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Home My WebLink About5J - Variance Reversal MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT NOVEMBER 18, 2002 4J CYNTHIA KIRCHOFF, AICP, PLANNER JANE KANSIER, PLANNING COORDINATOR CONSIDER A RESOLUTION REVERSING THE DECISION OF THE PLANNING COMMISSION AND APPROVING A VARIANCE TO ALLOW A 27 FOOT WIDE DRIVEWAY (Case file #02-117PC) History: The City Council held a public hearing on November 4, 2002, to consider an appeal of the Planning Commission's decision to deny a 3 foot variance to allow a 27 foot wide driveway on property zoned R-1 (Low Density Residential) and SD (Shoreland Overlay) and located at 16994 Monroe Avenue SW. Richard Gau is requesting permission to construct a driveway 27 feet in width. The zoning ordinance prohibits residential driveways that exceed 24 feet in width. Upon review of the applicant's appeal with respect to the variance hardship criteria, the City Council reversed the decision of the Planning Commission, and approved the variance as requested. The City Council determined that the applicant demonstrated an undue hardship due to the length of the existing driveway and the prohibition of on street parking on Monroe Avenue. The City Council approved a 3 foot variance from the 24 foot maximum driveway width to allow a 27 foot wide driveway, subject to the following conditions: 1. The driveway shall be constructed as shown as depicted on the survey - Attachment 1. 2. The permit is subject to all other city ordinances, and applicable state and county regulations. 3. The variance resolution must be recorded and proof of recording submitted to the Planning Department within 60 days of the adoption date. An Assent Form must be signed by the property owners, and pursuant to Ordinance Section 1108.400, the variance 162&O~~se~JlZaA~~~~],\cpffo?rl,k~?Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER T T ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: will be null and void if the required permits are not issued for the proposed driveway within one year after adoption of this resolution. Cnnrlur.:inn. The attached resolution is consistent with the City Council's direction for approval of the variance request to permit the 27 foot wide driveway. The City Council has two alternatives: 1. Adopt attached 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: A motion and second as part of the Consent Agenda to approve Resolution 02-XX verturning the decision of the Planning Co miss. on d proving the requested variance. L:\02FILES\02appeal\Gau appeal\CC Report 2.doc 2 RESOLUTION 02-XX RESOLUTION OF THE PRIOR LAKE CITY COUNCIL REVERSING THE DECISION OF THE PLANNING COMMISSION TO APPROVE A 3 FOOT VARIANCE FROM THE PROVISIONS OF SECTION 1107.205(6) PERMITTING A MAXIMUM DRIVEWAY WIDTH OF 24 FEET TO ALLOW A 27 FOOT WIDE DRIVEWAY ON PROPERTY LOCATED IN THE R-l (LOW DENSITY RESIDENTIAL) DISTRICT AND THE SD (SHORELINE OVERLAY) DISTRICT IDENTIFIED AS 16994 MONROE AVENUE SW MOTION BY: SECOND BY: WHEREAS, On November 4, 2002, the Prior Lake City Council held a public hearing to consider an appeal by Richard Gau of the Planning Commission's denial of a request for a 3 foot variance to permit a 27 foot wide driveway on the property legally described as follows: Lot 12, Block 32, Spring Lake Townsite, Scott County, Minnesota; and WHEREAS, The City Council finds that the requested variance meets the criteria for granting variances set forth in Section 1108.400 of the City Code, and that the appellant has set forth adequate reasons for reversing the decision of the Planning Commission; and WHEREAS, The City Council has determined that the Planning Commission's decision denying the requested variance should be reversed. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE: 1) The above recitals are incorporated as if fully set forth herein. 2) The City Council makes the following findings: a. On November 4, 2002, the Prior Lake City Council held a public hearing to consider an appeal by Richard Gau of the Planning Commission's denial of a request for a 3 foot variance to permit a 27 foot wide driveway on the property legally described as follows: Lot 12, Block 32, Spring Lake Townsite, Scott County, Minnesota; and a. The Planning Commission reviewed the application for variances as contained in Case File #02-088, and held a public hearing thereon September 9,2002, and reviewed the request again on September 23,2002. -- b. The Planning Commission concluded the driveway variance request did not meet the hardship criteria and denied the variance. 1:\02fi1es\02appeal\gau appeal\cc approval resolution.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Ii c. Richard Gau appealed the decision of the Planning Commission in accordance with Section 1109.400 of the City Code on October 15,2002. d. The City Council reviewed the appeal of the Planning Commission's decision, and the information contained in Case File #02-088 and Case File #02-117, and held a hearing thereon on November 4,2002. e. The City Council has considered the effect of the requested 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 variances on the Comprehensive Plan. f. The City Council has determined the request meets the hardship criteria. There are unique characteristics of the property to warrant a variance, and the hardship was not created by the property owner. Parking is prohibited on Monroe Avenue due to the public access to Prior Lake. g. The denial of the requested variance constitutes a hardship with respect to literal enforcement of the ordinance, as the reduced front yard setback from' Monroe Avenue and lack of on street parking on Monroe Avenue places a constraint on the parking of vehicles. 3) The contents of Planning Case File #02-088 and Planning Case File #02-117 are hereby entered into and made a part of the public record and the record of the decision for this case. 4) Based upon the Findings set forth above, the City Council hereby reverses the decision of the Planning Commission, and approves a 3-foot variance from the 24 foot maximum width of residential driveways to permit a 27 foot wide driveway. 5) The following conditions shall be adhered to prior to the issuance of a driveway permit: a) The driveway must be constructed as depicted on Attachment 1 - Certificate of Survey. b) The permit is subject to all other city ordinances, and applicable state and county agency regulations. c) The variance resolution must be recorded and proof of recording submitted to the Planning Department within 60 days. An Assent Form must be signed, and pursuant to Ordinance Section 1108.400, the variance will be null and void if the necessary permits are not obtained for the proposed addition within one year after adoption of this resolution. Passed and adopted this 18th day of November, 2002. YES NO Haugen Haugen Petersen Petersen LeMair LeMair Zieska Zieska {Seal} City Manager 1:\02files\02appeal\gau appeal\cc approval resolution.doc Page 2 ATTACHMENT 1 BLDG. PERMIT SURVEY PREPARED FOR: RICK a JUN E GAU 16994 MONROE AVE. SW PRIOR LAKE. MN. 55372 Valley Surveying Co., P. A. SUITE 120~C. /6670 FRANKL./N TRAIL FRANKL.IN TRAIL. OFFICE CONDOMINIUM PRIOR LAKE I MINNESOTA 55372 TELEPHONE (612) 441- 2570 -- I ~ .- ~ 50 pial . 936.8 50.04 mea.. - - - - ~ 931.0 / t-, T 9 I I I \ I I I , W '" 1 .. I '!' I (ll "j OECK N ~ Cc 936.3 : It) 6.0 2" 19.9 = ~ . -..-;,' ... . (n ,:...... , ~~ - 0 HOUSE It) O.ck ,. SIO'; i . z . 0,. 0 ii11 11.7 :.~: .~ ")r. 0 ". 16.1 -. III .193 - 0 ~ ~ .6 . :1::- . tI - : G1'O~.\ & .% T/U GARAGE =J N Slaa EL. !.J. EOf'....,.o1 HOUSE 't 933.31 - - !.8 2" 141,1 " ~331 Q, ,.. 936.6 " !- ~ . ,. . - .. 6 ~ e -- IS!rl: 93 .3 "'! .; " N .. 't E - CO N .. N ~ 't 1 - e \ I :a iii \ I \ I , I '1 934.0 I . . z...._ 50.01 _7 J mea. 50 plat / / -- "'930. I eEL 33.01 933.17 . ALLEY la.J :::> :z: I.U > <x: s~oO? cQllt"~ t4G OI'OstO QOfO'lt1 "G"",.Gt ~ la.J o 0:: :z o ~ L 60 ~ SPRI NG-- " LAKE"---- ROAD 929.46 . 930.5' . DESCRJPTION: Lot 12, Block. 32, SPRING LAKE VILLAGE, Scott County, Minnesota. Also showing the location of all visible improvemenlS and encroachments on to or olT from said properlY as of this 9th day of August, 2002. - --..,-'-. ;-:--;-::1 ,\{".:,l-,J ',I '," . I IN 40 :J FEET --+- i ..... ~ 15::. \] .' _ .-Ji:/' ,WUI.--'-- ~- I hertby ce-rhfy ft\Qf tN' survey was pr,pored Denotes proposed direction of finished surface drainage by m, a' unGIf my di,.., "",ervlI,an ~nd 'ha' (om a duly "Cf~Jld Lo,..d Sun-eyor uttder th. Ian Iho Sla:;-.1 Mt""..a'a IC~/l ,:: Dot. ~ - J Z. - " -G- Lic.n,t' No, IOJ8.3 The existing garage slab is at elevation 933.31 NOTES: Benchmark Elevation 933.31 Top of the existing garage slab. 933.\ Denotes existing grade elevation x (933.0) Denotes proposed finished grade elevation o r SCAl.E zo o 1)f!onot" 1/2 inch. '4 ;nct1 i,.on '''0''''''''"' ..t and marM.d by LIC'"" No. 10183 of I iron monum. t The lowest floor elevation is 933.31 .