HomeMy WebLinkAbout00-052 Variance
ADDITIONAL
MA TERIAL/PLANS
AVAILABLE IN
LARGE SCALE.
SEE THE
PLANNING
DEPARTMENT FOR
ASSISTANCE AT
(952) 447-9810.
YEAR: :Jc5zID
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Planning Case File No.
Property Identification No.
City of Prior Lake
LAND USE APPLICATION
e&-fJ5"J.-.
16200 Eagle Creek Avenue S.E. / Prior Lake, Minnesota 55372-1714 / Phone (612) 447-4230, Fax (612) 447-4245
Type of Application: Brief description of proposed project (attach additional
o Rezoning, from (present zonine)
to (pro.posed zonine)
o Amendment to City Code, Compo Plan or City Ordinance
o Subdivision of Land
o Administrative Subdivision
o Conditional Use Permit
M Variance
o Other:
~etsInanati.ve if desi!:ed)
."-~~ .de.ck MIl. porcA wi~
Applicable Ordinance Section(s):
Applicant(s): :ros~h. M.<l I\'\.oll, tade.-
Address: ''1f./t/ IS"O A Sf; ,
Home Phone: ~~- 6"8 7 Work Phone: 89'1-' 0/(')0
Property Owner(s) [If different from Applicants]:
Address:
Home Phone: . Work Phone:
Type of Ownership: Fee ~ Contract for Deed _ Purchase Agreement ~
To the best of my knowledge the informa ion provided in t is application and other material submitted is correct. In
addition, I have read the relevant sections of the Prior Lake Ordinance and procedural guidelines, and understand that
applications will not be processed until deemed complete by the Planning Director or assignee.
(2_ L/ . ,(d ~~~ J /J~ ::l-~b-- Date '-~7-00
~ignature ~
Fee Owner's Signature
Date
TillS SPACE TO BE FILLED IN BY THE PLANNING DIRECTOR OR DESIGNEE
PLANNING COMMISSION
CITY COUNCIL
APPROVED
APPROVED
DENIED
DENIED
CONDITIONS:
Signature of Planning Director or Designee
lu-app2.doc
Date
DATE OF HEARING
DATE OF HEARING
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CITY OF PRIOR LAKE
16200 EAGLE CREEK AVE SE
PRIOR LAKE, MN 55372
(612) 447-4230, FAX (612) 447-4245
RECEIPT # 37322
DATE:
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Doc. No. T 113500
Vol. 84 Page 243 Cart. 28240
OFFICE OF THE REGISTRM OF Tm.ES
SCOTT 00UNlY. MNESlTA
Certified Filed an
08-11-2000 at 08:11 roAM (JPM
Pat BoecIcrnJn. Registrar d Tiles
01
byc..q...,... . Deputy Fee: $20.50
Project #
STATE OF l\fiNNESOTA)
)5S.
COUNTY OF SCOTT )
The undersigned, duly qualified and Deputy City Clerk of the City of Prior Lake, hereby
certifies the attached hereto is a true and correct copy ofthe original.
RESOLUTION # OO-OlOPC
CASE FILE # 00-052PC
on file in the office of the City Planner, City of Prior L e
I
l
Dated this 9th day of August. 2000.
(City Seai)
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RESOLUTION OO-OlOPC
A RESOLUTION APPROVING A 25 FOOT VARIANCE TO PERMIT A 0 FOOT
BLUFF SETBACK INSTEAD OF THE REQUIRED 25 FOOT BLUFF SETBACK
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Joseph R. & Molly Cade have applied for variances from the Zoning Ordinance in
order to permit the construction of a deck and porch addition to an existing single
family dwelling on property located in the R-l (Low Density Residential) District and
the SD (Shoreland) District at the following location; to wit;
6444 l50th Street SE. legally described as follows: The east 100 feet of the
west 300 feet of tract H, registered land survey No. 76, files ofthe Registrar of
Titles, Scott County, Minnesota, according to the recorded plat thereof.
2. The Board~ of Adjustment has reviewed the application for variances as contained in
Case #00-052PC and held hearings thereon on July 24, 2000.
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 and air to adjacent properties,
unreasonably increase congestion in the public streets, increase the danger of fire, and
danger to the public safety. unreasonably diminish or impair health, safety, comfort,
morals or in any other respect be contrary to the Zoning Ordinance and
Comprehensive Plan.
5. The existing house, deck and porch on the lot of record does not meet the current
bluff setback requirement. The proposed deck and porch are 178 square feet less in
area than the existing deck and porch. The proposal also removes 756 square feet of
impervious surface that previously existed on the site.
1:\OOfilcs\OOvar\OO.OS2\apprcs.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
08/14/00 15:25 FAX 952 894 6421
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6. There is a justifiable hardship caused by the fact the existing structures already
encroach into the bluff setback. The proposal will actually improve the stability and
condition of the bluff.
7. 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.
8. The contents of Planning Case File #00-052 are hereby entered into and made a part
of the public record and the record of decision for this case.
CONCLUSION
Based upon the Findings set fonh above, the Board of Adjustment hereby approves the
following variance for the proposed structure as shown in Exhibit A:
1. A 25 foot Variance to permit a 0 foot structure setback from a bluff instead of the
required 25 foot bluff setback.
The following are conditions which must be adhered to prior to the issuance of a building
permit for the proposed structure:
1. The proposed structure must be located as shown on attached Exhibit A.
2. The resolution approving the variance must be recorded and proof of recording
submitted to the Planning Department within 60 days.
3. An Assent Form must be signed and, pursuant to Section 1108.400 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 July 26, 2000.
~~- U~~
Thomas E. V onhof, Commissio aIT
I: \OOfilcs\OOvar\OO-052\appres.doc
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EXHIIBIT A SURVEY PROPOSED
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Scott County Customer Service
200 4th Avenue West
. .. Shakopee, MN 55379
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# 43890 11-AUG-2000
Name: CADE JOSEPH
T Copy Conformed 1@
Conformed Copy 1 .00ea
TOTAL FOR FEE 1.00
T Memorial 1@
Torrens 19.50ea
TOTAL FOR FEE 19.50
RECEIPT TOTAL 20.50
Check 20.50
PAYMENT TOTAL 20.50
CHANGE 0.00
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ASSENT OF APPLICANT
File # 00-052
As Approved by Resolution # 00-010
The undersigned hereby assents to the following:
1. I have read the conclusions and conditions of said Resolution, and I am familiar with
their contents and with the content ofthe exhibits.
2. I fully accept all of the terms and conditions of said Resolution.
3. I understand Section 1108.400 ofthe Prior Lake Ordinance Code provides as follows:
1108.413 Revocation and Cancellation of a Variance. A Variance may be
revoked and canceled if the Zoning Administrator determines that the
holder of an existing Variance has violated any of the conditions or
requirements imposed as a condition to approval of the Variance, or has
violated any other applicable laws, ordinances, or enforceable regulation.
1108.414 After One Year. No Construction Required. All Variances shall be
revoked and canceled if 1 year has elapsed from the date of the adoption
of the resolution granting the Variance and the holder of the Variance
has failed to make substantial use of the premises according to the
provisions contained in the Variance.
1108.415 After One Year. New Construction Required. All Variances shall be
revoked and canceled after 1 year has elapsed from the date of the
adoption of the resolution granting the Variance if a new structure or
alteration or substantial repair of an existing building is required by the
Variance and the holder has failed to complete the work, unless a valid
building permit authorizing such work has been issued and work is
progressing in an orderly way.
1108.416 Upon Occurrence of Certain Events. If the holder of a Variance fails
to make actual use of vacant land, or land and structures which were
existing when the Variance was issued and no new structure, alteration
or substantial repair to existing buildings was required; or if a new
structure was required by the Variance and no building permit has been
obtained, the Variance shall be deemed revoked and canceled upon the
occurrence of any of the following events:
(1) A change in the Use District for such lands is made by amendment to
the Zoning Ordinance by the City Council.
L:\TEMPLA TEW ARIANCE\ASSENT.DOC
1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
(2) Eminent domain proceedings have been initiated to take all or any
f r mi described in the Variance.
(3) The use described in the Variance becomes an illegal activity under
the laws of the United States of America or the State of Minnesota.
(4) Title to all or part of land described in such Variance is forfeited to
the State of Minnesota for nonpayment of taxes.
(5) The person to whom the Variance was issued files a written statement
in which that person states that the Variance has been abandoned.
The statement shall describe the land involved or state the resolution
number under which the Variance was granted.
(6) The premises for which the Variance was issued are used by the
person to whom the Variance was issued in a manner inconsistent
with the provisions of such Variance.
4. I understand the granting by the City of this Resolution is in reliance on the
representations that I will fully comply with all of the terms and conditions of said
Resolution. I understand and agree upon notice of non-compliance with any term or
condition, I shall immediately cease conducting activities pursuant to the notice or
will take all actions necessary to accomplish full compliance with said notice and
conditions of the Resolution.
:;(/O/dO
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NA URE OF APPLICANT
~3: U h /
SIGNAT OF OWNER
6444 150th STREET, PRIOR LAKE, MN
ADDRESS OF PROPERTY
L:\TEMPLA TEW ARIANCE\ASSENT.DOC
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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
Planning Commission Minutes
July 24, 2000
Planning Coordinator Jane Kansier presented the Planning Report dated July 24,2000 on
file in the office of the Planning Department.
The Planning Commission held a public hearing to consider this item on July 10, 2000.
The Commission continued the hearing to July 24, 2000, to allow the developer to
address several issues raised in the staff report.
After discussing these issues with the staff, the developer is not able to submit the
necessary information for this meeting. He has therefore requested this item be continued
to the August 14,2000, Planning Commission meeting.
MOTION BY CRIEGO, SECOND BY ST AMSON, TO CONTINUE THE HEARING
TO AUGUST 14,2000.
Vote taken indicated ayes by all. MOTION CARRIED.
B. .. C~ ~2 Iose'.....,~ Cade are requesting a variance from the
minimum setback to the top of bluff and bluff impact zone for the property located
at 6444 150th Street.
Planning Coordinator Jane Kansier presented the Planning Report dated July 24,2000 on
file in the office of the Planning Department.
The Planning Department received a variance application for the construction of a porch
and deck addition to an existing single family dwelling on the property located at 6444
150th Street. The lot is a legal nonconforming lot of record because there is an existing
structure on the lot which was originally built in a bluff setback zone before setbacks
were established. The applicants are requesting a 25 foot variance to the bluff setback to
permit a porch and deck addition to be setback at the top of bluff rather than at the
minimum 25 foot setback.
On April 4, 2000, the Engineering Department issued an excavating/filling permit for
landscape improvements to the bluff area that included removing old steps and landscape
timbers and replacing them with stone steps and boulder retaining walls.
The applicants have provided an engineer's report on the proposed addition's location in
relation to the bluff impact zone.
The Department of Natural Resources submitted comments on this request. In essence,
the Department of Natural Resources is not opposed to the replacement of existing
conditions utilizing the existing footings, but opposes the proposed addition.
Staff felt the hardship criteria with respect to the replacement of the existing porch and
deck into the bluff setback have been met. The requested bluff setback variance can be
reduced to minimize the affect of the addition by replacement of the existing footprint.
I :\OOfiles\OOplcomm\OOpcmin\mn072400.doc
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Planning Commission Minutes
July 24, 2000
The staff therefore recommends denial ofthe requested variance as proposed on Exhibit
A but recommends approval of a bluff setback variance permitting replacement of the
existing deck and porch additions.
Comments from the public:
Applicant Joe Cade, said they were not going to extend the patio to add a hot tub. They
will be removing about 900 square feet of concrete. The proposal is to tear up all of the
concrete and build a 3-season porch, not a 4-season porch. They were having a problem
with ants eating the deck and porch which precipitated some of the decision to replace the
deck. Architects, a surveyor and engineer have been working on this since last fall. They
are trying to improve the bluff and drainage. Cade presented pictures of his home and
explained he cannot change any of the structure without a variance. There were problems
with erosion and runoff. The City approved a grading permit and the applicant
redesigned and improved the landscape on the hillside. The porch is two feet wider
because of the steps. Cade felt rebuilding the existing deck will create the same problem.
The new design will be an improvement. They have done everything staff requested. An
engineer submitted a report in support. The neighbors support their plan.
Criego:
. Questioned ifthe applicant knew the difference between the existing deck square
footage and the proposed deck. Cade said he did not calculate it out but probably the
same.
. Did the applicant get DNR approval? Cade responded the City approved. The DNR
was not involved.
Atwood:
. Questioned if the hot tub concrete area is there right now? Cade said there is nothing
there but mud and weeds. He explained they did not know they needed a variance
until the contractor applied for a building permit.
. How will the new proposal improve the impact on the bluff? Cade responded the
entire project improves the bluffby removing the concrete and adding areas for
plants. The footings will not cause any movement to the bluff.
Stamson:
. Are the current footings 12 feet from the house? Cade said there were.
Gary Grote, lives adjacent to Cade's house, said the bluff has not changed in 20 years and
there has never been a problem. Supported the plan.
Larry Benjamin, also lives adjacent to the applicant, said the blufflaw has good intent but
the work being done is to reinforce the bluff. The bluff law was not in place when the
home was built. With proper footings and reinforcement of the bluff, this project will
1:\OOfiles\OOplcomrn\OOpcmin\mn072400.doc
4
Planning Commission Minutes
July 24, 2000
give a very beautiful appearance. He felt the variance will only enhance what work has
been done so far.
Larry Christenson, lives two doors down, said the neighbors supported the plan.
John (inaudible) 6386 150th Street, appreciated the improvements and supported the
request.
Comments from the Commissioners:
Stamson:
. Explained the bluff ordinance is a model statute to all cities in the State and the DNR
enforces it fairly strictly.
. The house was built before the ordinance.
. The State lays out criteria for the variance.
. Concurred with staff and DNR that the hardship is met with the replacement but not
the encroachment.
. The DNR proposes replacing the deck on the current footings.
. Would be willing to allow applicant to replace the footings in the current place and
allow to cantilever the deck 2 feet. This would give the applicant a somewhat larger
deck and fairly close to what he is proposing. It gives the applicant 2 extra feet
without any impact to the bluff.
Atwood:
. Agreed with cantilevering the deck, it allows almost what they are proposing.
. Cades are obviously sensitive to the environment and bluff.
. Because of the footing issue, it could be revised and yet still viable for the applicant
and stay within the boundaries of the bluff setback.
Criego:
. Requested the applicant explain Exhibit C. Cade responded.
. Questioned what was going to be under the deck area. Cade said it would be rock and
pavers and explained the existing runoff problems.
. Questioned staff on the improvements. McDermott responded the applicant applied
for a grading permit with the City because all the work is done above the 904
elevation. The DNR is not involved unless it is below the 904 elevation.
. Kansier explained the grading permits do not require public review. It is done
administratively. The City is required to forward on to the DNR for their comments
on a variance request in the Shore land District.
. The bluff has been changed and is probably more stable.
. What is being asked for is more in the 90's than the 70's. Ifthe square footage of the
deck is approximately the same it should not impact the bluff.
. Supported the design as long as it stays within the footage.
I: \OOfi les\OOp1cornrn\OOpcrnin \rnn072400 .doc
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Planning Commission Minutes
July 24, 2000
V onhof:
· House built 24 years ago into the bluff.
· The actual bluffhas been modified by construction ofthe house.
· Modifications have been made to the bluffwall for stability.
· The proposed deck will extend 26 feet at the spear. The rest of the deck is
approximately 14 feet wide.
· Explained the bluff ordinance and what can be done with structures.
· Overall, the improvements to the bluff and increased encroachment of a deck is an
improvement.
· By engineering standards one can show the applicant is not causing any damage.
· The Commission has to consider the hardship criteria.
· Would support the reduction ofthe impervious surface and maintaining the square
footage.
Stamson:
· Looking at the landscape helped out. More inclined to agree that the increase is not
as significant.
· Keep the impervious surface by the placement ofthe boards.
McDermott said the proposed deck is 175 feet less than the existing deck.
Cade explained the unfinished work.
MOTION BY CRIEGO, SECOND BY STAMSON, TO APPROVE THE REQUEST,
WITH THE CONDITION THE EXISTING CONCRETE PATIO BE REMOVED.
Vote taken indicated ayes. MOTION CARRIED.
A recess was called at 8: 12 p.m. The meeting reconvened at 8: 18 p.m.
C. Case #00-043, #00-044 and #00-045 Wensmann Realty is requesting a
Rezoning from the R-1 district to the R-2 district, a Preliminary pun Plan and a
Preliminary Plat, consisting of 60.93 acres to be subdivided into 54 single family lots
and 122 townhome lots and 2 common area lots.
Planning Coordinator Jane Kansier presented the Planning Report dated July 24, 2000 on
file in the office of the Planning Department.
Wensmann Realty, Inc., has applied for approval ofa development to be known as
Wensmann 1st Addition on the property located north ofCSAH 82, approximately 1/4
mile west ofCSAH 21 and east of Wilds Parkway. The application includes the
following requests:
1:\OOfiles\OOplcomm\OOpcmin\mn072400.doc
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PLANNING REPORT
AGENDA ITEM:
SUBJECT:
SITE:
PRESENTER:
REVIEWED BY:
PUBLIC HEARING:
DATE:
5B
CONSIDER A VARIANCE TO BLUFF SETBACK, FOR
JOSEPH & MOLLY CADE, Case File #00-052
6444150th STREET SE
STEVEN HORSMAN, ZONING ADMINISTRATOR
JANE KANSIER, PLANNING COORDINATOR
_X_ YES NO
JULY 24,2000
INTRODUCTION:
The Planning Department received a variance application for the construction of
a porch and deck addition to an existing single family dwelling on the property
located at 6444 150th Street (Exhibit A Survey Of Proposed Conditions). The
lot is a legal nonconforming lot of record because there is an existing structure
on the lot which was originally built in a bluff setback zone before setbacks were
established. The following variance has been requested by the applicant:
A 25 foot variance to the bluff setback to permit a porch and deck
addition to be setback at the top of bluff rather than at the minimum 25
foot setback.
DISCUSSION:
The subject property is located within the R-1 (Low Density Residential) and the
Shoreland (SO) Districts. The lot is riparian with a top of bluff determination at
the 936 foot elevation contour along the west lot line and the 940 elevation
contour along the east lot line. The lot is approximately 104 feet wide and 301
feet deep for an area of 31 ,056.5 square feet to the 904 foot elevation. The
original house was built into the bluff in 1976 (Exhibit B Survey of Existing
Conditions). As determined, the top of bluff runs diagonally through the existing
structures.
The existing deck is approximately 12 feet deep by 68 feet wide with a 12 foot by
12 foot roofed screened porch on the east end (porch not on survey but verified
by field inspection). An existing concrete patio is directly below the deck and
porch, along the entire back of house at the basement walkout level. The deck
setback to the 904' ordinary high water mark (OHWM) is 110.23 feet.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
The proposed 4 season porch addition is approximately 12 feet wide and 14 feet
deep and the proposed deck dimensions very with a maximum depth of 26 feet
at the point and spear heading back to 14 feet deep by 38 feet wide with an 18
foot walkway that connects to a spiral stair case. In addition, the lower level
patio is proposed to be increased to accommodate a ground level deck with hot
tub (Exhibit C Porch, Deck & Patio Plans). The proposed setback from the
deck to the 904' OHWM is 101.46 feet. As proposed the new deck structure
encroaches approximately 8.77 feet deeper into the bluff impact zone.
The proposed plans include a total impervious surface area of 7,146 square feet
for a 23% hard surface coverage area, and is within the acceptable 30% allowed
by Ordinance 1104.306 (Exhibit D Impervious Surface Calculations).
On April 4, 2000, the Engineering Department issued an excavating/filling permit
for landscape improvements to the bluff area that included removing old steps
and landscape timbers and replacing them with stone steps and boulder
retaining walls.
The applicants have provided an engineer's report on the proposed additions
location in relation to the bluff impact zone (Exhibit E Barr Eng. Letter).
The Department of Natural Resources has submitted comments on this request
(Exhibit F DNR Letter). In essence, the Department of Natural Resources is not
opposed to the replacement of existing conditions utilizing the existing footings,
but opposes the proposed addition.
VARIANCE HARDSHIP STANDARDS
1. Where by reason of narrowness, shallowness, or shape of a lot, or
where by reason of exceptional topographical or water conditions or
other extraordinary and exceptional conditions of such lot, the strict
application of the terms of this Ordinance would result in peculiar and
practical difficulties or exceptional or undue hardship upon the owner
of such lot in developing or using such lot in a manner customary and
legally permissible within the Use District in which said lot is located.
The bluff setback variance could be minimized by permitting replacement of
the existing porch/deck conditions. Therefor, the variance as requested for
the proposed addition does not meet the hardship standards.
2. Conditions applying to the structure or land in question are peculiar to
the property or immediately adjoining property, and do not apply,
generally, to other land or structures in the Use District in which the
land is located.
L:\OOFI LES\OOV AR\OO-052\V ARRPT.DOC
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The bluff restrictions were adopted into the City's Zoning Ordinance after the
construction of the original structure. The bluff is also a unique condition of
the property and neighborhood, but is not exclusive to this neighborhood or
lot.
3. The granting of the proposed Variance is necessary for the preservation
and enjoyment of a substantial property right of the owner.
The granting of the bluff setback variance can be reduced by redesigning the
proposed structure eliminating the additional 8.77 foot encroachment into the
bluff impact zone.
4. The granting of the proposed Variance will not impair an adequate
supply of light and air to the adjacent property, unreasonably increase
the congestion in the public streets, increase the danger of fire, or
endanger the public safety.
The granting of the bluff setback variance for replacement of the existing
porch and deck should not impair adequate light and air to adjacent
properties nor endanger the public safety. However, approval of the
proposed addition could be detrimental the adjacent properties, as the
encroachment is further than the existing structure and disturbance of the
bluff will occur.
5. The granting of the Variance will not unreasonably impact on the
character and development of the neighborhood, unreasonably
diminish or impair established property values in the surrounding area,
or in any other way impair the health safety, and comfort of the area.
The setback variance to the bluff as proposed will have an impact on the
natural topography of the lot. Replacement of the existing conditions will
have a lesser impact.
6. The granting of the proposed Variance will not be contrary to the intent
of this Ordinance and the Comprehensive Plan.
The granting of the setback variance for existing replacement is not contrary
to the ordinance as long as all other ordinance criteria are met such as
impervious surface and the OHWM setback.
7. The granting of the Variance will not merely serve as a convenience to
the applicant but is necessary to alleviate a demonstrable undue
hardship or difficulty.
The variance to the bluff is not necessary as proposed, as the existing
structure could be replaced with less of an impact on the bluff.
L:\OOFILES\OOV AR\OO-052\V ARRPT .DOC
Page 3
8. The hardship results from the application of the provisions of this
Ordinance to the affected property and does not result from actions of
the owners of the property.
The increased bluff encroachment variance is a result of actions by the
property owner and could be eliminated upon redesign of the structure.
9. Increased development or construction costs or economic hardship
alone shall not be grounds for granting a Variance.
Financial considerations are not the grounds for the granting of this variance.
RECOMMENDATION:
Staff feels the hardship criteria with respect to the replacement of the existing
porch and deck into the bluff setback have been meet. The requested bluff
setback variance can be reduced to minimize the affect of the addition by
replacement of the existing footprint. The staff therefore recommends denial of
the requested variance as proposed on Exhibit A but recommends approval of a
bluff setback variance permitting replacement of the existing deck and porch
additions.
If the Planning Commission feels a variance to the bluff setback is appropriate,
this item should be continued to a date specific to allow the applicant to redesign
the structure, and revise the accompanying survey.
ALTERNATIVES:
1. Approve the variances requested by the applicant, or approve any variances
the Planning Commission deems appropriate in the circumstances.
2. Table or continue discussion of the item for specific purpose.
3. Deny the application because the Planning Commission finds a lack of
demonstrated hardship under the zoning code criteria. In this case, the
Planning Commission should direct staff to prepare a resolution with findings
denying the variance requests.
ACTION REQUIRED:
A Motion and second adopting Resolution 00-10PC denying the setback
variance to the top of bluff as proposed by the applicant.
L:\OOFILES\OOV AR\OO-052\V ARRPT .DOC
Page 4
RESOLUTION OO-OlOPC
A RESOLUTION DENYING A 25 FOOT VARIANCE TO PERMIT A 0 FOOT
BLUFF SETBACK INSTEAD OF THE REQUIRED 25 FOOT BLUFF SETBACK
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
I. Joseph R. & Molly Cade have applied for variances from the Zoning Ordinance in
order to permit the construction of a deck and porch addition to an existing single
family dwelling on property located in the R-I (Low Density Residential) District and
the SD (Shoreland) District at the following location, to wit;
6444 150th Street SE, legally described as follows: The east 100 feet of the
west 300 feet of tract H, registered land survey No. 76, files of the Registrar of
Titles, Scott County, Minnesota, according to the recorded plat thereof.
2. The Board of Adjustment has reviewed the application for variances as contained in
Case #00-052PC and held hearings thereon on July 24,2000.
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, the
proposed variance will result in the impairment of an adequate supply of light and air
to adjacent properties, unreasonably increase congestion in the public streets, increase
the danger of fire, and danger to the public safety, unreasonably diminish or impair
health, safety, comfort, morals or in any other respect be contrary to the Zoning
Ordinance and Comprehensive Plan.
5. The proposed deck and porch addition increases the existing encroachment into a
bluff impact. The applicant has control over the house design and shape, such that
the hardship created has been created by the applicant. Reasonable use of the
property exists with a smaller building footprint.
6. While there is a bluff on the lot, there is no justifiable hardship caused by the bluff as
reasonable use of the property exists without the granting of the variance.
l:\template\variance\denyres.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
7. The granting of the variance, as originally requested, is not necessary for the
preservation and enjoyment of a substantial property right of the applicant. The
variance will serve merely as a convenience to the applicant, and is not necessary to
alleviate demonstrable hardship. The factors above allow for an alternative structure
to be permitted with a reduced variance or none at all.
8. The contents of Planning Case #00-052PC are hereby entered into and made a part of
the public record and the record of decision for this case.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby denies the
following variance for a future deck and porch addition to a single family dwelling (as
shown in attached Exhibit A);
1. A 25 foot Variance to permit a 0 foot structure setback from a bluff instead of the
required 25 foot bluff setback.
Adopted by the Board of Adjustment on July 24, 2000.
Thomas E. V onhof, Commission Chair
ATTEST:
Donald R. Rye, Planning Director
I: \template\variance\denyres.doc
2
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EXHIBI.T .0. .IMPERV.'IOUS W.OR.KSHEET
CITY OF PRIOR LAKE
.. .. Impervious Surface Calculations' .... " . .:. .
... . . r~o. be ~ubmitted wIth B~iIding Pennit AppIiCltion)'. .. . .
For All Prop~~esLocate.d in the Shoreland District (SD).
The Maximum Impervious Surface Coverage Pemutted ii:i 30 Percent.
Property Address 6#4 -' I~~ 71f 57)?El!rT
IAUIJ 7~ ;
Lot Area :3 ~ ~56 ," l 'p~ ~/,) . Sq. Feet x 30% =' ........~..... e; 3/6, 9')"
*****~**** ***********************************~*************************
LENGTH
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HOUSE
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. TOTAL DETACHED BUILDINGS.............._...... /VA
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TOTAL P A YED AREAS....._.__................_.__......
<iATI~ORCHES/DECKS .
(Open Decks ~.. min. opening- betwe:n
boards. with a pervious surface below,
Bra not considered to be impervious)
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Date 7-1'?-UJ~ .
Phone # 43'2 - ~t?O
Barr Engineering Company
4700 West 77th Street. Minneapolis, MN 55435-4803
Phone: 952-832-2600 . Fax: 952-832-2601
BARR
Minneapolis, MN . Hibbing, MN . Duluth, MN . Ann Arbor, MI . Jefferson City, MO
June 20, 2000
Mr. Joseph R. Cade
6444 150th Street
Prior Lake, Minnesota
Dear Mr. Cade,
This letter report concerns the impact of the proposed deck and three-season porch on your property at
6444 150th Street, Prior Lake, Minnesota with respect to the stability of the bluff slope in accordance with
the zoning ordinance subsection 1104.305. Philip B. Solseng, Barr Engineering Co. reviewed the property
on Saturday, June 17,2000 and the plans were received and reviewed on Monday, June 19,2000. The
following is a summary of the findings.
The existing deck and concrete patio will be removed and replaced with a new deck and 3-season porch.
The existing deck and patio are above the bluff but within the bluff setback (as defined by Zoning
Ordinance 11 04.303 and 1104.304) and on a relatively flat area in back of the house. The proposed
addition will be the same. A landscaping plan by Yardscapes dated January 25, 2000 and updated March 4,
2000 shows a retaining wall along the bluff slope where the slope is steeper than about 30 percent. The
proposed deck and 3-season porch are shown to be generally greater than about fifteen feet away the
retaining wall. The west side of the house is an exception where a small retaining wall is proposed along a
slope of about 18 percent and the distance is greater than about five feet away from the footing. A
discussion with Mr. David Kophmann from Yardscapes, who performed more extensive excavation for the
landscaping than could be visually observed, reported that the soil was a hard sandy clay, most probably a
sandy clay till.
A plan prepared by Chris Doehrmann Architect Inc. dated May 19,2000 shows the plan and elevations of
the proposed deck and 3-season porch. The deck and 3-season porch are proposed to use 6x6 timber posts
on 24-inch diameter concrete footings for a foundation. You mentioned that there have been no reported
incidents of instability on the bluff. Therefore, based upon the Yardscapes landscaping plan, the Chris
Doehrmann plan, discussion with Mr. David Kophmann, and visual observations of the property, the
proposed deck and 3-season porch will not impose loads or cause an adverse impact on the structural
stability of the slope.
The landscaping plan by Yardscapes shows proposed drainage contours that are essentially unchanged from
the existing drainage condition. The concrete areas shown on the plan by Chris Doehrmann Architect Inc.
are slightly larger than the existing condition but will not affect drainage more than the existing condition.
Therefore, the drainage from the site and adjacent properties is essential unchanged and will not impact the
quality of runoff, downstream properties, wetlands or bodies of water and will not result in erosion or
sedimentation any more than currently exists.
I trust this letter report is satisfactory and provides the necessary documentation for meeting the
'rements of the Zoning Ordinance with regard to construction on the above referenced property.
EXHIBIT E ENG. LETTER
~
!tftP
V1
~v~
SENT BY: DNR METRO;
7-18- 01:18PM; 6127727573 :>
6124474245;
#1/1
EXHIBIT F DNR LETTER
Minnesota Department of Natural Resources
Metre> W~H,crs - ) 200 Warner Road, Sl. P,l1.II, MN 55106-6793
Telephone: (651) 772-7910 "'ax: (651) 772-7977
July 18,2000
Steve Horsman, Zoning Administrator
City of Prior Lake
16200 Eagle Cr~ek A venue SE
Prior Lake, MinneSoT,f.\. 55372-17 J 4
RE: Bluff Selhack Variance RcqucSl, 6444 150lh Street, Prior Lake
De,H- Mr. Horsman:
[have reviewcU the m(Jt,crial~ you sent relalive lo the, rcquc~l for a bluff setback variance for conslrudion
oj" a porch, deck, and patio addition at an ex isting residential stl1Icture located at 6444 150111 StreeL, and
offer the following comments for consideration.
[ l appears the existing home was constructed in to the bluff it:;;dr. presumably prior lo hllJff sel'back
regulations_ DN R is concerned about maintaining both the structural and visual integriry of bluffs. Past
bl,tlff failure on Prior Lake only reinforces those concerns. The propor;;al for 11 deck., patio, and porch does
not allempl to minimize encroachment in to the bluff setback.
The DNR does not support the proposed bluff setback variance as presented irl the rnateri.lls yOll
submitted. If there is '-In existing deck on the structure, DNR would not oppose replacement on the
(:x iSl.ing footprint. utilizing existing footings. This would climinatt:: additional impacts to the bluff and
bluff impact zone.
DNR conlends it would be difficult to successfull.y argue hardship as defined by Minnesota Slatutes,
Chapter 462.
Thm,k YOll again for the opporlunity to review and comment on the proposed variam:e. If you have any
questions, please call rlle al 65 J -772-7917.
\~ereJY.
X~-r~~-- __-
PUlrick J. Lynch ~-
Area Hydrologisl
J')NI<. InlllrnHllion: 65 I 296.6157 . 1-888-MI'.l-oj()7 . Try: ()51 ,2~1(" ,"i4X4 . I-HlIIJ-h'i'l-'W)")
/\11 Uqll(i1 Opl'"rluIlIlY EmpluY':1
Who V;l1lw,:, 1'lIv,.w~:II;v
Pnnll!'d 1111 Rl~(,:YI~II,:d 1'~llh:1 ('I,II1Ii.IIIIJUg ~\
MlIlIHHnn (If In~,'l P":"II'C'IHP,flllh". \\-'a~ll:
August 9,2000
Joseph & Molly Cade
6444 150th Street
Prior Lake, MN 55372
RE: Recording of the Variance Resolution and Assent Form Acknowledgment
Dear Mr. & Mrs. Cade:
The purpose of this letter is to advise you that Resolution #00-010PC approving
a variance on the property located at 6444 150th Street must be recorded at the
Scott County Land Records Office. A building permit will not be issued until
proof of recording has been submitted to the Planning Department. The
variance will be null and void per Section 1108 of the City Code within one year if
the project is not completed or if construction has not commenced (see Assent
Form ).
Enclosed is a certified copy of the original Resolution to be recorded at the Scott
County Recorders office. The other copy is to be stamped as recorded by the
recorders office and returned to the City Planning Department as proof of
recording. Also included is a copy for your records.
In addition, the enclosed Assent Form must be signed by all property owners and
returned to the City Planning Department prior to the issuance of any necessary
permits.
If you have any questions about this matter, please contact me at 447-9810.
Sincerely,
9~~v~
Steven Horsman
Zoning Administrator/Inspector
1:\OOfiles\OOvar\OO-052\recdlet.doc
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Minnesota Department of Natural Resources
Jll 2 0 tml
Metro Waters - 1200 Warner Road, St. Paul, MN 55106-6793
Telephone: (651) 772-7910 Fax: (651) 772.,3977
July 18,2000
Steve Horsman, Zoning Administrator
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372-1714
RE: Bluff Setback Variance Request, 6444 150th Street, Prior Lake
Dear Mr. Horsman:
I have reviewed the materials you sent relative to the request for a bluff setback variance for construction
of a porch, deck, and patio addition at an existing residential structure located at 6444 150th Street, and
offer the following comments for consideration.
I t appears the existing home was constructed in to the bluff itself, presumably prior to bluff setback
regulations. DNR is concerned about maintaining both the structural and visual integrity of bluffs. Past
bluff failure on Prior Lake only reinforces those concerns. The proposal for a deck, patio, and porch does
not attempt to minimize encroachment in to the bluff setback.
The DNR does not support the proposed bluff setback variance as presented in the materials you
submitted. If there is an existing deck on the structure, DNR would not oppose replacement on the
existing footprint, utilizing existing footings. This would eliminate additional impacts to the bluff and
bluff impact zone.
DNR contends it would be difficult to successfully argue hardship as defined by Minnesota Statutes,
Chapter 462.
Thank you again for the opportunity to review and comment on the proposed variance. If you have any
questions, please call me at 651-772-7917.
~rely,
~~
Patrick J. Lynch
Area Hydrologist
DNR Information: 651-296-6157 . 1-888-646-6367 . TrY: 651-296-5484 . 1-800-657-3929
An Equal Opportunity Employer
Who Values Diversity
Printed on Recycled Paper Containing a
Minimum of 10% Post-Consumer Waste
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July 20,2000
Joseph & Molly Cade
6444 150th Street SE
Prior Lake MN 55372
RE: Agenda and Agenda Report
Attached is a Planning Commission Agenda and Staff Report for the July 24, 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.
Cba:M
Connie Carlson
Planning Dept. Secretary
Enclosure
I:\deptwork\blankfrm\meetltr.doc Page 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Barr Engineering Company
4700 West 77th Street. Minneapolis, MN 55435-4803
Phone: 952-832-2600. Fax: 952-832-2601
BARR
Minneapolis, MN . Hibbing, MN . Duluth, MN . Ann Arbor, MI . Jefferson City, MO
June 20, 2000
Mr. Joseph R. Cade
6444 150th Street
Prior Lake, Minnesota
Dear Mr. Cade,
This letter report concerns the impact of the proposed deck and three-season porch on your property at
6444 150th Street, Prior Lake, Minnesota with respect to the stability of the bluff slope in accordance with
the zoning ordinance subsection 1104.305. Philip B. Solseng, Barr Engineering Co. reviewed the property
on Saturday, June 17,2000 and the plans were received and reviewed on Monday, June 19,2000. The
following is a summary of the findings.
The existing deck and concrete patio will be removed and replaced with a new deck and 3-season porch.
The existing deck and patio are above the bluff but within the bluff setback (as defined by Zoning
Ordinance 1104.303 and 1104.304) and on a relatively flat area in back of the house. The proposed
addition will be the same. A landscaping plan by Yardscapes dated January 25,2000 and updated March 4,
2000 shows a retaining wall along the bluff slope where the slope is steeper than about 30 percent. The
proposed deck and 3-season porch are shown to be generally greater than about fifteen feet away the
retaining wall. The west side of the house is an exception where a small retaining wall is proposed along a
slope of about 18 percent and the distance is greater than about five feet away from the footing. A
discussion with Mr. David Kophmann from Yardscapes, who performed more extensive excavation for the
landscaping than could be visually observed, reported that the soil was a hard sandy clay, most probably a
sandy clay till.
A plan prepared by Chris Doehrmann Architect Inc. dated May 19,2000 shows the plan and elevations of
the proposed deck and 3-season porch. The deck and 3-season porch are proposed to use 6x6 timber posts
on 24-inch diameter concrete footings for a foundation. You mentioned that there have been no reported
incidents of instability on the bluff. Therefore, based upon the Yardscapes landscaping plan, the Chris
Doehrmann plan, discussion with Me. David Kophmann, and visual observations of the property, the
proposed deck and 3-season porch will not impose loads or cause an adverse impact on the structural
stability of the slope.
The landscaping plan by Yardscapes shows proposed drainage contours that are essentially unchanged from
the existing drainage condition. The concrete areas shown on the plan by Chris Doehrmann Architect Inc.
are slightly larger than the existing condition but will not affect drainage more than the existing condition.
Therefore, the drainage from the site and adjacent properties is essential unchanged and will not impact the
quality of runoff, downstream properties, wetlands or bodies of water and will not result in erosion or
sedimentation any more than currently exists.
I trust this letter report is satisfactory and provides the necessary documentation for meeting the
irements of the Zoning Ordinance with regard to construction on the above referenced property.
~
ltptP
V1
JV~
March 27, 2000
Brian Koenig
Yardscapes
8609 Harriet Avenue South
Bloomington, MN 55420
SUBJECT:
EXCA VA TINGIFILLING PERMIT
6444 150TH STREET
PRlOR LAKE, MN
Dear Mr. Koenig:
The Engineering and Planning Departments have reviewed the subject permit and are prepared to
approve it subject to the following conditions and/or clarifications:
1. The stairs may be no more than 4 feet in width and must be at least 10 feet from the
904 elevation.
2. Landings may not exceed 32 square feet.
3. Soil can be rearranged on-site but not exported or imported.
4. A building permit is required for any walls greater than 4 feet in height.
5. Erosion control must be in place and inspected by the Engineering Department prior
to any work.
6. Submit a $23.50 non-refundable permit fee. A $150.00 deposit is also required
which will be returned upon satisfactory completion of the proposed work.
7. The applicant must sign the permit (enclosed).
When the items listed above are addressed, the City will issue the permit. If you have any
questions, please call me at 447-9832.
Sincerely,
Jw4~
Sue McDermott, P .E.
Assistant City Engineer
CITY OF PRlOR LAKE
cc: Steve Horsman, Zoning Administrator
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
G:\LEITERSlSUEOO\GPCADE.DOC AN EQUAL OPPORTUNITY EMPLOYER
MEMORANDUM
DATE:
TO:
FROM:
RE:
CC:
March 23, 2000
Walter Ehresmann
Steven Horsman
Grading Permit @ 6444 150th Street
Jane Kansier, Planning Coordinator and Susan
McDermott, Asst. City Engineer
On March 2, 2000, I requested from the applicant a revised survey to include 1
foot contours in a suspected bluff area on the subject lot. Upon review of the
revised survey received on March 17, 2000, I have determined a bluff does exist
on the lot. Therefore, any grading work done in this area falls under Shoreland
Ordinance Section 1104.308(5) Stairways, Lifts, and Landings. Also, any
proposed structures on the site are regulated by Ord. 1104.303 Bluff Impact
Zones, and 1104.304 Bluff Setbacks, and 1104.305 Engineering Reports
Required. The landscape plan submitted appears to include retaining walls over
4 feet in height.
Any questions my extension is 219.
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CITY OF PRIOR LAKE
APPLICATION FOR
EXCA V A TlNG/FILLING PERMIT
Permit No. QOG- - 0 4 Date ---=LJ . L/ I 00
447-4230
Applicant Y A~l>'SC1\PE'S / C.APE e..eb\t>EWcE
Address: 8 ~(ll 1M RJ..11ZT AVe: SIJlA T1-I '?;L.OOM lA.K;fdN I
MN
Phone" 881" Z 7't:f-
.55J{ZC
Phone /iI.{O'" ~Lf81
Property Owner: C-AbE'r<esl~E'l<<.E'
Address: Co4ql./ Is-a ~ Sf. ':j(/? KJ" LA ~c I
Contractor: Y A R.bS<:A p8$
Address: ~(.,6q /lAf2.fU5, t1l1e. ~(Ju.TH Et./JO,I1IJJG,lJlJ J
Consultant Engineer/Surveyor 1'ro\oe E~,"'e~t"I~~ Co. . ~(.. .
Address: [<Xx::> E'. /4' ~ Sf. -gUfl}.);I//u..E I MN s;s"!.~7
Location of Property: 01./"1'1 /56'1i1. St-I"td -n,Ofl. LA~ti, PIN 5"~37Z
.
Legal Description: TH~ lEAST t()() I dF THE. wt5>T 3GlO I ()F /ft.Aa H. ~5'. L1\tJ.b Su~"Y .tJ. 7/P SL.d1T (P.
Will the excavation or filling be in a: Watercourse Wetland Upland X
Purpose for the proposed excavating or filling: ~ep~\~~ l7~..V" l."'C..~ll.Ai"'j w",\lWt(. l>~) A \so
(lM~CIV'e.. f~~ ~ ~~. LA\(C. o.V\J. r<<,~\~ ~e \,oQ,ck lja.~ +0 Q. lNIort .",~ c:;M-<.
w I~ l-""tl~G().r I '" ~
Estimated start date: M^Y' I ZOO::::> Completion date: MAY \s; ~
What is the type of material to be removed or deposited: Il'MIo<<'S o.VlP-.. ~ +. 10'<.. ,(,CJ.M#v~Q. . 15cv..\cO.(.~ I
Gra.V\t-k c&+..~ I Tn,.e.s J C;;~~C I 1'e('eM"",o.('S I ~""\I\~("$ J M'-'I.\ ~ .... 'So.t +., b" 1:>e~ Jell .
In what manner will the material be removed and/or deposited? ~y \-l-AN~ "...st:> 1>'1" 'l:O&()fT"
fiN SSS7Z
Phone # '?S%7-279'1
t<<N S"G'I1,o
Phone ,,432- 3000
~
What highway, street, or other public way will material for removal or depositation be hauled or carried? I b"b - ~. 't ,"w.j l~
What, if any, street, avenue, lane, alley, highway. right of way, thoroughfare or public ground will be obstructed?
IT SHALL BE THE RESPONSIBILITY AND THE BURDEN OF THE APPUCANT TO DEMONSTRATE TO THE SA nSPAC110N OF THE crrv
ENGINEER POR THE CITY OF PRIOR LAKE THAT THE PROPOSED EXCA V AnON AND/OR PILUNG COMPUES WITH THE 0VE1lALL crrv
OF PRIOR LAKE STORM WATER MANAGEMENT PLAN. SAID BURDEN SHALL INCLUDE THE FURNISHING OF A REPORT WITH SUPPORT.
ING CALCULA nONS OF A REGISTERED PROFESSIONAL ENGINEER.
Will proposed excavation or depositon affect the City of Prior Lake overall storm water management plan? Yes _ No .L..If
yes, show proposed effect.
SUBMISSION REQUIREMENTS:
(A) Completed application form (B) Completed legal description (C) Map or plat of the proposed filling or excavating showing location and amount of material
proposed to be removed of deposited. with a description of the area (D) 'The depth or heights to which such removal or deposition is proposed throughout the
area and the proposed angle of all slopes to be shown on a 2' contour map at a scale of I" - SO' or larger: The proposed and origirial contours shall be shown in.
eluding all property within 1 SO' of proposed excavation or deposition and shall be signed by an engineer or surveyor registered in the State of MillllelOU .(E)
Erosion control plan (F) Affect on existing utilities (G) Protection of site by erection of suitable fence. guard or barricade (H) Application fee (I) Bond. letter of
credit, or deposit of monies in a sum sufficient to pay the cost of restoring a site. The extra ordinary costs of repairing. highways. streets or other public way.
along designated routes of travel and to pay such expenses u the City may incur by reason of doing anything required to be done (1) Public liability insurance.
Amount of bond Letter of credit. X liability insurance provided
c.t.Jl' J~fee ~ 2. 3, '3 0 Signature of applicant Datel:/{' ~ 0<0
-1..M:.11oU) ~\c::.. A~~
CK--permit deposit -...) 0, () 0 City Engineer Date (f'()
~~OL'\"\<::>,..Jc; : Permit is valid if signed by City Engineer. . ~
CD All ~(OC;\O~ k> be. i^~./eJJu;J J iV\~cJeeJ PV ~-It
pY'f'o.r -to ~io.di ~' rf " . I
@ Co-ll W~ l+ ~r\v.e'5fV-'6U'\rt at 4l/ 1- <1831 -tOy 11 ~
\ V\.~c..t-l 011"\
CITY OF PRIOR LAKE
Impervious Surface Calculations' ." ..
.. <roo be ~ubmitted ~tth B~ilding Permit Application)', .. .
For All Properties Located in the Shoreland District (SO).
The Maximum Impervious Surface Coverage Pemntted hi 30 Percent.
Property Address 6#4 -' /~~ 71f 5~
Lot Area 1f a.56 , if (~ ) Sq. Feet x 3~% -' ......,.,..... tJ 3/6, 9<;
*****~**** ***********************************~*************************
LENGTH
WIDTH
SQ. FEET
HOUSE
x
x. .
x
=
ATIACHED GARAGE
=
2/()/
TOTAL PRINCIPLE STRUCTURE.__.._...
DETACHED BLDGS
(Garage/Shed)
, . ... . - ,--. .... , x;" ,
x
TOTAL DETACHED BUILDINGS.............._......
NA
~RlVEW i;i)PA VED AREAS X
(glli-:... ~~ l'a/88 8r R8~ P1Z1~PI2'velS~ x.
€~arking Areasj)ZA7 + tJ; '110
Cc)fltt I PAO .
TOT.AL PAVED AREAS...._..._................_...........
=
U6l-
/,~~
'143
"
=
=
4b7fi
~TI9)poRCHES/DECKS .
(Open Decks ~.. min. opening- between
boards. with a pervious surface below,
are not considered to be impervious)
rJZo(lD$~ (JfJr2cH~
51;
rA8814~lIe ..
p/f'lH- (l;xwr) .
=
uz,
=
rl..
x~
= --L/oB
. ..., 'TOTAL DECKS.~~~..~......~~.....~~....~.~:.~......- ." 3 7 p.
OTHER
x
x
=
=
TOTAL OTHER......_...._...4........----...---.... .#1'1
.
TOTAL IlVIPERVIOUS SURFACE
~VER. 'L
Prepared By .Z;:. -;) p
Company ,tw~.~ a.
I 7 14" I,
I ~/7{)#.q~ I
Date 7-1t?-~ .
Phone # 4J2-~o
II (WE 0 ) 1 0 : 04
PROBE ENGINEERING CO
- ..
TE~;~l~. 432 3723
P. 002
..
. . . .. , .:. I --,":0'. ",':'. .'IO'~' _' ,', .., .' . - .
: . .__~'.OEP~ot(~::.....:...
., "Im{Je~o~ Sun-ace Caic:u~tl~t;W:,. ..,.. ..
~ _ ,. fl:o. .. ';RibInj~ wilb "~ildinl Permit ,AppUa~~f .. . .
For All Properties Lbcated in the Shoreland District (SD). .
The Maximum Impe~ious Surfiice coveraae~Peniiittedniii :lO'Percent.
. Properly Address.IJ!/4tf':. .'Kb.#I- {f'~ n
'Lo~Area ~/t; I;~". 5' ~~) Sq. Feet x 3~. .. ....~:,:,.;... '4rH".-'1r
........... .......................................**........*..........
. .. ..
.;
. ". .' .. .'
LENOni
WIDlH
SQ. .FEET
HOUSE
x
x..
x
..
..
ATIACHED GARAGE
-
TOTAL PRINCIPLE STRUcrtJRE--_m
. ---
~//JI
. DETACHED SLOGS
(O__Ie/Shed)
. . .. ., ,.... . - ,-- ..... x' .
..
.' x
TOTAL DETACHED BUILDINGS.--_.-.._.
#4
'<ERiVBW~AVED'AREAS .x -_ ~E. .Z-...
{1iiI1I'Ii. au a~ ,I.. all ar ~a'} AIM_ "'.("fU~~ x' /ML;.
(SldewalklParkinl Areas), x - 14"l '
rOT~ PAVED AREAB..---...-----. ~
~no~~~.
(Open DccIcI W. min. ,ol*lina- t.tw.m
bnniI. wilb . .."iouI surfmt below.
ue not CGIIIidlnli'lD btI. i,!,~~).
.x.
x
-~..
-
x
-
.. , .. "TOTAL DECKS. ...~.~~_...T.....:~..~~.~~...~~::~: .. -.~..._.- ," IZ,8:~
dniEa.
x
X
-
-
TOTAL OTHER--...- ... ...____- pA
. .
TOTAL IMPERVIOUS SURFACE
~~.~ ". ~ 0-1- . '
Prepared,By '7~' --:-/~ .
ComplU1Y tt..~. ~ . .'~ t;.-
...' ... ... .. ~ .
I 8()5"9
'1/In,,-. .
~ate I-I''''~P
Phone f. "'~'2 :.... ]-/lt7~
CITY OF PRIOR LAKE
ORC PROJECT REVIEW CHECKLIST
PROJECT NAME: Variance #OO-052PC: Porch/deck addition in a bluff
setback area
APPLICANT: Joe & Mollv Cade
CONTACT PERSON: Steve Horsman
SITE INFORMATION
PID#:
LOCATION: 6444 150th Street
EXISTING ZONING: R-1, SD
DISTRIBUTE TO: APPLICATION FOR:
X Frank Bovles X Bud Osmundson Administrative Land Division
X Sue Walsh X Sue McDermott Comprehensive Plan Amend.
X Raloh Teschner Jeff Evens Conditional Use Permit
Lani Leichtv Home Occupation
X Bob Hutchins Rezoning
X Don Rve X Doua Hartman Site Plan
X Jane Kansier X Fire Chief Preliminary Plat
X Bill O'Rourke PUD
X DNR - Pat Lvnch X Minneaasco Final Plat
Countv Hwv. Dept. X Watershed Dist. X Variance
MNDOT Telephone Co. Vacation
SMDC X Electric Co.
Mediacom Cable Met. Council
Date Received 7/5/00 Date Distributed 7/12/00 Date Due 7/18/00
Complete Application Date Distributed to DRC Meeting
Date DRC
Publication Date Tentative PC Date Tentative CC
Date
60 Dav Review Date Review Extension
I :\template\variance\referral.doc
Page 1
I have reviewed the attached proposed request [Name & Case File] for the following:
'I Water City Code Gradinq
Y.. Sewer Storm Water Siqns
Zoninq Flood Plain County Road Access
Parks Natural Features Leqal Issues
Assessment Electric Roads/Access
Policy
Septic Svstem Gas Building Code
Erosion Control Other '" (<-\4:: .... CrJ'"iS
Recommendation:
/ Approval
Denial
_ Conditional Approval
Comments:
SEYJEIl.. tAsO'\E,J'f" rlN LIIK(.!.,l)(. M' Pfl.oPf..Jl.r'l'
f/\.op<>s!:. AIll:"TlC)'" SHo>J.b NoT' cc,J.f Lle..- W IT''"rI E'tlSI'ME..v"
Signed:
~~ /vi ~+:f-
Date:
7117/00
I I
Please return any comments by 7/18/00, to
Steve Horsman, Zoning Administrator
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (612) 447-9854
Fax: (612) 447-4245
I :\template\variance\referral.doc
Page 2
CITY OF PRIOR LAKE
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372
FAX # 447-4245 - TELEPHONE # (612) 447-4230
FAX COVER SHEET
TO:
FAX#:
lL~ : 50
L{L{5-/ S J3C
DATE:
TIME:
FROM:
SUBJECT: l\)0I1c ~~<:-'! Cy- ~ ~ Z5 I ~
MESSAGE: ~ {J~~0 (~ q.5l-Lt'-l7-Cf~y
i CvJi L2&u
Number of Pages Sent (Including This Page):
2-
NOTICE OF HEARING TO CONSIDER THE FOLLOWING:
A VARIANCE FROM THE MINIMUM SETBACK TO THE TOP OF
BLUFF AND BLUFF IMPACT ZONE
FOR THE CONSTRUCTION OF A FUTURE SINGLE F AMIL Y DWELLING ON
PROPERTY LOCATED IN THE R-1 DISTRICT (LOW DENSITY RESIDENTIAL)
AND THE SHORELAND DISTRICT (SD) IDENTIFIED AS 6444l50TH STREET,
PRIOR LAKE, MN.
You are hereby notified that the Prior Lake Planning Commission will hold a public
hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road SE (Southwest of
the intersection of County Road 21 and Fish Point Road), on: Monday, July 24, 2000,
at 6:30 p.m. or as soon thereafter as possible.
APPLICANT: Joseph R. & Molly F. Cade
6444 1 50th Street
Prior Lake, MN 55372
SUBJECT SITE: 6444 150th Street, Prior Lake, MN, legally described as: The
east 100 feet of the west 300 feet of tract H, Registered Land
Survey No. 76, files of the Registrar of Titles, Scott County,
Minnesota, according to the recorded plat thereof.
REQUEST: The applicant is intending to construct a porch and deck addition to
an existing single-family house with attached garage. The existing
structure and new structures are less than the minimum setback to
the top of bluff and bluff impact zone.
If you are interested in this issue, you should attend the hearing. Questions related to this
hearing should be directed to the Prior Lake Planning Department by calling 447-4230
between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. The Planning
Commission will accept oral and/or written comments. Oral or written comments should
relate to how the proposed construction and requested variances are or are not consistent
with the above-listed criteria.
Prepared this 5th day of July, 2000.
Steven Horsman
City of Prior Lake
To be published in the Prior Lake American on July 8, 2000.
L:\OOFI LES\OOV AR\OO-052\H EARNOTE.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
thence southerly along the west line of sllid ,
Northeast Quarter to the point ofbeginning.
Subject to and together with an
easement for dri veway purposes over and
across that part of said Northeast Quarter
of Section 34, Township 115, Range 22,
Scott County, Minnesota described as
follows:
A strip of land 50.00 feet in width
lying 25.00 feet on each side of the following
:Iescribed center line; Commencing at the
southwest comer of the Northeast Quarter
Jf Section 34, Township 115, Range 22,
Scott County, Minnesota; thence on an
Issumed bearing of North I degree 07.
ninutes 25 seconds West along the west
ine of said Northeast Quarter a distance of
1205.30 feet; thence South 75 degrees 27
ninutes 35 seconds East a distance of
ioo. 74 feet to the point of beginning of the
:enter line to be described; thence North 86
legrees 34 minutes 45 second East adistance
If298.05 feet; thence southeasterly 166.21
eet along a tangential curve concave to the
outhwest, radius 118.71 feet; central angle
:0 degrees 13 minutes 12 seconds; thence
:outh 13 degrees 12 minutes 03 seconds
last a distance of 276.35 feet; thence
putheasterly 99.87 feet along a tangential
urve, concave to the northeast, radius
85.91 feet; central angle 7 degrees 16
\inutes 50 seconds; thence South 20
egrees 28 minutes 53 seconds East a
istance of 558.07 feet; thence
~utheasterly 98.91 feet along a tangential
urve, concave to the west, radius 274.53
:ct, centra! angle 20 degrees 38 minutes 38
:conds; thence South o degrees 09 minutes
5 seconds West along tangent a distance
r 25.00 feet to the south lien of said
'ortheast Quarter and said center line
lere terminating, also an easement for
riveway purposes which lies within the
rcumference of a 60.00 foot radius circle,
Ie center of said 60.00 foot radius circle
:ing the point of beginning of the above
:scribed center line.
If you desire to be heard in reference to
is matter, you should attend this public
~aring. The Planning Commission will
icept oral and or written comments. If
~u have questions regarding this matter,
Intact the Prior LakePlanning Department
447-9810. '
Jane Kansier, Planning Coordinator
City of Prior Lake
ublished in the Prior Lake American on
lturday, July 8, 2000; No. 7332)
THE LEGAL NOTICE
DEADLINE FOR THE
pRIOR LAlfE AMERICAN
IS AT NOON ON THE
WEDNESDAY
PRECEDING THE' NEXT
PUBLICATION.
1AXES NOT ACCEPTED.
Ol'pt:/IIlt: ngall~) lO pan ana lOSS unU! comomed. ~erve WIth cneese.~erves
2t04. ,', "..~ftC(),O~C
Monday, iuly 17
Country fried steak, mashed
potatoes-country gravy, succotash
or cottage cheese-fresh fruit on
lettuce, buttermilk biscuit,
pumpkin bar. OPTIONS: SR
country gravy, RCD fig bar.
, Tuesday, July 18
Sloppy Joe on a bun, JoJo
potatoes-ketchup, creamy
coleslaw, peach pie. OPTIONS:
SR sloppy Joe on bun, SR diced
potato-onion, RCD peach sauce.
Wednesday, July 19
African chicken, spinach, baked
potato-margarine or broccoli
cheese casserole, melon slice,
dinner roll, cookies and creme
dessert. OPTIONS: RCD fresh
orange.
Thursday, July 20
'Meatloaf, Lyonnaise potatoes,
marinated cucumber with onion,
rye bread, ginger cookie.
OPTIONS: RCD pineapple
chunks.
Friday, July 21
Sliced ham or breaded chicken
patty, sweet potatoes, brussel
sprouts, 12-grain bread, tropical
fruit cup. OPTIONS: SR ham.
Menus subject to
change. Anyone 60 years of age
and older and his or her spouse
is welcome. Reservations must be
made by 10 a.m., two days in
advance. Call 447-8895 between
9 a.m. and 12:30 p.m. Monday
through Friday for any questions
you may have. Arrangements
may be made for transportation
to the senior citizen center.
The program is
sponsored by the, CAP Agency,
serving Scott, Carver and
Dakota counties, and it is funded
under the Older Americans Act
by a grant from the Metropolitan
Council on Aging, Minnesota
Board of Aging, the State of
Minnesota, and participant
contributions.
NOTICE OF HEARING TO CONSIDER THE FOLLOWING:
A VARIANCE FROM THE MINIMUM SETBACK TO
THE TOP OF BLUFF AND BLUFF IMPACT ZONE
FOR THE CONSTRUCTION OF A FUTURE SINGLE FAMILY
DWELLING ON PROPERTY LOCATED IN THE R-I DISTRICT (LOW
- DENSITY RESIDENTIAL) AND THE SHORELAND DISTRICT (SD) <::::::
IDENTIFIED AS 6444 ISOTH STREET, PRIOR,LAKE, MN.
You are hereby notified that the Prior Lake Planning Commission will hold a
public hearing at Prior Lake Fire Station # I, located at 16776 Fish Point Road
SE (Southwest of the intersection of County Road 21 and Fish Point Road), on
Monday, July 24, 2000, at 6:30 p.m. or as soon thereafter as possible. ,
APPLICANT: Joseph R. & Molly F. Cade
6444 150th Street
Prior Lake, MN 55372
SUBJECT SITE: 6444 150th Street, Prior Lake, MN, legally described as:
The east 100 feet of the west 300 feet of tract H, Registered Land Survey No. 76,
files of the Registrar of Titles, Scott County, Minnesota, according to the re-
corded plat ~hereof.
REQUEST: The applicant is intending to construct a porch and deck addition to
an existing single-family house with attached garage. The existing structure and
new structures are less than the minimum setback to the top of bluff and bluff ~, ,~
impact zone.
If you are interested in this issue, you should attend the hearing. Questions
related to this hearing should be directed to the Prior Lake Planning Department
by calling 447-4230 between the hours of 8:00 a.m. and 4:30 p.m. Monday through
Friday. The Planning Commission will accept oral and/or written comments. Oral
or written comments should relate to how the proposed construction and re-
quested variances areot are not consistent with the above-listed criteria.
Prepared this 5th day of July, 2000.
Steven Horsman
City of Prior Lake
Published in the Prior Lake American on July 8, 2000.
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AFFIDAVIT OF SERVICE BY MAIL
COUNTY OF SCOTI )
)ss
STATE OF MINNESOTA)
~
of the City of Prior L County of Scott, State of
Minnesota, being dul sworn, says on the ---l2L day 0 , 2000, she served
the~ed list of persons to have ap. interest in the
~ ~~ I~ ' by mailing to them a copy thereo ,
enclosed in envelope, postage prep3.1d, and be deposltmg same m the post office at
Prior Lake, Minnesota, the last known address of the parties.
Subscribed and sworn to be this
day of , 2000.
NOTARY PUBLIC
I..:\DEPTWORK\BLANKFRM\MAILAFF.OOC
NOTICE OF HEARING TO CONSIDER THE FOLLOWING:
A VARIANCE FROM THE MINIMUM SETBACK TO THE TOP OF
BLUFF AND BLUFF IMPACT ZONE
FOR THE CONSTRUCTION OF A FUTURE SINGLE F AMIL Y DWELLING ON
PROPERTY LOCATED IN THE R-1 DISTRICT (LOW DENSITY RESIDENTIAL)
AND THE SHORELAND DISTRICT (SD) IDENTIFIED AS 6444150TH STREET,
PRIOR LAKE, MN.
You are hereby notified that the Prior Lake Planning Commission will hold a public
hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road SE (Southwest of
the intersection of County Road 21 and Fish Point Road), on: Monday, July 24, 2000,
at 6:30 p.m. or as soon thereafter as possible.
APPLICANT: Joseph R. & Molly F. Cade
6444 150th Street
Prior Lake, MN 55372
SUBJECT SITE: 6444 150th Street, Prior Lake, MN, legally described as: The
east 100 feet of the west 300 feet of tract H, Registered Land
Survey No. 76, files of the Registrar of Titles, Scott County,
Minnesota, according to the recorded plat thereof.
REQUEST: The applicant is intending to construct a porch and deck addition to
an existing single-family house with attached garage. The existing
structure and new structures are less than the minimum setback to
the top of bluff and bluff impact zone.
If you are interested in this issue, you should attend the hearing. Questions related to this
hearing should be directed to the Prior Lake Planning Department by calling 447-4230
between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. The Planning
Commission will accept oral and/or written comments. Oral or written comments should
relate to how the proposed construction and requested variances are or are not consistent
with the above-listed criteria.
Prepared this 5th day of July, 2000.
Steven Horsman
City of Prior Lake
Mailed on July 13, 2000.
L:\OOFILES\OOV AR\OO-052\MAILNOTE.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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. NEW ABSTRACTS
CONTINUATIONS
CLOSING SERVICE
REGISTERED PROPERTY ABSTRACTS
TITLE INSURANCE
RECORDING SERVICE
SCOTT COUNTY ABSTRACT AND TITLE, INC.
223 HOLMES STREET, P.O. BOX 300
SHAKOPEE, MINNESOTA 55379
David Moonen and Dale Kutter
Telephone: (612) 445-6246
FAX: (612) 445-0229
June 29, 2000
Joe Cade
6444 150th Street
Prior Lake, MN 55372
To Whom it may concern:
According to the 2000 tax records in the Scott County Treasurer's office,
the following persons listed on Exhibit "A" are the owners of the property
which lies within 350 feet of the following described property:
The East 100 feet of the West 300 feet of Tract H, Registered
Land Survey No. 76, Scott County, Minnesota.
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'Davi E. Moonen
President
'-~~.:;:~~";:~~J.;:.2~~~"::::':~'.?,~<-:_'E,v... .
I (, .....}:,..~". SCOTT COUNlY ABSTRACT
\ "", , '.. . .r.: AND TITlE, INC.
\'Z ' .' Licensed Abstractor
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MEMBER MINNESOTA LAND TITLE ASSOCIATION
AGENT FOR CHICAGO TITLE INSURANCE COMPANY
LARRY CHRISTENSEN
6406 150 ST SE
PRIOR LAKE MN 55372
STEPHANIE JEAN HAIDER
6386 150 ST SE
PRIOR LAKE MN 55372
GARY ALLEN GROTE
6422 150 ST SE
PRIOR LAKE MN 55372
RONALD A & JUDITH K ANDERSON
6366 150 ST SW
PRIOR LAKE MN 55372
LAWRENCE & CAROLYN BENJAMIN
6466 150 ST SE
PRIOR LAKE MN 55372
CITY OF PRIOR LAKE
CITY ADMINISTRATOR
16200 EAGLE CREEK AV
PRIOR LAKE MN 55372
DONALD F & ROSEMARY ENGEL
6480 GLASCOW TRL
PRIOR LAKE MN 55372
SHEPHERD OF THE LAKE CHURCH
15033 HWY 13 S
PRIOR LAKE MN 55372
GRETA MANGULIS
6526 GLASCOW TRL SE
PRIOR LAKE MN 55372
LOWER MINN RIVER WTRSHD DIS
151 126 ST W
BURNSVILLE MN 55337
M If) lJ AJI2.
OLIVER D & SHIRLEY KALDAHL
6500 GLASCOW TRL SE
PRIOR LAKE MN 55372
JOHN J & VIRGINIA COSTELLO
2177 STANFORD AVE
ST PAUL MN 55105
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Cade Variance
Case File #00-052
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