HomeMy WebLinkAbout01-068 Variance
ADDITIONAL
MA TERIAL/PLANS
A V AILABLEIN
LARGE SCALE.
SEE THE
PLANNING
DEPARTMENT FOR
ASSISTANCE AT
(952) 447-9810.
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APPLICAl1IONS
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Planning Case File No. () ( - @6~
Property Identification No. %' on' - 00 3~
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 zoning) sheets/narrative if desired)
to (proposed zoning)
, 0 Amendment to City Code, Compo Plan or City Ordinance Af)1))rl()I'/ 1 Vf..~11~ IIt..L/bJ-r/l'/ Ak~
o Subdivision of Land f ,
o Administrative Subdivision fJ,U k1rOft-reHH}wr )
o Conditional Use Permit /'
,lX'Variance Applicable Ordinance Section(s):
o Other:
Applicant(s ): UWJ(EHU A . TJA I fZ.1;)
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Address: 5LjZD rAJ~UfWAl ~JI();e€.$ r/UjIL $.E..
Home Phone: 952' 1l/1 ~ ~~ i Work Phone: -
Property Owner(s) [If different from Applicants]: 1"1"(1.1 9() 1}1Z1E.P ,~ (lq Pl'INE/<< "W;1"H t.'~/~)
Address: I,/~ 4/1'" PtAtII- ) pL11 IIIIfJJAJ~S :Z:OWA !';O311
Home Phone: ~/5. '2-7l./. ()71b ,Work Phone:
Type of Ownership: Fee -Jf- Contract for Deed _ Purchase Agreement
Legal Description of Property (Attach a copy ifthere is not enough space on this sheet):
lor If 'M11ZiA-W~ >)ltle_~) 5urr tJDvNry HlAl ~nrJl.~ "fj;ruu~~ Pt.G/Z€E, 1=Da.
LAwn 1Jtr.".J~ '-Dr 1./ AJJ/)' 'IIJ"- '" PllIt'J1( "~u~e
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
applications will not be processed until deemed complete by the Planning Director or assignee.
Applicant's Signature Date
~ A. /::)~~ ;26 9V&.1 ) '2.()() I
Fee Owner's Signature Date
THIS SPACE TO BE FILLED IN BY THE PLANNING DIRECTOR OR DESIGNEE
PLANNING COMMISSION APPROVED DENIED DATE OF HEARING
CITY COUNCn.. APPROVED DENIED DATE OF HEARING
CONDITIONS:
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Signature of Planning Director or Designee Date
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Project #
Doc. No. T 123446
Vol. 90 Page 136 Cerl30054
OFACE OF THE REGISTRAR OF TITLES
OCOTT COUNTY, MNNESOTA
Certified FUed on
1 ~ 19-2001 at 03:20 [J PM [.Y'J PM
Pat ~n, Registrar of Titles 01
by ~ Deputy Fee: $20.50
STATE OF MINNESOTA)
)ss.
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 of the original.
RESOLUTION # Ol-012PC
CASE FILE # Ol-068PC
on file in the office of the City Planner~ity of Prior Lake.
:reelly Meyer
Deputy City Clerk
Dated this 19th day of October 2001.
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RESOLUTION 01-012PC
A RESOLUTION DENYING A 1.9 FOOT VARIANCE TO PERMIT A STRUCTURES
EAVE TO ENCROACH TO WITHIN 3.1 FEET FROM A SIDE PROPERTY LINE
RATHER THAN THE REQUIRED MINIMUM 5 FEET; AND A 232 SQUARE FOOT
VARIANCE TO PERMIT AN IMPERVIOUS SURFACE COVERAGE AREA OF 2,981
SQUARE FEET (32.5%) RATHER THAN THE MAXIMUM ALLOWABLE AREA OF
2,749 (30%)
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Lawrence A. Baird and Mary Jo Briedis, (applicant/owner) have applied for variances from
the Zoning Ordinance in order to permit the construction of an entry addition to a single
family residence on property located in the R-1 (Low Density Residential) District and the
SD (Shoreland Overlay) District at the following location, to wit;
5420 Fairlawn Shores Trail, legally described as Lot 4, FairlawnShores, Scott
County, Minnesota. And that part of the plat of Fairlawn Shores, and Government
Lot 2, Section 25, Township 115, Range 22, Scott County, Minnesota, described as
follows:
Beginning at the most northerly comer of Lot 4, of said plat; hence northwesterly
along the northwesterly extension of the northeasterly line of said Lot 4, to the
shoreline of Prior Lake; thence southwesterly along said shoreline to its intersection
with the northwesterly extension of the southwesterly line of said Lot 4; thence
southeasterly along said northwesterly extension to the most westerly comer of said
Lot 4; thence northeasterly along the northwesterly line of said Lot 4, to the point of
beginning.
2. The Board of Adjustment has reviewed the application for variances as contained in Case
#01-068PC and held hearings thereon on August 27, 2001.
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.
1:\01 fiIes\O 1 variances\O 1-068\dnyresO 1-0 12.doc I
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
5. A legal building location that meets the required setback for the entry addition structure
exists on the subject lot. The applicant has control over the entry plan 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. There is no justifiable hardship caused by the required side yard setbacks, as reasonable use
of the property exists without the granting of the variance.
7. The granting of the requested variance to the impervious surface is contrary to the intent of
the Zoning Ordinance to limit the amount of impervious surface for the purpose of water
quality control. The applicant can mitigate the effect of the addition by building a smaller
entry and by removing some of the existing impervious surface on the lot.
8. 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.
9. The contents of Planning Case 01-068PC 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 entry addition to a single family dwelling as shown in attached Exhibit A;
1. A 1.9-foot variance to permit a structures eave to encroach to within 3.1 feet from a side
property line rather than the required minimum 5-feet.
2. A 232 square foot variance to permit a total impervious surface coverage area 2,981 square
feet (32.5%), rather than the allowable area of 2,749 square feet (30%).
Adopted by the Board of Adjustment on September 10, 2001.
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Thomas E. V onhof, Commission C
1:\01 files\O 1 variances\O 1-068\dnyresO 1-0 12.doc
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Proj ect #
Doc. No. T 123447
Vol. 90 Page 136 Cert. 30054
OFRCE OF THE REGISTRAR OF TJTIES
SCOTT COUNTY. MNNESOTA
Certified Filed on
10-19-2001 at 03:20 [ ] PM b(] PM
Pat Boeckman, Registrar of Tilles 01
by ~ Deputy Fee: $20.50
STATE OF MINNESOTA)
)ss.
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 of the original.
RESOLUTION # 0l-0l4PC
CASE FILE # Ol-068PC
on file in the office of the City Planner!&ity of Prior Lak
Kelly Meyer
Deputy City Clerk
Dated this 19th day of October 2001.
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RESOLUTION 01-0l4PC
A RESOLUTION APPROVING A 3.9 FOOT VARIANCE TO PERMIT A SUM
OF SIDE YARDS OF 11.1 FEET RATHER THAN THE REQUIRED MINIMUM
15 FEET SUM OF SIDE YARDS
BE IT RESOLVED BY the Board of Adjustment ofthe City of Prior Lake, Minnesota;
FINDINGS
1. Lawrence A. Baird and Mary Jo Briedis, (applicant/owner) have applied for variances
from the Zoning Ordinance in order to permit the construction of an entry addition to
a single family residence on property located in the R-I (Low Density Residential)
District and the SD (Shoreland Overlay) District at the following location, to wit;
5420 Fairlawn Shores Trail, legally described as Lot 4, Fairlawn Shores, Scott
County, Minnesota. And that part of the plat of Fairlawn Shores, and
Government Lot 2, Section 25, Township 115, Range 22, Scott County,
Minnesota, described as follows:
Beginning at the most northerly comer of Lot 4, of said plat; hence
northwesterly along the northwesterly extension of the northeasterly line of
said Lot 4, to the shoreline of Prior Lake; thence southwesterly along said
shoreline to its intersection with the northwesterly extension of the
southwesterly line of said Lot 4; thence southeasterly along said northwesterly
extension to the most westerly comer of said Lot 4; thence northeasterly along
the northwesterly line of said Lot 4, to the point of beginning.
2. The Board of Adjustment has reviewed the application for variances as contained in
Case #01-068PC and held hearings thereon on August 27,2001.
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 not result in the impairment of an adequate supply of light and
air to adjacent properties, unreasonably increase congestion in the public streets,
1:\0 I files\O 1 variances\O 1-068\aprvresO 1-0 14.doc I
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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 applicant has no control over the existing house's location, such that the hardship
created has not been created by the applicant. Reasonable use of the property does
not exist with the present structure, as is, without the requested variances.
6. The granting of the variances, as originally requested, 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.
7. The contents of Planning Case 01-068PC is 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, with conditions, for a future entry addition to a single family dwelling
as shown in the attached Revised Exhibit A;
1. A 3.9- foot variance to permit a sum of side yards of 11.1- feet, rather than the required
minimum of 15 feet.
The following conditions shall be adhered to prior to the issuance of a Building Permit
for the proposed addition:
1. The applicants must submit a revised certificate of survey identifying the
proposed vestibule.
2. The applicant must mitigate the effects of the proposed vestibule by removing an
equal amount of existing impervious surface coverage area. The area to be
removed must be identified on the certificate of survey, and must be verified by
inspection prior to a certificate of occupancy.
3. The Resolution adopted by the Planning Commission shall be recorded at Scott
County and proof of recording shall be submitted along with the acknowledged
Assent Form, to the Planning Department prior to the issuance of a building
permit.
Adopted by the Board of Adjustment on September 10,2001.
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Thomas E. V oOOof, Commissio
1:\01 files\O I variances\O 1-068\aprvresO 1-0 14.doc
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REVISED EXHIBIT A - SURVEY
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NOr BE INCREASED
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Planning Commission Minutes
August 27, 2001
B. Case File #01-017 - (continued) Mark Crouse is requesting variances for
impervious surface and the ordinary high water mark for the construction of a deck
on the property located at 15507 Calmut Avenue.
Steve Horsman stated the applicant contacted the City on August 27,2001, and requested
a continuance to the next meeting.
There were no comments from the public.
MOTION BY CRIEGO, SECOND BY LEMKE, TO CONTINUE THE MATTER TO
THE SEPTEMBER 10, 2001 PLANNING COMMISSION MEETING.
Vote taken indicated ayes by all. MOTION CARRIED.
C. Case File #01-068 - Lawrence Baird is requesting variances to permit a
structure eave/overhang to encroach into the minimum 5 foot sideyard and an
impervious surface area greater than 30 percent for the property located at 5420
Fairlawn Shores Trail.
Steve Horsman presented the Planning Report dated August 27,2001, on file in the office
of the planning department.
The Planning Department received a variance application from Mr. Lawrence Baird for
the proposed construction ofa 6.6-foot by 14.67-foot entryway/vestibule addition to an
existing single family dwelling located at 5420 Fairlawn Shores Trail. The following
variances are being requested:
1. A 1.9 foot variance to permit a structure's eave to be located within 3.1 feet from
a side property line rather than the minimum required 5 feet.
2. A 3.9-foot variance to permit a sum of side yards of ILl-feet rather than the
required minimum sum of side yards of 15-feet.
3. A 232 square foot variance to permit a total impervious surface coverage area of
2,981 square feet (32.5%) rather than the allowable impervious surface coverage
area of 2,749 square feet (30%).
Staff concluded an alternative plan design for an entry addition of lesser scale and
reduced dimensions would work on the subject lot without the need for variances.
The DNR submitted comments recommending reducing the impervious surface.
The planning staff determined the variances requested do not meet all 9 conditions of
hardship criteria needed for the Planning Commission to approve the variance requests.
A revised and reduced entry addition plan and trade off of existing impervious surface
L:\Ol fiJes\O 1 plancomrn\Ol pcminutes\MN082701.doc 2
Planning Commission Minutes
August 27, 2001
area will accomplish similar results without the need for variances and recommended
denial of variances as requested by the applicant.
Comments from the public:
Co-applicant Mick Briedis distributed a narrative of his comments to the Planning
Commission.
Applicant Lawrence Baird, 5420 Fairlawn Shores Trail, stated he owns the home with his
sister, who is represented by her husband, Mick Briedis. Briedis explained the wind
tunnel affect off the lake and the impact to their home. He respectfully disagreed with
staff s conclusion and recommendation regarding the vestibule. Briedis pointed out both
neighbors' eaves extend into the easements. The applicants are willing to shorten up the
eaves and still have 15 feet between the homes. They are also willing to mitigate 98
square feet and make a monetary contribution to a park fund. The applicants explained
why they felt Staff s recommended design would not work. This is an existing house and
the building pad cannot be adjusted. Briedis felt their situation is unique and asked the
Commission to look at alternative Findings accurately reflecting the vestibule.
Atwood:
Questioned how far to the west does the deck extends. Briedis responded approximately
6 feet from the lot line.
Lemke:
Questioned the eave size. Baird said it was 2 feet. He also stated the neighbors do not
oppose the proposed structure.
Comments from the Commissioners:
Lemke:
. The applicant seems willing to mitigate the impervious surface.
. Questioned staff if someone went out to look at the practicality of their recommended
size. Horsman said he looked at it from the standpoint of whether it would work.
There is another access through the garage. Horsman said he looked at the
recommended vestibule as a place for people to enter without blowing the door off,
not for moving furniture in and out.
Criego:
. The deck does not meet the existing code. Horsman agreed.
. Kansier stated there was a permit in 1984 and it should be assumed it was correct at
the time.
. Questioned which way the house faces the lake. Briedis responded it faced northeast.
. Criego has the same situation and suggested changing the door so it opened in the
opposite direction.
. Baird felt they could not bring furniture through the garage entry.
. Questioned if the applicant had sliding glass doors. Briedis said they did.
L:\OI files\OI plancomm\OI pcminutes\MN082701.doc 3
Planning Commission Minutes
August 27, 2001
. The 30% impervious surface is mandatory. The applicants stated they could meet
that in some manner.
. As it relates to the addition, ifit wasn't for the 4 foot deck on the lake (east) side there
wouldn't be a problem other than the overhang. Horsman explained the
encroachment verified by Valley Survey.
. The setbacks between the homes are less than 15 feet.
. The other use of the enclosure will be a closet.
. One small portion ofthe house, which is the deck, is causing the major problem.
. Some kind of entry should be allowed. Find a way without the eave encroachment.
. Would accept a 5 foot minimum taking in consideration exclusion of the deck on the
northeast side.
Atwood:
. Agreed the hardship standards have not been met.
. This is a reasonable request. In favor of allowing the vestibule, as the applicant is
willing to reduce the impervious surface.
. Criego brought up some good points.
. Briedis said they would talk to the architect and see if it will work.
Stamson:
. Clarified with staff that the existing home was already over the impervious surface.
Horsman said the applicant was adding 1.1 %.
. The hardship is the wind tunnel and the door opening on the side. Obviously the
vestibule will work. Agreed staf:fs measurements are correct. A 5x8 foot structure is
reasonable to move in and out of the house.
. The trade off is the small vestibule. There are some restrictions, such as not buying
large pieces of furniture. A 5x8 vestibule is sufficient for 99% of the use. The closet
is a convenience. Variances were not put in place for conveniences.
. It does not meet the hardships. It is merely a convenience of design. They can easily
solve the problem with a smaller vestibule.
. On the other hand, the structure is already over the impervious surface.
. Willing to allow the larger vestibule, staying a maximum of 5 feet, if they mitigate
the entire impervious surface.
. This can meet the ordinance.
Open discussion:
The Commissioners discussed the size of the vestibule and the impervious surface.
Suggested the applicant put in gutters to solve runoff problems. The Commissioners
agreed to allow the applicant to build the vestibule with the condition he would have to
reduce the impervious surface.
Criego:
. Felt there was a hardship and the vestibule could be built and still meet the
ordinances.
L:\Ol files\Ol plancomrn\O 1 pcminutes\MN082701.doc 4
Planning Commission Minutes
August 27. 2001
MOTION BY CRIEGO, SECOND BY LEMKE, DIRECTING STAFF TO PREP ARE A
RESOLUTION DENYING THE 1.9 FOOT VARIANCE TO PERMIT A
STRUCTURE'S EA VB TO ENCROACH TO WITHIN 3.1 FEET TO AN ADJOINING
SIDE PROPERTY LINE RATHER THAN THE REQUIRED 5 FEET; ACCEPT THE
3.9 VARIANCE TO PERMIT AN 11.1 FOOT SUM OF SIDE YARDS, RATHER
THAN THE REQUIRED 15 FOOT SUM OF SIDE YARDS AND REQUIRE THE
APPLICANT TO CORRECT THE IMPERVIOUS SURFACE WITH THE ADDED
STRUCTURE NOT TO EXCEED IT'S CURRENT PERCENTAGE.
Vote taken indicated ayes by all. MOTION CARRIED.
Stamson explained the appeal process.
D. Case File #01-069 - Consider an amendment to Section 1108 of the Zoning
Ordinance to establish a procedure for site plan review.
Planning Coordinator Jane Kansier presented the Planning Report dated August 27,2001,
on file in the office of the City Planner.
The purpose of this public hearing is to consider an amendment to the Zoning Ordinance
establishing a procedure for the review of site plan applications. The need for this
amendment is twofold. First of all, it establishes a formal procedure for a process already
in place. Second, the draft of the downtown design ordinance refers to a site plan
procedure; this amendment will provide a specific reference.
Staff felt there was a public need for this amendment in that it formalizes a procedure
already in place. Furthermore, the site plan review procedure will provide staff the
opportunity to review these plans against the requirements of the Zoning Ordinance, the
Subdivision Ordinance, the Comprehensive Plan and other City Ordinances and plans.
There were no comments from the public.
Comments from the Commissioners:
Criego:
. Does this ordinance change the current review practice in any way? Kansier said it
does not change, this is the process.
Stamson:
. Questioned the 5 day appeal limit. If there is no public hearing, the neighbors nor
anyone else will not know about it and not have the opportunity to appeal. Kansier
explained these are matters that already meet the ordinances.
. Agreed to support.
L:\O 1 files\Ol plancomrn\O 1 pcminutes\MN082701.doc 5
Planning Commission Minutes
September /0. 2001
The Staff is directed to prepare a Resolution granting the variance as stated above.
Vote taken indicated ayes by Stamson, Atwood and Lemke, nays by V onhof and Criego.
MOTION CARRIED.
5. Old Business:
A.Case File #01-068 Lawrence Baird Variance Resolution.
Zoning Administrator Steve Horsman presented Resolutions 01-012PC and 01-014PC as
directed by the Planning Commission's at their August 27, 2001, meeting.
Horsman noted the existing Exhibit is the original submitted with the variance application
and therefore does not fit the recommended side yard variance.
Stamson:
. Questioned staffs kIi.owledge of the applicant's deck being too large. Horsman said
he looked up the permit and there were no designs on file. It was an approved deck.
. Heard second hand information the deck was built too large and mitigated down to
what it is now. Is there any information? Horsman said that information was not
with the permit.
MOTION BY CRIEGO, SECOND BY ATWOOD, TO ADOPT RESOLUTION 01-
012PC.
Stamson stated this is the decision ofthe Planning Commission based on the information
they received.
Vote taken indicated ayes by all. V onhof abstained. MOTION CARRIED.
MOTION BY CRIEGO, SECOND BY ATWOOD, TO APPROVE RESOLUTION 01-
014PC WITH THE REVISED PLAN.
Vote taken indicated ayes by all. Vonhofabstained. MOTION CARRIED.
Applicant Larry Baird spoke that his understanding at the meeting was that a compromise
had been reached so the 3.9 foot setback would be allowed to the 5 foot setback and 14.5
feet long.
Criego responded that was correct. The intent was to keep the 14.5 feet.
Horsman said as long as they mitigate. The applicant's problem was with the impervious
surface.
There was a brief discussion on the interpretation of the Resolution.
L:\Olfiles\O1 plancomm\O1 pcminutes\MN091 001 .doc 16
Planning Commission Minutes
September 10,2001
MOTION AMENDMENT BY CRIEGO, SECOND BY ATWOOD, TO AMEND
RESOLUTION 01-014PC ELIMINATING THE REFERENCE OF A 5 X 8 FOOT
VESTIBULE IN CONDTIONS 1 AND 2. THE APPLICANT MUST MITIGATE THE
EFFECT OF THE VESTIBULE BY REMOVING THE SAME SQUARE FOOTAGE
FROM EXISTING SQUARE FOOTAGE.
Vote taken indicated ayes by all. V onhof abstained. MOTION CARRIED.
6. New Business:
7. Announcements and Correspondence:
Stamson suggested the Commission read the rain barrel information submitted by Bryce
Huemoeller and discuss at the next meeting.
8. Adjournment:
The meeting adjoumed at 9:23 p.m.
Jane Kansier
Planning Coordinator
Connie Carlson
Recording Secretary
L:\OI files\OI plancomm\O I pcminutes\M N091 DOl .doc
17
ASSENT OF APPLICANT
',:;'~f",:.~,;iri!:.';< ~,;;\i
File # Ol-068PC
As Approved by Resolution # 0l-012PC
The undersigned hereby assents to the following:
1. I have read the conclusions and conditions of said Resolution, and I am familiar with
their contents and with the content of the exhibits.
2. I fully accept all of the terms and conditions of said Resolution.
3. I understand Section 1108.400 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:\O 1 files\O 1 variances\O l-068\ASSENT.DOC
1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 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.
I 'l ?/er. 4?t71
.
DATE
~.A-~:.f
GNATURE OF APPLICANT
~-A- ~~
~IGNATURE OF OWNER
5420 Fairlawn Shores Trails
ADDRESS OF PROPERTY
L:\O 1 files\O 1 variances\O l-068\ASSENT.DOC
2
ASSENT OF APPLICANT
File # Ol-068PC
As Approved by Resolution # Ol-014PC
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 llse 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:\Ol files\Ol variances\Ol-068\ASSENT14.DOC
1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 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.
/ tj ~tJ1 ?eJt'J I
DATE
~A a~J
GNATURE OF APPLICANT
g4- ~~~
SIGNATURE OF OWNER
5420 Fairlawn Shores Trails
ADDRESS OF PROPERTY
L:\O 1 files\O 1 variances\O I-D68\ASSENTl4.DOC
2
Original
Reports
1~CUIlvllV<j ~6Yi- q ~ il.1- 0 I
L:\TEMPLA TE\FILEINFO.DOC
AGENDA ITEM:
SUBJECT:
SITE:
PRESENTER:
REVIEWED BY:
PUBLIC HEARING:
DATE:
INTRODUCTION:
PLANNING REPORT
4C
CONSIDER A 1.9 FOOT VARIANCE TO PERMIT AN EAVE
TO BE LOCATED 3.1 FEET FROM A SIDE PROPERTY
LINE; AND, A 232 SQUARE FOOT VARIANCE TO PERMIT
AN IMPERVIOUS SURFACE COVERAGE AREA OF 32.5
PERCENT; AND, A 3.9-FOOT VARIANCE TO PERMIT A
SUM OF SIDE YARDS OF 11.1-FEET (Case File #01-075)
5420 FAIRLAWN SHORES TRAIL SE
STEVE HORSMAN, ZONING ADMINISTRATOR
JANE KANSIER, PLANNING COORDINATOR
_X_ YES NO
AUGUST 27, 2001
The Planning Department received a variance application from Mr. Lawrence
Baird for the proposed construction of a 6.6-foot by 14.67 -foot
entryway/vestibule addition to an existing single family dwelling located at
5420 Fairlawn Shores Trail. The following variances are being requested:
1. A 1.9 foot variance to permit a structure's eave to be located within
3.1 feet from a side property line rather than the minimum required 5
feet [City Ordinance 1101.503 Yard Encroachments (1)].
2. A 3.9-foot variance to permit a sum of side yards of 11.1-feet rather
than the required minimum sum of side yards of 15-feet [Ordinance
Section 1101.502 Required Yards/Open Space (8)].
3. A 232 square foot variance to permit a total impervious surface
coverage area of 2,981 square feet (32.5%) rather than the allowable
impervious surface coverage area of 2,749 square feet (30%) [City
Ordinance1104.306: Impervious Surface Coverage; (1)].
DISCUSSION:
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Lot 4, Fairlawn Shores, was platted in May of 1923. The property is located
within the R-1 (Low Density Residential) and the SD (Shoreland Overlay)
Districts. The lot is riparian with approximate dimensions of 50-feet by 187.5-feet
for a total lot area of 9,162 square feet. The site is considered a legal non-
conforming lot of record and is substandard by today's ordinance requirements.
The applicant does not own either of the adjacent parcels (Exhibit A Survey).
The original single-family dwelling was constructed in 1980 by a previous owner
(Exhibit B - Building Permit #80-101). The current owner has decided to
expand the main floor of the structure to include an entryway addition, to protect
an existing side yard front door from inclement weather and high winds.
The proposed entryway addition is 6.6-feet by 14.67-feet, for a total floor area of
98 square feet The applicant is proposing a 2 foot eave that will encroach to
within 3.1 feet from the side lot line because the entryway exterior wall is
proposed to be setback 5.1-feet from the side property line. However, the
existing deck stairs on the northeasterly side yard are 6.1-feet from the lot line.
This will create combined side yards of 11.1-feet or 3.9-feet less than the
required combined side yards of 15-feet (Exhibit C Entry Addition Plans).
The second variance request is for 3.9-feet to permit the sum of side yards to
equal 11.1-feet [1102.502 Required Yards/Open Space (8)]. As proposed the
combined side yards total 11.1-feet. The existing structure's deck is currently
setback 6.2-feet on the SE lot line and 6.1-feet on the NE lot line.
The third variance request is for 282 square feet to permit an impervious surface
coverage area of 2,981 square feet or 32.5%. The existing impervious surface
area is 2,883 square feet (31.4%) and includes the concrete area, bituminous
driveway and the principal structure. The proposed 98 square foot entry addition
brings the total area up to 2,981 square feet (32.5%) [Exhibit D Impervious
Surface Worksheet].
Staff has concluded an alternative plan design for an entry addition of lesser
scale and reduced dimensions would work on the subject lot without the need for
variances. For example, a 5-foot by 8 foot addition with a 1.5-foot eave would
eliminate the setback and encroachment variances, and the impervious surface
area of 40 square feet could be offset by the removal of concrete or parking
area.
The applicant has submitted a written statement describing their reasons for the
requested variances (Exhibit E Applicant Letter).
VARIANCE HARDSHIP STANDARDS
L:\01 f1les\01 variances\01-068\VRPT01-068.DOC
Page 2
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 proposed entry addition could be redesigned with reduced dimensions
and eliminate the need for the encroachment, sum of yard and impervious
surface 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 the platted
subdivisions of this era. However, a revised plan could eliminate the need for
the requested variances.
3. The granting of the proposed Variance is necessary for the preservation
and enjoyment of a substantial property right of the owner.
There is an alternative design and location for the 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.
The variance requests could potentially affect an adjacent property
owner from constructing a future addition or accessory structure less than 10
feet from the adjacent lot line.
L:\01 files\01 variances\01-068\VRPT01-068.DOC
Page 3
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 Variance requests will be contrary to the intent of the
Ordinance and Comprehensive Plan. As the purpose and intent of these
documents are to promote orderly development and to maintain community
stability.
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 requests are not necessary to alleviate demonstrable undue
hardship or difficulty, as an alternative design exists to accomplish the
applicant's objective of protecting the front door to the principal structure.
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 not result in hardship as an
alternative entry addition plan eliminates the need for variances requested.
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 to the variances requested.
RECOMMENDATION:
The planning staff has determined that the Variances requested do not meet all
9 conditions of hardship criteria needed for the Planning Commission to approve
the variance requests. A revised and reduced entry addition plan and trade off
of existing impervious surface area will accomplish similar results without the
need for variances. Staff therefore recommends denial of variances as
requested by the applicant.
ALTERNATIVES:
1. Deny the Variances requested by adopting the attached Resolution # 01-
012PC.
2. Approve the variances requested by the applicant or approve any variances
the Planning Commission deems appropriate under the circumstances. In
L:\01 files\01 variances\01-068\VRPT01-068.DOC
Page 4
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 01-012PC denying: 1) a 1.9-foot
variance to permit a structures eaves to encroach to within 3.1 feet to an
adjoining side property line rather than the required 5 feet; 2) a 3.9 foot
variance to permit an 11.1 foot sum of side yards, rather than the required
15-foot sum of side yards; 3) a 232 square foot variance to permit an
impervious surface coverage area of 2,981 square feet (32.5%) rather
than the allowable coverage area of 2,749 square feet (30%).
L:\01 files\01 varlances\01-068\VRPT01-068.DOC
Page 5
RESOLUTION 01-012PC
A RESOLUTION DENYING A 1.9 FOOT VARIANCE TO PERMIT A STRUCTURES
EAVE TO ENCROACH TO WITHIN 3.1 FEET FROM A SIDE PROPERTY LINE
RATHER THAN THE REQUIRED MINIMUM 5 FEET; AND, A 3.9 FOOT VARIANCE
TO PERMIT A SUM OF SIDE YARDS OF 11.1 FEET RATHER THAN THE REQUIRED
MINIMUM 15 FEET SUM OF SIDE YARDS; AND, A 232 SQUARE FOOT VARIANCE
TO PERMIT AN IMPERVIOUS SURFACE COVERAGE AREA OF 2,981 SQUARE
FEET (32.5%) RATHER THAN THE MAXIMUM ALLOWABLE AREA OF 2,749 (30%)
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Lawrence A. Baird and Mary Jo Briedis, (applicant/owner) have applied for variances from
the Zoning Ordinance in order to permit the construction of an entry addition to a single
family residence on property located in the R-l (Low Density Residential) District and the
SD (Shoreland Overlay) District at the following location, to wit;
5420 Fairlawn Shores Trail, legally described as Lot 4, Fairlawn Shores, Scott
County, Minnesota. And that part of the plat of Fairlawn Shores, and Government
Lot 2, Section 25, Township 115, Range 22, Scott County, Minnesota, described as
follows:
Beginning at the most northerly comer of Lot 4, of said plat; hence northwesterly
along the northwesterly extension of the northeasterly line of said Lot 4, to the
shoreline of Prior Lake; thence southwesterly along said shoreline to its intersection
with the northwesterly extension of the southwesterly line of said Lot 4; thence
southeasterly along said northwesterly extension to the most westerly comer of said
Lot 4; thence northeasterly along the northwesterly line of said Lot 4, to the point of
beginning.
2. The Board of Adjustment has reviewed the application for variances as contained in Case
#01-068PC and held hearings thereon on August 27, 2001.
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 ftre, 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 ftre,
1:\01 files\O 1 variances\O 1-068\dnyres.doc
1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNIlY EMPLOYER
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. A legal building location that meets the required setback for the entry addition structure
exists on the subject lot. The applicant has control over the entry plan 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. There is no justifiable hardship caused by the required side yard setbacks, as reasonable use
of the property exists without the granting of the variance.
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 01-068PC 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 entry addition to a single family dwelling as shown in attached Exhibit A;
1. A 1.9-foot variance to permit a structures eave to encroach to within 3.1 feet from a side
property line rather than the required minimum 5-feet.
2. A 3.9-foot variance to permit a sum of side yards of ILl-feet, rather than the required
minimum of 15 feet.
3. A 232 square foot variance to permit a total impervious surface coverage area 2,981 square
feet (32.5%), rather than the allowable area of 2,749 square feet (30%).
Adopted by the Board of Adjustment on August 27,2001.
Thomas E. V onhof, Commission Chair
ATIEST:
Donald R. Rye, Planning Director
1:\01 files\O 1 variances\01-068\dnyres.doc
2
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EXHIBIT .B PERMIT #80-101
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SCOTT COUNTY
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APPLICATION FOR BUllOING PERMIT
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Date "$'(- 13-W
Permit No. /t) I
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Ch,'.Iacter;stics:
Zoning District (c:hKk boxl
Rel!id'!f'ltial:g) , Commercial: 0 Industrial:O Other: 0 (Specifvl
Lot size: Sq. Ft.: --'-- Width at Building Set back line: _-----, ,_
Depth 01 Lot: Side vard i5 _and _'eet. Rear yard is _ ft. Front vard is _ ft.
Building setbaci< from state OT county highway is _ ~t.
Buiiding will be l<'C3ted_'eet ffC':n septic tank. (Sewagt' oem.it required).
Building will be located -,-- 'eet'rom soil absorption systp',Il,
Type of improvement -
IXI New Building
I I Alteration
( I Repair
I I Move
( 1 Olher
Estimated Building Costs o"mprcwement - S ~~lJt) tl
PrirJCiplll type 0' frame -
1 I Masonry
(Y\ Wood Frarru!
( I St rur.tural Steel
( ) Other - specify
Type 7' Roo':
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R~dential proposed use -
(VI One family
( Il\.lultiple dWelling_unitS
( I ~r Size_
Type 0' sewage disposal -
{X'I Publil;
( 'I individual
Sewer system apprOYed _
Sewer system conditional _
!.SI!E SEmR APPI.ICAT'ONI
Water Supply:
IX I Pub! ic
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Non Residential proposed JJ:. -
Specify hhj. '5.:-.," .~ k~ '
10t0'1T aNTS!
Dimensions -
Basement l,X'1 Yes {I No
StOTies abovl! basement ~
Sq. Ft,(OUTSIDE OIMENSlONS! ~"..,,~
8<<Iiooms ...2-__ Baths L_
heating: ( 1 Electric Q(I GIIS
( I Oil (I None (I Other:
f~l FiTeplllCll How many ~
Mechanical
Air Conditioning { 1 Yes ~ No
( I Certtral (I Unit
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Feel! Paid:
Building Permit
Sewa~ System
Water System
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Surch<lrge S __ __ ___
Su rcharge $
Metropolitan SHvice Ayailability Otatge, . _ '
Park Fl!1! Olldlcated' to purchaw and rrnllntatr. Publi.: Parks
" {""is waived. why?
SuIHntal
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EXHIB T C ENTRY PLANS'
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,Impervious Surface Calculations
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" F or All Properties Located in the Shoreland District (SO).
., The Maxiniu~ImP~rviotis, S~rface Covemge Permitted in 30 Percent.
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EXHIBIT E APPLICANT LETTER
26 July, 2001
To the City of Prior Lake
Our property is located at 5420 Fairlawn Shores Trail, described as Lot 4 Fairlawn
Shores, with a Torrens decree for the land between lot 4 and the shoreline of Prior Lake.
We desire to modify our entryway into the house to correct a problem we experience
during the cold weather months. There is a substantial wind that comes across the lake
and is concentrated due to the bluff resulting into a wind tunnel effect between our house
and the neighbors. When we open our door, which is unprotected from the wind, the cold
air and snow rushes into the house, and on several occasions has damaged the storm door.
With this design our front door can be unusable during many winter months.
Our desire is to add a vestibule/entry area, which extends 6.5 feet west of our present
house wall, and turns the exterior door to face south, away from the Northwest winds.
The proposed addition would loose 50 square feet of grass, slightly increasing the
imperviousness of our property. Please refer to the enclosed pictures that show wooden
stakes with a string line outlining the outside perimeter of the proposed addition. The
west wall of the proposed addition is shown 5 feet from our property line. The long
string line in the pictures is stretched between the two surveyor's markers of our lot line.
When the house was purchased in 1996, our lot was 45% impervious. The Torrens
decree substantially reduced that percentage. Also at that time the adjoining lot was
vacant. Since then a house has been built next-door creating the wind effect. We are
requesting the City of Prior Lake to allow us to add a total net increase of98 square feet
of impervious area to correct an unusual wind tunnel circumstance that impacts our
house, This will still keep the imperviousness of Lot 4, 13% less than when purchased.
We have hired an architect to design the vestibule so it blends in with the house and
neighborhood and achieves our desire to decrease our energy usage. We would like an
addition that is proportionate in appearance to both our neighbors and us.
We hope the City concurs that our proposed improvement is in substantial compliance
with the intent of the present ordinances of the City. We request your consideration in
our special circumstances, and grant us a building permit for the modification to our
entryway.
Please feel free to contact us at 952.447.6644.
Sincerely,
Larry Baird
Mary Jo Briedis
Original
surveys and.
. drawings
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DESCRIPTION AS PROVIDED:
Lot 4, FAIRLA WN SHORES, Scott County, Minnesota. And that part of the plat of
F AIRLA WN SHORES, and Government Lot 2, Section 25, Township 115, Range 22.
Scott County, Minnesota, described as follows:
Beginning at the most northerly comer of Lot 4, of said plat~ thence northwesterly
along the northwesterly extension of the northeasterly line of said Lot 4, to the
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L:\TEMPLA TE\FILEINFO.DOC
4 June, 2001
To the City of Prior Lake
Our property is located at 5420 Fairlawn Shores Trail, described as Lot 4 FairIawn
Shores, with a torrence decree for the land between lot 4 and the shoreline of Prior Lake.
We desire to modify our entryway into the house to correct a problem we experience
during the cold weather months. There is a substantial wind that comes across the lake
and is concentrated due to the bluff resulting into a wind tunnel effect between our house
and the neighbors. When we open our door, which is unprotected from the wind, the cold
air and snow rushes into the house, and on several occasions has damaged the storm door.
Our desire is to add a vestibule/entry area, which extends 7 feet west of our present
house wall, and turns the exterior door to face south, away from the winds.
The proposed addition would loose 50 square feet of grass, slightly increasing the
imperviousness of our property. Please refer to the enclosed pictures which shows
wooden stakes with a string line outlining the outside perimeter of the proposed addition.
The west wall of the proposed addition is shown 5 feet from our property line. The long
string line in the pictures is stretched between the two surveyor's markers of our lot line.
With the torrence decree, the total area of our property as per the 1980 survey is
9470.8 square feet. Our lot as well as both adjoining lots, have been surveyed and there
are no disputes in where the property lines are located. Our understanding is 30% of the
property can be covered with impervious materials. Presently our house and garage
cover 2081 square feet, we have 244 square feet ofsidewaJks, and 669 square feet of
driveway. 2994 square feet of impervious land which is 31.61 % of our property. Please
note in the pictures, that a substantial part of the proposed entryway is already covered by
our door stoop and sidewalk. We are requesting the City of Prior Lake to allow us to add
a total net increase of94 square feet of impervious area to correct an unusual wind tunnel
circumstance that impacts our house.
We have hired an architect to design the vestibule so it blends in with the house and
neighborhood and achieves our desire to decrease our energy usage. We would like an
addition that is proportionate in appearance to both us and our neighbors.
We hope the City concurs that our proposed improvement is in substantial compliance
with the intent of the present ordinances of the City. We request your consideration in
our special circumstances, and grant us a building permit for the modification to our
entryway,
Please feel free to contact us at 952.447.6644.
Sincerely,
Larry Baird
Mary Jo Briedis
August 3, 2001
Lawrence A. Baird
5420 Fairlawn Shores
Prior Lake, MN 55372
RE: Notice Of Completeness For Variance Application
Dear Mr. Baird:
The Planning Department has reviewed and determined that your variance application is
complete. I will notify you of any pertinent issues, which may arise as a result of my
preparation of the staff report.
We have scheduled your request to be heard before the Planning Commission on
Monday, August 27, 2001. The meeting begins at 6:30 p.m. and is located at the City
Fire Station on the comer of County Road 21 and Fish Point Road. You or your
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 staffreport
with recommendation prior to the meeting.
The City approval process can be substantially less than 120 days, and we intend to
process your application in a timely manner that provides a complete and professional
review. Occasionally, 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 September 26, 2001, till
November 26,2001.
If you should have any questions please call me at (952) 447-9854.
Sincerely,
~~
Zoning Administrator/Inspector
1:\01 files\01 variances\01-068\cmpltltr.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
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September 5,2001
Lawrence Baird
5420 Fairlawn Shores Trail
Prior Lake, MN 55372
RE: Agenda and Agenda Report
Attached is a Planning Commission Agenda and Staff Report for the September 10,
2001 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,
Cl&v~ r~~
Connie Carlson .~ (\'
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
September 17, 2001
Thomas E. Vonhof
Planning Commission Chair
14411 Watersedge Trail
Prior Lake, MN 55372
Dear Mr. Vonhof:
Enclosed are Mr. Baird's Variance Resolutions 01-012PC (Deny), and 01-014PC
(Approve), and Mr. Teilborgs Variance Resolutions 01-016PC (Approve), and 01-017PC
(Deny), as adopted by the Planning Commission on September 10, 2001. Please
review and sign the Resolutions and return in the self addressed stamped envelope
provided.
Should you have any questions regarding this matter, please call my direct phone
number at 447-9854 between 8:00 a.m. and 4:30 p.m., Monday through Friday, and I
will assist you.
Sincerely,
~l~
Steven Horsman
Zoning Administratorllnspector
Q
16200 E'~&erereekAve. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
October 19, 2001
Lawrence A. Baird & Mary Jo Briedis
5420 Fairlawn Shores Trail
Prior Lake, MN 55372
RE: Recording of Variance Resolution and Assent Form Acknowledgment
Dear Mr. Baird & Ms. Briedis:
The purpose of this letter is to advise you that Resolutions 01-012PC, and 01-
014PC, regarding the variance requests on your property located at 5420
Fairlawn Shores Trail, must be recorded within 60 days 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 1108.400, if the project is not completed or if construction has
not commenced within one year of the adoption date of September 10, 2001
(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,
~ L~~~~
Steven Horsman
Zoning Administratorllnspector
.
1:\01 files\01 variances\01-Q68\recdleldoc
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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Honomble Planning Commission,
Approximately 3 years ago, a new house was constructed on a vacant lot to the west of our
house. Both of our houses are on Prior Lake and are located well above the water.
Considemble wind is genemted across the lake and impacts our house, even when it is
relatively calm one block inland. The new house inadvertently contributed to a wind tunnel
effect off of the lake which has created problems with our entry door. On several occasions
the door closers have been ripped out of the frame, requiring repair, We do not fmd fault
with anybody for this unforeseen condition, but desire to construct a vestibule. Our entry is
in the sideyard, and the vestibule has to be in the sideyard also.
The City Staff has prepared a Resolution recommending a denial of our requested 6.6 ft by
14.67 ft vestibule addition which apparently requires three variances for the plan as
submitted. The staff has concluded we can build a 5 ft by 8 ft vestibule without variances. I
disagree with their conclusion and request an alternative compromise, Please consider the
following:
The fmt issue raised by the staff is the eave encroachment into the minimum 5 feet side
yard, Neighbors on both sides of our house have eaves which encroach into their side
yards. One is an old house and one is new. Please note the surveys which show existing
building locations measure to the face of the building and do not show eaves. We have no
objections to our neighbors eaves encroaching the side yards. The eaves are well above the
ground level and have no visual impact. Item 5 of the variance hardship standards implies
that if a variance is granted for our proposed vestibule, the adjacent property could be
potentially affected, The adjacent house is situated on a 50 foot wide lot, with the far side of
their house 5 feet from the side property line, and the side nearest our property being 10 feet
from the property line. They are at the maximum width for their house and are unable to
have any additions into the sideyard without a variance.
Our present plan maintains the sidewall of the proposed addition 5.1 feet from the property
line. The purpose of the eave is to minimize potential water damage in the proposed
vestibule during freeze I thaw cycles in the winter. If our proposed eave is unacceptable, we
are willing to shorten up the eave and take our chances with water damage. It does not make
sense to do so, but if we cannot have a 2 foot eave in our sideyard the same as our
neighbors, we will have to construct a 1 foot eave,
The second variance addressed by the staffis the sum of the sideyards being 11.1 feet in
lieu of 15 feet. Our present combined sideyard is 123 feet due to the deck. The sum of the
sideyards considered by the staff include a measurement of the landing to steps and to a
deck (6.1 feet) from the northeasterly side of the property. To meet the required minimum
15 feet sideyard requirement, the proposed vestibule could only be 2.7 feet wide. Please
note the landing to our steps in the opposite sideyard is open and not a substantial
obstruction to the sideyard. If the governing concert is to provide unobstructed views in the
sideyards for the adequate supply of "light and air' , then the evergreen tree in our sideyard
which blocks the view from the street also violated the intent of the ordinance. We ask you
to consider the building proper when considering whether or not we comply with the sum of
side yard intent, and not the ancillary impact of an open landing to our steps and deck in the
opposite sideyard.
The third staff issue is impervious ground In the introduction to the planning report, it is
listed that a variance is required for 232 square feet and not the 98 square feet of the
proposed addition. Further in the staffs report, they recommend an alternative plan for a 40
square feet addition and state that the removal of 40 square feet of concrete or parking area
would eliminate the need for a variance. We are willing to mitigate 98 square feet of
concrete and I or asphalt and have a neutral impact on the impervious area within the Prior
Lake Watershed. If there is a park fundt we are willing to make a monetary contribution so
that a park could be made larger, keeping more land in its natural state in lieu of having the
area develop with impervious improvements. This will apparently eliminate the need for a
variance for the imperious ground.
Please note that with our proposed compromise, we still need a variance for the 15 foot
combined side yard because of the open landing to our steps and deck. I cannot believe this
would justify the ominous language used in the fmdings that our property would 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 public
safety, unreasonably diminish or impair health, safety, comfort, and morals."
We are not asking for a grandiose addition, but for a simple vestibule and closet at the entry
to our house to reduce the wind and snow which blows in through our front door. Without
the proposed addition, we will have diminished enjoyment of our property and continue to
pay higher utility bills, It would seem that it is in the community's best interest to promote
and encourage energy conservation through projects such as vestibules and wind screens,
While the staff's intention were good to recommend a 5 foot by 8 foot addition to
apparently mathematically resolve all sideyard issues, they have not considered the issues of
appearance and function. We may have differences of opinion on the issue of appearance,
but I think we can agree on the functional problem. The vestibule and current front entry
will continue to be our primary access for furniture. We have to be able to carry in couches,
box mattressest and appliances through the dooIWays, Please visualize laying down a 4 foot
by 8 foot sheet of plywood in front of our current door (approximate dimension of staffs
proposed vestibule), and then carrying furniture through the new vestibule doorway, then
immediately turning a 900 comer to go through the existing doorway into our houset and
then immediately changing direction again to either go up or down a set of stairs in our split
entry ,
It will not work. The staff's contention that the proposed entry can be redesigned to a 5
foot by 8 foot entry as a viable alternative design is inaccurate. Our initial plan for the
vestibule was to have a 7 to 8 foot wide dimension into the sideyard from our house. We
narrowed it up to 6.6 feet wide to comply with the 5 foot side yard requirement. We do not
have the option of reducing it further by another foot and a half and be able to bring
furniture in or out.
We ask the Board to direct the staff to draft alternative fmdings which more accurately
reflect the positive impact of the proposed vestibule. We ask the Board to conclude the 5
foot by 8 foot staff recommendation is not a viable alternative and be deleted from the
fIndings, We ask for a favorable fInding to allow a 6.6 feet by 14,67 feet addition. If
possible, we would like to have a two foot eave, but if not, we will agree to a one foot eave.
We agree to working out a solution with staff to maintain a neutral impervious impact from
the addition as per staff's recommendation,
Sincerely t
\~cwy ~~
Mary Jo Briedis
1515 41st Place
Des Moines, IA 50311
-y--4. dL:~
Lawrence Baird
5420 Fairlawn Shores Trail
Prior Laket MN 55372
Miscellaneous
..
L:\TEMPLATE\FILEINFO.DOC
CITY OF PRIOR LAKE
ORC PROJECT REVIEW CHECKLIST
PROJECT NAME: V AR 01-068: variances to impervious
surface, and side yard encroachment
APPLICANT: Lawrence Baird
CONTACT PERSON: Steve Horsman
SITE INFORMATION
PID#: 25-031-003-5
LOCATION: 5420 Fairlawn Shores Trail
EXISTING ZONING: R-1 SO
DISTRIBUTE TO: D APPLICATION FOR:
~ Frank Boyles ~ Bud Osmundson Administrative Land Division
~ Sue Walsh ~ Sue McDermott Comprehensive Plan Amend.
~ Ralph Teschner 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 8/23/01 Date Due 8/27/01
Complete Application Date Distributed to DRC Meeting
Date DRC
Publication Date Tentative PC Date Tentative CC
Date
60 Day Review Date Review Extension
(:\01 files\01 variances\01-068\referral.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:
Signed: Date:
Please return any comments by August 27.2001 I to
Steve Horsman
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (612) 447-9854
Fax: (612) 447-4245
1:\01 files\O 1 variances\01-068\referral.doc
Page 2
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August 22,2001
Lawrence Baird
5420 Fairlawn Shores Trail
Prior Lake, MN 55372
RE: Agenda and Agenda Report
Attached is a Planning Commission Agenda and Staff Report for the August 27,2001
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,
bn (< &~'
() fh~
I tLtLt', ' i.t~
Connie Carlson
Planning Dept. Sec'retary
Enclosure
I:\deptwork\blankfrm\meetltr.doc
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Steve Horsman
From:
Sent:
To:
Subject:
Pat Lynch [pat.lynch@dnr.state.mn.us]
Thursday, August 23,200112:24 PM
Shorsman@cityofpriorlake.com
Lawrence Baird variance
There is an opportunity to remove some hard surface to compensate for the additional
impervious. DNR would recommend portions of one of the three existing decks be removed to
get impervious to 30%. It is prefered some of the deck at the shoreline be removed. Was
it constructed under permit? It actually encroaches lakeward of the 904 contour.
Pat Lynch
DNR South Metro Area Hydrologist
phone 651.772.7917
fax 651.772.7977
pat.lynch@dnr.state.mn.us
1
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VARIANCE'S TO PERMIT A STRUCTURE'S EA VE/OVERHANG TO
ENCROACH INTO THE MINIMUM 5 FOOT SIDEYARD, AND AN
IMPERVIOUS SURFACE AREA GREATER THAN 30 PERCENT
FOR THE CONSTRUCTION OF AN ENTRYW A Y ADDITION TO AN EXISTING
SINGLE FAMILY DWELLING ON PROPERTY LOCATED IN THE R-l DISTRICT
(LOW DENSITY RESIDENTIAL) AND THE SHORELAND DISTRICT (SD)
IDENTIFIED AS 5420 F AIRLA WN SHORES TRAIL, 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, August 27, 2001,
at 6:30 p.m. or as soon thereafter as possible.
APPLICANT: Lawrence Baird
5420 Fairlawn Shores Trail
Prior Lake, MN 55372
SUBJECT SITE: 5420 Fairlawn Shores Trail SE, Prior Lake, MN, legally
described as Lot 4, Fairlawn Shores, Scott County, Minnesota.
And that part of the Plat of Fairlawn Shores, and Government Lot
2, Section 25, Township 115, Range 22, Scott County, Minnesota,
described as follows: (see lengthy legal description).
REQUEST: The applicant is proposing to construct a 6.6-foot by 14.67-foot
entryway addition to an existing single-family house. The proposed
addition would increase the impervious surface area by 98 square
feet or 1% for 32.5% total coverage. The eave/overhang would
encroach 1.9 feet into the minimum required 5-foot sideyard.
If you are interested in this issue, you should attend the hearing. Questions related to this
hearing should be directed to the Prior Lake Planning Department by calling 447-9810
between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. The Planning
Commission will accept oral and/or written comments. Oral or written comments should
relate to how the proposed construction and requested variances are or are not consistent
with the Zoning Ordinance and variance hardship criteria.
Prepared this 1 st day of August, 2001.
Steven Horsman
City of Prior Lake
To be published in the Prior Lake American on August 4, 2001.
L:\01 files\01 variances\01-068\Pubnote.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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LYNNS HEATING & AIR/GAS LINE TO FIREPLACE AND GRILL
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CITY OF PRIOR LAKE
APPLICATION FOR BUILDING PERMIT
AND UTILITY CONNECTION PERMIT
~ PERMIT NO. 5:J1_ DATE 7 jgJo/ i~
Property Own!'r~>\. 0./ i/L.<. ~
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Contractor:4.u~<Ali!..;
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Type of Improvl'ml'nt: Residl'ntial Use:
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80 -101
VILLAGE OF PRIOR LAKE
SCOTT COUNTY
'PHONE .447-37118
APPLICATION !=OR BUILDING PERMIT
74!"~~ft.d
Date 'f< - , 3 -<bCI
Permit No. /n I
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Phone
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Specify,S.' '~
Estimated Building Costs 01 Improvement - $ ,~ ()t') (l
Principal tYpe of frame -
( J Masonry
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{ I Stru~tural Steel
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Basement OCl Yes (I No
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EXHIBIT E APPLICANT LETTER
26 July, 2001
To the City of Prior Lake
Our property is located at 5420 Fairlawn Shores Trail, described as Lot 4 Fairlawn
Shores, with a Torrens decree for the land between lot 4 and the shoreline of Prior Lake.
We desire to modify our entryway into the house to correct a problem we experience
during the cold weather months. There is a substantial wind that comes across the lake
and is concentrated due to the bluff resulting into a wind tunnel effect between our house
and the neighbors. When we open our door, which is unprotected from the wind, the cold
air and snow rushes into the house, and on several occasions has damaged the storm door.
With this design our front door can be unusable during many winter months.
Our desire, is to add a vestibule/entry area, which extends 6.5 feet west of our present
house wall, and turns the exterior door to fuce south, away from the Northwest winds.
The proposed addition would loose 50 square feet of grass, slightly increasing the
imperviousness of our property. Please refer to the enclosed pictures that show wooden
stakes with a string line outlining the outside perimeter of the proposed addition. The
west wall of the proposed addition is shown 5 feet from our property line. The long
string line in the pictures is stretched between the two surveyor's markers of our lot line.
When the house was purchased in 1996, our lot was 45% impervious. The Torrens
decree substantially reduced that percentage. Also at that time the adjoining lot was
vacant. Since then a house has been buili next-door creating the wind effect. We are
requesting the City of Prior Lake to allow us to add a total net increase of98 square feet
of impervious area to correct an unusual wind tunnel circumstance that impacts our
house. This will still keep the imperviousness of Lot 4, 13% less than when purchased.
We have hired an architect to design the vestibule so it blends in with the house and
neighborhood and achieves our desire to decrease our energy usage. We would like an
addition that is proportionate in appearance to both our neighbors and us.
We hope the City concurs that our proposed improvement is in substantial compliance
with the intent of the present ordinances of the City. We request your consideration in
our special circumstances, and grant us a building permit for the modification to our
entryway.
Please feel free to contact us at 952.447.6644.
Sincerely,
Larry Baird
Mary Jo Briedis
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REA G
NOTICES.
L:\TEMPLATE\FILEINFO.DOC
VARIANCE'S TO PERMIT A STRUCTURE'S EAVE/OVERHANG TO
ENCROACH INTO THE MINIMUM 5 FOOT SIDEYARD, AND AN
IMPERVIOUS SURFACE AREA GREATER THAN 30 PERCENT
FOR THE CONSTRUCTION OF AN ENTRYW A Y ADDITION TO AN EXISTING
SINGLE FAMILY DWELLING ON PROPERTY LOCATED IN THE R-1 DISTRICT
(LOW DENSITY RESIDENTIAL) AND THE SHORELAND DISTRICT (SD)
IDENTIFIED AS 5420 F AIRLA WN SHORES TRAIL, 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, August 27, 2001,
at 6:30 p.m. or as soon thereafter as possible.
APPLICANT: Lawrence Baird
5420 Fairlawn Shores Trail
Prior Lake, MN 55372
SUBJECT SITE: 5420 Fairlawn Shores Trail SE, Prior Lake, MN, legally
described as Lot 4, Fairlawn Shores, Scott County, Minnesota.
And that part of the Plat of Fairlawn Shores, and Government Lot
2, Section 25, Township 115, Range 22, Scott County, Minnesota,
described as follows: (see lengthy legal description).
REQUEST: The applicant is proposing to construct a 6.6-foot by 14.67-foot
entryway addition to an existing single-family house. The proposed
addition would increase the impervious surface area by 98 square
feet or 1 % for 32.5% total coverage. The eave/overhang would
encroach 1.9 feet into the minimum required 5-foot sideyard.
If you are interested in this issue, you should attend the hearing. Questions related to this
hearing should be directed to the Prior Lake Planning Department by calling 447-9810
between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. The Planning
Commission will accept oral and/or written comments. Oral or written comments should
relate to how the proposed construction and requested variances are or are not consistent
with the Zoning Ordinance and variance hardship criteria.
Prepared this 1 st day of August, 2001.
Steven Horsman
City of Prior Lake
To be published in the Prior Lake American on August 4,2001.
L:\01 files\01 variances\01-068\Pubnote.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 PERMIT A STRUCTURE'S EAVE/OVERHANG TO
ENCROACH INTO THE MINIMUM 5 FOOT SIDEYARD, AND AN
IMPERVIOUS SURFACE AREA GREATER THAN 30 PERCENT
FOR THE CONSTRUCTION OF AN ENTRYW A Y ADDITION TO AN EXISTING
SINGLE FAMILY DWELLING ON PROPERTY LOCATED IN THE R-l DISTRICT
(LOW DENSITY RESIDENTIAL) AND THE SHORELAND DISTRICT (SD)
IDENTIFIED AS 5420 F AIRLA WN SHORES TRAIL, 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, August 27,2001,
at 6:30 p.m. or as soon thereafter as possible.
APPLICANT: Lawrence Baird
5420 Fairlawn Shores Trail
Prior Lake, MN 55372
SUBJECT SITE: 5420 Fairlawn Shores Trail SE, Prior Lake, MN, legally
described as Lot 4, Fairlawn Shores, Scott County, Minnesota.
And that part of the Plat of Fairlawn Shores, and Government Lot
2, Section 25, Township 115, Range 22, Scott County, Minnesota,
described as follows: (see lengthy legal description).
REQUEST: The applicant is proposing to construct a 6.6-foot by 14.67-foot
entryway addition to an existing single-family house. The proposed
addition would increase the impervious surface area by 98 square
feet or 1 % for 32.5% total coverage. The eave/overhang would
encroach 1.9 feet into the minimum required 5-foot sideyard.
If you are interested in this issue, you should attend the hearing. Questions related to this
hearing should be directed to the Prior Lake Planning Department by calling 447-9810
between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. The Planning
Commission will accept oral and/or written comments. Oral or written comments should
relate to how the proposed construction and requested variances are or are not consistent
with the Zoning Ordinance and variance hardship criteria.
Prepared this 1 st day of August, 2001.
Steven Horsman
City of Prior Lake
To be mailed on or before August 16, 2001.
L:\01 file5\01 variance5\01-068\Mailnote.doc 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Mailing
Information
and Lists
"
L:\TEMPLATE\FILEINFO.DOC
AFFIDAVIT OF SERVICE BY MAIL
COUNTY OF scan )
)ss
STATE OF MINNESOTA)
() nofthe City p!Jrior Lake, ounty of Scott, State of
Minnesota, being duly om, says on the ~ day 9f 2001, she served
the attached list~ to have an inTI in the V,
~L - M 1iO, (.. (Q(c) , by mailing to them a copy thereof,
enclosed in an envelope, postage prepaid, and be depositing same in the post office at
Prior Lake, Minnesota, the last known address of the parties.
Subscribed and sworn to be this
day of , 2000.
NOTARY PUBLIC
.
L:\DEPTWORK\BLANICFRM\MAILAF,DQC
Property ONners within 350'
Baird Variance
File #01-068
I'RIOR lAI<E
VlAYNE & HMRIETS
~ 1STAlDN
23 22 2f 20 19 19
~~
2.9
..
23 24
,.
19
400
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o
400 Feet
I
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N
5420 Fairlawn Shores Trail
11
1ST ADDIN
) 16 15 14 12
TOJ\Il'&Dp RCW)
c B
C ~~ t
~(j~ 16 2
~ 2 3
4
14 15 16
Looation of
5420 Fairlawn Shores Trail
p
/\
N
t\
200
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200
400 Feet
July 23,2001
Larry Baird
5420 Fairlawn Shores Trail
Prior Lake, MN 55372
RE: 350 FOOT RADIUS SEARCH FOR THE LANDS DESCRIBED AS FOLLOWS:
LOT 4, F AIRLA WN SHORES
FILE NUMBER: 77-619842E
Dear Larry Baird:
We have examined the records in the office of the County Recorder, Scott County, Minnesota and have
found the following persons to have an interest in the property within a 350 foot radius of the above
described property.
UNIVERSAL TITLE
o (.. (L;cq) c::J{, ~
Authorized Signature l' r
lIMRSAL 1RLE INSURNa COMPAN'I
LICENSED ABSTRACTOR
srAtE OF MINNESOTA
It'l..'....h
."- .....-....-.-'.... "",..' .....~...,--., "-.",......~~ .-' .~-
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Robert N. and Gail A. Barsness /
5400 Fairlawn Shores Trl
PriorLake,~ 55372
PIC Lot I, all of Lot 2, Fairlawn Shores
250310010
Kathryn M. Aagard
5388 Fairlawn Shores TrI
Prior Lake, ~ 55372
P/O Lot I, Fairlawn Shores
250310011
Patrick and Susan Chacich
5414 Fairlawn Shores Trl
Prior Lake, Mn 55372
Lot 3, Fairlawn Shores
250310030
Lawrence A. Baird
5420 Fairlawn TrI SE
Prior Lake, ~ 55372
Lot 4, Fairlawn Shores
250310035
Jeffiey and Ann Marie Houge
5426 Fairlawn TrI SE
Prior Lake, ~ 55372
Lot 5, Fairlawn Shores
250310033
Shirley Gengler
5432 Fairlawn Shores Tr S
Prior Lake, MN 55372
Lot 6, Fairlawn Shores
250310034
Robert R. and Susan P. Beck
5438 Fairlawn Shores SW
Prior Lake, MN 55372
Lot 7 & PIC of Lot 8, Fairlawn Shores
250310032
Gary H. Schwartz
5450 Fairlawn Shores SE
PriorLake,~ 55372
P/O of Lot 8, all of Lot 9, Fairlawn Shores
250310031
Karen A. Amato
5458 Fairlawn Shores Trl
Prior Lake, ~ 55372
Lots 10 & 11, Fairlawn Shores
250310040
Adelle E. Phillips
5470 Fairlawn Shores Tr S
Prior Lake, MN 55372
Lots 12 & 13, Fairlawn Shores
250310050
William F. and Paula T. Bultman
5508 150 St SE
Prior Lake, ~ 55372
Lot 15, Block 1, Storm's 1st Addn
252290150
Richard V. and Sandra K. Fleck
5425 150th St SE
Prior Lake, ~ 55372
Lot 3, Block I, Nystrom 1st Addn
252420030
Robert R. and Tonette R. Swiggum
5490 I 50th St SE
PriorLake,~ 55372
Lot 16, Block 1, Storm's 1st Addn
252290160
Alan D. and Marcey L. Iverson
5409 150th St SE
PriorLake,~ 55372
Lot 4, Block 1, Nystrom 1 st Addn
252420040
Don H. and Cheryl E. Breidenbach
5450 150th St W
Prior Lake, ~ 55372
Lot 17, Block I, Storm's 1st Addn
252290170
David R. and Darlene A. Brooks
5393 150th St SE
Prior Lake, ~ 55372
Lot 5, Block I, Nystrom 1st Addn
2-5242005t>
Jeffrey T. and Joan C. Evens
5433 Fairlawn Shores TrI
Prior Lake, ~ 55372
Lot 18, Block I, Storm's 1st Addn
252290180
City of Prior Lake
16200 Eagle Creek A v
Prior Lake, ~ 55372
Outlot A, Nystrom 1 st Addn
252420060
David O. and Carrie Schlottman
5461 Fairlawn Shores TR1
PriorLake,~ 55372
Lot 19, Block I, Storm's 1st Addn
252290190
Thomas J. and Barbara J. Meyers
5378 FairlawnShoresTrI
PriorLake,~ 55372
Lot 1, Block I, Wayne & Harriet 1st Addn
251691101
Donald d. and Connie L. Mader
5485 Fairlawn Shores Tr S
Prior Lake, ~ 55372
Lot 20, Block 1, Storm's 1 st Addn
252290200
Karen J. Rosenberg
5366 Fairlawn Shores Trl
Prior Lake, MN 55372
Lot 2, Block I, Wayne & Harriet 1st Addn
251690020
Daniel K. and Cynthia McGuire
5515 Fairlawn Shores Trl
Prior Lake, MN 55372
Lot 21, Block I, Storm's 1st Addn
252290210
Thomas J. and Barbara J. Meyers
5378 Fairlawn Shores Trl
Prior Lake, ~ 55372
Lot lA & PIC Lot 2A, Block 1, Wayne &
Harriet ! st Addn
251690030
Karen J. Rosenberg
5366 Fairlawn Shores Trl
Prior Lake, MN 55372
PIC Lot 2A, Block I, Wayne & Harriet 15t
Addn
251690040
Timothy A. and Kellie L. Jaspersen
5459 I 50th St SE
Prior Lake, MN 55372
Lot 3, Block 1, John Titus Addn
252620030
Walter J. and Karen L. Fix
5457 I 50th St SE
Prior Lake, MN 55372
Lot I, Block I, Nystrom 15t Addn
252420010
Kathryn M. Aagard
5388 Fairlawn Shores Trl
Prior Lake, MN 55372
P/o Gov Lot 2,25-115-22
259250060
Blake M. Carlson
5441 150th ST SE
Prior Lake, MN 55372
Lot 2, Block 1, Nystrom 15t Addn
252420020
Robert N. and Gail A. Barsness
5400 Fairlawn Shores Trl
Prior Lake, MN 55372
PIC Gov Lot 2,25-115-22
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SURVEY PREPARE D FOR:
MR. LES DENGERUD
15699 FISH POINT ROAD
PRIOR LAKE, MN. 55372
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DESCRIPTION:
Lot 4, fAIRLAWN SHORES, Scott County, Minnesota according to the recorded plat thereof.
Also showing the location of the proposed house as staked this 12th day of August 1980.
I hereby certify that this 1\IrVeY, plan. orrepolt
was prepored by me or under my direct ~
vision and that I am a duly Registered IAncl
Surveyor under the law. of the State of Ma.
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