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HomeMy WebLinkAbout85-07 - C.U.P.C 85.07 HUBERT CORACKE 1.3, B1, Brooksville Hills 4th Ns i1SOCY M�NtWNN. YN �a �ININyp{,pyN,ON YgyYM Tl O VCYNTpMY6M Y1• R Applicant: CITY OF PRIOR LA KE APPLICATION FOR CONDITIONAL USE PERMIT 85 E / Phone:C Phone: Proposed Conditional Use Address: Legal Description: a / Existing Use or Property: Property Acreage: Conditional Use Being Requested: _ Deed Restrictions: Nolp YesO If so, please attach. Has the Appliciant previously sought to plat, rezone, obtain a variance or conditional use permit on the subject siteorany part of it: No@ YesO What was requested: When: Submission Requirements (A.)Compieted application form. (B.)Complete legal description. (C.)Filing Fee: $50.00 (19831 (D.)Deed restrictions, if necessary. (E.)Fifteen(i5) copies of site plan drawn to scale showing existing /proposed structures. (F.)Additional information as requested by the Planning Director including but not limited to: existing grades and buildings within mefeef, drainagepim with finishedgrade and relationship f- existing water bodies, ifany, proposed floor plan with rseindicatecipkrs buildiagekwtions, landsrapeplan with scheduleofplantings and screening, Curb cuts, driveways, parking areas, walks and curbing. ©G. Certified from abstract firm the names and address of property owners within 300 feet of the existing property lines ofthe subied property. (H.)Application and supportive data are due 20days priurto any scheduled hearing. Unless clearly , xe applicable, the above information will be required prior to review of this ap ��:on. Submitted thisda`y bf .. ; 19 A X11 rants j�$j�9nalure C //� �riJ NU44iK Approved alwa x i b t� ttwv uriliad wahin a one wxr Vert dolnnu, m Property OWnNa Signature may be invalidated rytM1e nvtrim ng Catrvnxam. Ko4i.v�k w- .�„A - s�,. lox 8,5 CITY OF PRIOR LAKE MICHAEL A. MCGUIRE, MANAGER October 3, 1985 To consider a Oonditioal Use Permit for the conversion of a single family home to a duplex at 16399 Itasca Ave. .SnUT ANALYSIS The applicant is requesting the conversion of a single family hone to a duplex, which requires a Canditional Use Permit for R-1 zoned property. home meets all the minim n lot and yard requirements necessary for R-1 zoned duplexes. A. inspection was made of the subject site in early August following a complaint received regarding the home being illegally rented. The inspection revealed that the home had been converted and was being rented illegally. The subject site is located near the center of an R-1 zone with two C-1 zones and an 1 -2 zone located at close proximity (see map insert). The neighborhood is relatively new with the surrounding vacant land proposed for I-1 development. 7Le R-2 zone fronts Franklin Trail, is located adjacent to the park, and abutts an R-3 zone. There would be some justification for the location of a duplex in a similar area, but this is a nonconforming use located in a large R-1 district. This situation does not warrant a Oovnditional Use Permit. Since it is a nonconforming use and an isolated case, planning law is geared toward eliminating it from the neighborhood. The convenience of purchasing a single family home and converting it into a duplex would be to the disadvantage of surroundinq single family home owners and also detrimental to their property values. This type of situation should be prevented when threatening the homogeneity of an R-1 district. Approval would offer other single family home owners the Same convenience and would defeat the purpose of an R-1 district. Deny the request since it is not in the best interest of the neighborhood and community. (612) "r -4230 4629 DAKOTA STREET SE. P.O. BOX 359 PRIOR LAKE, MINNESOTA 56372 8,5 CITY OF PRIOR LAKE MICHAEL A. MCGUIRE, MANAGER October 3, 1985 To consider a Oonditioal Use Permit for the conversion of a single family home to a duplex at 16399 Itasca Ave. .SnUT ANALYSIS The applicant is requesting the conversion of a single family hone to a duplex, which requires a Canditional Use Permit for R-1 zoned property. home meets all the minimum lot and yard requirements necessary for R-1 zoned duplexes. A. inspection was made of the subject site in early August following a complaint received regarding the bame being illegally rented. The inspection revealed that the home had been converted and was being rented illegally. The subject site is located near the center of an R-1 zone with two C-1 zones and an 1 -2 zone located at close proximity (see map insert). The neighborhood is relatively new with the surrounding vacant land proposed for I-1 development. 7Le R-2 zone fronts Franklin Trail, is located adjacent to the park, and abutts an R-3 zone. There would be some justification for the location of a duplex in a similar area, but this is a nonconforming use located in a large R-1 district. This situation does not warrant a Oovnditional Use Permit. Since it is a nonconforming use and an isolated case, planning law is geared toward eliminating it from the neighborhood. The convenience of purchasing a single family home and converting it into a duplex would be to the disadvantage of surrounding single family home owners and also detrimental to their property values. This type of situation should be prevented when threatening the homogeneity Of an R-1 district. Approval would offer other single family home owners the Same convenience and would defeat the purpose of an R-1 district. Deny the request since it is not in the best interest of the neighborhood and community. (612) "r -4230 4629 DAKOTA STREET SE. P.O. BOX 359 PRIOR LAKE, MINNESOTA 56372 85 ®07 CITY OF PRIOR LAKE PLANNnG COMMI SSION MI SSION MINUTES OCTMER 3, 1985 The October 3, 1985 Prior Lake Planning emission meeting was called to order by Chairman Larson at 7:38 P.M. Present were Ommnissioners Loftus, Felix, Roseth, Arnold, City Planner Graser and City Planning Intern Lee Meilleur. Motion by Loftus to approve the minutes of the September 19, 1985 meeting as Presented, seconded by Roset2h. Upon a vote taken, the motion was duly passed. Item I, Hubert Goracke request for a Oonditioral Use Permit to convert a single family dwelling into a duplex at 16399 Itasca Avenue, Mr. S Mrs. Goracke were present to answer questions. Mrs. Eileen Goracke commented that they tried to sell their house 2 or 3 years now and they need the additional income for taxes and such since her husband had to quits work due to health. City Planning Intern Lee Meilleur omment Also Mr. Meilleur stated that he received 16488 Pillmore Avenue, who said she Permit request. ed Per memo dated October 3, 1985. a phone call from Mary Kiesner- Tuttle, as totally against the Conditional Use At this time audience 'input was received. John Mueller, 16323 Itasca Avenue, was concerned over devaluation of hones and property if this is allowed. Fred Lindquist, 16488 Itasca Ave , , concerned over devaluation of homes. Dave'Anett, 5495 Bm .as concerned over devaluation of property and Parking. The Planning C '.sri had concern over densi o ty, parking, zoning, owner r occupied an df`a•t3 on neighborhood. on M, .teeth to deny the Conditional Use Permit for the conversion of a single Gamily home to a duplex at 16399 Itasca Avenue for Hubert Goracke because it is not within the spirit and intent of the code, it is a non conforming use and an isolated case, detrimental to area property values, threatens the homogeneity of an P-1 District. Permitting this would set a dangerous precedent with far reaching ramifications in an R-1 zoned area, seconded by Loftus. Upon a vote taken, the motion was duly passed. (612) 447 -4230 4629 DAKOTA STREET S.E. P.O. BOX 359 PRIOR LAKE, MINNESOTA 55372 85®Oy Item II, Landice Wilson request for a 7 foot side yard variance for 16252 Lakeside Avenue SE. Ms. Wilson was present to answer questions. Ms. Wilson commented that the old deck was removed and a new one would be somewhat larger and extend across the front of the house improving the appearance. The affected neighbor has no objection to the improvement. City Planning Intern Meilleur commented per memo dated October 3, 1985. The Planning Commissioners commented on the variance amount that was requested and perhaps would be setting a precedent. Motion by Felix to approve a seven foot aideyard variance for 16252 Lakeside Avenue S.E., since it is not detrimental to the health, general welfare and property values of the surrounding area, and bemuse of the age of the home this type of construction would be the only solution to the walkway situation and drainage problem of this unique lot, seoonded by Arnold. upon a vote taken, the motion was duly passed. Item III, Ordinance Invalidation for Title S. Section 5 -6-8, and Prior Lake Zoning Ordinance 83-6, Section 7.8. Motion by FAM eth to recommend to the City Council to adopt Title 5, Section 54-8 of the Prior Lake City Code, but delete on the end "or to preserve the spirit and intent of this Title.' and a period after variannm and in the City of Prior Lake Zoning Ordinance 83-6, Section 7.8, and delete an the end "or to Preserve the spirit and intent of this ordinance" and a period after variance, seconded by Arnold. Open a vote taken, the motion was duly passed. On October 17, 1985 there will be a tour of Prior Lake Planned Developments from 6:48-7:45 P.M. by the Planning Omenissioners. av Notion by Eoseth to adjourn the October 3, 1985 Planning Commission meeting, seconded by Arnold. Upon a vote taken, the motion was duly passed. The meeting adjourned at 9:88 P.M.