HomeMy WebLinkAboutAppeal 00-014
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
RESOLUTION 00-04PC
A RESOLUTION DENYING AN APPEAL OF THE ZONING
ADMINISTRATOR'S DECISION TO NOT PERMIT A BALCONY TO
ENCROACH INTO A BLUFF SETBACK
BE IT RESOLVED BY the Board of Adjustment ofthe City of Prior Lake, Minnesota;
FINDINGS
1. Marvin W. Mirsch Sr. has filed an Appeal from the Zoning Administrator's decision
not to permit a balcony to encroach 4 feet into the required 25 foot bluff setback for
the construction of a single family dwelling on property located in the R -1 (Low
Density Residential) District and the SD (Shoreland) District at the following
location, to wit;
15432 Red Oaks Road, legally described as Lots 20 and 21, Red Oaks, Scott
County, MN
2. The Board of Adjustment has reviewed the request for an Appeal as contained in Case
#00-014PC and held hearings thereon on February 28,2000.
3. The Board of Adjustment has considered the Zoning Administrator's interpretation
and decision regarding the general provision code for a balcony encroachment into a
rear yard setback and the specific provision of the code not permitting encroachments
into bluff setbacks and the effect of the proposed Appeal on the Zoning Ordiri~ce
and Comprehensive PI~.
4. The Shoreland District and bluff setback provisions of the Zoning Ordinarice are
special provisions which are applied over and above the general provisions of the
ordinance.
5. Section 1101.308 of the Zoning Ordinance specifically states when general provisions
conflict with special provisions of the ordinance, the special provisions shall prevail.
6. The appellant has not demonstrated reasonable or factual evidence to justify his
interpretation of the ordinance provisions.
7. The contents of Planning Case #00-014PC are hereby entered into and made a part of
the public record and the record of decision for this case.
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www.cityofpriorlake.com
Phone 952.447.9800 / Fax 952.447.4245
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CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby denies the
following Appeal from the Zoning Administrator's decision to not allow a balcony
encroachment into a bluff setback (as shown in Attachment 6);
1. A 4 foot balcony encroachment to permit a 21 foot bluff setback instead of the
required 25 bluff yard setback.
Adopted by the Board of Adjustment on February 28, 2000.
1/iL
Mark Cramer, Chair
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Planning Commission Minutes
February 28,2000
'/ E. Case #00-014 Marvin Mirsch, Sr., is appealing the Zoning Administrator's
decision to not allow a balcony to encroach into a bluff setback as is permitted for a
balcony to encroach into a rear yard setback.
Zoning Administrator Steve Horsman presented the staff report dated February 28,2000,
on file in the office of the Planning Department.
The Planning Department received an Appeal Notice from Marvin W. Mirsch Sr.
regarding the Planning Departments decision to not allow a balcony to encroach into a
bluff setback at 15432 Red Oaks Road. On December 13, 1999, the Planning
Commission approved a variance for the applicant to construct a single family dwelling
with attached garage on the subject property (Resolution 99-24PC). The applicant then
requested the addition of a balcony and stairs in a letter the City received on January 24,
2000. The Planning Department responded with a decision to deny the request by letter
dated January 27,2000.
An appeal to the decision of the Zoning Administrator is not site specific and affects the
way in which the ordinance is applied in all situations. In summary, the listed
encroachments permitted for rear yard setbacks in the general provisions code section are
not permitted in the special provisions code section for bluff setbacks. In addition, the
proposed balcony is not consistent with the variance approved by the Planning
Commission. The staff therefore recommended upholding the decision of the Zoning
Administrator.
Comments from the public:
Marv Mirsch, 2260 Sargent, St. Paul and seasonal residence at 15432 Red Oaks, felt
staffs analysis was incomplete and therefore the conclusion faulty. Mirsch said the key
words are not congruent with the dictionary explanation of "setbacks". The ordinance
commands the word "setback" be replaced with the word "yard". Mirsch explained
"Special" and "Encroachment" definitions from Webster's Dictionary. Mirsch felt there
is an exception in the definitions of rear yard and bluff setbacks. He also explained
several definitions regarding the Shoreland district and the bluff impact zone concluding
he did not feel he was intruding in the bluff setback.
Criego questioned the size of the eves on the home. Mirsch thought they would be 18
inches, which go over the bluff setback.
Stamson questioned setbacks on non-riparian lots. Horsman responded.
Criego questioned Mirsch on the distance from the ordinary high water setback on his
property. Mirsch pointed out the area on the overhead.
Kansier and Horsman explained the bluff impact zone, encroachments and setbacks.
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Planning Commission Minutes
February 28.2000
Mirsch disputed Kansier's explanations on special requirements and overlays.
The public hearing was closed.
Comments from the Commissioners:
Criego:
· By absence of the ordinance not saying anything, would indicate the decision of the
planning department that there should not be any encroachments is correct. There are
no statements on what can be encroached.
. Common sense says there certainly can be an overhang in the bluff impact zone. And
common sense says you could have a deck as long as you are not intruding on the 75
foot setback.
. Did not remember the intent of the ordinance. Maybe there should be no
encroachments at all. Did not recall hearing the difference in the past.
V onhof:
. Complex issue in matters of interpretation and ordinance. There is a guiding
provision in the ordinance for interpretation.
. Vonhofread Ordinance 1101.38 on conflict with special provisions.
. This issue is conflict. Using the paragraph in the ordinance as a guiding sense, there
is no other determination that the special provisions prevails. The Commission has to
go with the guiding rules.
. When there are multiple regulations with land use and building, there will be
situations that develop. When matters of interpretation come up, the Commission has
to say these are our general rules. And as a general rule, our overlay districts always
prevail. This has been for the entire code.
. There is a method to deal with conflict and which part ofthe ordinance prevails. It
clearly states the special provision prevails.
Stamson:
. The definition of rear yards is defined by setbacks. There is no conflict. The setback
does not change the definition of year yard.
. Stamson read the definition of rear yard.
. The yard is the area that your setback is required in the district. The special sections
says with a bluffthe rear yard is 25 feet from the top of the bluff. The special section
says nothing about changing the encroachments in the yard.
. The yard section describes the setbacks.
. Agreed with applicant.
Rye said the issue of rear yard is immaterial. The question is dealing with the bluff
setback requirement. The whole issue is there anything in the ordinance that allows one to
build closer than 25 feet on the top of the bluff. The answer is "no". That is a special
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Planning Commission Minutes
February 28. 2000
provision. Therefore, it outweighs any other definitions allowing permissible
encroachments in the yards generally.
Atwood:
. Agreed with everyone. It is confusing.
Cramer:
. Appreciate Mirsch's interpretation.
. Look at this intent. A rear yard and bluff setback are put in the ordinance for a set
purpose - to protect the bluff.
. Agreed with staffs assessment on what the City Code reads.
. Support staffs recommendation.
The Commissioners and staff discussed the intent of rear yards and bluff setbacks.
Criego suggested to wait and see what the DNR thinks ofthe issue. Rye said he couldn't
say for sure, but had a good idea given their take on the rules. The DNR would come
down on the side of zero encroachment.
Jim Albers, 16043 Northwood Road, explained the purpose for the ordinance bluff
setbacks to the Commissioners.
V oOOof commented on Alber's reasoning.
Mirsch explained his interpretation of setbacks in the ordinance.
The public hearing was closed.
Criego agreed with V oOOof. It is a special provision and because encroachments are not
specifically permitted, there are no encroachments. The ordinance stands as written. Did
not agree it was correct and felt the Commission should look at the ordinance to see if it
should be changed. But as it sits, special provisions do prevail. There should not be an
encroachment.
Stamson understands Mirsch's argument. In the conflict section, the intent is that nothing
be built in the bluff setback.
MOTION BY VONHOF, SECOND BY CRAMER, TO APPROVE RESOLUTION 00-
04PC DENYING AN APPEAL OF THE ZONING ADMINISTRATOR'S DECISION
TO NOT PERMIT A BALCONY TO ENCROACH INTO A BLUFF SETBACK.
AMENDMENT BY CRIEGO, TO LOOK AT ORDINANCE FOR MODIFICATION.
CRAMER SECOND.
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Planning Commission Minutes
February 28,2000
Vote taken indicated ayes by all. MOTION CARRIED.
Discussion:
Criego commented the applicant brought up some issues that need to be discussed in the
bluff encroachments. Suggest staff bring back the matter and interpretation with DNR's
comments.
Cramer said as the ordinance was written there are no encroachments allowed in the bluff
setback. But the Commission needs to look at the issue.
MOTION BY CRIEGO, SECOND BY VONHOF, TO HAVE STAFF REVIEW THE
ORDINANCE AND COME BACK WITH SOME ALTERNATIVE APPROACHES
OF HOW IT IS WRITTEN AND INFORMATION FROM THE DNR WITH SOME
CLARIFICATION ON THE ORDINANCE.
Vote taken indicated ayes by all. MOTION CARRIED.
5. Old Business:
6. New Business:
A. Annual Capital Improvement Program review.
Planning Director Don Rye presented the Planning Report dated February 28, 2000, on
file in the office of the Planning Department.
The Planning Commission's function is to review the proposed projects, determine
whether they make sense from the perspective ofthe Comprehensive Plan and make
specific recommendations about specific projects in the CIP or about projects not in the
current CIP which the Commission feels would better achieve Comprehensive Plan goals.
The Commission does not need to feel constrained to restrict its consideration only to
those projects contained in the propose CIP.
Comments from the Commissioners:
Criego:
. Need adequate funding for downtown.
. There is a lot of money going into streets and landscaping, but not adequate amounts
of money are going into trails. Felt there should be a higher percentage of funds into
maintaining and adding trails throughout Prior Lake.
. Rye said a fair amount of trail money comes in with the new developments.
Atwood:
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AGENDA ITEM:
SUBJECT:
SITE:
PRESENTER:
REVIEWED BY:
PUBLIC HEARING:
DATE:
INTRODUCTION:
PLANNING REPORT
4E
CONSIDER AN APPEAL OF THE ZONING
ADMINISTRATOR'S DECISION TO NOT ALLOW A
BALCONY TO ENCROACH INTO A BLUFF SETBACK,
Case File #00-014
15432 RED OAKS ROAD
STEVEN HORSMAN, ZONING ADMINISTRATOR
JANE KANSIER, PLANNING COORDINATOR
_X_ YES NO
FEBRUARY 28, 2000
The Planning Department received an Appeal Notice from Marvin W. Mirsch Sr.
regarding the Planning Departments decision to not allow a balcony to encroach
into a bluff setback at 15432 Red Oaks Road (Attachment 1, Notice of Appeal
dated January 29, 2000). On December 13, 1999, the Planning Commission
approved a Variance for the applicant to construct a single family dwelling with
attached garage on the subject property (Attachment 2, Resolution 99-24PC).
The applicant then requested the addition of a balcony and stairs in a letter the
City Received on January 24,2000 (Attachment 3, letter dated January 21,
2000). The Planning Department responded with a decision to deny the request
(Attachment 4, City letter dated January 27,2000).
DISCUSSION:
In the applicant's Appeal Notice to the Zoning Board of Adjustment (Planning
Commission) the applicant referenced a number of city codes in defense of his
interpretation in regards to his request to add the balcony. The applicant
considers the City Code Subsection for Rear Yard Setbacks to be the same
requirement when applied to riparian lots as the Code for Bluff Setbacks when
considering encroachments that are permitted by the Code for Yard
Encroachments. Granted, the code for rear yard setbacks does not consider a
balcony to be an encroachment. However, there is no reference in the code for
bluff setbacks allowing any type of encroachments without approval of a
variance.
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
City Code subsection 1101.300 Rules of Construction: 1101.308 Conflicts,
provides for interpretation of the City Ordinance when general provisions conflict
with special provisions, and reads in part, the two shall be construed if possible
so that effect shall be given to both. If the conflict between the two provisions is
irreconcilable, the special provisions shall prevail and shall be construed as an
exception to the general provision unless the general provision was enacted
subsequent to the special provision and it shall be the manifest intention of the
City Council that such general provisions shall prevail.
Code Subsection 1101.503(8): Yard Encroachments, reads in part, The
following shall not be encroachments on rear yard requirements: Balconies. This
code subsection falls under Section 1101: General Provisions, and is a general
provision ordinance. Code Subsection 1104.304: Bluff Setbacks, is a special
provision ordinance under Section 1104: Shoreland Regulations, and therefore
the more restrictive ordinance shall be applied.
City Code Subsection 1102.405 Dimensional Standards, requires a minimum
rear yard setback of 25 feet, and is measured from the rear property line as
defined in Code Subsection 1101.400 Definitions. City Code Subsection
1104.304 Bluff Setbacks: The required setback from the Top of Bluff is
determined as follows: as measured from the Top of Bluff, the upper end of a
segment at least 25 feet in length having an average slope less than 18%.
Riparian lots are special properties with unique features that require special
regulations to protect valuable resources such as natural vegetation, topography,
water quality and water levels. As a special provision ordinance for bluff
properties only, with no stated exception for encroachments, a variance approval
is required for setback encroachments.
In regards to City Code Subsection 1104.303 Bluff Impact Zones: Structures
and accessory facilities, except stairways and landings, shall not be placed in
bluff impact zones. The definition for a Bluff Impact Zone is a bluff and land
located within 20 feet from the top of a bluff. The exceptions listed of stairways
and landings refers to free standing accessory facilities placed on the ground for
access up and down the bluff and not attachments to the principal structure.
As proposed, the balcony dimension of 4 X 11 feet will encroach 4 feet into the
25 ft. bluff setback area. The balcony was not proposed in the applicants
Variance request as adopted by Resolution #99-24PC. In addition, the applicant
claims a chimney chase location in violation of the required side setback was
shown on the survey, submitted as Exhibit A, for the above referenced
Resolution. The chimney chase was not specifically shown on the survey
exhibit, but was depicted on the builders brochure handout. If the chimney
chase, as well as the balcony, are within the building foot print as depicted on
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the survey titled Exhibit A, they are within the approved building envelope as
adopted by the Planning Commission on December 13, 1999.
The following attachments are included references for this report :
1) Notice of Appeal; 2) Variance Resolution 99-24PC; 3) Applicants letter dated
1/21/00; 4) City letter dated 1/27/00; 5) Balcony plan; 6) City Code Sections.
RECOMMENDATION:
An appeal to the decision of the Zoning Administrator is not site specific and
affects the way in which the ordinance is applied in all situations. In summary,
the listed encroachments permitted for rear yard setbacks in the general
provisions code section are not permitted in the special provisions code section
for bluff setbacks. In addition, the proposed balcony is not consistent with the
variance approved by the Planning Commission. The staff therefore
recommends the Planning Commission uphold the decision of the Zoning
Administrator.
ALTERNATIVES:
1. Approve the Appeal to the Zoning Administrator's interpretation of the Zoning
Code as requested by the applicant, or approve an interpretation of the
Zoning Code the Planning Commission deems appropriate under the
circumstances. In this case, the Planning Commission should direct staff
to prepare a Resolution with findings approving the Appeal request.
2. Table or continue discussion of the item for specific purpose.
3. Deny the Appeal request because the Planning Commission finds a lack of
demonstrated support for the applicants interpretation of the Zoning Code.
ACTION REQUIRED:
The Planning staff recommends Alternative #3.
Motion and second adopting Resolution 00-04PC denying an Appeal of the
Zoning Administrator's decision to not permit a balcony to encroach into a bluff
setback.
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ATTACHMENT 1
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29 January 2000
Zoning Board of Adjustment (Planning Commission)
via: Steven Horsman
Zoning Administrator
The City of Prior Lake
16200 Eagle Creek Ave. S. E.
Prior Lake, MN 55372-1714
Subject: 1109.301 Appeal from the Decision of the Zoning Administrator
Reference: Letter received January 28, Steven Horsman, denying the interpretation that a balcony
is not an encroachment of a rear yard setback.
Dear Reader:
This letter is to appeal the interpretation of the Prior Lake Zoning Ordinance by the Zoning
Administrator that: "The City does not interpret Rear Yard Setbacks (Code Sec. 1102.405(3))
the same as the requirement for Bluff Setbacks [Code Sec. 1104.304]. This means a balcony
may encroach into a rear yard setback but not a bluff setback. "
I believe the City interpretation ignores the Prior Lake Zoning Ordinance defined rear yard
setback for a riparian lot. The City interpretation confuses an allowed setback encroachment with
prohibitions in the Bluff Impact Zone. The riparian lot rear yard setback is established by the
OHW Setback and the Bluff Setback, if applicable, and should be treated equal to the standard lot
requirements. The City's interpretation is discriminatory to riparian lots.
-The balcony is allowed by the Prior Lake Zoning Ordinance (PLZO), Para. 1101.503 (8)
" The following shall not be encroachments on rear yard requirements: Balconies, detached
outdoor picllic shelters, alld recreatiollal equipment, if cOllstmcted as provided ill tJ,is
ordinance. "
-The Rear Yard for a riparian lot is defined by the Shoreland Regulations, Section 1104.
PLZO 1101.400 Definitions. "Yard, Rear An area which extends along thefull width of the
rear lot line between the side lot lines and toward ti,e front lot line a distance as specified in
the required yard regulations for the district in which the lot is located. .... II The normal Rear
Yard requirement minimum for the "R-l" use district is 25 feet, PLZO, Para 1102.405. Now,
Shoreland Regulations, PLZO, Para. 1104.302 (4), (table) Structure setback from OHW (feet)
as 75. And, PLZO Para 1104.304, Bluff setbacks, states that the required setback is 25 feet.
The rear yard of a riparian lot is the OHWL setback and the Bluff Setback (if applicable).
-The balcony projects into a rear yard set back; not a prohibited "Bluff Impact Zone"
PLZO Para. 1101.400 Definitions states: "Bluff Impact Zone. A bluff and land located within
20 feet from the top of a bluff:" The key is the stated 20-foot measurement. Now PLZO
Para. 1104.303 "BluffImpact Zones: Structures and accessory facilities, except stairways and
landings, shall not be placed in bluff impact zones." Para 1104.304 Bluff setbacks, states that the
required setback is 25 feet. The planned balcony is not in the 75-foot setback from the OHWL
nor in the 20-foot Bluff Impact Zone. The balcony will be a 4-feet projection from the rear house
wall toward the lake. The balcony edge will be 2] feet from the agreed to "Top of Bluff" line.
The balcony will be 4 feet by 1] feet at the sliding glass door in the main floor "Breakfast area" of
the main floor. The balcony \Vill be of cedar supported by beams extending over the house
foundation. A railing is provided. See attached First Floor and Left Side views.
The inclusion of a balcony on the rear of the house I am to build at 15432 Red Oaks Rd., SE,
(Lots 20 & 21, Red Oaks) Prior Lake is to provide an at-level landing for a stair to go from the
main floor to the ground.
This issue arose when I asked the Zoning Administer about the projection into the side yard for a
chimney, I also said that I was including a balcony per the above references. After the discussion
the chimney was set further into the house to meet side yard requirements. I do believe the
interpretation not allowing the balcony is denying me a right allowed by the Zoning Ordinance.
A point in the referenced letter is that the balcony was not detailed in the survey provided for the
Resolution #99-024 Pc. The chimney chase location, an acknowledged violation, was shown on
that survey. With a literal interpretation of the ordinance, the balcony is a non-factor in the
granted variance. The balcony was not added into the design until mid' January. Please note, other
items considered non-encroachments PLZO 1101.503 (1)&(8), i.e. eaves, air-conditioning unit,
balconies are not shown on the survey.
Please call me at (651 )699-8986 should additional impediments to an agreement on the balcony
issue be identified.
Sincerely,
.,'~~'~
Marvin W. Mirsch Sr.
2260 Sargent Ave., Saint Paul, MN 55105-1158
ATTACHMENT2
RESOLUTION 99-024PC
A RESOLUTION APPROVING A 5.4 FOOT VA.RIA..~CE TO PERI\UT A 19.6
FOOT FRONT YARD SETBACK INSTEAD OF THE REQUIRED 25 FOOT
FRONT YARD SETBACK
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Marvin W. Mirsch Sr. has applied for a variance from the Zoning Ordinance in order
to permit the construction ofa single family dwelling located in the R-l (Low Density
Residential) District and SD (Shoreland) District at the following location, to wit;
15432 Red Oaks Road, legally described as Lot 20 and Lot 21, Red Oaks, Scott
County, Minnesota
2. The Board of Adjustment has reviewed the application for variances as contained in
Case #99-080PC and held hearings thereon on November 22, 1999.
3. The Board of Adjustment has considered the effect of the proposed variance upon the
health, safety, and welfare of the community, the existing and anticipated traffic
conditions, light and air, danger of fire, risk to the public safety, the effect on property
values in the surrounding area and the effect of the proposed variance on the
Comprehensive Plan.
4. Because of conditions on the subject property and on the surrounding property, it is
possible to use the subject property in such a way that the proposed variance will not
result in the impairment of an adequate supply of light a.'1d air to adjacent properties,
unreasonably increase congestion in the public streets, increase the danger of fire, and
danger to the public safety, unreasonably diminish or impair health, safety, comfort,
morals or in any other respect be contrary to the Zoning Ordinance and
Comprehensive Plan.
5. The pre-existing lots of record do not meet the current Ordinance for minimum lot
size in the R-S District. This situation creates an unbuildable lot and a hardship with
respect for the preservation and enjoyment of a substantial property right of the
owner.
6. There is justifiable hardship caused by the lot shape, bluff setback, and ordinary high
water level setback required today and legal building envelope. Reasonable use of the
1:\99fiIes\99var\99-080\appres.doc 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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property does not exist without the granting of the variance to permit a buildable lot
for a single family dwelling.
7. The granting of the Variance will not serve merely as a convenience to the applicant,
and is necessary to alleviate demonstrable hardship.
8. Without the requested Variance the vacant lot is unbuildable.
9. The granting of the variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant. The variance will not serve merely as a
convenience to the applicant, and is necessary to alleviate demonstrable hardship.
10. The contents of Planning Case #99-080PC are hereby entered into and made a part of
the public record and the record of decision for this case.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby approves the
following variance for the proposed structure as shown in Exhibit A:
1. A 5.4 foot Variance to permit a 19.6 foot front yard setback rather than the required
25 foot front yard setback.
The following are conditions which must be adhered to prior to the issuance of a building
permit for the proposed structure:
1. All other City Codes and applicable agency regulations shall be met.
2. The variance must be recorded and proof of recording submitted to the Planning
Department within 60 days. Pursuant to Section 1108.415 of the City Code, the
variance will be null and void if the necessary permits are not obtained for the
proposed structure within one year after adoption of this resolution.
Adopted by the Board of Adjustment on December 13, 1999.
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01/24/00 MON 12:16 FAX 612 699+8986
MARVIN W MIRSCH Sr
~001
ATTACHMENT 3
21 January 2000
Sleven Horsman
Zoning Administrator
The City of Prior Lake
16200 Eagle Creek Ave. S. E.
Prior Lake, MN 55372-1714
Dear Steven.
This letter is to detail the reasoning behind my inclusion of a balcony on th:: rear of the house I am
to build at 15432 Red Oaks Rd., SE, (Lots 20 &21, Red Oaks) Prior Lake. The balcony is to
provide an at-level landing for a stair to go from the main floor to the ground. My reasoning is:
-The bal~oDY is allowed by tbe Prior Lake Zoning Ordin.aDce(pLZO), Para. 1101.503 (8)
"The following shall not be encroachments on rear yard requirements: Balconies. detached
outdoor picnic shelters. and recreational equipment, if constructed as provided in this ordinance."
-The balcony projeds into a rear yard set back; not a prohibited "Bluff Impact Zone"
The balcony will be 4 feet projection from the rear house wall toward the lake. The balcony edge
\\-ill be 21 feet from the agreed to "Top ofBluff"'ine. PLZO Para. 1101.400 Definitions states:
"Bluff Impact ZOlle. A bluff and land located \\-;thin 20 feet from the top of a bluff." The key is
the stated 20-foot measurement. Now PLZO Para. 1104.303 "Bluff Impact Zones: Structures
and accessoIj' facilities, except stairways and landings, shall not be placed in bluff impact zones. II
Para 1104.304 Bluff setbacks, states that the required setback is 25 feet Also, the balcony is not
in the 75 feet setback from the OHWL. The rear yard of a riparian lot is the OHWL setback and
the Bluff Setback (if applicable).
-The balcony is in a rear yard setback not an impact zone and is allowed by PLZO 1101.503 (7).
The balcony \vill be 4 feet by 11 feet at the sliding glass door in the main floor "Breakfast area" of
the main flOOT. The balcony ",ill be of cedar supported by beams extending over the house
foundation. A railing is provided. See attacJled First Floor and Left Side views.
This issue was raised when I asked about the projection into the side yard for a chimney and stated
I was including a balcony per the above references. After our discussions, I understand the issue
was discussed in a Prior Lake Zoning meeting; resulting in a position that a balcony will not be
allowed. I am asking that the issue again be reviewed recognizing the above reasoning. If the
decision again is against the balcony, I do want to appeal the decision to the Plann.ing Commission.
I am trying to resolve any future conflicts and am trying to ensure that the "Assent" agreement is
not later exercised and the building process interrupted_ Thank. you for the information on the
required Engineering reportS.
Please call me at (651 )699-8986 should additional impediments to an agreement on the balcony
Sincerely, /F7' ~ /Y1~
Marvin W. M'i&h" Sr. '" /--
2260 Sargent Ave.. Saint Paul, MN 55105-1158
issue be identified.
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ATTACHMENT 4
January 27,2000
Marvin W. Mirsch, Sr.
2260 Sargent Avenue
St. Paul, MN 55105-1158
Dear Mr. Mirsch:
On January 24, 2000, the City of Prior Lake received your written request to add a
balcony to the back patio door on the main level of your proposed single family structure
at 15432 Red Oaks Road. In your letter you referenced Code Sec. 1101.503: Yard
Encroachments: (8) In part, The following shall not be encroachments on rear yard
requirements: Balconies. The City does not interpret Rear Yard Setbacks [Code Sec.
1102.405(3)] the same as the requirements for Bluff Setbacks [Code Sec. 1104.304].
This means a balcony may encroach into a rear yard setback but not the bluff setback
as in your situation.
In regards to stairways and landings in a Bluff Impact Zone [Code Sec. 1104.303]. The
City interprets stairways and landings to be free standing structures and not connected
to or part of a principal structure, as described in Code Sec. 1104.308 (5) Stairways,
Lifts and Landings.
In addition, Resolution #99-024 PC, approving a Variance to front yard setback
specifically references Exhibit A, a survey showing the location and dimensions of the
structure proposed for this lot. This survey does not identify the balcony you are now
requesting.
If you disagree with the City's interpretation of the Zoning Ordinance you may appeal
this decision to the Planning Commission within 5 days of receipt of this written notice.
should you have any questions regarding this matter, please call my direct phone
number at 447-9854 between 8:00 a.m. and 4:30 p.m., Monday through Friday, and I
will assist you. Enclosed is a copy of our City Code pertaining to the appeals process.
Thank you for your cooperation.
Sincerely,
~
Steven Horsman
Zoning Administrator
16200 ~b0~~Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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ATTACHMENT 6
Zoning Code
Accessol}' Use or Structure. A use or a structure subordinate to the principal
use or structure on the same land and customarily incidental thereto.
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Alley. A public right-of-way, with a width not exceeding 24 feet nor less than 12
feet which affords a secondary means of access to property abutting the alley.
Alteration. Any change, addition, or modification in construction or occupancy of
an existing structure or modification to the surface of the ground.
Antenna. Any structure or device used for the purpose of collecting or transmitting
electromagnetic waves, including but not limited to directional antennas, such as
panels, microwave dishes, and satellite dishes, and omni-directional antennas, (r.-_...
such as whip antennas. _ .
Basement. That portion of the building having more than 1/2 of the ground f1oor-
to-ceiling height below the average grade of the adjoining ground.
Berm. A land alteration where fill is added to the surface of the ground in order to
create an earthen mound or hill generally used in conjunction with walls, fences, or
plant materials to screen or insulate one parcel of land from another or from a
street.
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Block Front. The distance between intersections along one side of a street.
Bluff. A topographic feature such as a hill, cliff, or embankment having the
following characteristics:
City of Prior Lake
May 1, 1999
llOllpS
Zoning Code
~ Part or all of the feature is located in a Shoreland area;
~ The slope rises at least 25 feet above the ordinary high water level of
the water body;
~ The grade of the slope from the toe of the bluff to a point 25 feet or
more above the ordinary high water level averages 30% or more; and
~ The slope must drain toward the water body.
Toe of the Bluff. The lower point of a 50 foot segment with an average slope
exceeding 18%.
Top of the Bluff. The highest point of the slope, as measured from the toe of the
bluff, where the grade becomes less than 30%.
Bluff Impact Zone. A bluff and land located within 20 feet from the top of a bluff.
BLUFF AND BLUFF IMPACT ZONE
Bluff Impact Zone
Blun (Slape- 30"" or Gre.ter)
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Boardinghouse. A building other than a motel or hotel where for compensation or
by prearrangement for definite periods, meals or lodging are provided for 3 or more
persons, but not to exceed 8 persons.
Boathouse. A structure used solely for the storage of boats or boating equipment.
Boulevard. That portion of a street right-of-way between the curb line and
property line.
Bufferyard. An area of land established to protect and screen one type of land
use from another land use that is incompatible. Normally, the area is landscaped
and kept in open space use. Screening techniques include the addition of vertical
elements such as fences, walls, hedges, berms, or other features to mitigate the
effects of incompatible land uses.
May I, 1999
City of Prior lAke
llOllp9
-" ""-
)
Zoning Code
, Yard. A required open space on a lot, which is unoccupied and unobstructed by a
structure from its lowest ground level to the sky except as expressly permitted in
this Ordinance. The yard shall extend along a lot line and at right angles to the lot
line to a depth or width specified in the yard regulations for the district in which the
lot is located.
Yard, Front. An area which extends along the full width of the front lot line
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between side lot lines and toward the rear lot line a distance as specified in the
required yard regulations for the district in which such lot is located.
Yard, Rear. An area which extends along the full width of the rear lot line between
the side lot lines and toward the font lot line a distance as specified in the required
yard regulations for the district in which the lot is located. Where the lot is a comer
lot, the rear yard shall be the area between the interior side lot line and the side
yard abutting a street extending toward the front yard a distance as specified in the
required yard regulations for the district in which the lot is located.
Yard Sale. A sale of assorted secondhand objects, conducted by the property
owner or occupant on their premises for a short period of time. Yard sales,
sometimes called garage sale, are not the primary use of the property or the
primary occupation of the property owner or occupant.
Yard, Side. An area extending along a side lot line between front and rear yards
having a width as specified in the required yard regulations for the district in which
the lot is located.
Yard, Side Abutting a Street. A yard adjacent to a street which extends along a
side lot line between the front yard and rear property line. The required width of
the side yard abutting a street is specified in the dimensional standards of the
district in which the yard is located.
Zoning Administrator. The individual(s) authorized to administer the regulations
of the Zoning Ordinance.
Zoning District. See Use District.
May 1,1999
City of Prior lAke
llOllp31
Zoning Ordinance
j. All home occupations shall be subject to an annual inspection to insure
compliance with the above conditions.
k. All applicable permits from other govemmental agencies have been
obtained.
(2) Group Day Care/Nursery School in a religious institution, community center, or
academic educational institution complying with all of the following conditions:
a. At least 40 square feet of outside play space per pupil is provided.
b. The outside play areas are fenced and screened with a buffer yard.
c. Drop off and loading points are established which do not interfere with
traffic and pedestrian movements.
1102.405 Dimensional Standards.
(1) No structure shall exceed 3 stories or 35 feet in height, whichever is less, except
as provided in subsection 1101.508.
(2) The ground floor area ratio within the R-1 Use District shall not exceed 0.3.
(3) The following minimum requirements and those additional requirements, exception
and modifications contained in provisions (4) through (9) below and in the (...~...,
Subdivision Ordinance shall govem the use and development of lots in the "R-1ft _
Use District.
Lot Area (Sq. ft.)
12,000
Lot Width (ft.)
86
Front Yard (ft.)
25
Side Yard (ft.)
10
Rear Yarcj(ft.)
25
(4) The depth of the front yard of a lot shall be at least 25 feet. If the average depth
of at least 2 existing front yards, for buildings within 150 feet along the same
block front of the lot in question are less or greater than 35 feet, the required
front yard shall be the average depth of such existing front yards. However, the
depth of a front yard shall not be less than 20 feet or be required to exceed 50
feet.
(5) Through lots and corner lots shall have a required front yard on each street..
(6) The width of the side yard abutting a building wall shall be increased 2 inches for
each 1 foot the length of the wall of the building exceeds 40 feet. For the
purpose of this subsection, a wall includes any building wall within 10 degrees of
being parallel to and abutting the side lot line of a lot.
(7) Side yard widths may be reduced if the side wall of a building is not parallel by
more than 10 degrees with the side lot line, to permit the average depth of the
side yard to conform to the minimum side yard depth in the District, but no side
yard shall be less than 5 feet deep. No side yard shall be reduced to prevent
City of Prior lAke
May 22. 1999
l102/p14
Zoning Ordinance
1104.304
Bluff Setbacks: The required setback from the Top of Bluff is determined as
follows: as measured from the Top of Bluff, the upper end of a segment at
least 25 feet in length having an average slope less than 18%.
BLUFF SETBACK
---i
1104.305 Engineering Reports Required: On properties determined to have a bluff,
the applicant for a building permit and the property owner shall provide the
following:
(1) The applicant for a building permit on that property shall provide a report
prepared and signed by a professional engineer registered by the State of
Minnesota on the impact any excavation, fill or placement of structures will
have on the site and whether the excavation, fill or placement of structures
will cause any slope to become unstable or will impose loads that may affect
the safety of structures or slopes. The report shall also include the engineer's
recommendations so the site development will not interfere with adequate
drainage for the site or adjacent properties, will not obstruct, damage or
adversely affect existing sewer or drainage facilities, will not adversely affect
the quality of stormwater runoff, will not adversely affect downstream
properties, wetlands or bodies of water and will not result in erosion or
sedimentation.
(2) The owner of the property shall provide certification from a professional
engineer registered by the State of Minnesota that the final grading of the site
was completed in compliance with an approved grading plan and that the
recommendations contained in the engineer's report have been adhered to.
(3) The Building Official, the Planning Director and the City Engineer may waive
the engineer's report requirement for replacement decks, new decks or
City of Prior Lake
May 1, 1999
l104/p7
Zoning Ordinance
(3) General Development:
Riparian Lots Non-Riparian Lots
Am Lm. Width at Aru Lot Width (Front)
Single 15,000 90 75 12,000 86
Duplex 26,000 135 75 17,000 135
Triplex 38,000 195 75 25,000 190
Quad 49,000 255 75 32,000 245
Tributary:
Riparian OHW
Lot Widths Lot Width
Single 86 75
Duplex 115 75
Triplex 150 75
Quad 190 75
*There are no minimum lot size requirements for rivers and streams.
(4) Setback Requirements:
S
\_,
Natural Recreational General Tributary
Development Development Development Development
Lakes Lakes Lakes Lakes
Structure
height setback 150 75 75 75
from OHW
(feet)
Unplatted
Cemetery (feet) 50 50 50 50
Structure
height 35 35 35 35
limitation (feet)
1104.303
Bluff Impact Zones: Structures and accessory facilities, except stairways
and landings, shall not be placed in bluff impact zones.
City of Prior lAke
May 1. 1999
.
l104/p6
.,. .'"-.
March 14, 2000
Mark Cramer
Planning Commission Chair
4205 Chestnut Lane
Prior Lake, MN 55372
Dear Mr. Cramer:
Enclosed is Resolution 00-04PC denying Mr. Mirsch's Appeal. Please review and sign
the Resolution and return in the self addressed stamped envelope provided.
Should you have any questions regarding this matter, please call my direct phone
number at 447-9854 between 8:00 a.m. and 4:30 p.m., Monday through Friday, and I
will assist you.
Thank you for your cooperation.
Steven Horsman
Zoning Administrator
16200 ~IaW~ Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
February 23, 2000
Marvin Mirsch, Sr.
2260 Sargent Avenue
St. Paul MN 55105-1158
RE: Agenda and Agenda Report
Attached is a Planning Commission Agenda and Staff Report for the February 28, 2000
Planning Commission meeting. You or your representatives are expected to attend the
meeting. You will be given the opportunity to speak regarding your proposal and the
staff report. The meeting begins at 6:30 p.m. and is held at the Fire Station located at
16776 Fish Point Road (east of HWY 13 on the south side of CR 21). If you cannot
attend the meeting, please call me so your item can be deferred to the next Planning
Commission meeting. If you have any questions, please contact me at 447-4230.
Sincerely,
~w
Connie Carlson
Planning Dept. Secretary
Enclosure
16200 Eb~fJ'~~k~WaR~w:n~E:?tpcfP8r Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (6f~g447-4245
AN EQUAL OPPORTUNITY EMPLOYER
CITY OF PRIOR LAKE
16200 EAGLE CREEK AVE SE
PRIOR LAKE, MN 55372
(612) 447-4230, FAX (612) 447-4245
RECEIPT # 36170
DATE: :J -L(-CX)
the sum of
dollars
for the purpose of
Invoice #
$ 1r;,~
MARVIN W. MIRSCH, SR.
..llIlQ M.4llll lit. ll_. Jll&
2260 SARGENT AVE. PPI. _'_ 11111:16
ST. PAUL, MN 5510
OLLARS
Ot First Bank
St. Paul, Minnesota 55101
. ~ FastUn....24-Hour Banking 6121244-4646 . _ ... ~
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29 January 2000
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Zoning Board of Adjustment (Planning Commission)
via: Steven Horsman
Zoning Administrator
The City of Prior Lake
16200 Eagle Creek Ave. S. E.
Prior Lake, MN 55372-1714
Subject: 1109.301 Appeal from the Decision of the Zoning Administrator
Reference: Letter received January 28, Steven Horsman, denying the interpretation that a balcony
is not an encroachment of a rear yard setback.
Dear Reader:
This letter is to appeal the interpretation of the Prior Lake Zoning Ordinance by the Zoning
Administrator that: "The City does not interpret Rear Yard Setbacks (Code Sec. 1102.405(3)]
the same as the requirement for Bluff Setbacks (Code Sec. 1104.304]. This means a balcony
may encroach into a rear yard setback but not a bluff setback. "
I believe the City interpretation ignores the Prior Lake Zoning Ordinance defined rear yard
setback for a riparian lot. The City interpretation confuses an allowed setback encroachment with
prohibitions in the Bluff Impact Zone. The riparian lot rear yard setback is established by the
OHW Setback and the Bluff Setback, if applicable, and should be treated equal to the standard lot
requirements. The City's interpretation is discriminatory to riparian lots.
-The balcony is allowed by the Prior Lake Zoning Ordinance (PLZO), Para. 1101.503 (8)
" The following shall not be encroachments on rear yard requirements: Balconies, detached
outdoor picllic shelters, and recreational equipment, if constructed as provided in this
ordinance. "
-The Rear Yard for a riparian lot is defined by the Shoreland Regulations, Section 1104.
PLZO 1101.400 Definitions. "Yard, Rear An area which extends along thefull width of the
rear lot line between the side lot lines and toward the front lot line a distance as specified in
the required yard regulations for the district in which the lot is located. ...." The normal Rear
Yard requirement minimum for the "R-l" use district is 25 feet, PLZO, Para 1102.405. Now,
Shoreland Regulations, PLZO, Para. 1104.302 (4), (table) Structure setback from OHW (feet)
as 75. And, PLZO Para 1104.304, Bluff setbacks, states that the required setback is 25 feet.
The rear yard of a riparian lot is the OHWL setback and the Bluff Setback (if applicable).
-The balcony projects into a rear yard set back; not a prohibited "Bluff Impact Zone"
PLZO Para. 1101.400 Definitions states: "Bluff Impact Zone. A bluff and land located within
20 feet from the top of a bluff:" The key is the stated 20-foot measurement. Now PLZO
Para. 1104.303 "Blufflmpact Zones: Structures and accessory facilities, except stairways and
landings, shall not be placed in bluff impact zones." Para 1104.304 Bluff setbacks, states that the
required setback is 25 feet. The planned balcony is not in the 75-foot setback from the OHWL
nor in the 20-foot Bluff Impact Zone. The balcony will be a 4-feet projection from the rear house
wall toward the lake. The balcony edge will be 21 feet from the agreed to "Top of Bluff" line.
The balcony will be 4 feet by 11 feet at the sliding glass door in the main floor "Breakfast area" of
the main floor. The balcony will be of cedar supported by beams extending over the house
foundation. A railing is provided. See attached First Floor and Left Side views.
The inclusion of a balcony on the rear of the house I am to build at 15432 Red Oaks Rd., SE,
(Lots 20 & 21, Red Oaks) Prior Lake is to provide an at-level landing for a stair to go from the
main floor to the ground.
This issue arose when I asked the Zoning Administer about the projection into the side yard for a
chimney, I also said that I was including a balcony per the above references. After the discussion
the chimney was set further into the house to meet side yard requirements. I do believe the
interpretation not allowing the balcony is denying me a right allowed by the Zoning Ordinance.
A point in the referenced letter is that the balcony was not detailed in the survey provided for the
Resolution #99-024 PC. The chimney chase location, an acknowledged violation, was shown on
that survey. With a literal interpretation ofthe ordinance, the balcony is a non-factor in the
granted variance. The balcony was not added into the design until mid January. Please note, other
items considered non-encroachments PLZO 1101.503 (1)&(8), i.e. eaves, air~conditioning unit,
balconies are not shown on the survey.
Please call me at (651 )699-8986 should additional impediments to an agreement on the balcony
issue be identified.
Sincerely,
~~~
Marvin W. Mirsch Sr.
2260 Sargent Ave., Saint Paul, MN 55105-1158
January 27, 2000
Marvin W. Mirsch, Sr.
2260 Sargent Avenue
St. Paul, MN 55105-1158
Dear Mr. Mirsch:
On January 24, 2000, the City of Prior Lake received your written request to add a
balcony to the back patio door on the main level of your proposed single family structure
at 15432 Red Oaks Road. In your letter you referenced Code Sec. 1101.503: Yard
Encroachments: (8) In part, The following shall not be encroachments on rear yard
requirements: Balconies. The City does not interpret Rear Yard Setbacks [Code Sec.
1102.405(3)] the same as the requirements for Bluff Setbacks [Code Sec. 1104.304].
This means a balcony may encroach into a rear yard setback but not the bluff setback
as in your situation.
In regards to stairways and landings in a Bluff Impact Zone [Code Sec. 1104.303]. The
City interprets stairways and landings to be free standing structures and not connected
to or part of a principal structure, as described in Code Sec. 1104.308 (5) Stairways,
Lifts and Landings.
In addition, Resolution #99-024 PC, approving a Variance to front yard setback
specifically references Exhibit A, a survey showing the location and dimensions of the
structure proposed for this lot. This survey does not identify the balcony you are now
requesting.
If you disagree with the City's interpretation of the Zoning Ordinance you may appeal
this decision to the Planning Commission within 5 days of receipt of this written notice.
should you have any questions regarding this matter, please call my direct phone
number at 447-9854 between 8:00 a.m. and 4:30 p.m., Monday through Friday, and I
will assist you. Enclosed is a copy of our City Code pertaining to the appeals process.
Thank you for your cooperation.
Sincerely,
Steven Horsman
16200 ~~.~ Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
1109.207
Zoning Code
For applications within the Shoreland and Flood Plain District, a Notice of the
decision must be sent to the Commissioner of the Department of Natural
Resources within 10 days of the date of the decision.
/.~ -..,
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Findings of Fact. The hearing body shall prepare findings of fact which shall
include:
). A statement of the applicable criteria and standards against which the
proposal was tested.
). The reasons supporting a conclusion to approve or deny an application
with or without conditions.
). The decision to approve or deny the proposed application and any
conditions which may be attached to the decision.
1109.300: ApPEALS FROM THE DECISION OF THE ZONING ADMINISTRATOR AND
THE ZONING BOARD OF ADJUSTMENT.
1109.301
1109.302
1109.303
Right to Appeal from the Decision of the Zoning Administrator. At any time
within 5 days after a written order, requirement, permit, decision, refusal, or
determination by the Zoning Administrator has been made interpreting or
applying this Ordinance, except for actions taken in connection with prosecutions
for violation hereof, the applicant or any other person affected by it, or an officer
or department representative of the City may appeal the decision to the Board of
Adjustment by filing a Notice of Appeal with the Planning Department addressed
to the Board of Adjustment stating the action appealed from and stating the
specific grounds for the appeal.
('..~.'."'"
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Setting a Public Hearing. The City shall set a Public Hearing for the appeal by
the Board of Adjustment to be held not less than 10 days nor more than 45 days
after it receives a Notice of Appeal. Notice of the hearing on the appeal before
the Board of Adjustment shall be given by mail to all applicants pursuant to
subsection 1109.200. A notice of hearing shall be published in the official
newspaper of the City at least 10 days before the hearing date if the appeal
involves the determination of boundary lines of a Use District. Any interested
party may appear at the public hearing in person or by agent or attorney.
Board of Adjustment to Decide. The Board of Adjustment shall determine all
appeals from any written order, requirement, permit, decision, refusal, or
determination of the Zoning Administrator; and from any interpretation of the text
of this Ordinance, the location of boundaries of a Use District as shown on the
Zoning Map. The decision of the Board of Adjustment shall be by resolution.
The resolution shall be adopted by a majority vote of all members present and
voting on the issues presented by the appeal. In making the decision, members
of the Board of Adjustment shall consider the questions raised in light of the
general purpose of this ordinance and the Comprehensive Plan. A copy of the
resolution of the Board of Adjustment shall be mailed to the applicant.
May 1. 1999
City of Prior Lake
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