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HomeMy WebLinkAbout88-03-C.U.P.C cuBBa3 Ben B,1.1us - Lot l Green lieighc5 *as Na suonY MMIMN. MM w •mff�m MO011[ppY •1+LOCY`fG110YiN Y1• BRIXIUS COND. USE 0 Ilk ,ubfibe - y -8 es nAj)Ll. !SAM it p+ap. ra y- IF88 Cu hK n PID# eJoo Y -O APPLICATION FOR CONDITIONAL USE PERKrT Phone: Phone: 5 v„✓ Phone: Propos Legal Existi Property Acreage: Present Zoning: �,,24 /c 4;" 4 'e'(A) Conditional Use Being Requested: Q W dw'c 11 L�"y Deed Restrictions: _)•b d es If so, please attach. Has the Applicant previously sought to plat, rezone a variance or conditional use permit On the subject site or any part of it: : Nm d es Request- Hhen $ _ :(A)Completed application form. (B)Cmplete legal description. (C)Filing fee. (D)Dead restrictions, if necessary. (E)Fifteen copies of site plan drawn to scale showing existing/proposed structures. (F)Additional information as requested by the Planning Director including but not limited to: existing grades and buildings within 100 feet, drainage plan with finished grade and relationship to existing water bodies, if any, proposed floor plan with use indicated plus building elevations, landscape plan with schedule of plantings and screening, curb cuts, driveways, parking areas, walks and curbing. (G)Certified from abstract firm the names and address of property owners within 300 feet of the existing property lines of the subject property. (B)Application and supportive data are due 20 days prior to any scheduled hearing. OIIY COMM APPLICATIOS SHALL BE REVID ED BY THE F AMM OOMISSICN. To the best of my knowledge the information presented on this form is correct. In addition, I have read Section 7.5 of the Zoning ordinance which specifies the requirements for conditional uses. I agree to provide information and follow the procedures as outlined in the ordinance. 3 - -a Scants Si ture Date operty Owners Signature Date THIS SB=CN TO BE FILLED OUT BY THE PLANNING DIRBCiOR fo 7 '9A Date 7. CITY OF PRIOR LAKE MINUTES OF THE CITY COUNCIL June 6, 1988 The Common Council of the City of Prior Lake met in regular session on Monday, June 6, 1988 at 7:30 p.m. in the City Council Chambers. Present were Mayor Andren, Councilmembers Scott, White, City Manager Dave Unmacht, City Engineer Anderson, Assistant City Planner Garross, Assistant City Manager Schmudlach, and City Attorney Kessel. Councilmembers Fitzgerald and Larson were absent. Mayor Andren called the meeting to order and asked everyone to rise for the pledge of allegiance. The minutes of the May 16, 1988 meeting were reviewed by Council. MOTION MADE BY WHITE, SECONDED BY SCOTT, TO APPROVE THE MINUTES AS SUBMITTED. Upon a vote taken, ayes by Andren, Scott and White, the motion passed unanimously. The next order of business was consideration of the Consent Agenda as follows: Consent agenda item (d) was requested to be removed by Staff due to not receiving the signed Easement. a) Approve invoices to be paid b) Approve the hiring of Maintenance Personnel c) Approve Developer's Agreement for Kortsch Trail (Shangri -La) d) Approve Easement Acquisition with Benham MOTION MADE BY WHITE, SECONDED BY SCOTT, TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF ITEM (d). Upon a vote taken, ayes by Andren, Scott, and white, the motion passed unanimously. (872)147.1230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 56372 The next ordes business was a presentation of a Certificate of Appreciation to Kathy Gensmer. Assistant City Manager Kay Schmudlach spoke of Kathy's contribution to the City's Historical Display stating Kathy as being one of the most instrumental individuals on this project. Kathy Gensmer was present at the Council meeting to accept this Certificate and to thank the City Council. The next order of business was the presentation of awards to the Photo Contest Winners. Assistant City Manager Kay Schmudlach presented the awards to the following individuals: ADULTS Deidre Olson Grand Prize Elaine Fahrenkamp First Place Larry Clark Second Place valorie Humbert Third Place MIDS Dan Broderick Grand Prize Danny Mahowald First Place Seth Peterson Second Place Karen Weber Third Place CHILDREN Naomi Clark Grand Prize The City Council viewed the photographs and thanked all the participants. The next order of business was a Public Hearing on the Pleasant Street Public Improvement Project. Mayor Andren called the Public Hearing to order at 7:45 p.m. and read the public hearing notice as it appeared in the Prior Lake American on May 23, and May 30, 1988. Mayor Andren stated that a vote on the Resolutions (88 -35 and 88 -36) could not occur at this meeting because of the lack of the necessary Councilmembers present to vote on the Resolution for passage. City initiated improvement projects require a four - fifths vote of the Council for passage. City Manager Unmacht stated that several weeks ago Staff made a presentation to the Council concerning the status of the Municipal State Aid Project System, the total dollar expenditures and the amount of money needed to be expended in order to avoid a new calculation in our apportionment. Staff was given by the Council at that time direction to proceed with the Pleasant Street Project. City Engineer Anderson stated that the purpose of the project was to provide improved traffic circulation in the downtown area and to implement a project that was identified as needed more than 10 years ago. City Engineer Anderson presented a preliminary plan which was done in 1980. Anderson stated that this project dates back to 1977 and was proposed to be extended at that time. The project never was completed due to the lack of funding. The improvemen will consist of a 44' wide street with parking on both sides of the roadway, it would have a sidewalk on the North side from Main Avenue to Trunk Highway 13. The improvement would also mean the extension of water service to Lot 1, Block 3. The existing water service does not comply for ultimate development. The project will relocate the driveway that currently is on Highway 13 and provide access to the Hardware Store, Video Store and Liquor Store by relocating that access to the proposed Pleasant Street. The intersection of Pleasant Street and Main Avenue would become a three -way stop to control traffic. The estimated cost for this improvement is approximately $70,000.00. The cost of the water main extension is estimated to be $7,735.00. It is proposed that the all the costs, with the exception of the water main, would be paid for by the use of Municipal State Aid Funds and the balance of the project cost for the water main would be paid for by the property owner. It is proposed that the water main be paid over a five year assessment. The City will be requesting that a waiver of public hearing be signed by Mr. Tupy for the extension of the water main. Mayor Andren opened the floor to anyone wanting to ask questions or cowmen, on the proposed improvements. Pleasant Street Residents Patrick Heaney and Lidy Flom stated questions and concerns they had regarding circulating traffic, the on street parking causing difficulty in having access to their driveways and several other issues. The Public Hearing is on tape and available for listening at the City Manager's Office. Council discussion occurred. MOTION MADE BY WHITE, SECONDED BY SCOTT, TO TABLE PLEASANT STREET PUBLIC HEARING UNTIL JUNE 20, 1988. Upon a vote taken, ayes by Andren, Scott and White, the motion passed unanimously. A short recess was called. The meeting reconvened at 8:30 p.m. The next order of business was a Public Hearing on Duluth Avenue Improvements, Resolution 88 -36, Project 88 -21. Mayor Andren called the public hearing to order at 8:31 p.m. and read the public hearing notice as it appeared in the Prior Lake American on May 23, and May 30, 1988. City Engineer Anderson presented details on the overhead on the Duluth Avenue Improvement Project. Traffic circulation, property acquisitions, existing properties, cost of the project, and relocation assistance were addressed by City Engineer Anderson. Steve Collins, S esident of Colorado Street, '_equested the City purchase his property and relocate his residency. Mr. Collins is concerned with the high volume of traffic, the noise and air pollution. Mr. Collins stated his concern for the safety of his family living only 18' from the roadway. Council discussion occurred. MOTION MADE BY WHITE, SECONDED BY SCOTT TO TABLE THE DULUTH AVENUE IMPROVEMENT PUBLIC HEARING UNTIL JUNE 20, 1988. Upon a vote taken, ayes by Andren, Scott, and White, the motion passed unanimously. The next order of business was a Public Hearing to adopt Resolution 88 -37, Restricting Hours for Sprinkling. Due to the dry weather and high temperature the City's water supply has been operating continuously using approximately 2.85 million gallons of water a day. Councilmember White suggested that Staff make an amendment to the Resolution, stating that, any new sod laid within the past 60 days and any laid in the future from the date of this Resolution shall not be affected by this sprinkling ban. MOTION MADE BY WHITE, SECONDED, BY SCOTT TO APPROVE RESOLUTION 88 -37 RESTRICTING HOURS FOR SPRINKLING, PROVIDING THAT THE RESOLUTION STATE THAT ANY NEW SOD LAID WITHIN THE PAST 60 DAYS AND ANY LAID IN THE FUTURE FROM THE DATE OF THIS RESOLUTION SHALL NOT BE AFFECTED BY THIS SPRINKLING BAN. Upon a vote taken, ayes by Andren, Scott and White, the motion passed unanimously. Thi nixt order' of business is' an appeal from the .Planning Commission of a Conditional Use Permit Application. City Manager Unmacht stated the reason this item is being brought before the Council. Jn';BiiXium.;:4032 West 82nd in Bloomington, also the owner of ids& ' Dunkirk Avenue S.W., addressed the Council with information regarding her Conditional Use Permit Application denial. Brixius read several letters and documents pertaining to the property on 16559 Dunkirk Avenue S.W. stating that the dwelling has always been a two - family dwelling. Extensive Council discussion occurred on this appeal which involved the existing dwelling and its past usage as a duplex. MOTION MADE BY WHITE, SECONDED BY SCOTT, TO APPROVE THE CONDITIONAL USE PERMIT WITH THE FOLLOWING STIPULATIONS: THAT IF THE PROPERTY IS SOLD AND /OR CHANGES OWNERSHIP THAT THE CONDITIONAL USE PERMIT BECOMES VOID, AND /OR IF ITS 50% DESTROYED THE CONDITIONAL USE BECOMES VOID, AND THERE IS A 10 YEAR TIME LIMIT ON THE CONDITIONAL USE PERMIT APPLICATION. Upon a vote taken, ayes by Andren, Scott and White, the motion passed unanimously. The City CouncC would like to state for the record that this Conditional Use Permit approval does not set a precedent for this action and that this is an exceptional case. With the information submitted by Jan Brixius they feel that allowing in this case for a two - family dwelling in a R1 Zoning District would reasonably fall under a grandfather clause. A short recess was called. The meeting reconvened at 9:45 p.m. The next order of business was a continuation of Public Hearing on Walker Avenue Vacation, Resolution 88 -21. City Manager Unmacht updated the City Council on the Walker Avenue project. MOTION MADE BY WHITE, SECONDED BY SCOTT, TO TABLE THE WALKER AVENUE VACATION PUBLIC HEARING UNTIL JUNE 20, 1988. THE ITEM WAS TABLED BECAUSE A STREET VACATION REQUIRES AT MINIMUM A FOUR - FIFTHS VOTE OF THE COUNCIL. Upon a vote taken, ayes by Andren, Scott, and White, the motion passed unanimously. The next order of business is to consider the Third Draft of the Outdoor Concert Ordinance 88 -03. City Manager Unmacht updated Council on the new information inserted into the Ordinance. Assistant City Manager Schmudlach reviewed the changes made on the Ordinance. Discussion occurred. Mayor Andren asked that Council consider putting this item on the June 20, 1988 City Council Consent Agenda due to the absentees of Councilmembers Fitzgerald and Larson. The next order of business was to consider the Third Draft of the Gambling Ordinance 88 -04. Councilmember White requested that Council table this item until July 5, 1988 due to the information pending from the League of Minnesota Cities Conference to be held Thursday, June 9, 1988. The next order of business was to consider the recommendations for the Watershed District Board. City Manager Unmacht stated that the purpose of this item was to consider making a recommendation to the Scott County Board regarding the appointment of members to the Board of Managers for the Prior Lake - Spring Lake Watershed District. Staff of the Prior Lake - Spring Lake Watershed District Board Don Benson, addressed the Council stating that Council should consider recommending Richard Heinz and Andrew Franklin. Staff was directed by Council to check with the Scott County Administrator as to advertising for the appointment openings. No recommendations were made at this time. Council directed Staff to advertise the vacancies to the general pW;lic. The next order of business is to consl.ea a Full -time Building Inspector /Code Enforcement position. City Manager Unmacht updated Council on the position opening and reasons for extending the position to Full -time. Discussion occurred by the Council. 5 MOTION MADE BY WHITE, SECONDED BY SCOTT, TO APPROVE THE FULL -TIME BUILDING INSPECTOR /CODE ENFORCEMENT OFFICER POSITION. Upon a vote taken, ayes by Andren, Scott, and White, the motion passed unanimously. The next item of business is to discuss the Council /Staff Summer Workshop Schedule. City Manager Unmacht briefly discussed the future scheduling of the Workshops. Mayor Andren stated that at this time she did not feel that a schedule should be made due to Councilmember Fitzgerald and Larson's absence. Staff was directed to individually notify Councilmembers on their Workshop preference. The next order of business is to Consider Approval of the Liquor Licenses for 1988 -1989. The Liquor Committee met at 6:30 p.m. and made the recommendation that as per agenda item $15 that Council approves all listed Liquor License Applications. They are as follows: ON -SALE INTOXICATING LICENSE Extra Innings Hollywood Inn T.J. Hooligan's First Frame dba Prior Place McWillie's on the Lake NOTION NADE BY SCOTT, SECONDED BY WHITE, TO APPROVE THE ON -SALE INTOXICATING LICENSES. Upon a vote taken, ayes by Andren, Scott, and White, the motion passed unanimously. SUNDAY LIQUOR LICENSE Extra Innings Hollywood Inn T.J. Hooligan's First Frame dba Prior Place VFW Post #6208 NcWillie•s on the Lake MOTION NADE BY SCOTT, SECONDED BY WHITE, TO APPROVE THE SUNDAY LIQUOR LICENSES. Upon a vote taken, ayes by Andren, Scott, and White, the motion passed unanimously. OFF -SALE INTOXICATING LICENSE Dakota L quor Extra Innings Gast's Wine and Spirits Junction Liquor Viking Liquor 6 MOTION MADE BY SECONDED BY WHITE, TO APPROVE THE OFF -SALE INTOXICATING LICENSES. Upon a vote taken, ayes by Andren, Scott, and White, the motion passed unanimously. O FF -SALE NON - INTOXICATING LICENSE E -Z Stop Store Hauser's IGA Holiday Stationstore #198 P.D.Q. Store Express Gas and Groceries Tom Thumb MOTION MADE BY SCOTT, SECONDED BY WHITE, TO APPROVE THE OFF -SALE NON - INTOXICATING LICENSES. Upon a vote taken, ayes by Andren, Scott, and White, the motion passed unanimously. CLUB LICENSE VFW Post #6208 NOTION MADE BY SCOTT, SECONDED BY WHITE, TO APPROVE THE CLUB LICENSE. Upon a vote taken, ayes by Andren, Scott, and white, the motion passed unanimously. The next order of business is an update from Council on the Workshop with the DNR. City Manager Unmacht spoke of the meeting Mike Mueller of the OUR had with the City Council. Different subjects were discussed, but one subject that was of main concern was the interpretation of the Shoreline Management Ordinance, Section 9.3 B1 A thru E. Unmacht stated that Staff is awaiting formal correspondence from Mueller. Councilmember white stated the important need for a Full -time temporary person to input all property information into the computer for the Planning Department. Councilmember White directed Staff to look into this position for consideration by the Council in the future. The next Council meeting will be Monday, June 20, 1988 at 7:30 p.m. There being no further business, the meeting adjourned at 10:30 p.m. by general consent of the Council. 1 , 1 .J7d.Av - vid J. Unmacht ty Manager Dee Birch Recording Secretary 7 CITY OF PRIOR LAKE MUESPID BY: BORST GRASER SwWr: CONSIDER APPM OF BRlX1US OOQDITION& USE PMM APH.ICATION GATE: Jim 6, 1988 On April 21,. 1988 the .Planning Om mission considered a Conditional Use Permit for 16559 .:Dunkirk Avenue. S.W. to Permit a two family dwelling in an R-1 district.. .'The Conditional Use Permit was denied. : +See the attad:ed minutes of the Planning;OKasission dated April 21, 1988. The denial of the application prompted the applicants to seek an appeal before the City Council. (81211171230 1629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372 In the past, the Planning Commission has been reluctant to permit the conversion of single family homes to duplexes for fear of establishing a negative precedent. Once a duplex has a legal track record in a neighborhood, it is next to impossible to reverse the trend of accessory apartment conversion. The intensification of the single family home may be appropriate in some areas of the community, however, staff is not aware of any housing shortage or need to intensify single family home use at this time. Furthermore, it is essential that there be a city -wide policy and analysis into the pros and cons of allowing conversions. Allowing such policy to emerge or be formulated by trial and error would lead to a disastrous accessory mousing policy which would be virtually impossible to administer and enforce. Accessory apartment conversion may be an emerging trend for very good reasons. However, it is not a standard which should be adopted without careful analysis and consideration. DOCDSSIOme The enforcement of complaints of this nature have occurred on a complaint basis. A complaint was received on December 28, 1987 relating to the Brizius property. Staff has provided Brixius an opportunity to dwr that the property sae approved as a duplex by a former governing body. She Brixius have stated that they bought the property as a duplex 16 years ago, but do not have proof from the township that the property was for a duplex. Staff would concur with the findings of the Planning Cumplasion and recommends this application should be denied since the proposal is not consistent with the neighborhood and the pattern of this use is not in the best interest of the general health and welfare of the commmity. The alternatives are as follows: 1. Accept the Planning Commission reoommendation and deny the Conditional Use Permit application. Allow the applicant a sufficient period of time to come into compliance. Staff would recommend a predetermined monthly period, i.e., 3-6 months. 2. Approve the Conditiaml Use Permit application. 3. Table the item for further review and discussion. REDUMMS Notion to adopt the information contained in alternative one would be in order. MINUTTS OF THE PRIOR Lt - MANNING CM41ssION ,PAIL 21, 1988 5. APPLICANT DEVELOP POLICIES OF CONDUCT AND PROCEDURES FOR HIS CUSTOMERS TO BE SENSITIVE TO PROPERTY OWNERS. Upon a vote taken, ayes by Arnold, Loftus, Roseth; the motion passed unanimously. I= IV - MW=Wl USE PERMIT REQUEST BY .TAN ARIXIUS Jan Brixius stated that they bought the property at 16559 Dunkirk Avenue SW in 1972, 16 years ago about the same time the Spring Lake annexation occurred. At that time they had received permission from the governing body but are unable to find any records or people who granted the permission. The duplex scructure. has been well kept up and in 16 years there hasn't been any complaints until now. Ms. Brixius presented a written statement from 4 area residents who have no problem regarding the duplex. City Planner Graser commented per memo dated April 21, 1988. Bonnie McWilliams, area resident, stated that she has never had any problem with the duplex living situation. The Planning Commissioners felt empathy for the applicant, however, the ordinance must be adhered to otherwise a dangerous precedent would result if they granted the request. NDTICN BY ARNOLD, WOUNDED BY LOFTUS, TO DENY THE APPLICATION FOR A CONDITIONAL USE PERMIT FOR 16559 DUNKIRK AVENUE SW TO PERMIT A TWO FAMILY DWELLING IN AN R-1 DISTRICT, SINCE IT IS NOT CONSISTENT WITH THE COMPREHENSIVE PLAN OF PRIOR LAKE, Camnissioner Loftus would like the record to reflect that he felt the applicant has sufficient hardship in that the length of ownership under one person was 16 years, the governing body was different in 1972 and annexation took place that year. Mr. Loftus would like the City to take this into consideration. At this time Assistant City Planner Garross stated that a phone call was received from Brian and Julie Gibson in opposition to the duplex for the reason that if one is allowed, it will be virtually impossible to stop more duplex situations within the single family neighborhood. Upon a vote taken, ayes by Arnold, Loftus, Roseth, are absention; the nation passed. Chairman Roseth requested that all residents be notified before the City Council hearing on this item. At this time a 2 minute recess was called. The meeting resumed at 9:55 P.M. ITEM V - VARIANCE MM RY BM= OIETRICH Mr. Dietrich, contractor, for Laurie and Roger Breisch, 14330 Rutgers Street N.E., stated that he was contracted to build a double garage on an existing home. The Building Permit was obtained but the discrepancy was not found until later after the construction had started when the Building Inspector came out to inspect the project and found the measurements off by 4 feet. This was due to the alignment of the house on an irregular shaped lot and the original survey was off several feet. Therefore a new survey was done and the correct lot alignment to the proposed garage needs a 4 foot variance. 3 a _ PID� -9�Jcn r-D APPLICATION FOR CO DITICNAL USE .&OUT Phone: k 3 /- % 5 d-1 Phone: "7- 5 or Phone: Phone: Proposed Conditional r U . s y � I A a d . dress: J6 legal Description now s(hC ii r'F c- PN-ParcJr Existing Use of Property: 2 a , l . e Property Conditional Use Being Present zoning: �,24�C +Q „� J G . - sl. � Deed Restrictions: l��lo Yes If so, please attach. Has the Applicant previously sought to plat, rezone, obtain a variance or conditional use permit on the subject site or arry pert of it: A ND Yes Request: When: , SUBMISSION RBOUIWAWM :(A)Ca pleted application form. (B)Complete legal description. (C)Filing fee. (D)Deed restrictions, if necessary. (E)Fifteen copies of site plan drawn to scale showing existing/proposed structures. (F)M itional information as requested by the Planning Director including but not limited to: existing grades and buildings within 100 feet, drainage plan with finished grade and relationship to existing water bodies, if any, proposed floor plan with use indicated plus building elevations, landscape plan with schedule of plantings and screening, curb cuts, driveways, parking areas, walks and cubing. (G)Certified from abstract firm the names and address of property owners within 300 feet of the existing property lines of the subject property. (H)Application and supportive data are due 20 days prior to any scheduled hearing. CNLY COMPLETE APPLICATIONS SHALL BE REVIEWED BY THE PLANNING COMISSION. To the best of my knowledge the information presented on this form is correct. In addition, I have read Section 7.5 of the Zoning Ordinance which specifies the requirements for conditional uses. I agree to provide information and follow the pcooeduras as outlined in the Ordinnrwe. 3- as -PFD icants Sirature Date operty Owners Signature Date THIS SECTION TO BE FILM OUT BY THE PLANNING DIRBCIOR PLANNING COMMON ___1PPFAMW —A—PM® DATE OF HE1VM G CITY CnleciL _ A PPROVED AWED DATE OF SWUM Signature of the Planning Director Date Consultant: Pho ne '� a, ,, r, au 1 , �� � .. " 1 w � � . ;� �� '�. R ..�ti ; � � �� �;.� ,:� ,..� ,. ! _ 4�(Jl.' fit.. ' i.; e ^ ,gin � v� �I t I I� 1 t �„. �� l ».� � .L i. �t J X 741 3 V '..�� Irk. �.y �. � M ��O• O �� r �'+IjI�P�•,, �- o .0 0 (� •, N r 119• c 1 , ,epr7." 67 E �� 'r ttr; ' N ® V $ � *1 9 � A4',1 Y +•1s. , r a} i, , • � i N ,� gyp w 2 �... A r .:�� N /'1 /' O r / w a i' OtlfL � "Y' Wit♦ 'iS � r 4 :. e ,�f SWJEC = iTE � w . �z .: N• ceptton.o � .s:. a � � i J�R / lo • r ;, -- rs- h!t4 • Ufl You are hereby notified that a public hearing will be held by the City Council in the Prior Lake Council Chambers at 4629 Dakota Street S.E. on: McaCby. June 6. 1988 at AMOximately 8:00 P.M. PURPOSE OF HEARING: To consider a Conditional Use Permit application appeal for Ken 6 Jan Brixius. SWWr SITE LOCATION: 16559 Dunkirk Avenue RBDUESTED ACTION: The request is to consider an appeal of a Conditional Use Permit in order to allow a two family dwelling unit within a single family residential area. The Prior Lake Zoning Ordinance does not allow two family dwellings as a permitted use within an R-1 District. In order for the applicant to utilize the existing structure as a duplex, a Conditional Use Permit must be approved and granted by the City of Prior Lake. Two family dwellings are allowed as conditional uses within R-1 residential areas. The Planning Commission denied the permit April 21, 1988. The applicants have requested an appeal before the City Council. If you desire to be heard in reference to this matter, you should attend this meeting. Oral and written camments will be accepted by the City Council. For more information, contact the Prior Lake Planning Department at 447 -4230. Prior Lake City Council (692) 447.4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 56372 2 -21 -88 WE ARE AWARE THAT THERE TWO FAMILIESS DWELLING AT 16559 DUNKIRK AVE., PRIOR LAKE, MN. THIS DOES NOT REPRESENT A PROBLEM FOR US. NAME ADDRESS AGENDA ITEM: #8 RBZUESTED BY: HORST GRASER SUBJECT: CONSMER APPEAL OF BRIXIUS OONDITIONAL USE PERMIT APFLICATION DATE: JUNE 6, 1988 On April 21, 1988 the Planning Commission considered a Conditional Use Permit for 16559 Dunkirk Avenue S.W. to permit a two family dwelling in an R-1 district. The Conditional Use Permit was denied. See the attached minutes of the Planning Commission dated April 21, 1988. The denial of the application prompted the applicants to seek an appeal before the City Council. $Bi Several months ago staff received a complaint regarding an illegal home occupation at the subject site. Upon investigation, we determined that the rambler home had been converted into a duplex. Both the upstairs and walkout basement were occupied by renters. we contacted the applicants who live in Bloomington with a axle compliance requirement. The applicants chose to apply for a Conditional Use Permit instead of vacating one of the units. The subject site and neighborhood is zoned R-1 single family residential and is within the Shoreland District. The Green Heights area is one of the older neighborhoods in the cmoinity which is exemplified by the diverse housing styles, sizes, and orientation. There are no existing permitted duplexes in this neighborhood. Although the neighborhood is zoned R-1, low density, it may approach the medium density range since the lot sizes are predominately 50 feet wide and about 7500 square feet in size. The minis m lot size for a duplex in an R-1 district is 15,000 square feet. The subject site is only 12,500 square feet in size. However, the applicants own adjacent lot 10 which would bring the total to about 20,000 square feet. (612) 447.4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 65372 In the past, the Planning Commission has bepn reluctant to permit the conversion of single family homes to duplexes for fear of establishing a negative precedent. Once a duplex has a legal track record in a neighborhood, it is next to impossible to reverse the trend of accessory apartment conversion. The intensification of the single family hone may be appropriate in same areas of the community, however, staff is not aware of any housing shortage or reed to intensify single family home use at this time. Furthermore, it is essential that there be a city -wide policy and analysis into the pros and cons of allowing conversions. Allowing such policy to emerge or be formrlated by trial and error would lead to a disastrous accessory housing policy which would be virtually impossible to administer and enforce. Accessory apartment conversion may be an emerging trend for very good reasons. However, it is not a standard which should be adopted without careful analysis and consideration. DISMSSION: The enforcement of complaints of this nature have occurred on a complaint basis. A complaint was received on December 28, 1987 relating to the Brixius property. Staff bas provided Brixius an opportunity to show that the property was approved as a duplex by a former governing body. The Briaiva have stated that they bought the property as a duplex 16 years ago, but do not have proof from the township that the property was for a duplex. Staff would concur with the findings of the Planning Commisaion and recommends this application should be denied since the proposal is not consistent with the neighborhood and the pattern of this use is not in the best interest of the general health and welfare of the community. AUMMMEWL The alternatives are as follows: 1. Accept the Planning Commission recommendation and deny the Conditional Use Permit application. Allow the applicant a sufficient period of time to come into compliance. Staff would r eoxmme od a predetermined monthly period, i.e., 3-6 months. 2. Approve the Conditional Use Permit application. 3. Table the item for further review and discussion. 8=IM BBx7 M Notion to adopt the information contained in alternative one would be in order. i r Z"f,r,7 644ckjTv� .s�a� ��✓q -l�r O7 Y0 F 1�eg a tamn Drk n Conn Nh CenNn. Exp. Z -16 -93 I Pete Pranks built the ranbler aifh the walkout bNaemm®t apartaeat. *hen Its man dme with it he rested: it to °Larry and Sean Feldtaaa: The Feldtmana lived .JX the basement until thoy bought a house of their sari in kvior Lake: than Pete said the house to Loran ftashsted °: As rented the basement ion teachers from the sehooW Than the krjxMim s bow the house from him and they rested it too Thatm.ths say its bass muse it ms built: EL LlN a BANDEN Not amtis _ ae E MMI HENNEPIN COUNTY 14-0 GIMNAmm loom w.a.m -�a ��� May 19, 1988 To Whom It May Concern: This letter is in reference to the house located at 16559 Dunkirk Avenue SW, Prior Lake, MN 55372. May, 1964 we rented the basement apartment of this house. We lived there about 1h years. The house was new at that time. g Gera7d Fel� )can Fel'dten i s' -'?% -�� u Jac - OEEN uaie - mm COWTM I' J�"'`T"`" ....r _cs•�.�T- E �'�� r_i � -' (.•.qtr - a I - -- . �°""'� _.�� -.ref �-�- - �-- ��*-'F G� ,r_�G Y a- t- ?ate.- ,i-� <'-, -wee °�. — - - -.�� %em._ �.. /_.fi -- °-- t�c+•u- ..o„�_ �d .�.a�P el m y \ a v _ . .. «� . MINUTES OF THE PRIOR LAKE PLANNING CDM41SSION APRIL 21, 1988 5. APMICANT DEVELOP POLICIES OF OONOUCT AND PROCEDURES FOR RIS cuSIUME7.S TO BE SENSITIVE TO PROPERTY OWNERS. Upon a vote taken, ayes by Arnold, Loftus, Roseth; the motion passed unanimously. ITEM IV - CONDITIONAL. USE PERMIT ROQUE51_ ,ry BRIXIUS Jan Brixius stated that they bought the property at 16559 Dunkirk Avenue SW in 1972, 16 years ago about the same time the Spring Lake annexation occurred. At that time they had received permission from the governing body but are unable to find any records or people who granted the permission. The duplex structure has been well kept up and in 16 years there hasn't been any camplaints until now. Ms. Brixius presented a written statement from 4 area residents who have no problem regarding the duplex. City Planner Graser casmented per memo dated April 21, 1988. Bonnie McWilliams, area resident, stated that she has never had airy problem with the duplex living situation. The Planning Commissioners felt empathy for the applicant, however, the ordinance must be adhered to otherwise a dangerous precedent would result if they granted the request. NVrIO4 BY AFN(YD, SECUEDED BY LO E, TO DENY THE APPLICATION FOR A CONDITIONAL USE PERMIT POR 16559 DUNKIRK AVENUE Sd TO PERMIT A TWO FAMILY DWELLING IN AN R-1 DISTRICT, SINCE IT IS Nor OONSIETENT WITH THE O MPREHENSIVE PLAN OF PRIOR LAKE. Ccmmissioner Loftus would like the record to reflect that he felt the applicant has sufficient hardship in that the length of ownership under one person was 16 years, the governing body was different in 1972 and annexation took place that year. Mr. Loftus would like the City to take this into consideration. At this time Assistant City Planner Garross stated that a phone call was received from Brian and Julie Gibson in opposition to the duplex for the reason that if one is allowed, it will be virtually impossible to stop more duplex situations within the single family neighborhood. Upon a vote taken, ayes by Arnold, Loftus, Roseth, one absention; the motion passed. Chairman Roseth requested that all residents be notified before the City Council hearing on this item. At this time a 2 minute recess was called. The meeting resumed at 9:55 P.M. ITEM v _ VARIANCE REQUEST BY R B_EK DIETH108 Mr. Dietrich, contractor, for Laurie and Roger Breisch, 14330 Rutgers Street N.E., stated that he was contracted to build a double garage on an existing home. The Building Permit was obtained but the discrepancy was not found until later after the construction had started when the Building Inspector came out to inspect the project and found the measurements off by 4 feet. This was due to the alignment of the house on an irregular shaped lot and the original survey was off several feet. Therefore a new survey was done and the correct lot alignment to the proposed garage needs a 4 foot variance. w ps PIDl 9�Jocr -n i APPLICATICN FOR CCNDITICNAL USE PERMIT Propo€ Legal Existi Phone: �' 3 /- % 5 - Phone: 39 TYUP 7FJ Phone: Phone: Property Acreage: Present Zoning: �,Wlk Conditional Lee Being Requested: _�a �. G K Deed Restrictions: _}lo Yes If so, please attach. Has the Applicant previously sought to plat, rezone, obtain a variance or conditional use permit on the subject site or arty Pert of it: -AeL Yes Request: When: SLIKLSSION :(A)Caapleted application form. (B)COmplete legal description. (C)Filing fee. (D)Deed restrictions, if necessary. (E)Fifteen copies of site plan drawn to scale showing existing/proposed structures. (F)Additional information as requested by the Planning Director including but not limited to: existing grades and buildings within 100 feet, drainage plan with finished grade and relationship to existing water bodies, if arty, proposed floor plan with use indicated plus building elevations, landscape plan with schedule of plantings and screening, curb cuts, driveways, parking areas, walks and curbing. (G)Certified from abstract firm the names and address of property owners within 300 feet of the existing property lines of the subject property. (H)Application and supportive data are due 20 days prior to any scheduled hearing. CO LY COMPLETE APPLICATIONS SMALL BE REVIEW BY THE PLANNING COM ISSICN. To the best of my knowledge the information presented on this form is correct. In addition, I have Lead Section 7.5 of the Zoning Ordinance which specifies the requirements for cacti :ional uses. I agree to provide information and follow the procedures as outlined in the Ordinance. 3 a S- py icants Signature Date 3- operty Owners Signature Date Signature of the Planning Director Date Consultant' Pho ne J�C IOO r � i I Y`� � aj�Ax� ' s ?+ - ,s °_I� - +s Bo'•P • -�'.$a 1 ' ' 7 r '• ;•,y 1 f,�� ' N O U ; 1 M N` tly' !+,) J �; OUrk + r ITE 1 {a r. { P V /� J ' <- e,Tl• �. Y +�t , , � \� pa 11 hL'J ts 14 • �'1� , . ° P ' _' `h V ` ' d Bp 57j •,./ Ja i A Y' y. Ai N .OWN Pi NOTICE OF REARING You are hereby notified that a public hearing will be held by the City Council in the Prior Lake Council Chambers at 4629 Dakota Street S.E. on: MoDday. June 6, 1986 at 6=0ximstelV Q;QP-- P.M. PURPOBE OF HEARING: To consider a Conditional Use Penjit application appeal for Ken & Jan Brixius. SUBJBCT SITE LOCATION: 16559 Dunkirk Avenue RB2OESTED ACTION: The request is to consider an appeal of a Conditional Use Permit in order to allow a two family dwelling unit within a single family residential area. The Prior Lake Zoning Ordinance does not allow two family dwellings as a permitted use within an R-1 District. In order for the applicant to utilize the existing structure as a duplex, a Conditional Use Permit must be approved and granted by the City of Prior Lake. Two family dwellings are allowed as conditional uses within R-1 residential areas. The Planning Commission denied the permit April 21, 1988. The applicants have requested an appeal before the City Council. If you desire to be heard in reference to this matter, you should attend this meeting. Oral and written comments will be accepted by the City Council. For more information, contact the Prior Lake Planning Department at 447 -4230. Prior Lake City Council (612) 447- 4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372 2 -21 -88 WE ARE AWARE 79AT THERE TWO FAMILIES DWELLING AT 1 DUNKIRK AVE., PRIOR LAKE, MN. TH DOES NOT PRESENT A PROBLEM FOR US. NAME /� ADDRESS Cc `=�/' '� /JF''. ✓SCl^ �C5 G?f i," f y j j oz J t;! I 2 -21 -88 WE ARE AWARE THAT THERE TWO FAMILIES DWELLING AT _ 16559 DUNKIRK AVE., PRIOR LAKE. MN. THIS DOES NOT REPRESENT A PROBLEM FOR US. '.I MINUTES OF THE PRIOR LE PLANNING COMMISSION APRIL 21, 1988 5. APPLICANT DEVELOP POLICIES OF CONDUCT AND PROCEDURES FOR HIS CUSTOMERS TO BE SENSITIVE TO PROPERTY OWNERS. Upon a vote taken, ayes by Arnold, Loftus, Roseth; the motion passed unanimously. ITEM Iv - CONDIT'IONAL USE PERMIT REQUEST BY JAN Jan Brixius stated that they bought the property at 16559 Dunkirk Avenue SW in 1972, 16 years ago about the same time the Spring Lake annexation occurred. At that time they had received permission from the governing body but are unable to find any records or people who granted the permission. The duplex structure has been well kept up and in 16 years there hasn't been any caVlaints until now. Ms. Brixius presented a written statement_ from 4 area residents who have no problem regarding the duplex. City Planner Graser cammiented per memo dated April 21, 1988. Bonnie McWilliams, area resident, stated that she has never had any problem with the duplex living situation. The Planning CamAssioners felt empathy for the applicant, however, the ordinance must be adhered to otherwise a dangerous precedent would result if they granted the request. FUTION BY AreXW, SECONDED BY LOPTUS, TO DENY THE APPLICATION FOR A CONDITIONAL USE PERMIT FOR 16559 DUNKIRK AVENUE SW TO PERMIT A TWO FAMILY DWELLING IN AN R-1 DISTRICT, SINCE IT IS NOT CONSISTERr WITH THE COMPREHENSIVE PLAN OF PRIOR LAKE. Crnmissioner Loftus would like the record to reflect that he felt the applicant has sufficient hardship in that the length of ownership under one person was 16 years, the governing body was different in 1972 and annexation took place that year. Mr. Loftus would like the City to take this into consideration. At this time Assistant City Planner Garross stated that a phone call was received fran Brian and Julie Gibson in opposition to the duplex for the reason that if one is allowed, it will be virtually impossible to stop more duplex situations within the single family neighborhood. Upon a vote taken, ayes by Arnold, Loftus, RDSeth, one absention; the motion passed. Chairman RDSeth requested that all residents be notified before the City Council hearing on this item. At this time a 2 minute recess was called. The meeting resumed,at 9:55 P.M. ITEM V - VARIANCE REDUEST BY RCBERT DIETRICH Mr. Dietrich, contractor, for Laurie and Roger Breisch, 14330 Rutgers Street N.E., stated that he was contracted to build a double garage on an existing hone. The Building Permit was obtained but the discrepancy was not found until later after the construction had started when the Building Inspector came out to inspect the project and found the measurements off by 4 feet. This was due to the alignment of the house on an irregular shaped lot and the original survey was off several feet. Therefore a new survey was done and the correct lot alignment to the proposed garage needs a 4 foot variance. 3 KENNEl't! & A RLKxUS - C�SIDITI Vff PERNL3T APRIL 21, 1488 SUBJECT: To consider a conditional Use Permit for 16559 Dunkirk Avenue S.W. to permit a two family dwelling in an R-1 district. STAFF ANALYSIS: Several months ago staff received a canplaint regarding an illegal hone occupation at the subject site. Upon investigation, we determined that the rambler hone had been converted into a duplex. Both the upstairs and walkout basement were occupied by renters. we contacted the applicants who live in Bloomington with a code canpliance requirement, The applicants chose to apply for a Conditional Use Permit instead of vacating one of the units. The subject site and neighborhood is zoned R-1 single family residential. The Green Heights area is one of the older neighborhoods in the community which is exemplified by the diverse housing styles, sizes, and orientation. There are no existing permitted duplexes in this neighborhood. Although the neighborhood is zoned R -1, low density it may approach the medium density range since the lot sizes are predominately 50 feet wide and about 7500 square feet in size. The minimum lot size for a duplex in an R-1 district is 15,000 square feet. The subject site is only 12,500 square feet in size. However, the applicants own adjacent lot 10 which would bring the total to about 20,000 square feet. In the past, the Planning Commission has been reluctant to permit the conversion of single family hones to duplexes for fear of establishing a negative precedent. Once the duplex hss a legal track record in our neighborhoods, it would be next to impossit to reverse. Staff is not aware of any housing shortage or need at this tim, The accessory apartment conversion may be an emerging trend for very goo reasons. However, it is a standard we should not adopt for our neighborhoods. The intensification of the single family home may be appropriate in some areas of our cammiunity. But without a city -wide policy and analysis into the pros and cons of conversions, this would lead to a disastrous accessory housing policy formulated by trail and error. (612) 4474230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372 STAFF RFXDMMEMATIOfI: Staff recommends this application should be denied since the proposal is not consistent with the neighborhood and not in the best interest of the general health and welfare of the community. ; .. p �a w K 2i .�asF ae e „s o l ' ': R U ri - , — sw J r w - N fe a denotes Iron inonament Note: Bearinys are assumed Lvct k -o L(I clo wn., pea-P erifny wa up eni 017 W zo e m r eil /f , awe l � h �xrkinq. �o� two Ave P P r j I P KI NOTICE OF BFARING You are hereby notified that a public hearing will be held by the Planning Commission in the Prior Lake Council chambers at 4629 Dakota Street S.E. on: Thursday. April 21. 1988 at 8:30 ___ P.M. PUR%)SE OF BEARING: To consider a Conditional Use Permit application for Ken & Jan Brixius. SUBJECT SITE LOCATION: 16559 Dunkirk Avenue RBQUESTED ACTION: The request is to consider a Conditional Use Permit in order to allow a two family dwelling unit within a single family residential area. The Prior Lake Zoning Ordinance does not allow two family dwellings as a permitted use within this R-1 District. In order for the applicant to utilize the existing structure as a duplex, a Conditional Use Permit must be approved and granted by the City of Prior Lake. Two family dwellings are allowed as conditional uses within R-1 residential areas. If you desire to be heard in reference to this matter, you should attend this meeting. Oral and written camnents will be accepted by the Planning Commission. For more information, contact the Prior Lake Planning Department at 447 -4230. Prior Lake Planning Crnmission (612) 447.4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372 ✓��.c . - :�.v The Wester/y /1178 T!x /Y{'3'coraer G �� yuAw -- � $ Seclian Z T. G _ 4 D � �Z z it s� C RECEIPT CITY OF PRIOR LAKE 4M DAADTA STREET S.E., PRNRI LAKE, IAN 55372 rl DATE 1411904 NEW S.WAETS CLOTi CLOSING SERVICE SERVIC SCOTT COUNTY ABSTRACT AND TITLE, INC. YLI NO!MES STREET, P.O. BOX JW SHAKOPEE. MINNESOTA W78 6tyM `A David Moonen and Dale Kutter Kerry Meagher, G.,M COUneel March 23, 1988. L- �` Jan Brixius. 4032 West 82nd Street. Bloomington, Minn. 55437. Dear Jan; REGISTERED PROPERTY ABSTRACTS TITLE INSURANCE REGORGING SERVICE According to the 1988 Tax Records in the Scott County Treasurers Office the following persons are listed as the owners of property which lies within 300 feet of the following described property: All that part of Government Lot 1, Section 3, Township 114, Range 22, Scott County, Minnesota, described as follows: Commencing at the Northwesterly corner of Lot 10, Green Jeights First Addition; thence Easterly along the Northerly line of said Lot 10 a distance of 125 feet of the Northeasterly corner of said Lot 10; thence Northerly along the We .terly line of Lot 8, Green Heights First Addition, a distance of 100 feet to the Northwesterly corner of said Lot 8; thence Westerly along a line parallel to the Northerly line of Lot 10, Green Heights First Addition, a distance of 125 feet to the Easterly line of a road which has a bearing of North 17 ° 36' West as platted in Green Heights First Addition; thence Southerly along the Easterly line of said road a distance of 100 feet to the point of beginning. Jane A. Rohn. 3834 Green Heights Trail SW. Prior Lake, Minn. 55372. Earl A. Dittman and wife. 16530 Dunkirk. Prior Lake, Minn. 55372. Elva A. Fahrenkamp. 3844 Green Heights Trail SW. Prior Lake, Minn. 55372. Norwood B. Melcher. P.O. Box 1550. Sanibel, Florida 33957. Linda R. Plessner. 3859 Green Heights Trail SW. Prior Lake, Minn. 55372. Carter Don Narveson. 38456 Green Heights Trail. Prior Lake, Minn. 55372. Joseph P. Morgan and wife. James F. Freitas and Maureen. 20225 Mushtown Rd. 8575 McGuire Circle. Prior Lake, Minn. 55372. Shakpee, Minn. 55379. Page 1. MEMBER MINNESOTA LAND TITLE ASSOCIATION AGENT FOR CHICAGO TITLE INSURANCE COMPANY 0 11 NEW AIR CAAITS REGISTERED PROPERLY ABSTRACTS ODwINS SCOTT COUNTY ABSTRACT AND TITLE, IBC. RECORDIING6 RVGE SERVICE SERVICE 223 BOWES STREET. P.O. BO% X0 SNAKOPEE. MINNESOTA Wrn B'.2:- M David Moonan and Dale Kutler Kerry Meagher, G.mnl Cnunul Lao Underwood. Randy J. Mc'W and wife. 3821 Green Heights Trail. 3880 Pershing Street SW. Prior Lake, Minn. 55372. Prior Lake, Minn. 55372. Daniel Scott Schendel. Donald E. Kroyer. 3827 Roosevelt Street SW. 3842 Pershing Ave. SW. Prior Lake, Minn. 55372. Prior Lake, Minn. 55372. Wilma H. Taute. Bradley R. Lein. 3841 Roosevelt Street SW. 3852 Pe Street SW. Prior Lake, Minn. 55372. Prior Lake, Minn. 55372. Jane A. Zimmer. William D. Benson. 3857 Roosevelt Street SW. RR#2, Box 256. Prior Lake, Minn, 55372, Montgomery, Minn. 56069. Marvel B. Ressler. Jeffrey S. 6 Janet M. Mullin. 3867 Roosevelt Street SW. 3935 Pershing Street SW, Prior Lake, Minn. 55372. Prior Lake, Minn. 55372. Fred Schweich, Donald B. S Betty Scherer. 3950 Green Heights Trail. 3894 Green Heights Trail SW. Prior Lake, Minn. 55372. Prior Lake, Minn. 55372. William J. Simpkins. Jack W. Norstad and wife. Unrecorded CD -- Edward J. Simpkins. 3880 Green Heights. P.O. Box 220. Prior Lake, Minn. 55372. Prior Lake, Minn. 55371. Jon R. Thompson. Roger VanHaafter. 3915 Green Heights Trail SW. Deonarine and Kathleen Kissoon etal. Prior Lake, Minn. 55372. 10308 Stanley Circle. Bloomington, Minn. 55437. Richard H. S Elizabeth Busse. 3931 Green Heights Trail SW. Thomas M. and Kay L. Ragatz. Prior Lake, Minn. 55372. 3879 Green Heights Trail. Prior Lake, Minn. 55372. Jeanne H. Schweich. 3893 Green Heights Trail SE. Robert D. and Kathryn L. Miller. Prior Lake, Minn. 55372. 3945 Green Heights Trail. Prior Lake, Minn. 55372. Allan C. b Vicky J. Gigstad. 16556 Spring Ave. SW. Robert W. 6 Mildred L. Miles. Prior Lake, Minn. 55372. 16560 Dunkirk Ave. Prior Lake, Minn. 55372. Kenneth C. Brixius and wife. 4032 West 82nd Street. Harlyn d Rita Schewe. Bloomington, Minn. 55437. 16582 Dunkirk Ave. Prior Lake, Minn. 55372. Page 2. MEMBER MINNESOTA LAID TITLE ASSOCIATION AGENT FOR CHICAGO TITLE INSURANCE COMPANY NEW ABSTRACTS COA "" GTIONS SERVICE SCOTT COUNTY ABSTRACT AND TITLE, INC. CLOSING Y 3 HOLMES STREET, PO. BOX 300 SNAdoPEE, MINNESOTA M79 61b.562Ae David Moonen and Dale Kutter Kerry Meagher, G.n.NVI CA .... I Ronald J. Friedges. 16599 Dunkirk Ave. Prior Lake, Minn. 55372. William A. Richards and wife. 3934 Pershing Street SW. Prior Lake, Minn. 55372. Brian P. and Julie A. Gibson. 3924 Pershing Street West. Prior Lake, Minn. 55372. Kevin Berger. 16581 Spring Street SW. Prior Lake, Minn. 55372. McWillies, Inc. 3950 Green Heights Trail, Prior Lake, Minn. 55372. SCOTT COUNTY ABSTRACT AND TITLE CO., INC. DEM:nak Page 3. '" % bCCTT CCUN7Y INC, A ME BEA MINNESOTA LAND TITLE ASSOCIATION AND TITIE, l lksnW Ahtr¢pr AGE FOR CHICAGO TITLE INSURANCE COMPANY Sims of Mlmaau REGIBTER'A GROPERtt ABSTRACTS TITLE INSURANCE RECORDING SERVICE