HomeMy WebLinkAboutRE-PLAT 9/25/2003 VAn ' -
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CITY OF PRIOR LAKE
APPLICATION FOR VARIANCE
Applicant: JAMES W. CHRTSTENSEN Home Phone: 447 -5687
Address: 3270 154 th ST. N.W. Work Phone:
Property Owner: JAMES W. CHRT,STENSEN Home Phone:
Address: 3270 154 th ST. N.W. Work Phone:
Type of Ownership: Fee Contract Purchase Agreement
Consultant/Contractor: ERIC JOHNSON Phone: 448 - 5577
Existing Use
of Property: RESIDENTIAL Present Zoning: RESIDENTIAL
Legal Description THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST
of Variance Site: QUARTER OF SECTION THIRTY -FOUR (34).TOWNSHIP ONE HUNDRED
Variance Requested:FIFTEEN (115) RANGE TWENTY TWO (22) EXCEPT THE EAST 327 FT.
TO BY PASS THE 330 FEET REQUIRED BETWEEN NEW CONSTRUCTION AND EXISTING
BUILDINGS TO 150 F=, SO THAT NEW CONSTRUCTION CAN GO WHERE FORMER HOUSE WAS.
Has the applicant previously sought to plat, rezone, obtain a variance or conditional
use permit on the subject site or any part of it? Yes )(No
What was requested:
When:X Disposition: X
Describe the type of improvements proposed: CONSTRUCT NEW HOME TO REPLACE
HOME THAT BURNED
SUBMISSION REQUIREMENTS:
(A)Completed application form. (B)Filing fee. (C)Property Survey indicating the
proposed development in relation to property lines and/or ordinary - high - water mark;
proposed building elevations and drainage plan. (D)Certified from abstract firm,
names and addresses of property owners within 100 feet of the exterior boundaries of
the subject property. (E)Complete legal description & Property Identification Number
(PID). (F)Deed restrictions or private covenants, if applicable. (G)A parcel map
at 1 "- 20' -50' showing: The site development plan, buildings: parking, loading,
access, surface drainage, landscaping and utility service.
ONLY COMPLETE APPLICATIONS SHALL BE ACCEPTED AND REVIEWED BY THE PLANNING °OMISSION.
To the best of my knowledge the information presented on this form is correct. In
addition, I have read Section 7.6 of the Prior Lake Zoning Ordinance which specifies
requirements for variance procedures. I agree to provide information and follow the
procedures as outlined in the Ordinance.
✓ /.ytfGPO �/ /G
licants Signature
Submitted this _day of 19
Fee Owners Signature
THIS SPACE IS TO BE FILLED OUT BY THE PLANNING , DIRECTOR
PLANNING COMMISSION 1.-- DENIED 161-13 -( 14 DATE OF HEARING
CITY COUDEIL APPEAL APPROVED DENIED DATE OF HEARING
CONDITIONS:
\ L LAdtAll /L, -
Signature o the Planning Director Date
"VARFM
VARIANCE IA CHECK LIST //��
FILE #: v� ITT >� PM: (6 -g t O1S -O
APPLICANT: JQsn!o Q C L r(5M L 1.
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SUBJECT SITE: 3Z [54 . U /v
LEGAL DESCRIPTION:
STAFF ACTIVITIES: DATE COMPLETED:
1. SCHEDULE HEARING: 10 qt-k
DATE: TIME: A. tin
2. PREPARE AREA MAP:
3. PREPARE NOTICE: 10'3'
Applicant In 3
Property Owners th U�
Verlyn - Engineering IU'
DNR (if Shoreland)
Others:
Scott County MNDOT
Watershed District Other
PLANNING COMMISSION AGENDA PACKETS:
Staff Report ✓ Public Notice
-� Application Form Correspondence
I�Applicable Maps —� Other Information
STAFF ACTIVITIES: (After Planning Commission/City Council Action)
1. MAIL COPY OF APPLICATION, APPROVAL LETTER ( "VARAPL "), AND
REQUIRED CONDITIONS TO:
DATE CO ll' T.ETED:
Applicant /n-
Building Inspector D LU111t
DNR (if Shoreland) AII�
2. AMEND VARIANCE SUMMARY SHEET V
3. ADD PERMIT TO PROPERTY MANAGEMENT
4. CREATE FILE LABEL V
FILE SHOULD CONTAIN:
l Application Form ' Correspondence
✓ Staff Report ✓ Planning Commission Minutes
Applicable Maps _ City Council Minutes
Public Notice Other Information
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November 1, 1994
Mr. James Christensen
3270 154th ST NW
Prior Lake, MN 55372
Dear Mr. Christensen,
The following variances from Zoning Ordinance 83 -6 were approved by the Prior Lake Planning
Commission on October 13, 1994.
1. A 200 foot North setback variance to the existing barn to the North of the proposed
building site.
2. A 105 foot East side setback variance to the exiting pole barn to the east of the subject
site.
This variance will expire on October 13, 1995. If you have any questions, please feel free to
contact me at 447 -4230.
Sincerely,
kl, ' � - ` - x d Z R
' /_
Deb Garross
Assistant City Planner
enc.
cc. File
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 -1714 / Ph. (612) 447 -4230 / Fax (612) 447 -4245
AN EQUAL OPPORTUNITY EMPLOYER
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- PROPERTY DESCRIPTION-
- SURVEYORS CERTIFICATION -
T he Nest H al f of the Southeast Quarter y y y, plan or g
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o the N or t hwest Quarter o f S ec ti on 34 1 po reb s pre that this serve 1 � ES®m�llt ®�l By
report was prepared by me or under my °
T ow ns h ip 11 Ran 22, Scott County, direct supervision and that 1 am a duly
Minnesota, EXCEPT the East 321.00 feet Registered Land Surveyor under the laws of SIGMA
ther Subject to Highway /Utility
South 7 the tote of Minnesota. SURVEVIN
E as e ment aver, under and across the
/ / SERVICES INC.
IV feet thereof.
D ate: SL �4 t4� "'" ""0"1'`.41"'
( Area= 9.7 acres gross area) P.m ie,a.m An
Wayne D. Cordes, Minn. Reg. No. 14675
MOTION BY LOFTUS, SECOND BY ROSETH TO APPROVE THE FOLLOWING VARIANCES FOR
THE PROPERTY LOCATED AT 15371 BREEZY POINT ROAD: A 435' NORTH SIDE YARD
VARIANCE FROM THE 10' SIDE YARD SETBACK; 44' LAKESHORE VARIANCE FROM THE 75'
LAKESHORE SETBACK; 5' FRONT YARD VARIANCE FROM THE 25' FRONT YARD SETBACK;
3% IMPERVIOUS SURFACE VARIANCE FROM THE 30% IMPERVIOUS SURFACE MAXIMUM
AND A 2,706 SQUARE FOOT LOT AREA VARIANCE FROM THE 7,500 MINIMUM LOT AREA
REQUIREMENT RATIONALE BEING THAT THE PROPOSAL IS CONSISTENT WITH THE
NEIGHBORHOOD. IT IS A SUBSTANDARD LOT OF RECORD AND WILL NOT BE
DETRIMENTAL TO THE HEALTH AND WELFARE OF THE COMMUNITY:
Vote taken signified ayes by Roseth, Kuykendall, Loftus, Arnold and Vonhof. MOTION CARRIED.
Recess was called at 7:50 p.m. The meeting reconvened at 8:00 p.m.
ITEM II - VARIANCE/ CONSIDER REQUEST FOR JAMES CHRISTENSEN
The Planning Department received an application for variance from James W. Christensen of 3270 154th
Street N.W. The applicant proposes to construct a new single family home. The previous home was built
in 1880 according to the Office of the Scott County Assessor, and destroyed by fire within the past year
The applicant proposes to construct the new home on the previously occupied building pad. hi older to
construct the home in the location proposed the applicant requests the following variances from the Zoning
Orc inance 330' farm building separation requirement from new construction homes:
1. 200' north setback variance to the existing bam to the north of the proposed building site.
2. 105' east side setback variance to the existing pole bam to the east of the proposed building site.
Mt Christensen explained the fire that destroyed his home and stated that he would like to rebuild on the
existing home site.
Assistant Planner Deb Garross presented the information as per the Planning report of October 13, 1994.
This property has been a farm site for years. There are no livestock on the site. Staff recommends approval
of the variances as requested.
Comments from Commissioners included: concern for neighbor's pole bam being located too close to
applicant's home; reasoning for 330' setback; no previous health problems related to the pre-existing home
being located closer than 330' to the barn; many farm sites are like this in the area.
MOTION BY LOFTUS, SECOND BY ARNOLD TO GRANT A 200' NORTH SETBACK VARIANCE
TO THE EXISTING BARN TO THE NORTH OF THE PROPOSED BUILDING SITE AND A 105'
EAST SIDE SETBACK VARIANCE TO THE EXISTING POLE BARN TO THE EAST OF THE
SUBJECT SITE RATIONALE BEING HARDSHIP CRITERIA IN ZONING ORDINANCE HAVE
BEEN MET. THE VARIANCE WOULD NOT BE CONTRARY TO THE HEALTH, WFI FARE OR
SAFETY OF THE COMMUNITY.
Vote taken signified ayes by Roseth, Loftus, Amold and Vonhof Nay by Kuykendall. MOTION CARRIED.
MOTION BY KUYKENDALL, SECOND BY ROSETH TO RECOMMEND TO THE CITY COUNCIL
THAT STAFF RESEARCH THE BASES FOR THE ZONING ORDINANCE SETBACK AND
SEPARATION STANDARDS FOR BARNS AND OUTBUILDINGS IN RELATIONSHIP TO THEIR
DWFJ I iNGS.
Vote taken ayes by Kuykendall, Loftus, Arnold, Roseth and Vonhof MOTION CARRIED.
PLANNING COMMISSION
October 13, 190f-
Page 2
PRIO
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•VA35PC'
PLANNING REPORT
AGENDA ITEM: 2
SUBJECT: CONSIDER VARIANCE FOR JAMES CHRISTENSEN
SITE: 3270 154TH STREET N.W.
PRESENTER: DEB GARROSS, ASSISTANT CITY PLANNER
PUBLIC HEARING _YES X NO
DATE: OCTOBER 13, 1994
INTRODUCTION:
The Planning Department received an application for variance from James W. Christensen of
3270 154th Street N.W. The applicant proposes to construct a new single family home as per
attached survey. The previous home was built in 1880 according to the Office of the Scott
County Assessor, and destroyed by fire within the past year. The applicant proposes to construct
the new home on the previously occupied building pad. In order to construct the home in the
location proposed the applicant requests the following variances from the Zoning Ordinance 330'
farm building separation requirement from new construction homes:
1. 200' north setback variance to the existing barn to the north of the proposed building site.
2. 105' east side setback variance to the existing pole barn to the east of the proposed
building site.
DISCUSSION:
The subject site is a 9.7 acre parcel located in the Rural Service Area and zoned A -1,
Agricultural. The property is bounded on the north by The Wilds PUD, the east by a 10 acre
hobby farm, the west and south by farms. The site contains an existing barn and other out
buildings. No farm animals are currently kept on site. The existing buildings are used for the
storage of school busses. The southern 1/2 of the site contains mature maple trees as well as
stands of apple, ash, horsechestnut and other mature trees.
The applicant requests to rebuild a single family home in the location previously occupied with a
home built in 1880. The site was excavated as part of the clean up and demolition of the fire
damaged home and is therefore suitable for reconstruction. Due to the existence of the farm
buildings on the northern 1/3 of the site, existing mature tree stands to the south and east, and site
preparation, the proposed location for the new home is logical. If current setback requirements
were applied to the site, the building envelope would be located approximately 40' from the
right -of -way of County Road 82, require removal of mature trees and result in inefficient site
design.
ALTERNATIVES:
1. Approve the 200' north and 105' east side separation variance to allow the construction
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 -1714 / Ph. (612) 4474230 / Fax (612) 447 -4245
AN EQUAL OPPORTUNITY EMPLOYER
of the new single family home as proposed on the attached survey.
2. Continue or table the request for specific purposes.
3. Deny or reduce the variance requested based upon specific hardship findings of fact.
RECOMMENDATION:
Alternative #1. The site was formally developed with a home in the vicinity of the proposed
construction wherein the separation from adjacent farm buildings did not pose health, safety nor
welfare problems for the occupants. The property existed as a farmstead since 1880 and would
have continued but for the fire. The applicant requests to rebuild in the home in the same location
as the previous structure.
Variance Hardship Standards:
1. Literal enforcement of the Ordinance would result in undue hardship with respect
to the property.
The 330' separation requirement would result in relocating the home to the southern part
of the property resulting in an inefficient use of the site. The barn, outbuildings and
driveways associated with the farmstead as well as the septic system and landscaping
which surround the building envelope are all pre - existing. Relocation of the home to the
160' to the south would result in undue hardship with respect to the property.
2. Such unnecessary hardship results because of circumstances unique to the property.
The home and existing buildings have occupied the site and have been used as a
farmstead for over 100 years. The relationship between use of the home and
farm/outbuildings has evolved over time and relocation of the home to the south of the
property would result in an inefficient, illogical placement and result in a hardship unique
to the property.
3. The hardship is caused by provisions of the Ordinance and is not the result of
actions of persons presently having an interest in the property.
The hardship is caused by the application of current Zoning Standards to a property
which was developed in the 1800's. A single family home would still exist in the
proposed building envelope but for the fire which destroyed it.
4. The variance observes the spirit and intent of this Ordinance, produces substantial
justice and is not contrary to the public interest.
Relocation of the home to meet the 330' separation requirement would result in locating
the home approximately 40' from County Road 82 right -of -way which would not be in
the public interest. The proposed home location meets all other setback and Zoning
Ordinance requirements and therefore observes the spirit and intent of the Ordinance.
The grant of the separation variances would not be contrary to the health, safety and
welfare of the general public.
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— PROPERTY DESCRIPTION-
11 —SURVEYORS CERTIFICATION —
The West Half of the Southeast Quarter 1 hereby certify that this survey, o
report was prepared by me or under my
° of the Northwest Quarter of Section 34, ey, plan or p� ®��� ®� �� °
Township 115, Range 22, Scott County,
Minnesota, EXCEPT the East 327.00 feet direct supervision and that I am a duly
thereof. Subject to Highway /Utility Registered Land Surveyor under the laws of SIG
Easement aver, under and across the the tote of Minnesota, suaverlNo
/ r 9ERVICE9 INC.
South lo' feet thereof. �],, , d 9 199' a,1 s.,..a ,., ,, �•
( Area 9.7 acres + gross area) ` Date: % , ,,µ,,,
Wayne D. Cordes, Minn. Reg. No. 14675 ' 4-ir
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- VA35PM
NOTICE OF HEARING FOR VARIANCE
You are hereby notified that the Prior Lake Planning Commission will hold a hearing in the City
Council Chambers located at City Hall, 4629 Dakota Street S.E. on: Thursday, October 13,
1994 at 8:00 p.m.
APPLICANT: James Christensen
3270 154th Street N.W.
Prior Lake, MN 55372
SUBJECT SITE: 3270 154th Street N.W.
See attached survey for property legal description.
REQUEST: The applicant proposes to construct a new single family home on
the property as per attached survey. The previous home was
destroyed by fire. The applicant proposes to build the new home
in the general area occupied by the original house.
The Prior Lake Zoning Ordinance specifies that dwellings must be
separated from adjacent farm buildings by at least 330' feet. The
proposed home location is 130' from the barn to the north and 225'
from a pole barn located on the adjacent property to the east of the
subject site. Therefore, the applicant requests that the Planning
Commission grant a 200' north and 105' east side setback variance
in order to construct the new home in the location proposed on the
attached survey.
If you are interested in this issue, you should attend the hearing. The Planning Commission will
accept oral and /or written comments. Questions related to this hearing should be directed to the
Prior Lake Planning Department by calling 447 -4230 between the hours of 8:00 a.m. and 4:30
p.m. Monday through Friday.
Prior Lake Planning Commission
Date Mailed: October 3, 1994
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 -1714 / Ph. (612) 447 -4230 / Fax (612) 447 - 4245
AN EQUAL OPPORTUNITY EMPLOYER
" 13`)17!
• NEW ABSTRACTS REGISTERED PROPERTY ABSTRACTS
CONTINUATIONS TITLE INSURANCE
CLOSING SERVICE RECORDING SERVICE
SCOTT COUNTY ABSTRACT AND TITLE, INC.
223 HOLMES STREET, P. BOX 300 SHAKOPEE, MINNESOTA 55379
David Moonen and Dale Kutter
Kerry Meagher, General Counsel
TELEPHONE 16121445.6246
FAX (612) 4450229
September 22, 1994
r
James Christensen ik rigo
Jan Christensen it
3270 154th Street NW (.4'‘
Prior Lake Mn 55372 •
To Whom It May Concern:
According to the 1994 tax records in the Scott County Treasurer's Office, the following
persons are listed as the owners of property which lies within 100 feet of the following
described property:
The West Half of the Southeast Quarter of the Northwest Quarter of Section Thirty -four
(34), Township One Hundred Fifteen (115), Range Twenty -two (22).
EXCEPT the East 327.00 feet thereof.
BRUCE B ARMSTRONG
6 TIRRELL PLACE
DURHAM NH 03824
RICHARD P & BARBARA RLIMMEK
3020 154TH ST NW
PRIOR LAKE MN 55372
THOMAS J & JEANETTE M WALSH
3360 154TH ST NW
PRIOR LAKE MN 55372
KIMBERLY A NIOSI
15609 CALMUT AV
PRIOR LAKE MN 55372
BARBARA JO & SEAN O'HALLORAN 7
3200 154TH ST
PRIOR LAKE MN 55372 ' �-
DAVID E. MOONEN
P' 1 T
-
SCOTT COUNTY ABSTRACT
MD INC.
State of hennesata
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MEMBER MINNESOTA LAND TITLE ASSOC A •
AGENT FOR CHICAGO TITLE INSURANCE COMPANY
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NA35PN'
NOTICE OF HEARING FOR VARIANCE
You are hereby notified that the Prior Lake Planning Commission will hold a hearing in the City
Council Chambers located at City Hall, 4629 Dakota Street S.E. on: Thursday, October 13,
1994 at 8:00 p.m.
APPLICANT: James Christensen
3270 154th Street N.W.
Prior Lake, MN 55372
SUBJECT SITE: 3270 154th Street N.W. •
See attached survey for property legal description.
REQUEST: The applicant proposes to construct a new single family home on
the property as per attached survey. The previous home was
destroyed by fire. The applicant proposes to build the new home
in the general area occupied by the original house.
The Prior Lake Zoning Ordinance specifies that dwellings must be
separated from adjacent farm buildings by at least 330' feet. The
proposed home location is 130' from the barn to the north and 225'
from a pole barn located on the adjacent property to the east of the
subject site. Therefore, the applicant requests that the Planning
Commission grant a 200' north and 105' east side setback variance
in order to construct the new home in the location proposed on the
attached survey.
If you are interested in this issue, you should attend the hearing. The Planning Commission will
accept oral and /or written comments. Questions related to this hearing should be directed to the
Prior Lake Planning Department by calling 447 -4230 between the hours of 8:00 a.m. and 4:30
p.m. Monday through Friday.
Prior Lake Planning Commission
Date Mailed: October 3, 1994
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 - 1714 / Ph. (612) 447 -4230 / Fax (612) 447 -4245
AN EQUAL OPPORTUNITY EMPLOYER