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Home My WebLink About00-077 Variance t 4 Planning Case File No. 00-0,1 Property Identification No....R'- 031- ~ City of Prior Lake . LAND USE APPLICATION 16200 Eagle Creek Avenue S.E./Prior Lake, Minnesota 55372-1714/ Phone (612) 447-4230, Fax (612) 447-4245 Type of Application: Brief description of proposed project (attach additional o Rezoning, from (present zonin~) to (propo~ed zonin!:) o Amendment to City Code, Compo Plan or ~ity Ordinance o Subdivision of Land o Administrative Subdivision o Conditional Use Permit \ti Variance o Other: ~eets/9rJtve if des~ d I? 4 4 'De che 8'Q(Q0-c:.- Applicable Ordinance Section(s): Applicant s : Address: Home Phone: Property Owner(s) [lfditTerent from Applicants]: Address: Home Phone: Type of Ownership: Work Phone: Fee _ Contract for Deed _ Purchase Agreement---... To the best of my knowledge the information provided in this application and other material submitted is correct. In addition, I have read the relevant sections of the Prior Lake Ordinance and procedural guidelines, and understand that ap ations will not b rocessed u til deemed complete by the Planning Director or assignee. q -,tg7f6 r; -if; -Db Date TIDS SPACE TO BE FILLED IN BY THE PLANNING DIRECTOR OR DESIGNEE PLANNING COMMISSION CITY COUNCIL APPROVED APPROVED DENIED DENIED DATE OF HEARING DATE OF HEARING CONDITIONS: Signature of Planning Director or Designee lu-app2.doc Date . CITY OF PRIOR LAKE 16200 EAGLE CREEK AVE SE PRIOR LAKE, MN 55372 (612) 447-4230, FAX (612) 447-4245 RECEIPT # 38505 DATE: lD-z:-OD Received of '-- - dollars the sum of for the purpose of \/ ahvtuLli ~ Invoice # $ ltJD.oo ~ 75-905/919 3747 . \l~ ~LM-w11JG- (j@T: lZ.v~ (Z~LfYJ..f!LtI:j ~~ 4~~l0 State of Minnesota ) )ss. ) o A 492966 Doc. N. Nl'f RECORDER OFFlCE OF TNH~C~~NNESOTA SCOTT COU ' Recorded on Certified A\ed andlor ,30 Receipt 68470 01-03-2001 at 09. eountY Recorder 01 Pat ~n,oepu\Y Fee: $30.50 'oY~' County of Scott I, Kelly Meyer, being duly sworn, as Deputy City Clerk for the City of Prior Lake, do hereby certify that the attached .a€~lf\IDM (!JJ{);O;;..o fJC- is a true and correct copy of the original as passed and adopted by the ~LAJ..wIAJ& c.f)W-IU$..U9N of the City of Prior Lake at its ()~~e,~I1~ 1 t I 'J-tge!). meeting. Date: ~ 2.€>, U1G() h:\certify.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER RESOLUTION 00-020PC A RESOLUTION APPROVING A 3 FOOT VARIANCE TO PERMIT A 22 FOOT ACCESSORY STRUCTURE SETBACK FROM A PROPERTY LINE ABUTTING A STREET; A 4 FOOT VARIANCE TO PERMIT AN ACCESSORY STRUCTURE TO BE SETBACK 6 FEET FROM THE REAR PROPERTY LINE; AND A 582.6 SQUARE FOOT VARIANCE TO PERMIT AN IMPERVIOUS SURFACE COVERAGE AREA OF 2,847 SQUARE FEET (37.7%) BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. Angie Marie Cawley has applied for a variance from the Zoning Ordinance in order to permit the construction of a detached accessory structure on a lot with an existing single family dwelling located in the R-l (Low Density Residential) and SD (Shoreland Overlay) Districts at 4260 Grainwood Circle NE, and legally described as follows: Lot 6, Subdivision of Outlot A, Grainwood Park, Scott County, Minnesota, according to the recorded plat thereof. 2. The Board of Adjustment has reviewed the application for variances as contained in Case File #00-077PC and held hearings on November 27, 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, including substandard lot area, public street encroachment, and the location of the existing structure, 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 platted lot of record is substandard in area and the proposed garage structure does not meet required setbacks. This situation creates a hardship with 1: \OOfiles\OOvar\OO-077\aprsOO-020pc.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 respect for the preservation and enjoyment of a substantial property right of the owner. 6. There is justifiable hardship caused by the substandard lot area, the public street encroachment, and location of the existing structures. Reasonable use of the property does not exist without the granting of the variance to permit a garage improvement to 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. 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. 9. The contents of Planning Case File #00-77PC 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 3 foot variance to permit an accessory structure to be setback 22 feet from a property line abutting a street rather than the required 25 feet. 2. A 4 foot variance to permit an accessory structure to be setback 6 feet from a rear property line rather than the required 25 feet. 3. A 582.6 square foot variance to permit an impervious surface coverage area of 2,847 square feet (37.7%) rather than the allowable coverage area of 2,264.4 square feet (30%). The following conditions must be adhered to prior to the issuance of a building permit for the proposed structure: 1. Applicant to submit building plans with eave/overhangs projecting no greater than one foot from the exterior building wall. 2. The building permit is subject to all other City Ordinances and applicable agency regulations. 3. The Variance Resolution must be recorded and proof of recording submitted to the Planning Department within 60 days from the adoption date. An Assent Form must be signed and, pursuant to Section 1108.400 of the City Code, the variance will be null 1: \OOfiles\OOvar\OO-077\aprsOO-020pc.doc 2 and void if the necessary permits are not obtained for the proposed structure within one year after adoption ofthis resolution. Adopted by the Board of Adjustment on December 11, 2000. u~ Donald R. Rye, ~ 1:\OOfiles\OOvar\OO-077\aprsOO-020pc.doc 3 " E CERTIFICATE OF SURVEY For: Angie Cawley . ' aD ,,",'t\O "~ ~ ".. \ \ '""\ c:.? 0... .0.. ......,. ,.,...-:-" G r 0:)'''; ,'~ . ~ 000;. D'" o c\...~ C\\" ~~. - ~ G) ;0 ):> - z c:::::.._ FOUND IRON PIPE LIES c:::::: NORTH 1.12 FEET AND o WEST 0,12 FEET o CJ o - ~;o o r fT1 FOUND IRON PIPE LIES SOUTH 1.07 FEET AND Z EAST 0.48 FEET . f11 . I 1\1 -7 L.V I / ~ GRAVEL DRIVE ~ TO BE REMOVED I 1\1 r- \ \ L.V I :::) ~ "" c t; I 1\1 II C'5 LVI "'f"" "-: ~ \ ~ l\1 ~ ~ ~ Scale: 1"=30' Page 2 of 2 James R. Hill, Inc. f' CERTIFICATE OF SURVEY For: Angie Cawley PROPERTY DESCRIPTION: Lot 6, "SUBDIVISION OF OUTLOT "Au GRAINWOOD PARK", Scott County, Minnesota. We hereby certify that this is a true and correct survey of the above described property and that it was performed by me or under my direct supervision and that I am a duly Licensed Surveyor under the laws of the State of Minnesota. That this survey does not purport to show all improvements, easements or encroachments, to the property except as shown thereon. Signed this 29th day of September Notes: 1. No specific title search for existence or non- existence of recorded or un-recorded easements has been conducted by the surveyor as a part of this survey. Only easements per the recorded plat are shown. 2. Building dimensions shown horizontal & vertical placement of only. See architectural plans for & foundation dimensions. 3 No specific soils investigation has been completed on this lot by James R. Hill, Inc. The suitability of soils to support the specific house proposed is not the responsibility of James R. Hill, Inc. or the surveyor. 922.3 Proposed garage floor Bench Mark: 911.44 - TNH-SE Quad. Eoole Creek and Groinwood Circle are for structure building Bearings are on assumed datum '"0 )> "tl N G1 ::u 0 NONn I"l 0 Co. ~ )>- ,..., u.. 0 ..... N n -.... ~-lc..:J o c.oz~M ." 9\0 N . !J~ditames R H:I, Inc. By. _~ Harold C. Peterson, Minnesota L.S. No. 12294 o . x927.6 -0- lQl E8 o o ~ -- Denotes set iron monument Denotes found iron monumen t Denotes existing elevation PO WER POLE G AS METER ELECTRIC METER MANHOLE DECIDUOUS TREE STONE RETAINING WALL BRICK SURFACE ASPHALT SURFACE c=J CONCRETE SURFACE EXISTING CONTOURS WOOD FENCE )( )( Scale: 1"-30' James R. Hill, Inc. PLANNERS / ENGINEERS / SURVEYORS 2500 w. CTY. RD. 42, Slm: 120, 8IRft1E. tAN 55337 PH<J.lE: (952)89o-60# fAX: (952)89O-62# ASSENT OF APPLICANT File #OO-077PC As Approved by Resolution #OO-020PC The undersigned hereby assents to the following: 1. I have read the conclusions and conditions of said Resolution, and I am familiar with their contents and with the content of the exhibits. 2. I fully accept all ofthe terms and conditions of said Resolution. 3. I understand Section 1108.400 of the 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 Reauired. 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:\OOFILES\OOV AR\OO-077\ASSENT.DOC 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER -' (2) Eminent domain proceedings have been initiated to take all or any part of the premises described in the Variance. (3) The use described in the Variance becomes an illegal activity under the laws of the United States of America or the State of Minnesota. (4) Title to all or part of land described in such Variance is forfeited to the State of Minnesota for nonpayment of taxes. (5) The person to whom the Variance was issued files a written statement in which that person states that the Variance has been abandoned. The statement shall describe the land involved or state the resolution number under which the Variance was granted. (6) The premises for which the Variance was issued are used by the person to whom the Variance was issued in a manner inconsistent with the provisions of such Variance. 4. I understand the granting by the City of this Resolution is in reliance on the representations that I will fully comply with all of the terms and conditions of said Resolution. I understand and agree upon notice of non-compliance with any term or condition, I shall immediately cease conducting activities pursuant to the notice or will take all actions necessary to accomplish full compliance with said notice and conditions of the Resolution. DATE SIGNATURE OF APPLICANT SIGNATURE OF OWNER 4260 Grainwood Circle, Prior Lake, MN ADDRESS OF PROPERTY L:\OOFILES\OOV AR\OO-077\ASSENT.DOC 2 MINUTES AND STAFF REPORTS Planning Commission December 11.2000 5. Old Business: A. Case FUe #00-077 Angie Cawley Variance Resolution. Zoning Administrator Steve Horsman presented the Planning Report dated December 11, 2000, on file in the office of the Planning Department. The Planning Department received a variance application from Angie Marie Cawley for the proposed construction of a detached accessory structure (garage) on a lot with an existing single family dwelling. A public hearing was convened on November 27, 2000. After review of the applicant's proposal with respect to the hardship criteria, the Planning Commission directed staff to draft a Resolution approving the variances. The Commissioners agreed the Resolution was consistent with the variances granted. MOTION BY STAMSON, SECOND BY ATWOOD, GRANTING RESOLUTION 00- 020PC APPROVING A 3 FOOT VARIANCE TO PERMIT A 22 FOOT ACCESSORY STRUCTURE SETBACK FROM A PROPERTY LINE ABUTTING A STREET; A 4 FOOT VARIANCE TO PERMIT AN ACCESSORY STRUCTURE TO BE SETBACK 6 FEET FROM THE REAR PROPERTY LINE; AND A 582.6 SQUARE FOOT VARIANCE TO PERMIT AN IMPERVIOUS SURFACE COVERAGE AREA OF 2,847 SQUARE FEET (37.7%). Commissioner V onhof abstained from voting. Vote taken indicated ayes by all. MOTION CARRIED. 6. New Business: A. Centex Homes presentation of concept plan for development of 40 acres located at CSAH 83 and CSAH 42. Steve Ach of Centex Homes presented a concept development of approximately 40 acres of property located on the west side ofCSAH 83, about 1/4 mile south ofCSAH 42. This property is presently vacant land. The property is designated for Low to Medium Density Residential uses on the 2020 Comprehensive Plan Land Use Map, and is presently zoned A (Agricultural). A portion of the property is also located within the Shoreland District for Mystic Lake. Centex is proposing 65 townhomes and 60 single family lots. Base prices begin at $150,000 to $160,000. V onhof: . Make sure there is adequate buffering along County Road 83. The Commissioners commonly have county road residents come before them indicating there is not enough buffering. That includes berms, vegetation, fencing, multiple layers. This is high traffic area. . There is a maximum cul-de-sac length, which would be exceeded. L:\OOFILES\OOPLCOMM\OOPCMIN\mn 1211 OO.doc 9 AGENDA ITEM: SUBJECT: SITE: PRESENTER: REVIEWED BY: PUBLIC HEARING: DATE: INTRODUCTION: PLANNING REPORT 5A CONSIDER ADOPTION OF RESOLUTION 00-020 GRANTING A 3 FOOT VARIANCE TO PERMIT A STRUCTURE TO BE SETBACK 22 FEET FROM A PROPERTY LINE ABUTTING A STREET; A 4 FOOT VARIANCE TO PERMIT A REAR YARD SETBACK OF 6 FEET; AND A 582.6 SQUARE FOOT VARIANCE TO PERMIT AN IMPERVIOUS SURFACE AREA OF 2,847 SQUARE FEET (37. 7%), (Case File #00-077) 4260 GRAINWOOD CIRCLE NE STEVE HORSMAN, ZONING ADMINISTRATOR JANE KANSIER, PLANNING COORDINATOR YES X NO DECEMBER 11, 2000 The Planning Department received a variance application from Angie Marie Cawley for the proposed construction of a detached accessory structure (garage) on a lot with an existing single family dwelling. A public hearing was convened on November 27,2000. After review of the applicant's proposal with respect to the hardship criteria, the Planning Commission directed staff to draft a Resolution approving the following Variances: 1. A 3 foot variance to permit an accessory structure to be setback 22 feet from a property line abutting a public street rather than the required 25 feet [City Ordinance 1102.800: Residential Performance Standards; (8)]. 2. A 4 foot variance to permit an accessory structure to be setback 6 feet from a rear property line rather than the required 10 feet [City Ordinance 1102.800 Residential Performance Standards (8)]. 3. A 582.6 square foot variance to permit a total impervious surface coverage area of 2,847 square feet (37.7%) rather than the allowable 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER impervious surface area of 2,264.4 square feet (30%) [City Ordinance 1104.306 Impervious Surface Coverage; (1 )]. RECOMMENDATION: The attached Resolution is consistent with the Planning Commission's direction. The Planning Staff recommends adoption of Resolution 00-020PC approving the 3 Variances. ALTERNATIVES: 1. Adopt the attached Resolution 00-020PC, approving the Variances that the Planning Commission deemed appropriate under the circumstances. 2. Table or continue discussion of the item for specific purpose. ACTION REQUIRED: Staff recommends Alternative #1. 1. A motion and second adopting Resolution 00-020PC approving: 1) a 3 foot variance to permit a detached accessory structure to be setback 22 feet from a property line abutting a street rather than the required 25 feet; 2) a 4 foot variance to permit an accessory structure to be setback 6 feet from a rear property line rather than the required 10 feet; 3) a 582.6 square foot variance to permit an impervious surface coverage area of 2,847 square feet (37.7%) rather than the allowable coverage area of 2,264.4 square feet (30%). L:\OOFI LES\OOV AR\OO-077\VRPT2-077 .DOC Page 2 RESOLUTION 00-020PC A RESOLUTION APPROVING A 3 FOOT VARIANCE TO PERMIT A 22 FOOT ACCESSORY STRUCTURE SETBACK FROM A PROPERTY LINE ABUTTING A STREET; A 4 FOOT VARIANCE TO PERMIT AN ACCESSORY STRUCTURE TO BE SETBACK 6 FEET FROM THE REAR PROPERTY LINE; AND A 582.6 SQUARE FOOT VARIANCE TO PERMIT AN IMPERVIOUS SURFACE COVERAGE AREA OF 2,847 SQUARE FEET (37.7%) BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. Angie Marie Cawley has applied for a variance from the Zoning Ordinance in order to permit the construction of a detached accessory structure on a lot with an existing single family dwelling located in the R-l (Low Density Residential) and SD (Shoreland Overlay) Districts at 4260 Grainwood Circle NE, and legally described as follows: Lot 6, Subdivision of Outlot A, Grainwood Park, Scott County, Minnesota, according to the recorded plat thereof. 2. The Board of Adjustment has reviewed the application for variances as contained in Case File #00-077PC and held hearings on November 27,2000. 3. The Board of Adjustment has considered the effect ofthe 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, including substandard lot area, public street encroachment, and the location of the existing structure, 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 platted lot of record is substandard in area and the proposed garage structure does not meet required setbacks. This situation creates a hardship with 1:\OOfiIes\OOvar\OO-077\aprsOO-020pc.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 respect for the preservation and enjoyment of a substantial property right of the owner. 6. There is justifiable hardship caused by the substandard lot area, the public street encroachment, and location of the existing structures. Reasonable use of the property does not exist without the granting of the variance to permit a garage improvement to 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. 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. 9. The contents of Planning Case File #00- 77PC 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 3 foot variance to permit an accessory structure to be setback 22 feet from a property line abutting a street rather than the required 25 feet. 2. A 4 foot variance to permit an accessory structure to be setback 6 feet from a rear property line rather than the required 25 feet. 3. A 582.6 square foot variance to permit an impervious surface coverage area of 2,847 square feet (37.7%) rather than the allowable coverage area of 2,264.4 square feet (30%). The following conditions must be adhered to prior to the issuance of a building permit for the proposed structure: 1. Applicant to submit building plans with eave/overhangs projecting no greater than one foot from the exterior building wall. 2. The building permit is subject to all other City Ordinances and applicable agency regulations. 3. The Variance Resolution must be recorded and proof of recording submitted to the Planning Department within 60 days from the adoption date. An Assent Form must be signed and, pursuant to Section 1108.400 of the City Code, the variance will be null 1:\OOfiles\OOvar\OO-077\aprsOO-020pc.doc 2 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 11, 2000. Thomas E. V oOOof, Commission Chair ATTEST: Donald R. Rye, Planning Director I: \OOfiles\OOvar\OO-077\aprsOO-020pc.doc 3 E CERTIFICATE OF SURVEY For: Angie Cawley ~ o C\..~ C \\" ~x..' OO\) o ~\~~<:)oo't- G'f' ~E/O I (\1 -7 L_V I / G) ;0 )> - Z <:::..._ FOUND IRON PIPE LIES c:::::: NORTH 1.12 FEET AND o WEST 0.12 FEET o o o - -AJ o r fTl FOUND IRON PIPE LIES SOUTH 1.07 FEET AND Z EAST 0.48 FEET . fTl . EXISTING WOOD FENCE LIES 0.24 FEET TO 0.14 FEET SOUTHWEST OF PROPERTY LINE ~ ~ \ >- \ ",I ;g C t; 1(\1 A C"'j L_V I ..t '-: ~ \ 9 ~ Cl ~ ~ ~ Scale: 1"=30' Page 2 of 2 James R. Hill, Inc. CERTIFICATE OF SURVEY For: Angie Cawley PROPERTY DESCRIPTION: Lot 6, "SUBDIVISION OF OUTLOT" A" GRAINWOOD PARK", Scott County, Minnesota. We hereby certify that this is a true and correct survey of the above described property and that it was performed by me or under my direct supervision and that I am a duly Licensed Surveyor under the laws of the State of Minnesota. That this survey does not purport to show all improvements, easements or encroachments, to the property except as shown thereon. Signed this 29th day of September Notes: 1. No specific title search for existence or non- existence of recorded or un-recorded easements has been conducted by the surveyor as a part of this survey. Only easements per the recorded plat are shown. 2. Building dimensions shown horizontal & vertical placement of only. See architectural plans for & foundation dimensions. 3 No specific soils investigation has been completed on this lot by James R. Hill, Inc. The suitability of soils to support the specific house proposed is not the responsibility of James R. Hill. Inc. or the surveyor. are for structure building 922.3 Proposed garage floor Bench Mark: 911.44 - TNH-SE Quad. Eaole Creek and Grainwood Circle Bearings are on assumed datum \J "1)N )> G1 :;:00 NON(') rTJ o<-..j:>.l> IT! to 0 ..... N(') 0 ~-lo..::! CDz~M "T1 !=>l.O N 8y. ~xdr/iime8 R. H:I, Inc., Harold C. Peterson, Minnesota L.S. No. 12294 o . x927.6 Denotes set iron monument Denotes found iron monument Denotes existing elevation POWER POLE GAS METER ELECTRIC METER MANHOLE DECIDUOUS TREE STONE RETAINING WALL BRICK SURFACE -0- [Q] 83 o o ~ .. ASPHALT SURFACE CJ CONCRETE SURFACE EXISTING CONTOURS WOOD FENCE x )( Scale: 1"=30' James R. Hill, Inc. PLANNERS / ENGINEERS / SURVEYORS 2500 w. Crt. RD. 42, SIm: 120, BtRtsw.l.t MN 55337 PHONE: (952)890-60# FAX: (952)890-6244 PLANNING COMMISSION MINUTES MONDAY, NOVEMBER 27,2000 1. Call to Order: Commissioner Stamson called the November 27, 2000, Planning Commission meeting to order at 6:30 p.m. Those present were Commissioners Atwood, Stamson and Lemke, Planning Coordinator Jane Kansier, Zoning Administrator Steve Horsman and Recording Secretary Connie Carlson. 2. Roll Call: Atwood Criego Lemke Stamson Vonhof Present Absent Present Present Absent 3. Approval of Minutes: The Minutes from the November 13, 2000, Planning Commission meeting were approved as presented. Commissioner Stamson read the Public Hearing Statement and opened the public hearing. Case File #00-078 (4C) Robert Jader Variance was heard first. See page 6. Public Hearings: ~ A. Case File #00-077 Angie Marie Cawley is requesting variances to lot area, impervious surface area, minimum structure setbacks and yard encroachment within 5 feet of an adjoining lot for the property located at 4260 Grainwood Circle. Zoning Code Administrator Steve Horsman presented the Planning Report dated November 27,2000, on file in the office ofthe Planning Department. The Planning Department received a variance application from Angie Marie Cawley for the proposed construction of a 24 x 24 foot detached accessory structure (garage) on a lot with an existing single-family dwelling. The following variances are being requested: 1. A 2.3-foot variance to permit an accessory structure to be setback 22.7 feet from a property line abutting a public street rather than the required 25 feet [City Ordinance 1102.800: Residential Performance Standards; (8)]. L:\OOFILES\OOPLCOMM\OOPCMIN\MNl12700.doc 1 Planning Commission Minutes November 27,2000 2. A 5-foot variance to permit an accessory structure to be setback 5 feet from a rear property line rather than the required 10 feet [City Ordinance 1102.800 Residential Performance Standards (8)]. 3. A I-foot variance to permit an accessory structures eave to encroach 4 feet from a side lot line rather than the required 5 feet [City Ordinance 11 01.503 Yard Encroachments (1)]. 4. A 1.66-foot variance to permit an accessory structures eave to encroach 3.33 feet from a rear lot line [City Ordinance 1101.503 Yard Encroachments (1)]. 5. A 582.6 square foot variance to permit a total impervious surface area of2,847 square feet (37.7%) rather than the allowable impervious surface coverage area of 2,264.4 square feet (30%) [City Ordinancell04.306 Impervious Surface Coverage; (1 )]. Minnesota Department of Natural Resources Hydrologist Patrick Lynch stated in his letter dated October 31, 2000; attempts should be made to keep impervious surface to a minimum, ideally no more than 35% without treatment. The Planning Staff determined variance requests 1 and 5, met the stated hardship criteria needed to approve a variance request. However, variance requests 2,3, and 4 did not meet the hardship criteria as described in conditions 1 thru 9, and are contrary to the intent of the City Ordinance and the Comprehensive Plan. Staff therefore recommended approval of variance requests 1 and 5, and recommends denial of variance requests 2,3, and 4. Comments from the public: Chris Roberts, 4260 Grainwood Circle, explained the road encroachment and the proposed driveway to the proposed garage. They will actually park one car in the garage and use the rest for storage. Rather than leave the garage at 22.7 feet from the road they will move a foot and still meet the 5-foot rear setback. Roberts said they could make the garage less by reducing the width to accommodate the side yard encroachment. Roberts felt it was not necessary to remove the existing oak tree. He also added there were other structures that did not meet the setbacks. New retaining walls will be constructed in the back yard, which will help reduce the runoff to the neighbors' property. Kansier clarified applicant would move the garage to the east 6 feet with the eaves at 5 feet and remove part of the driveway. Roberts said that was correct. The edge of the soffits will remain at 5 feet. The applicants are reducing the garage from 24 to 22 feet to meet the setbacks. Ray Beauvais, 4230 Grainwood Circle, stated he appreciated the applicant trying to upgrade his property. L:\OOFILES\OOPLCOMM\OOPCMIN\MNl12700.doc 2 Planning Commission Minutes November 27, 2000 Comments from the Commissioners: Atwood: . Horsman explained the reduced setback. . Roberts said he would construct 12-inch soffits and stay 6 feet from the property lines eliminating variance #3. . Drove by and applauded the applicant for working out the design and saving the oak tree. . Questioned Lot 5's structure setback. Horsman said there was quite a bit of distance, not anywhere near a 15-foot setback. The applicant concurred. . The applicant is flexible on adjusting the garage size. . Concurred with staff, variances 1 and 5 met all the hardship requirements. Number 3 is eliminated. Stamson: . Concurred with staff and Atwood meeting the hardship criteria for variances 1 and 5. . Without these variances a garage would not be possible. . Agreed with staff that variances 3 and 4 were not necessary to get a garage on the property . . Did not agree with staff on the rear setback. In order to get a garage on the property it has to be 5 feet from the line, not 10. Support granting a variance to the rear as well. Keep it 5 feet. It will not have an impact on the neighbors. This is a comer lot, which do you call rear or side? . Supported variances 1,2 and 5. Lemke: . Appreciated applicant's desire to save the oak tree. . Viewed the property. . Supported variances 1,2 and 5, keeping the structure 5 feet from the property lines. Kansier suggested the applicant submit a revised survey to staff. The Commissioners can direct staff to draft a new resolution and bring it back at the next meeting for review. Commissioner Stamson confirmed the garage and eaves are to be setback 5 feet from all sides of the property. MOTION BY ATWOOD, SECOND BY LEMKE, TO HAVE STAFF REVISE THE RESOLUTION BASED ON THE REVISED SURVEY AND BRING IT TO THE DECEMBER 11, 2000 MEETING. Vote taken indicated ayes by all. MOTION CARRIED. L:\OOFILES\OOPLCOMM\OOPCMIN\MNl12700.doc 3 AGENDA ITEM: SUBJECT: SITE: PRESENTER: REVIEWED BY: PUBLIC HEARING: DATE: INTRODUCTION: PLANNING REPORT 4B CONSIDER A REQUEST TO GRANT A 2.3 FOOT VARIANCE TO PERMIT A STRUCTURE TO BE SETBACK 22.7 FEET FROM A PROPERTY LINE ABUTTING A STREET; A 5 FOOT VARIANCE TO PERMIT A REAR YARD SETBACK OF 5 FEET, A 1 FOOT VARIANCE TO PERMIT AN EAVE ENCROACHMENT; A 1.66 FOOT VARIANCE TO PERMIT AN EAVE ENCROACHMENT; AND A 582.6 SQUARE FOOT VARIANCE TO PERMIT AN IMPERVIOUS SURFACE AREA OF 2,847 SQUARE FEET (37.7%), (Case File #00-077) 4260 GRAINWOOD CIRCLE NE STEVE HORSMAN, ZONING ADMINISTRATOR JANE KANSIER, PLANNING COORDINATOR _X_ YES NO NOVEMBER 27, 2000 The Planning Department received a variance application from Angie Marie Cawley for the proposed construction of a 24 ft. by 24 ft. detached accessory structure (garage) on a lot with an existing single family dwelling. The following variances are being requested: 1. A 2.3 foot variance to permit an accessory structure to be setback 22.7 feet from a property line abutting a public street rather than the required 25 feet [City Ordinance 1102.800: Residential Performance Standards; (8)]. 2. A 5 foot variance to permit an accessory structure to be setback 5 feet from a rear property line rather than the required 10 feet [City Ordinance 1102.800 Residential Performance Standards (8)]. 3. A 1 foot variance to permit an accessory structures eave to encroach 4 feet from a side lot line rather than the required 5 feet [City Ordinance 1101.503 Yard Encroachments (1)]. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 4. A 1.66 foot variance to permit an accessory structures eave to encroach 3.33 feet from a rear lot line [City Ordinance 1101.503 Yard Encroachments (1)]. 5. A 582.6 square foot variance to permit a total impervious surface area of 2,847 square feet (37.7%) rather than the allowable impervious surface coverage area of 2,264.4 square feet (30%) [City Ordinance1104.306 Impervious Surface Coverage; (1)]. DISCUSSION: Lot 6, Subdivision of Outlot A, Grainwood Park, was platted in 1946. The property is located within the R-1 (Low Density Residential) and the SO (Shoreland Overlay) districts. The lot is not riparian but is a corner lot. The applicant does not own either of the adjacent parcels. The lot is 51.7 feet wide at the rear property line, approximately 68 feet at the widest point and 125 feet deep at the interior lot line with a total lot area of 7,548 square feet. The existing principal structure is setback 50 feet and 30.1 feet from the two property lines abutting Grainwood Circle. However, the principal structure is only 3.2 feet from the interior side property line and is considered a nonconforming structure (Exhibit A Survey). The proposed 576 square foot detached accessory structure is to be used as a garage because there is no existing garage on the subject lot (Exhibit B Garage Plan). The proposed structure is setback 22.7 feet from a property line abutting a street at its closest point and requires a 2.3 foot variance to comply with a minimum 25 foot setback to a property line abutting a street [Ordinance Section 1102.800 Residential Performance Standards (8)]. The second variance request for 5 feet is to permit a 5 foot setback to the rear property line. The minimum rear yard setback for an accessory structure is 10 feet [Ordinance Section 1102.800 Residential Performance Standards (8)]. The applicant's reason for this location is to save the existing oak tree in the rear yard. The removal of the oak tree would allow the structure to be relocated 10 feet from the rear line and eliminate this variance request. In addition, the structure is proposed to be setback 5 feet from the interior side yard. This complies with the one minimum 5 foot setback permitted for substandard lots [Ordinance Section 1101.502: Required Yards/Open Space (8)]. However, with the structure wall setback at 5 feet the eaves will encroach 1 foot into the required 5 foot side yard. L:\OOFILES\OOV AR\OO-077\ VRPTOO-077. DOC Page 2 The third and fourth variance requests are needed because the eaves encroach into the required 5 foot yard area to the side lot line. The attached garage plan submitted by the applicant proposes eaves/overhangs of 1 foot on the side lot line and 1.66 feet on the rear lot line (Exhibit B Garage Plan). The City Code permits a 5 foot structure setback provided no encroachments are within the 5 foot minimum setback [Ordinance Section 1101.503 Yard Encroachments (1). The two encroachment variances could be eliminated by moving the garage 1.66 feet closer to the existing dwelling, and 1 foot closer to the street and revise the street side variance to 3.3 feet). A legal alternative site exists nearer to the principal structure. This site will accommodate a conforming accessory structure that avoids the need for 3 of the 5 requested variances. The fifth variance request is for 518.6 square feet to permit an impervious surface area of 2,783 square feet (36.8%) by adding 576 square feet to the existing surface area of 2,207 square feet (29.2%). However, Grainwood Circle encroaches onto the subject lot for a total of 939 square feet as depicted on the survey and noted on the impervious area worksheet (Exhibit C Impervious Surface Worksheet). The applicant is not responsible for this condition and by crediting this encroachment area of 939 sq. ft., the total impervious surface area would be 1,844 square feet (24.4%) and within the allowable 30% as permitted under city code [Ordinance Section 1104.306 Impervious Surface Coverage (1)]. An 8 ft. by 8 ft. hot tub was recently added to the site prior to completion of the survey. This adds 64 sq. ft. to the proposed impervious surface area for a total coverage area of 2,847 sq. ft. (37.7%), and 1908 sq. ft. (25.2%) when credited for the street encroachment. The Department of Natural Resources submitted comments on this variance request and the note is attached. In essence, the DNR believes attempts should be made to keep the impervious surface coverage no greater than 35% (Exhibit D DNR Comments). This would require eliminating approximately 204 square feet from the proposed impervious surface coverage. Finally, city staff has inspected the subject property and determined additional items will need to be addressed at the time of building permit application, such as drainage, and the surrounding grade with slopes exceeding 3 to 1 on the south and west sides of the garage. Retaining walls will be needed in these locations for the accessory structure as proposed. VARIANCE HARDSHIP STANDARDS L:\OOFI LES\OOV AR\OO-077\ VRPTOO-077. DOC Page 3 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. Regarding variance requests 1 and 5, undue hardship does exist, as the platted lot of record is substandard in dimensions and area, the city street encroaches onto the subject property, and the subject lot has no garage. Regarding variance requests 2,3,4, an alternative legal building site does exist without the need for rear setback and encroachment variances. 2. Conditions applying to the structure or land in question are peculiar to the property or immediately adjoining property, and do not apply, generally, to other land or structures in the Use District in which the land is located. The conditions that apply to the structure and land are peculiar to platted subdivisions of this era. 3. The granting of the proposed Variance is necessary for the preservation and enjoyment of a substantial property right of the owner. Regarding variances 1, and 5, the proposed garage improvement to the subject lot is not possible without the two requested variances. However, for variance requests 2,3, and 4, there is a legal alternative location for the accessory structure that eliminates these variance requests. 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 requested variances would not adversely affect the above stated values or endanger the public safety. 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. Variance requests 2,3, and 4, could affect an adjacent property owner from constructing a future addition or accessory structure to within 5 feet L:\OOFI LES\OOV AR\OO-077\VRPTOO-077. DOC Page 4 from the adjacent lot lines. Variance requests 1, and 5, would not affect the above stated values. 6. The granting of the proposed Variance will not be contrary to the intent of this Ordinance and the Comprehensive Plan. The granting of variance requests 1, and 5, will not be contrary to the intent of the Ordinance and Comprehensive Plan. The granting of variance requests 2,3, and 4, will be contrary to the intent of this Ordinance and the Comprehensive Plan. 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 granting of variance requests 1, and 5, are necessary to alleviate undue hardship or difficulty. Variance requests 2, 3, and 4, appear to serve as a convenience to the applicant and do not appear necessary to alleviate demonstrable undue hardship or difficulty. 8. The hardship results from the application of the provisions of this Ordinance to the affected property and does not result from actions of the owners of the property. Application of the Ordinance provisions does result in hardship regarding variance requests 1, and 5. The alternative legal building site eliminates variance requests 2,3, and 4. 9. Increased development or construction costs or economic hardship alone shall not be grounds for granting a Variance. This condition does not appear to apply in variance requests 1, and 5. RECOMMENDATION: The Planning Staff has determined that variance requests 1, and 5, meet the stated hardship criteria needed to approve a variance request. However, variance requests 2, 3, and 4, do not meet the hardship criteria as described in conditions 1 thru 9, and are contrary to the intent of the City Ordinance and the Comprehensive Plan. Staff therefore recommends approval of variance requests 1, and 5, and recommends denial of variance requests 2, 3, and 4. ALTERNATIVES: L:\OOFI LES\OOV AR\OO-077\ VRPTOO-077 .DOC Page 5 1. Approve Variance's 1, and 5, as requested by the applicant by adopting the attached Resolution # 00-015PC, and deny variance requests 2, 3, and 4, by adopting attached resolution # 00-016PC. 2. Approve any variances 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 variances. 3. Table or continue discussion of the item for specific purpose. ACTION REQUIRED: Staff recommends Alternative #1. This action requires two motions. 1. Motion and second adopting Resolution 00-015PC approving: 1) a 2.3 foot variance to permit a detached accessory structure to be setback 22.7 feet from a property line abutting a street rather than the required 25 feet; 2) a 582.6 square foot variance to permit an impervious surface coverage area of 2,847 square feet (37.7%) rather than the allowable coverage area of 2,264.4 square feet (30%). 2. Motion and second adopting Resolution 00-016PC denying: 1) a 5 foot variance to permit an accessory structure to be setback 5 feet from a rear property line rather than the required 10 feet; 2) a 1 foot variance to permit an accessory structure eave to encroach to within 4 feet from the adjoining side property line rather than the required 5 feet; 3) a 1.66 foot variance to permit an accessory structures eave to encroach within 3.33 feet to the adjoining rear property line rather than the required 5 feet. L:\OOFI LES\OOV AR\OO-077\VRPTOO-077 .DOC Page 6 RESOLUTION 00-015PC A RESOLUTION APPROVING A 2.3 FOOT VARIANCE TO PERMIT A 22.7 FOOT STRUCTURE SETBACK FROM A PROPERTY LINE ABUTTING A STREET INSTEAD OF THE REQUIRED 25 FEET; AND A 582.6 SQUARE FOOT VARIANCE TO PERMIT AN IMPERVIOUS SURFACE COVERAGE AREA OF 2,847 SQUARE FEET (37.7%) RATHER THAN THE ALLOWABLE COVERAGE AREA OF 2,264.4 SQUARE FEET (30%). BE IT RESOLVED BY the Board of Adjustment ofthe City of Prior Lake, Minnesota; FINDINGS 1. Angie Marie Cawley has applied for a variance from the Zoning Ordinance in order to permit the construction of a detached accessory structure on a lot with an existing single family dwelling located in the R-l (Low Density Residential) and SD (Shoreland Overlay) Districts at 4260 Grainwood Circle NE, and legally described as follows: Lot 6, Subdivision of Outlot A, Grainwood Park, Scott County, Minnesota, according to the recorded plat thereof. 2. The Board of Adjustment has reviewed the application for variances as contained in Case File #00-077PC and held hearings thereon on November 27,2000. 3. The Board of Adjustment has considered the effect ofthe 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, including substandard lot area, public street encroachment, and the location of the existing structure, 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 platted lot of record is substandard in area and the proposed garage structure does not meet required setbacks. This situation creates a hardship with 1:\OOfiles\OOvar\OO-077\aprsOO-O 15pc.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 respect for the preservation and enjoyment of a substantial property right of the owner. 6. There is justifiable hardship caused by the substandard lot area, the public street encroachment, and location of the existing structures. Reasonable use of the property does not exist without the granting of the variance to permit a garage improvement to 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. 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. 9. The contents of Planning Case File #00-77PC 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 Revised: 1. A 2.3 foot variance to permit a detached accessory structure to be setback 22.7 feet from a property line abutting a street rather than the required 25 feet. 2. A 582.6 square foot variance to permit an impervious surface coverage area of 2,847 square feet (37.7%) rather than the allowable coverage area of 2,264.4 square feet (30%). The following conditions must be adhered to prior to the issuance of a building permit for the proposed structure: 1. Applicant to submit a revised survey (Exhibit A Revised) to be approved prior to recording ofthe Resolution. 2. The building permit is subject to all other City Ordinances and applicable agency regulations. 3. The Variance Resolution must be recorded and proof of recording submitted to the Planning Department within 60 days. 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. 1: \OOfiles\OOvar\OO-077\aprsOO-O 15pc.doc 2 Adopted by the Board of Adjustment on November 27,2000. Thomas E. V oOOof, Commission Chair ATTEST: Donald R. Rye, Planning Director I: \OOfiles\OOvar\OO-077\aprsOO-O 15pc.doc 3 RESOLUTION 00-016PC A RESOLUTION DENYING A 5 FOOT VARIANCE TO PERMIT AN ACCESSORY STRUCTURE TO BE SETBACK 5 FEET FROM A REAR PROPERTY LINE RATHER THAN THE REQUIRED 10 FEET; A 1 FOOT VARIANCE TO PERMIT A STRUCTURE'S EAVE TO ENCROACH WITHIN 4 FEET FROM THE ADJOINING PROPERTY LINE RATHER THAN THE REQUIRED 5 FEET; A 1.66 FOOT VARIANCE TO PERMIT A STRUCTURE'S EAVE TO ENCROACH WITHIN 3.33 FEET OF AN ADJOINING REAR PROPERTY LINE RATHER THAN THE REQUIRED 5 FEET BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. Angie Marie Cawley has applied for variances from the Zoning Ordinance in order to permit the construction of a detached accessory structure on property located in the R- 1 (Low Density Residential) District and the SD (Shoreland) District at the following location, to wit; 4260 Grainwood Circle NE, Prior Lake, MN, legally described as follows: Lot 6, "Subdivision of Outlot A" Grainwood Park, Scott County, Minnesota, according to the recorded plat thereof. 2. The Board of Adjustment has reviewed the application for variances as contained in Case #00-077PC and held hearings thereon on November 27,2000. 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, such as, the existence of a legal alternative buildable site, and the proposed accessory structure's location with regard to 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. I: \OOfiles\OOvar\OO-077\dnyrsOO-O 16pc.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 5. The proposed accessory structure increases the existing encroachment into a side and rear yard setback. The applicant has control over the location and size of the accessory structure, such that the hardship created has been created by the applicant. 6. While there is an existing structure on the lot, there is no justifiable hardship caused, as reasonable use of the property exists without the granting of the variance. There is a legal alternative location for construction of the accessory structure without vanances. 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 #00-077PC 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 an accessory structure (as shown in attached Exhibit A): 1. A 5 foot Variance to permit 5 foot setback for an accessory structure rather than the required 10 feet setback from a rear property line. 2. A 1 foot variance to permit an accessory structure's eave to encroach within 4 feet of the adjoining property line rather than the required 5 feet. 3. A 1.66 foot variance to permit an accessory structure's eave to encroach within 3.33 feet of an adjoining rear property line rather than the required 5 feet. Adopted by the Board of Adjustment on November 27,2000. Thomas E. V oOOof, Commission Chair ATTEST: Donald R. Rye, Planning Director 1:\OOfiles\OOvar\OO-077\dnyrsOO-O 16pc.doc 2 Location Map . ~ ~ ~ '" s l 10 N A 200 I o <?{{. Location of 4260 Grainw:xxi Circle PRIOR LA 200 400 Feet I l CERTIFICATE OF SURVEY Angie Cawley EXHIBIT A SURVEY ~X--. For: ~ oC\..~ C\~ o\) ""\~o ,'(. o ~\\~~~oO ~.-, G\' ~~:/6 I f\T L_V I -7 / G') ;0 J:> - Z ..e::::::..._ FOUND IRON PIPE LIES c:::: NORTH 1.12 FEET AND o WEST 0.12 FEET o CJ o - :;:0 o r fT1 FOUND IRON PIPE LIES SOUTH 1.07 FEET AND Z EAST 0.48 FEET . fT1 . EXISTING WOOD FENCE LIES 0.24 FEET TO 0.14 FEET SOUTHWEST OF PROPERTY LINE ~ GRAVEL DRIVE ~ TO BE REMOVED I f\T r- \ \ L_V I ::. ~ 0 I f\T II t;: C'S L_V I '"t "':: ~ \ !=l ~ c ~ ~ to '. Scale: 1"=30' Page 2 of 2 James R. Hill, Inc. --- --- q.-? ...s:. ~/ m >< ::J: - 01 - -I aJ -a r- )> z en - $!;~ ~~ -- ~/ I ~ 9/;;' ~, ~ - - ~O/OO MON 16:30 FAX 6124474245 C1TY OF PR10R LAKE ,'. ' :~06 EXHIBIT 0 DNR COM~ENTS;~i NOV -2.J-il~i At'ljIL Co..~te'1 _lYJl I h.. ve reviewed the attached proposed request [Name & C858 Filel Water City Code Grading Sewer Storm Water Signs Zoning V Flood Plain County Road Access Parks Natural Features Legal Issues Assessment Electric Roads/Access Policy Septic System Gas Building Code Erosion Control v Other .s ~~It-\ R,e,: )mmendation: Approval Denial Conditional Approval CI:>I:. ments: /110 ])A/ R c:, ~1'Yt~~ t ~ f?r- -Tia.- $h..u/e1 t~ n-1~/?- ~ + l~~,'ilIIt.s -.. ,d~L)6 =: _ ..::ufflt:.P) ~ A i'W; " J"", H "">, ~~A'7 ~.JM.ore ,'4~ - ~ % L.iur~_+ ~11It.. ,t....,t!!M ~f -i. -I. --to Sigrl d: \~L-~"'---- -=- Date: U, LY~4-\ M 'D~ ~ J Ple~l';e return any comments by November 7,2000, to ID/~I JO"t> , I 5te', I In Horsman City . If Prior Lake 1621;') Eagle Creek Avenue SE PriOI Lake, MN 55372 Phon~: (612) 447-9854 Fax: (612) 447-4245 1:\OOf Is\OOvar\OO-077\rfrl.077.doc Page 2 6124474245 => ,TEL= 10/30.00 15:24 EXHIBIT C IMPERVIOUS WORKSHEET CITY OF PRlOR LAKE Impervious Surface Calculations (70 be Submitted with Building Permit ^?plicariol1) For All Properties Located in the Shor~land District (SD). The Maximum Impervious Surface Coverage Permitted in 30 Percent. Property Address to-t 6) SfA...tdt'v/sian of 0..-110-1; It J ~"./,.w~ooA ~"I\. Lot Area '15l.f8' Sq. Feet x 30% = .............. z 26 '1. q .*********.**~*.*****.*******.***.*****************.*.****..************ "'-~--'-"----\.-. LENGTH \VlDTH SQ. FEET /J~~ yu,d : HOUSE x = 5 $' S" ~::: 2.. l...( ~ / SZ. /1. x = (. 004""~'~ is 23.60/0 ,.J ATIACHED GARAGE x := 576 o~ '...c-l<. .:..~,~:~~) TOTAL PRINCfPLE STRUCTtJRE......_.............. //6G/ DETACHED BLOGS (Garage/Shed) x x TOT AL DETACHED BUILDINGS....................... URIVEWAYIPAVEDAREAS .&(1JP()5~rJ. x (J,../ileW4V = '>0$ (Driveway.paved or not)" X / e (Side.....alkIParlcing Areas) ~sI'1J41-1 ro...::!. 6"';'<1"1,,,,,,;, -;;13 '1 TOT At p.~ V'ED AREAS......................................... j4Q'j PATIOSIPORCHESIDECKS O",k. h.~ (Open Decks '/." min. opening bt:cw~n bauds. with a p(;I"'Iio\.:$ sutUce belo...... an: not eOl'l$idered to be impct'Ji01JS) X ~t'v1.. ofJ'''','.,''t = X . ./:;:: -- 30 (O""I'.e,fL X 5+~C)t? , TOT.U DECKS..................._..._._......................... := 30 OTtlER e~;c;.k x S',c)/, !,t/().!t- = / 'f_5 X ;: TOT.o\1. OT1:!ER... ............ ._.___._...u.... ..... ....-...... I'1S TOTALI~ERVIOUSSURYACE UNDER(Qvi~ Prepared By [Jafric f:.." fJ1;I/~r- Company ~,.,~s K. 1f///,) / f1C. r.ZJS3 J r 5/f.? I Date /~/J ~/OO Phone # 8"'10;60crc{ Correspondence L:\TEMPLA TE\FILEINFO.DOC December 27, 2000 Angie Marie Cawley 4260 Grainwood Circle Prior Lake, MN 55372 RE: Recording of Approved Variance and Assent Form Acknowledgment Dear Ms. Cawley: The purpose of this letter is to advise you that Resolution 00-020PC approving a variance on the property located at Lot 6, "Subdivision of Outlot A" Grainwood Park, must be recorded at the Scott County Land Records Office. A building permit will not be issued until proof of recording has been submitted to the Planning Department. The variance will be null and void per Code Section 1108, if the project is not completed or if construction has not commenced within one year of the adoption date of December 11,2000 (See Assent Form). Enclosed is a certified copy of the original Resolution to be recorded at Scott County, the other copy is to be stamped as recorded by the recorders office and returned to the Planning Department as proof of recording. Also included is a copy for your records. Additionally, the enclosed Assent Form must be signed by all property owners and returned to the Planning Department prior to the issuance of any necessary permits. If you have any questions about this matter, please contact me at 447-9810. Sincerely, ~~-&-'~ ~ Steven Horsman Zoning Administrator/Inspector J:\OOfile...$\OOvar\OO-07l\r~cdlet.doc 16200 Eagle Creek Ave. S.c., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER December 12, 2000 Thomas E. Vonhof Planning Commission Chair 14411 Watersedge Trail Prior Lake, MN 55372 Dear Mr. Vonhof: Enclosed are the two Variance Resolutions adopted at the December 11, 2000, Planning Commission meeting (Res. 00-019PC, and Res. 00-020PC). Please review and sign the Resolutions and return in the self-addressed stamped envelope provided. Should you have any questions, 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 attention to this matter. Sincerely, ~~ Steven Horsman Zoning Administrator/Inspector 16200 mgilll:tBreek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER .,. -_. __...; ,'. r.-'.-,.>.-....:;... .......-"",....'" ..;...~.-., .....,."""":".~.,-,..,._.,,, .. ~ . December 7, 2000 Angie Cawley 4260 Grainwood Cir. NE Prior Lake, MN 55372 RE: Agenda and Agenda Report Attached is a Planning Commission Agenda and Staff Report for the December 11 , 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. ~ Connie Carlson Planning Dept. Sec Enclosure I:\deptwork\blankfrm\meetltr.doc . 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER November 21 2000 Angie Cawley 4260 Grainwood Cir. SE Prior Lake MN 55372 RE: Agenda and Agenda Report Attached is a Planning Commission Agenda and Staff Report for the November 21, 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, c~~ Planning Dept. Secretary Enclosure I:\deptwork\blankfrm\meetltr.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER October 27, 2000 Angie Cawley 4260 Grainwood Circle Prior Lake, MN 55372 RE: City of Prior Lake Review for Application Completeness for Variance Application Dear Ms. Cawley: The Planning Department has determined that your variance application is complete and will begin. formal review. We will notify you of any pertinent issues, which may arise as a result of your internal review and preparation of our staff report. We have scheduled your request to be heard by the Planning Commission on November 13, 2000. The meeting begins at 6:30 p.m. and is located at the Fire Station on County Road 21 and Fish Point Road. You or you representative is expected to be in attendance. If you cannot make the meeting, please let me know. You will be receiving a copy of the public notice and a copy of the staff report with recommendation prior to the meeting. The City approval process can be substantially less than 120 days, and we intend to move this matter through the process in a timely manner that provides a complete, professional review. Occasionally, however, due to meeting schedules, it is sometimes necessary to extend the 60 day review period. This letter also serves as your official notice that the City is extending the 60 day deadline for an additional 60 days from December 20,2000, to February 20,2001. If you have questions please call me at (952) 447-9854. Sincerely, ~ Steven Horsman Zoning Administrator/Inspector 1:\OOfiles\OOvar\OO-077\cmplt-077.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 Miscellaneous L:\TEMPLA TE\FILEINFO.DOC .: CITY OF PRIOR LAKE Impervious Surface Calculations (To be Sl1bmined WITh 'Building Petmi~ AppliJ:arlon) For PJI Properties Located io. the Sboreland District (SD). T.he Maximum Impervious Surfa.ce Coverage Permitted in 30 Percent. Property Address Let 't 54 ,Ji,'V/t/DI1 .~ 0",,1- ('.f A I tP ~ .;.. 11I,/011,1 ~"It Let Area 7 5 '11 Sq. Feet X 30% = .............. Z, 2.' 't. "f .*...********~*******~..***....~.**...***.**.*.**~..*...**.************* LENGTH MDrn SQ. FEET - 5'1/ HOUSE x. x. = ATIACHED GARAGE & ~t:I"eti '~'Xc. , = s 7 (, TOTAL PRINCIPLE STRUCTURE...................... 11''1' DETACHED BLDGS (Carag,e/Shed.) x x TOT AL DETACHED BUTI...DINGS....................... ORIVEWA YIPAVED AREAS G"fJ.vd (OriV!w3y~paved Qr r.ot) (Sidewllllc'/Parkit1g Areas) x ()I6'''I.''''"7 = x = 3q~ x = TOT At P A ~D .ARl::AS.....""'.~".~,.............".............,,,...,jI.1 3'f'i/ P A TIOSIPORCHESIDECK5 Oed<, h<<, (Open pecks '1.- min. o,cnillg t:ccw=-=n beard.\:. with B.p~~,ie~s $L1rUC:~ b,,:!Q"". ~c not clll1~~4erec! to be impt:riiQl.Is) (,11I''1.'' ~ fll/itt;,.,lI.tI( ~",i~ X ;::: - S rt:lt' Jt? . 30 x. iii TOT A!.t DECKS..4...."._....,......._..._It......._....~._....._...a....... 3 0 OT'l.1E t3dc/<. x 5lrifAlfl(15 $ x: "" -J l.f S = TOT AL OTmR.....n_........_._-_._...........~........._.... I 'fS TOTAL ll\1PERVIOUS SURF ACE (Oo~s ".f ;~e.lfA de t..tt. r J '- ~7 ct3Q """4'" ~~.f- ~~ @o~OVER ~~~/'i:~j ko.r #I1I'Me"4;,, f577. q Prepa=ed By ({.:f,rle-lr. M'-//tt/" Date flJ,/ z,.loo Company _ ~,.."t' So f... H,/ / ).lI.~ Phone # 5,6"6 tJ'f'l CITY OF PRlOR LAKE Impervious Surface Calculations (70 be Submined with Building ?ermic AppliC3!iol1) For All Properties Located in the Shorl::land District (SD). The Maximum Impervious Surface Coverage Permitted in 30 Percent. Property Address L.ot; 6) 5~td/l//s;arl of Q,.,f/d It J 6"_/~w<)~o1 ~"I\ Lot Area 75 t.f8' HOUSE x x x = SQ. FEET 5$'Y/ LENGTH \\'lDTH = ~ r 576 ATIACHED G.ARAGE TOTAL PRIN CfP LE STR U cr tJRE......_. ............. //6C-./ DETACHED BLOGS (Garage/Shed) x x TOTAL DETACHED BUILDL'iGS....................... ORIVEWAYIPAVED AREAS f?-~PC..5~d. x /l"../veW4v = 50$ (Driveway.paved or not) r X / = (Sidewallc:.lParking Are:as) !JspI"41-1 ,0'" d.. e'''''IJ",J,,,,~~ '130; TOT .o\L P..\ VED AREAS......................................... /4t.ttj P A TIOSIPORCHESIDECKS Ot., I< h.,,~ (Open Decu '/.- min. o;:cning b.:(W~:'l bc.uc..s, with a po;t"Jiou$ sur!.lc:e I.le!ow, ar: not cOl':sidered tQ be impct'JiouS) x fl;1/""', 61'1*J1;/II" = X . ../ = -- Catt,,;~fL x 5f(jc)f7 , ::: 30 TOT..u DECKS. .................._..._._..............-......... .3 0 OLdER e~;ck x !::,dt "Jr? It- = X :;::; / t..I 5' 1- TOT.U OT1:IER................,-.---.-..u.......... ....-...... ) 'ir I .:;; TOTALI~ER~~OUSSURFACE UNDER(QVE~ Prepared By .Pa:lrlc *: f/Jr'I/~,..-' Company ~,.,~~ K f(,'//.) inc, ! 27S3 r 51$.{, Date /0/1 tf/OO I I Phone # ~10"'6 ocrc{ CITY OF PRIOR LAKE ORC PROJECT REVIEW CHECKLIST PROJECT NAME: VARIANCE FILE 00-077: A request for variances to impervious surface area, structure setbacks, & encroachments APPLICANT: Angie Cawley CONTACT PERSON: Steve Horsman SITE INFORMATION PID#: LOCATION: 4260 Grainwood Circle EXISTING ZONING: R1SD DISTRIBUTE TO: D APPLICATION FOR: ..... Frank Boyles ..... Bud Osmundson Administrative Land Division ..... Sue Walsh ..... Sue McDermott Comprehensive Plan Amend. ..... Ralph Teschner Jeff Evens Conditional Use Permit Lani Leichty Home Occupation ..... Bob Hutchins Rezoning ..... Don Rye ..... Doug Hartman Site Plan ..... Jane Kansier ..... Fire Chief Preliminary Plat ..... Bill O'Rourke PUD ..... DNR - Pat Lynch ..... Minnegasco Final Plat County Hwy. Dept. ..... Watershed Dist. ..... Variance MNDOT Telephone Co. Vacation SMDC ..... Electric Co. Mediacom Cable Met. Council Date Received Date Distributed 10/30/00 Date Due 11nJOO Complete Application Date Distributed to DRC Meeting Date DRC Publication Date Tentative PC Date Tentative CC Date 60 Day Review Date Review Extension I :\OOfiles\OOvar\OO-077\rfrl-077 .doc Page 1 :. I have reviewed the attached proposed request [Name & Case File] for the following: Water City Code Grading Sewer Storm Water Signs Zoning Flood Plain County Road Access Parks Natural Features Legal Issues Assessment Electric Roads! Access Policy Septic System Gas Building Code Erosion Control Other Recommendation: Approval Denial Conditional Approval Comments: (7 AJn-!..,.-"bu..:b~ -/-tJ /~~JJ Signed: 9f/ Date: IDlot{on Please return any comments by November 7, 2000, to Steven Horsman City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (612) 447-9854 Fax: (612) 447-4245 I :\OOfiles\OOvar\OO-077\rfrl-077 .doc Page 2 Ill( ~ / J:-- C /J LUf- E Y I have reviewed the attached proposed request [Name & Case File] for the following: Water City Code X Grading Sewer Storm Water Signs Zoning Flood Plain County Road Access Parks Natural Features Legal Issues Assessment Electric Roads/Access Policy X Septic System Gas Building Code Erosion Control Other Recommendation: Approval Denial -L Conditional Approval Comments: 71IG- ~U/IH~ ~~~ NeeD r'D (56 ~HOi.U"'; Off 'flJ& s,uf!-vey: .. //0 .{Z..m Ae.:~-uJ ~ I f....(';lJ-l- rw:=.C/. "~/~IIJ5~ B r.,.- .I?I-s" · "BeNc..H U1~f..)t:.. · e.OA~Y el't$e~eH7> t!/'N I"hlf..TT-J ~rf;'Pi& 6r_____?el?:lT'.. (/5' cF}c,t+ 5/DE_ .. #Or Tv!> 4l <-1/....110:;' 01'1 50 V7# tJ:?, (; I'M. E 7 ffG- n:ll... "OI.V t ,III ~ ..P-7C: f4.t J N eS-t> 'J'o t3- 8 19- D 0 fl-e-.u ep 1// 7714-1~or ~r.JI(..,'[)1 N 4 . Pef!!.M I J 12.eI/JS~: · ~~() fe~ t')A/ ~I'J UJ'}-J- ,4fND t.lj lff'; r !> / L>6~ ~ P tifJ.tt-f~'~e GXc..~e:r> "",,19.)(.. ~/-&JPe~ 0/'-<- ~e f'j ffl~)(. I: I D t... 4.r:o. 17 e em- I N I ~ c..v19 ~t- Lv' €...t.... Be f!.6(;)v \(ZC }) ON. 7J4e. ~~ u71i !"hY"b v....e.~ r ~o 7". ~/ N t5 . Signed: Date: Please return any comments by November 7, 2000, to Steven Horsman City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (612) 447-9854 Fax: (612) 447-4245 1:\OOfiles\OOvar\OO-077\rfrl-077 .doc Page 2 NOTICE OF HEARING TO CONSIDER THE FOLLOWING: VARIANCE'S TO THE LOT AREA, IMPERVIOUS SURFACE AREA, MINIMUM STRUCTURE SETBACKS, AND YARD ENCROACHMENT WITHIN 5 FEET OF AN ADJOINING LOT FOR THE CONSTRUCTION OF A FUTURE DETACHED ACCESSORY STRUCTURE ON PROPERTY LOCATED IN THE R-l DISTRICT (LOW DENSITY RESIDENTIAL) AND THE SHORELAND DISTRICT (SD) IDENTIFIED AS 4260 GRAINWOOD CIRCLE, SE, 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, November 13, 2000, at 6:30 p.m. or as soon thereafter as possible. APPLICANT: Angie Marie Cawley 4260 Grainwood Circle NE Prior Lake, MN 55372 SUBJECT SITE: 4260 Grainwood Circle NE, Prior Lake, MN, legally described as Lot 6, "Subdivision of Outlot A Grainwood Park", Scott County, Minnesota REQUEST: The applicant is intending to construct a detached accessory structure to be used as a garage. The requested variances include a less than minimum lot area allowed, greater than the maximum impervious surface allowed, less than the required setbacks allowed, and yard encroachments within 5 feet of adjoining lots. 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 24th day of October, 2000. Steven Horsman City of Prior Lake To be published in the Prior Lake American on October 28, 2000. L:\OOFILES\OOYAR\OO-077\HRNT-077.DOC 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER NOTICE OF HEARING TO CONSIDER THE FOLLOWING: VARIANCE'S TO MAXIMUM IMPERVIOUS SURFACE AREA, MINIMUM STRUCTURE SETBACKS TO PROPERTY LINES, AND ENCROACHMENT LESS THAN 5 FEET FROM AN ADJOINING LOT FOR THE CONSTRUCTION OF A FUTURE DETACHED ACCESSORY STRUCTURE ON PROPERTY LOCATED IN THE R-l DISTRICT (LOW DENSITY RESIDENTIAL) AND THE SHORELAND DISTRICT (SD) IDENTIFIED AS 4260 GRAINWOOD CIRCLE, SE, 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, November 27, 2000, at 6:30 p.m. or as soon thereafter as possible. APPLICANT: Angie Marie Cawley 4260 Grainwood Circle NE Prior Lake, MN 55372 SUBJECT SITE: 4260 Grainwood Circle NE, Prior Lake, MN, legally described as Lot 6, "Subdivision of Outlot A" Grainwood Park, Scott County, Minnesota REQUEST: The applicant is intending to construct a detached accessory structure to be used as a garage. The requested variances include a greater than the maximum impervious surface allowed, less than the required setbacks to property lines allowed, and structure encroachments less than 5 feet of adjoining lots. 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 8th day of November, 2000. Steven Horsman City of Prior Lake To be published in the Prior Lake American on November 11,2000. L:\OOFILES\OOV AR\OO-077\2HRNT -077 .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 AFFIDAVIT OF SERVICE BY MAIL COUNTY OF SCOTT ) )ss STATE OF MINNESOTA) CbJ;vltUe. oHhe City of Prior Lake~~;~rt. State of Minnesota, being dul sworn, says on the ~ day of '1 00, she served the attached list,qfpersons to have an interest in the -..jt\A7~ ..s:-oD-Ol:j. ., by mailing to th a copy thereof, enclosed in an envelope, postage prepaId, 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 L:\DEPTWORKIBLANKFRM\MAILAFFD.DOC NOTICE OF HEARING TO CONSIDER THE FOLLOWING: VARIANCE'S TO MAXIMUM IMPERVIOUS SURFACE AREA, MINIMUM STRUCTURE SETBACKS TO PROPERTY LINES, AND ENCROACHMENT LESS THAN 5 FEET FROM AN ADJOINING LOT FOR THE CONSTRUCTION OF A FUTURE DETACHED ACCESSORY STRUCTURE ON PROPERTY LOCATED IN THE R-l DISTRICT (LOW DENSITY RESIDENTIAL) AND THE SHORELAND DISTRICT (SD) IDENTIFIED AS 4260 GRAINWOOD CIRCLE, SE, 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, November 27, 2000; at 6:30 p.m. or as soon thereafter as possible. APPLICANT: Angie Marie Cawley 4260 Grainwood Circle NE Prior Lake, MN 55372 SUBJECT SITE: 4260 Grainwood Circle NE, Prior Lake, MN, legally described as Lot 6, "Subdivision of Outlot A" Grainwood Park, Scott County, Minnesota REQUEST: The applicant is intending to construct a detached accessory structure to be used as a garage. The requested variances include a greater than the maximum impervious surface allowed, less than the required setbacks to property lines allowed, and structure encroachments less than 5 feet of adjoining lots. 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 14th day of November, 2000. Steven Horsman City of Prior Lake To be mailed on November 16, 2000. L:\OOFILES\OOV AR\OO-077\MLNT -077 .DOC 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER I ;' CERTIFICATE For: Julgie OF SURVEY Cawley ~ o c \...<(... C\\' ~~. oo\) o ~\~~o:)oc)'S G" ~DD I (\. -7 L_V I / GJ ?J ):> - Z <::..._ FOUND IRON PIPE LIES <::. NORTH 1.12 FEET AND o WEST 0.12 FEET o CJ o - -?J o r 1'1 FOUND IRON PIPE LIES SOUTH 1.07 FEET AND Z EAST 0.48 FEET . {11 EXISTING WOOD FENCE LIES 0.24 FEET TO 0.14 FEET SOUTHWEST OF PROPERTY LINE . ~ GRAVEL DRIVE ~ TO BE REMOVED I {\. r- \ \ L_V I :1 ~ 0 I {\. II t;: \S L_V I ..t "-: ~ \ ~ l\:: 0 l\:: ~ \0 Scale: 1"=30' Page 2 of 2 James R. Hill, Inc. Angie Cawley 4260 Grainwood Circle NE Prior Lake, MN 55372 Joey Frechette 4280 Grainwood Circel NE Prior Lake, MN 55372 John Patterson 4290 Grainwood Circle Ne Prior Lake, MN 55372 Susan Rae Mills 3481 Willow Beach Trail Prior Lake, MN 55372 Michael & Cheryle Theison 4310 Grainwood Circel NE Prior Lake, MN 55372 Shirley Thielen 15609 Calmut Ave NE Prior Lake, MN 55372 Scott County Scott County Government Center 200 4th Ave W Shakopee, MN 55379 Thomas & Gwen Lundahl 4196 Grainwood Circle NE Prior Lake, MN 55372 Dean & Valerie Svela 4203 Grainwood-CircelNE Prior Lake, MN 55372 Michael & Tobey Finley 4BlEau-C1aire rrail NE Prior Lake, MN 55372 John Janis Zvaners 4137 Bau Claire Trail NE Prior Lake, MN' 55732 . Jeffrey M. & LaVonne Kennedy 4211 Grainwood Circe! NE Prior Lake, MN 55372 Mary B. Gorshe 4253 Grainwood Circel NE Prior Lake, MN 55372 Marie G. Ellsworth 4221 Grainwood Circle NE Prior Lake, MN 55372 Marth Ann Walz 4229 Grainwood Circel NE Prior Lake, MN 55372 Maurice G & Ruth Hagen 7239 Oakland Ave S Richfield, MN 55423 Kathryn Rau 4241 Grainwood Circel NE Prior Lake, MN 55372 Murray D Norris 4247 Grainwood Circel NE Prior Lake, MN 55372 William c & Lori A W Peterson 13420 Guild Ave Apple Valley, MN 55124 Bradley d & Diane C Miller 4257 Grainwood Circel NE Prior Lake, MN 55372 Paul R & Barbra M Luger 4267 Grainwood Circel NE I Prior Lake, MN 55372 Michael R & Kathryn J Viola 4277 Grainwood Circel NE Prior Lake, MN 55372 Woodrow & Barbra Spitzmueller 4279 Grainwood Circel NE Prior Lake, MN 55372 Kenneth & Barbara Larson 5420 Southwood Drive Bloomington, MN 55437 John R Casanova 4295 Grainwood Circle Ne Prior Lake, MN 55372 Brain & Kelly Digrado 4301 Grainwood Circe! NE Prior Lake, MN 55372 Thomas & Cheryl Vidmar 4307 Grainwood Circe! NE Prior Lake, MN 55372 Craig & Cynthia Hinz 4313 Grainwood Circe! NE Prior Lake, MN 55372 Robert Schara 4204 Grainwood Circe! NE Prior Lake, MN 55372 Dennis Pforr 4214 Grainwood Circle NE Prior Lake, MN 55372 Brain Maciejewski 4230 Grainwood Circel NE Prior Lake, MN 55372 SEP--26--2000 12: 23 lJALSH TITLE 612 835 0490 P 132/134 RADros REPORT ORDER NO.: 06112788 WAJ'~SH TITLE " RiaLL ES':rATE SERV:rOS I tNe. doe.s haz'eby certi fy that it has made a searoh 1~ the offioe of the Coucty Reaorder and the County Auditor in and for Scott County, State of Kinnesata. The fOllowing ig a list of name. and address.. of owners within 350 feet of legal stated below: LBGAL DESCRZPTZON: I.ot 6, Bloak A, Grainwooa Park Subdjvision of OUtlot A. NAMBS AND ADDBBSSES: Jeffrey k. " LaVonne Kennedy 4211 Grainwood CirCle Northeast Prior Lake, KN 55372 Mary :a. Gershe 4253 Grainwood Circle Northeast Prior Lake, MN 55372 Marie G. Ellsworth 4221 Grainwood Cirole Northeast Prior Lake. MN 55372 Marth Ann Walz 4229 Grai~wood CirOle Nor~heast Prior Lake. NN 55372 Maurice G. " Ruth Hagen 7239 Oakland Avenue South Richfield, MN 55423 Ka.thryn :Rau 4241 Grainwood Circle Northeaat Prior Lake, MN 55372 Murray D. Norris 4247 Grainwood Cirole Northeast Prior Lake, KN 55372 WiLliam C. & Lori A.W. Peterson 23420 Guild Avenue Apple Valley, JoIN 55124 PIO-2.50330020 prD-250340020 PID-250330080 1"ID-2S0330030 1"ID-250330040 PID-2503300S0 1"1D-250330060 1"ID-250B0070 PIO-250330082 SEP-26-2000 12:24 WALSH TITLE Bradley D. & Diane C. Killer 4257 Grainwood Circle Northeast Prior ~ake, HN 55372 Paul R. & Barbara K. Luger 4267 Grainwocd Circle ~orth.ast Prior Lake, ~N 55372 Michael R. & Kathryn J. Viola 4277 Grainwood CirCle Northeast Prior L&k., ~ 55372 Woodrow D. & Barbara Spitzmueller 4279 Grainwood CirCle Northea.t Prior ~ak., MN 55372 ~.nneth O. & Barbara K. Larson 5420 Southwood D~1ve Bloomington, 101 55437 John R. Casanova 4295 Grainwood CirOle Northeast Prior Lake, MN 55372 8rian D. & ~elly J. Digrado 4301 Grainwood Cirole Northaast Prior Lake, KM 55372 Thomas S. & Cheryl K. Vidmar 4307 Grainwood Circle Northeast ~rior Lake, ~. 55372 Craig A. . Cynthia Hinz 4313 Grainwood Circle Nortbeaat Prior Lake, MN 55372 Robert T. Sohara 4204 Grainwood Cir~l. NOrtheast Prior Lake, MN 55372 Dennis L. Pfarr 4214 Gra1nwood Circle .ortheast Prior Lake, MN S5312 Brian W. Haciejewski 4230 Grainwood Circle Northeast P~ior Lake, MN 55372 Angie X. Cawl.ey 4260 Gra1uwood Circle NOrtheast P~for Lake. !IN 55372 612 835 0490 P.03/04 PID-2503300U PIO-250330091 PID-250330l~O PID-2S0330~2~ 1":1:0-250330120 PIO-250,330~30 :nD-250330l40 1'10-250330150 PID-2S03301.60 PJ:D-25034001.0 PIO-25034001l PID-250340030 PID-250340040 SEP-26-2000 1.2: 24 WALSH Tl "fLE Joey D. Prechette 42S0 Gr<<inwooa Circlo Northeast Prio~ Lake, MN 55372 John Patte.rlllon 4290 Grainwood Circle Northeast Prior ~ake, XN 55372 SUiSan Rae Kills 3481 Wil~ow Beach ~~ail Prior ~aks, KN 55372 Michael E. & Cneryle Theisen 4310 Grainwood Circle Northeast Prior Lake, HH 55372 Shirley A. Thielen 15609 Calmut Avenue Northeast Prior Lake, MN 55372 Scott County Scott County Goverument Center 200 4th Avenue West Shakopee, MN 55379 Thomas L. 50 Gwen L. Lundahl 4196 Grainwood Circle Northeast Prior Lake, KN 55372 Dean S. & Valerie u. Bvela 4203 Grainwood Circle North..st Prior ~ake, ~T 55372 Xichael J. ,. 'I'obey Ellen Finley 4131 Eau ClairQ Trail Northeast Prior Lake, MN 55372 John Janis ZVllnera 4137 Eau Claire Trail Northeast Prior Lake, XN 55732 612 835 0490 P.04/04 P1D-250340050 PID-2503400a 0 I'In-250340070 PID-:250340090 P:rD-2S03500~O PID-2503300J.O PID-2S032001.~ PID-2S9350390 P3:D-250S901.:U PID-252790040 Dated this 22l:1,d day of September, 2000 at 7:00 a.m. BY B~ERV!C~S. INC. 'OTAL P.04 SEP-2E,-2000 12:23 ..r-""""""-.... r' ,-. i' . ~ '?' i ~~ :,. CoO ~. +. ,~ fJl ~ a E U1 ., ~ ~ ~'; t. Ui .~~~ .m ,\l Iol ~ N b,j 4~S-o..'U.t} 1. ~ /-11 ~ I . . il- I : I V\' ';1,:1 : ~~'~: !~,j:i:;1 i ", .~ l~\ :j : f.' B ;1 ,,,; :: '1-1 "k ~ ~.), : I. "" I ""'-- ! "'A : \., !"% .. I l['Jj.;. :.\ 1 ! J ,\1 .__J.. ':r,' ...... --... "-, , i---< ' ,...0-" I \..\ ~~l!H:W~" !j~\!l!mt! UHLSH TITLE 612 835 0490 P.01/04 \. " ~- ''-J:;.- '.'" Q '''' ';' ~i. .1'.;;"... .. i..l, '<:- I ,> e '-.1'1 \ o \:: 6 CI) ....... ~ ~ ~ ~ ~1, :'-i ~ (jj \, 5 - ~ ~;r tlo ., ~ ! ' ' _1\ \.,>: ;.;r, \J~, -.!:-. \.... :jJ t"';.\ fJ' ,-', "\>. c> ;:lJ. .~ .' ~; 2"-- ._- ... '":.. ~ " ~ ''I ~~ .~ ! t> s ....:.J f'I"" \" ~~ '-'\ ~: (:-.d ....... ~ '.:> " , () 1\.. \::' ", ~ 'THE w 350' Radius 4260 Grainvvood Cirde Case File #00-077 <(~~ PRIOR l ~ N . 3 !!!. !ir x 0; "'''' "'''' "'''' "'''' "'''' "'''' "'''' !I "'''' "'''' "'''' "'''' "'''' "'''' "'''' "'''' "'''' "'''' "'''' 0101 0101 0101 g:g: 0101 g:g: g:g;. 0101 g:g: 0101 g:g: g:g: g:g: g:g: 0101 0101 g:g: g:g: 00 00 00 00 00 00 coo 00 "'''' "'''' ~~ ~~ "'''' ~~ "'''' "'''' ~~ "'''' "'''' "'''' ~~ "'~ ~~ ~~ ~~ ~~3! "'''' "'''' 0101 "'''' ...'" "'''' "'''' "'''' ~o 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 ggo ~o ~o 00 00 00 00 o~ 00 00 00 o~ o~ 00 00 "'~ ~o o~ "'''' U1~ ~ ..... ..... ~ 00 ~co .....~ l3g: "'''' ...'" ~~ "'''' gjg: '" ~ co", ~~ "'... 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