrlctl located In the rural l.rvlOt .r.. II atllnea In m. ...nor ....u \;Ompr.n.nllv. ,...an, tour (4) aw.lllngl per ..on qu.n.r/quen.r ..otlon In.,, D' Dermlttld provJa.a: 1. Oth.r f.rm or nonfarm dwelling I prll.nt would not txolld an ov.rall d.nllty of four (4) unitt per quart.r iiCtlon. 2. Th. dw.lllng unite Ih.1I b. looat.d .ntlr.'y within one quarterl quart.r llOtlon on . ..par.t.,y owned p.rcel which Ih.1I b. at le.lt on. acr. In Ilz.. 3. The paro.11 may h.v. IOOtIl from . prlv.t. road or ....m.nt provided that private .roadl or ..ementtlervlng llparate parcell ar. ..par.ted from adJ.cent drlvew.Y' on tt,. lam. lid. of public ro.d by a minimum of thrll hundr.d thirty flit (330'). No drlvewaYI IIrvlng IIparat. parcell Ihall be permltt.d within three hundred ftlt (300') of. Int.ractlonl of County roadl with minor arterlall and County roaell and local roadl. 4. All dw.lllngs shall b. I.rat.d at '1Iut three hundrld thirty flit (330') from the n..,.lt farm building or from another dwttlllng. 6. Application' for building permltl Ihall be accompanl.d by a reglltered land lurvty of the parotl, Including the location of propo,ld dwelling, aooell to the parOlI from public roaell and all Itructur. within thr.. hundr.d thirty flit (330') of the propoltd lit.. (0) All n.w houllng unite mUlt antlolpate the future need for .xpanllon, Itorage andlor garage. Toward that .nd, Ilngl..famlly and two.famlly hou"l sh.1I be construct.d 10 that future geregll may be built without varlanOlI. Single-family and twin hom.. Ihall be conltruct.d with any of the following Optlo",: " 8lngl. I.vel of living apac., plul bal.ment. 2. Two (2) l,v'll of living apace. 292 RESOLUTION 87- 48 RESOLUTION PARTIALLY VACATING '!'HE I'LAT OF TITUS 2ND ADDITION, SCOTT COUNTY, MINNESOTA MOTION BY FITZGmALD SECONDED BY SCOTT WHEREAS, the final plat for Titus 2nd Addition, Scott County Minnesota was ~pproved by the City Council of the City of prIor Lake on March 4, 1974 and said plat was filed with Scott County Recorder's Office On April 19, 1974, and WHEREAS, the minutes of the City Council dated April 25, 1977 and as further evidenced by Resolution No. 77-12 approved the vacation of a portion of Foothill Trail, the principal road through the plat and main acce.. road, Ea.t of the Ea.t lot line. of Lot. 11 and 13, and WHEREAS, the minutes of the May 91 1977 City Council meeting indicate the approval of the vacation of T tus 2nd Addition and further directed that the City Manager .end copies to proper personnel in Scott County notifying them of the vacation of Titus 2nd Addition, and WHEREAS, a letter dated May 19, 1977 signed by the City Manager of the City of Prior Lake was recorded in the Scott County Recorder's office on June 1, 1977 at 3:00 p.m. as Document No. 155929 indicating that a portion of Foothill Trail according to the plat of Titus 2nd Addition, Scott County, Minnesota, lying Easterly of the Northerly extension of the Easterly line of Lot 13, Block Two of said plat of TituR 2nd Addition has been legally vacated, and WHEREAS, the following lots of Titus 2nd Addition were subsequently sold by William Henning and building permits were issued a. those lots had access to public roads: Lots 11 and 12, Block One, Lot. 1, 13 and 14, Block Two, Titus 2nd Addition, Scott County, Minnesota, and WHEREAS, the City Council for the City of Prior Lake passed Ordinance No. 75-12 on August 25, 1975 in which Section 4.2 of the City of Prior Lake Zoning Ordinance was amended to prohibit platting in areas within the City of Prior Lake without sanitary sewer and water, and WHEREAS, the plat of Titus 2nd Addition is located within an area without access to sanitary sewer and water, and WHEREAS, Minnesota Statutes Chapter 462.358, Subd. 3(c), a codification of the common law of the State of Minnesota, permits the governing body of a municipality to require a subdivider to submit a new application for subdivision approval following two years after final plat approval unless substantial physical activity and investment has occurred in reasonable reliance upon the previous final approval and the subdivider will suffer substantial financial damage as a consequence of a requirement to submit a new application, and WHERIlS, the aubdivider haa not aade .ub.tantial phy.ical activity and inve.t.ent in the plat ot Ti~u. 2nd Addi~ion, and WHEREAS, ~he ci~y council ot the Ci~y ot Prior Lake wishes ~o clarify and reattirm the previous action. ot the Ci~y council and to .et forth the current .tatu. of a portion of .aia plat, and \, NOW, ,u'u::.dFORE BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA that a portion of the plat of Titu. 2nd Addi~ion i. hereby vaca~ed with re.pec~ ~o the tOllowing de.cribed property Lo~. 1, 2, 3, 4, S, 6, 7, 8, 9, and 10, Block One, Titu. 2na Addition, Sco~~ County, Minn..ota, and Lot. 2, 3, 4, S, 6, 7, 8, 9, 10, 11 and 12 and OU~lot A, Block Two, Titua 2nd Addi~ion, Sco~~ Coun~y, Minne.o~a7 and BE IT FUR4~A RESOLVED, that a certified copy of this re.olution be recorded with the Scot~ County Recorder'. office. Pa..ed and adopted by the Council this 8th day of Septeaber 1987. , In I!Q Andren Fi~zg.rald Lar.on Scott White I J. -L -L ua"idJ;~ ci Manager ci y of Prior Lake ....L '- ft..... ,I I . .. 0 ,,' . ';J.. : '. . \ 0 o ...:~~i''.fl~ ;~<lO'lir,"~lfll;."~~,..._.,:,.,!11 ,~::I";')'''''''.''''~'''.AM-.~~.,.,4.,"._. ill !I 1;=1; ihlh JIll .. Iti. . .. .. . , III i t, '( it: ~ ' ' " .1 ~ \\ ~ Q:; lc) :::::: y-:' , I " I , . -: ".c... I. .. , \'\::.: ;-.'t . ...... :';';,,: "..".~\~.".",; "1,,,... .f": "'\" : .:__:, :' ,'t.:; " ' . . ',.\~ ::., :..... t. '1. ~ " .:r h.: ~ \.:) ~ ", '~_I'I I -.{ I II . I ~ ..... i' I ~ .\ " '. It 1 " "'II ' '. ,,' I . ....4. i . ' I' i' , .', , ~.; , .~ ; ,;, li . ,', . ~, , III , . .. ~ , ~ " " "'. I . .,;.~ ~ ~ ~ .~ \J ':: ~ I II I I I I I~ ' ., ~~::j , ~ I ':'_11'.1 ~' ..' , ~."~' \f;.. ,.-, :'.~.."~; ,..~, ' 't it~ ": ~ ~'. ,:-~~'.~~(.' ~.t. .... v. U. .>"/' . ~ '.. . r, '. ,.. .. .. . ~::..: , :- ~ 4 ... ..... 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