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Home My WebLink About97-104 RESOLUTION 97-104 Ali.lflKMING THE DECISION OF THE PLANNING COMMISSION TO DENY AN 11 FOOT VARIANCE REQUEST TO PERMIT A 39 FOOT SETBACK FROM THE ORDINARY IDGH WATER (OHW) OF SPRING LAKE (912.8) RATHER THAN THE REQIDRED 50 FEET FOR A PROPOSED EXPANDED DECK AND THREE SEASON PORCH AS DRAWN IN EXmnIT A, CASE NO. 97-050, FOR PIDLLIP AND BYRON IDNES ON PROPERTY LOCATED AT 2719 SPRING LAKE ROAD MOTION BY: WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, Kedrowski SECOND BY: Schenck the Prior Lake Planning Commission conducted a hearing on the 23rd day of June and the 28th day of July, 1997, to act on setback variance requests by Phillip and Bryon Hines for property known as 2719 Spring Lake Road; and the Planning Commission has denied the setback variance request based on lack of hardship as determined upon review of the hardship criteria set forth in City Code; and the applicant has appealed the Planning Commission's decisions to the City Council; and the City Council heard the appeal on November 17, 1997; and the City Council, upon hearing the facts, concurs with the decision made by the Planning Commission to deny the setback variance requests. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE: FINDINGS 1. The Planning Commission held hearings on June 23, 1997 and July 28, 1997 to review a 20 foot variance request to permit a 30 foot setback, and then a modified request of an 11 foot variance to permit a 39 foot setback from the ordinary high water mark of Spring Lake (912.8 el.) rather than the minimum requirement of 50 feet for a proposed expanded deck and three season porch as drawn in Exhibit A, for Phillip and Bryon Hines, on property located in the R-1 (Suburban Residential) District and the SD (Shoreland Overlay) District at the following location, to wit; 16200 Ea~na~otute.pSnii:~\C,';"',Jh.ake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (61~gt47-4245 AN EQUAL OPPORTUNITY EMPLOYER 2719 Spring Lake Road, legally described as: The westerly One Half of Lot 3; and Lot 4; and the Easterly One Half of Lot 5, all in Block 46, and a strip of land between said Lots and lying southerly thereof and the waters edge of Spring Lake, in Spring Lake Townsite, Scott County, Minnesota. 2. The Planning Commission reviewed the variance requests as contained in Case File #97-050, and denied the setback variance requests based on the lack of hardship determined upon review of the hardship criteria set forth in the City Code. 3. The Prior Lake City Council reviewed this appeal on November 17, 1997. 4. The City Council has considered the effect of overturning the decision of the Planning Commission 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 variances on the Comprehensive Plan. 5. The City Council has reviewed the hardship criteria in relation to the setback variance requests for the proposed additions as shown in Exhibit A. 6. The City Council has determined that there are no unique circumstances or conditions regarding the property that are not the fault or cause of the applicants. 7. The City Council has determined that literal enforcement of the ordinance will not result in undue hardship, as the applicant's can build the proposed additions on the property within the legal building envelope and can rebuild the existing deck as it exists. 8. The contents of Planning Case File #97-050 are hereby entered into and made a part of the public record and the record of the decision for this case. CONCLUSION Based upon the Findings set forth above, the City Council hereby denies the setback variance request and concurs with the recommendation of the Planning Commission to deny an 11 foot variance request to permit a 39 foot setback from the ordinary high water level of Spring Lake (912.8) rather than the minimum requirement of 50 feet for a proposed expanded deck and three season porch as drawn in Exhibit A, Case No. 97-050, for Phillip and Byron Hines on property located at 2719 Spring Lake Road. r: \council\resoluti\planres\hines.doc Page 2 Passed and adopted this 17th day of November, 1997. Andren Kedrowski Mader Schenck Robbins {Seal} r: \council\resoluti\planres\hines.doc YES x x x x x Andren Kedrowski Mader Schenck Robbins 1J CityM~_J City of ~e NO Page 3 .:JUI\ Vt:. I rttr:.~At1t:.LJ '-Uk. Valley Surveying Co., P.A. 'SUITE 120-C, 16670 FRANKLIN TRAIL FRANKLIN TRAIL OFFICE CONDOMINIUM PRIOR LAKE, MINNESOTA 55372 TELEPHONE (612) 447-2570 . EXHIBIT A PHIL .HINES 271!:l SPRING LAKE ROAD PRIOR LAKE, MN. 55372 REVISED PLAN ( ,SPRING ,u.ulAkE' . .'''':..... "'... IL. ,,'.40 SPRING El.. 9 "/, 09.8 ., / DESCRIPTION ^S PI<<)VIDED: 96 ""- '" 'l'he wester'ly One /lalf of Lot 3; and I.ot 4; and tho 121:Jter'ly Cne /lalf of Lot 5, 1111 in Block 46, and a str'ip of Inl1(l betW€P.fl said Low and lying. sOllther'ly ther'eof and the water's ed<Je of Spdng lake, in Spdng I.ake Townsite, accor'din(J to the plat ther'eof on file and of r'ecor'd in thp. Office of the RegistC'aC' of Deeds in and for' said Scott County, Minnesota, including any paC't oc per'tion of any str'eet Or' alley abuttlng Raid pr'emises vacated Or' to be vacated, Scott County, Minnesota. Also showing the location of the pr'oposed .I NOTES' Benc~'r'k Elevation 928.38 top of the existing gar'age slab on Lot 4. nO.l " Denotes existing gr'ade e.l.<!vation Denotes pr'~~ed finished gr'llde elevations Denotes pC'o~~ed dir'ection of finished sllC'face dr'ainage The existing gar'age slab is at elevation 920.30 The existing top block is at elevation 928.7 The lowest floor' elevation is at 920.37 " o 30 60 , Net Lot Ar'ea = 12,000 sq. ft. REVISED 7/10/97 TO SHOW PAOPOSED DECK I PORCH 8 GREEN HS E. REVISED 12/4/96 TO SHOW PROPOSED ?~~~bY co,lIIy ,Ita, 'hi. survoy ..os propared by mo or undor my direc' supervision and fha' , om 0 duly Ilconstd land SlWVoyor under 'ho 10".., th. S'o".,"' "nnUOfo." .:/ ~. / t'" /' I...' I: I ../ '/ .. .. .,,' I.", . / ,,,, SCALE IN FEET o Oonol u 1/2 Inch. /4/nch 'ron ~~~~~~!" tt! _~~d.. morhd by CITY OF PRIOR LAKE Impervious.Surface Calculations . (To be Submitted with Building Permit Applicat!on) , For All Properties' LO,cated in ,theShorelandDistrict (SD). .The Maximum Impervious Stirface'.C6ve~age Permitted in 30 PerceI:1t .. .. Property Address 1..1 \ qS f'd~ ~l,,- "].OA" .. Lot Area . \2\ ~o.o ' ., Sq. Feet x 30%. = ............;. '-;~L\.o " *******~***************************.~~************~****~.*************** . LENGTH . WIDTH HOUSE l.-\ <0 .lj. . ~. 1-~ ~ 1;lD.C:; x. '2..'2 ~c; ATTACHED GARAGE -1 " x = SQ. FEET _ ~ "-~-,... it to ::: 91LP = = TOTAL PRlNCIPLE STRUCTURE.:........~........... \ -:Yl,.. 0 DETACHED BLDGS. Bo.;.+. (Garage/Shed) \-\-c\.."'7e. '1D,S ,x \0 .X -z.oC:; TOTAL DETACHED BUILDINGS....................... 'to 5 DRIYEWA y,PA VED AREAS. (Drive\vay.paveci or not) '., , . <<SIcie-~arking Areas) ',....-' "-:y '(..0 . s f- 27... - c; ,~ . ~ '-:\<1'. ,.1..(0 ..X B.S . 4 . X ,.''l. c./ = u.. L. \ lo~'1 L. "L I \ () '-\ = = . TOTAL P A YED AREAS.................~......................... \ '-\ L?' . ECKS llo ..x lS. ~1 = 1/~:JO ., (Open Decks W' min. opening between X = boards. with a peryious surface below; .are not ~onsi~ered to be imp'ervious) -.X = " .TOT AL DECKS;.......!.;..;.......................~................... ,'1.-.. ~o .1 OTHER X = X = , , . , . TOTAL' OTHER....;......t..,..~..,.......'.."f..................... TOTAL' IMPERVIOUS SURFACE @:::R ~.~~ ~~J . , Company ~ p. \ \'" \ ::\",i"", 1 \:J r.o. 9.' A: Phone # L\ '-\1 - -z. ';1 0 L . Date 7 - \ 0 - q f .. L.~. 36 L/5' -.L!LI .- -~ s~ 1l~ ;>m :1> C: " ; - j :i Ii " Ii Ii H il- l! ~ II II ..__u I: i . -.------.-\ I I' -. I ~\) L 'j C .... 11 '-) ~v- ! It 'I ~ II) I i. 1i ~ ~I ;: !!.. .. ' : n __.__.__.....H II !I il I I l:l I ~t') r- ~. 7'lfl -;j.. IJ I .....(; to" -(Q 1:> r' (\ ~ n I, II " JI ;r- _ao " !I ;1 I I 1 I I I I i ! ! ! .J I : I I .1 f}c>f'OS~ I-::J~(..k.. 1( : ! . (' , 1 , I 24' I J I ~;o I ! i ...., (' ~ i i J"& -.,... I ~< '" ><2 lJ ct. c;lGl m i ' . I :11 i T I ili i i I j 2<' ----_.:....::--" II ! i I r I I I I II lj 4' 1 ~ ... .~ i I ~ I 0 ,--L....., ~ OJ ~ " ~ i I ~ ! T i "I " OJ