The URL can be used to link to this page

Home My WebLink About8B - Hillcrest Homes Variance MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT SEPTEMBER 3, 2002 8B JANE KANSIER, PLANNING COORDINATOR CONSIDER APPROVAL OF A RESOLUTION REVERSING THE DECISION OF THE PLANNING COMMISSION AND APPROVING A VARIANCE TO ALLOW THE IMPORT OF MATERIALS, GRADING AND FILLING WITHIN A BLUFF IMPACT ZONE FOR HILLCREST HOMES INC. (Case File #02-076PC) Historv: Hillcrest Homes Inc was issued a building permit to construct home at 14764 Rosewood Road. Hillcrest's building permit application failed to identify that a portion of the property would be graded to construct a beach area and retaining wall near the lake. These activities required a grading permit. Because the activity involved work in the bluff impact zone, a variance was required to allow the issuance of a permit for the import of materials, grading and filling. Hillcrest Homes applied for a variance. The Planning Commission denied the variance finding that the application did not meet the hardship criteria for a variance. Hillcrest Homes Inc. appealed the denial of the variance to the City Council. On August 19, 2002 the City Council held a public hearing on the appeal of the Planning Commission's denial of the variance. After-the-Fact Variances: There was considerable discussion, not only during the public hearing, but also as part of the Council's deliberations on, the appeal, about "after-the-fact" variances. There have been numerous occasions where structures are constructed or work done without necessary permits or variances. The Council is concerned that if after-the-fact variances are approved, that would not otherwise meet the hardship criteria for approving a variance, property owners, builders and developers will have no respect for the City's ordinances. The situation presented by the Hillcrest Homes variance is an illustrative case in point. During its deliberations the City Council generally believed that had the developer applied for the variance before any work had started, been denied the variance and appealed that denial to the City Council, the City Council would have upheld the denial. The builder's representative and members of the Council suggested and recommended that there should be some punitive penalty for situations of this type. Having said that, the City Council believed that it was confronted with a situation that involved the environmental integrity of the bluff impact zone. Penaltv: Mr. Deanovic has had conversations with representatives of the City. Mr. Deanovic stated that he understood that after-the-fact variances compromise the integrity of the zoning ordinance and further stated that he was aware that a violation of the City's 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: Zoning Ordinance could be prosecuted as a misdemeanor. The maximum monetary fine for a misdemeanor is $1,000. Mr. Deanovic will be at the September 3rd Council meeting. However, Mr. Oeanovic has voluntary offered tom pay $2500.00 to the City as a penalty for failing to get the necessary grading permit. The retaining walls, which the developer represents do not exceed 4 feet, have been constructed. The foot of the bluff has already been disturbed. There is some evidence in the record from the DNR and the builder's geotechnical engineer that removal of the retaining wall and regrading of the bluff would compromise the bluff's pre-disturbance integrity. The City Council expressed concern about slope stability and the impact of removal of the retaining walls and regrading. Conclusion: The City Council voted to approve the variance and directed the City Staff to prepare a resolution, with findings of fact, to overturn the Planning Commission's decision. A resolution, that comports with the Council's direction, is attached. The City Council has two alternatives: 1. Adopt the attached resolution - to approve the variance as requested by the applicant. 2. Table or continue consideration of this item for specific reasons. The staff recommends alternative # 1. The following motion is required: o approve Resolution 02-XX overturning the decision of the Planning oving the variance subject to the conditions set forth in the Resolution. RESOLUTION 02-XX RESOLUTION OF THE PRIOR LAKE CITY COUNCIL REVERSING A DECISION OF THE PLANNING COMMISSION TO DENY A VARIANCE TO THE PROVISIONS OF SECTION 1104.402 TO ALLOW THE IMPORT OF MATERIALS, GRADING AND FILLING WITHIN THE BLUFF IMPACT ZONE ON PROPERTY LOCATED IN THE R-1 (LOW DENSITY RESIDENTIAL) DISTRICT AND THE SO (SHORELAND OVERLAY) DISTRICT IDENTIFIED AS 14764 ROSEWOOD DRIVE MOTION BY: 'VPY~ J SECOND BY: .{}e~~ WHEREAS, Hillcrest Homes, LLC. Applied for a variance from Section of1104.402 of the Prior Lake City Code in order to permit the import of materials, grading and filling within the bluff impact zone on property located with the R-1 (Low Density Residential) and SO (Shoreland) Districts at 14764 Rosewood Road NE, Prior Lake, Minnesota, and legally described as follows: Lot 7, Block 2, Knob Hill, Scott County, Minnesota; and WHEREAS, On July 8, 2002 The Planning Commission reviewed the variance application as contained in Case File #02-076 and held a public hearing on said variance application; and WHEREAS, The Planning Commission after considering comments from the public hearing, the staff report and the information in Case File #02-076 concluded that the criteria for issuing a variance were not satisfied; and WHEREAS, Hillcrest homes, LLC, on July 12, 2002, appealed the decision of the Planning Commission to the City Council in accordance with Prior Lake City Code Section 1109.400; and WHEREAS, On August 19, 2002 the City Council conducted a duly noticed public hearing on Hillcrest Home's appeal of the Planning Commission's decision to deny the applied for variance; and WHEREAS, The City Council reviewed the information contained in Case File #02-076 and Case File #02-089. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA THAT: 1. The recitals set forth above are incorporated herein as if fully set forth. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 2. The City Council finds that there is evidence in the record from the DNR and from the developers geotechnical engineer that suggest to remove the retaining walls already in place and to regrade that portion of the bluff that has already been disturbed could pose the risk of degredating the stability of the bluff. 3. The City Council finds for reasons solely related to the integrity of the bluff and to avoid further disturbance thereto that the decision of the Planning Commission to deny the above referenced variance is overturned. 4. Hillcrest Homes, LLC is granted a variance from Section 1104.402 of the Prior Lake City Code to permit the completed import of materials, grading and filing with a bluff impact zone on property located at 14764 Rosewood Road, NE, Prior Lake, Minnesota, subject to the strictest adherence to the conditions set forth herein. 5. The following conditions shall be adhered to prior to the issuance of a Certificate of Occupancy for the single family dwelling at 14764 Rosewood Road: a. No further import of materials, grading or filling with the bluff impact zone is to occur. b. The developer is to apply to the City for a grading permit. c. The developer shall purchase from the City a copy of the Prior Lake Zoning Ordinance and Prior Lake Public Works Design Manual and shall refer to these documents in connection with any future development within the City. 6. The City Council accepts the voluntary contribution of Mr. Chris Deanovic in the amount of $2500. Mr. Deanvic has offered this payment in recognition of the fact that by failing to obtain the necessary grading permit that work on the property violated City Zoning Code provisions and subjected Mr. Deanovic to enforcement action. 6. The contents of Planning Case File #02-076 and Planning Case File #02-089 are hereby entered into the record and made part of the public record and the record of decision of this case. Passed and adopted this 3rd day of September, 2002. YES NO Hauaen Hauaen Petersen Petersen LeMair LeMair Gundlach Gundlach Zieska Zieska {Seal} City Manager