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HomeMy WebLinkAbout1992 April Planning Commission Agenda Packet10 1L � PR+ 7:30 P.M. 7:30 P.M. 7:3Q P.M. 7:45 P.M. 8:00 P.M. * 8:30 P.M. HERITAGE COMMUNITY 91If90,-4" 1891 1991 209/ REGULAR PLANNING COMMISSION MEETING AGENDA APRIL 2, 1992 CALL TO ORDER REVIEW MINUTES HEARING HEARING HEARING PUBLIC HEARING * Indicates a Public Hearing OF PREVIOUS MEETING VARIANCE VARIANCE VARIANCE CARRIAGE HILLS PRE PLAT CURT MOEN TRACY VAN DEN BERG LEON KRUEGER WARREN ISPAELSON All times stated on the Planning Comnission Agenda, with the exception of Public Hearings, are approximate and may start later than the scheduled time. 4629 Dakota St. S.E.. Prior Lake, Minnesota 55372 / Ph. (612) 447 -4230 1 Fax (612) 4474245 Pk,,� ? HER /TAGS 1891 _ T COMMUNITY 1991 -9091 PLANNING COMMISSION MINUTES MARCH 5, 1992 The March 5, 1992, Planning Commission Meeting was called to order by Chairman Loftus at 7:30 P.M. Those present were Commissioners Loftus, Arnold, Wells, Roseth, Director of Planning Horst Graser, Associate Planner Sam Lucast, and Secretary Rita Schewe. ITEM I - REVIEW MINUTES OF PREVIOUS MEETING MOTION BY WELLS, SECOND BY ARNOLD, TO APPROVE THE MINUTES AS WRITTEN. Vote taken signified ayes by Loftus, Arnold, Wells, and Roseth. MOTION CARRIED. Horst Graser presented an update on ongoing and possible upcoming projects for Prior Lake. ITEM II - HEARING - JON MCLAIN - SIDEYARD LAKESHORE, AND LOT COVERAGE VARIANCE Due to a miscommunication at the time of the original application, the variances requested should have read 5.5 sideyard, 32.5 lakeshore, and a 9% lot coverage for 5426 Fairlawn Shores Trail. Sam Lucast presented the information as per memo of March 5, 1992. The design for the planned construction was not altered and the correction will result in a decrease of impervious surface, and increase the larger setbacks from the lakeshore, and the side property line. Staff's recommendation is to approve the variance application as it is consistent with the intent of the zoning code and will not be detrimental to the general health and welfare of the neighborhood. Comments from the Commissioners were in favor of the revised figures and in granting the application. 4629 Dakota St. S.E.. Prior Lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax(612)4474245 PLANNING COMMISSION MEETING MINUTES MARCH 5, 1992 PAGE 2 MOTION BY ROSETH, SECOND BY WELLS, TO APPROVE A 5.5 FOOT S'IDEYARD, A 32.5 LAKESHORE VARIANCE, AND A 9% LOT COVERAGE V €aRIANCE FOR 5426 FAIRLAWN SHORES TRAIL. RATIONALE BEING THERE WOULD BE A DECREASE IN THE IMPERVIOUS SURFACE COVERAGE, THE LOT IS A SUBSTANDARD LOT WITH A LEGAL NON- CONFORMING STRUCTURE SETBACK, LARGER SETBACKS FROM THE LAKESHORE AND SIDE PROPERTY LINES WILL BE CREATED WITH THE ADDITION AND ELIMINATION OF PART OF THE EXISTING DECK, IT IS CONSISTENT WITH THE ZONING CODE AND WOULD NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE OF THE COMMUNITY. Vote taken signified ayes by Roseth, Wells, Loftus, and Arnold. MOTION CARRIED. ITEM III - STAFF - DISCUSSION - PLANNING COMMISSION RETREAT A tentative date was agreed upon of April 1.1, 1992, at Canterbury inn for a one -day retreat. Topics suggested were future airport impact, Mdewakanton Sioux Community long range plans, Met Council restrictions, ethics, meaning of suburb status, outline on growth and planning, government by referendum, and impact fees. Mr. Graser advised the Commissioners that he would consider several items from the list of topics to present at the Retreat. MOTION BY ARNOLD, SECOND BY ROSETH, TO ADJOURN THE MEETING. Vote taken signified ayes by Arnold, Roseth, Wells, and Loftus. MOTION CARRIED. Meeting adjourned at 8:30 P.M. Tape of meeting on file at City Hall. Horst Graser Rita M. Schewe Director of Planning Recording Secretary R$IAGE HILLS O d:4 , $UBDIVISION SI- IOTA S �_ s _� � �'^� � '� ✓ d ry[ - � � � �IU �i: EON KRU GNk V RI SITE .....a N V.$,�. SITE fl %�ni y , z {{ 1 ve�oa uNe I f o ` 0 J ♦ y /,j PRIG, HERITAGE COMMUTY � N v 1891 1991 a i a / � T "VA05PC" PLANNING REPORT SUBJECT: VARIANCE APPLICANT: CURT & EVELYN MOEN SITE ADDRESS: 16276 LAKESIDE AVENUE PRESENTER: DEB GARROSS, ASSISTANT CITY PLANNER PUBLIC HEARING: YES X NO DATE: APRIL 2, 1992 HISTORY /BACKGROUND ne Planning Department received a variance application from Curt and Evelyn Moen of 16106 Creekwood Road, Prior Lake. The request is to consider a 4.23' northeast, side yard variance, in order to build a new single family home as proposed on the attached survey. PREVIOUS PRO ?OSALS: The su 7ec site was formerly owned by Mr. Elmer Clark and was administratively subdivided in September, 1991. The subdivision divided Lot 19, Lakeside Park, into two halves and each part was added to adiacent Lots 18 and 20, Lakeside Park. The resulting tracts consist of 23,859 and 20,819 square feet of lot area. The subject site is Tract A, containing 20,819 square feet and 90' feet of lot frontage on Lakeside Avenue. The site conforms to the standard lot size requirement of the Shoreland District. However, the tract is somewhat pie shaped and diminishes to 75 feet at the 904 contour. The lot width at the proposed building line is 78 feet. PHYSIOGRAPHY: The s�'site, like most of the lots within Lakeside Park, contains a steep slope, dropping approximately 35 feet from the front property line, to the lakeshore. The lot contains many large male trees, some of which were removed prior to this application, in order to provide a building pad. The applicant has planted several trees along the lakeshore. ADJACENT USES: T e T a a d'Jeaent neighborhood is developed with a mixture of single family homes, duplex units and old cabins. There are also several vacant parcels located southwest of the subject site that Will likely be re- subdivided at some future date. The site is zoned R -1 Urban Residential and S -D, Shoreland District. PROBLEMS OPPORTUNITIES: Sta f is concerned a -out granting the requested variance due to ns. it hardship the large lot size involved and the steep slope conditio is the responsibility of the applicant to demonstrat exists, according to the standards of the Zoning Ordinance. This 4629 Dakota St. S.E.. Prior lake. Minnesota 55372 Ph. (612) 447 -4230 / Fax (612) 4474245 lot i over twice the size of a lot considered to be substandard, by Shoreland Management provisions. (A substandard lakeshore lot of record is defined as 7,500 square feet of lot area and 50' feet of lot width). One could argue that the lot is somewhat irregular in shape in that the front property line measures 93.75 feet, yet the lot width is actually 78( + / -) feet. However, 80 foot wide lots are the standard width for single family lots, established by the 1983 Prior Lake Zoning Ordinance. Staff is concerned that it will be difficult to deny future variances on lots that conform . to the current zoning standards, if this variance is granted. Side yard variances are generally granted only for substandard lots and in cases where unique natural features or odd lot shapes exist. The Planning Commis3ion has found that small "ots provide a hardship for development and as such, have granted limited side yard variances in an attempt to {provide some degree of flexibility for architectural design, that is precluded by narrow lot width. Staff believes that the subject site is of sufficient size to provide reasonable architectural flexibility and sufficient building area to construct a home in accordance with the required setback standards. A second concern is that the site was recently subdivided. If the applicant requires a larger lot size to build the desired home, the parcel should not have been divided. The applicant was aware of the lot size at the time of subdivision, and should have Planned appropriately, for a building pad, conforming to setback standards of the Zoning Ordinance. A third concern relates to lot drainage. This lot contains a steep slope and no dedicated drainage easements. The adjacent lot to the northeast is developed with a single family home. Staff is concerned that it will be difficult to control drainage along the northeast lot line if the home is built within the required setback. The drainage arrows on the survey do not address lot drainage along the side lot line where the variance is requested. It is probable that water will drain from the structure to the northeast. At a minimum, the applicant should be required to provide a specific grading and drainage plan that addresses how water will be drained, along the northeast property line. Such a plan should also include architectural elements addressing roof pitch, location of eaves and use of gutter and down spouts. RECOMMENDATION: The recommen ation from staff is to deny the variance on the basis that the subject site is a legal conforming lot. The site was recently subdivided and as such, provides an adequate building pad that conforms to setback requirements. There are no unique characteristics with respect to the subject site. In fact, the site is approximately two times the size of lots generally considered as substandard and subject to variances. Staff recommends that the applicant review alternate design options that will fit within the required building envelope. There is no demonstrated hardship as outlined by the Zoning Ordinance. The lot is not unique and as such, the variance would not be consistent with the spirit and intent of the Ordinance. The hardship is caused by the design option chosen by the applicant, not the provisions of the Zoning Ordinance. Staff is concerned that a precedent may be established for granting side yard variances to large tracts. There are several vacant parcels near the subject site that will likely be redivided at some future date. The Planning commission should carefully consider the negative ramifications that could affect future building activity on lots that conform to the current Zoning Ordinance requirements. In the event that the variance is granted, specific circumstances, unique to the site and consistent wi the hardship language of the Zoning Ordinance, must be made part of the record in order to distinguish this application from future variance requests. PIDi as -v9c,- en CITY OF PRIOR LAKE APPLICATION FOR VARIANCE Phone: 447 -2003 Phone: 532 -5391 Phone: Type of Ownership: F Consultant /Contractor Purchase Existing Use of Property: vacant land Present Zoning: Proposed Use of Property: single family hone Legal Description of Variance Site: Legal to confirm to address 16276 Lakeside Ave. S.E. Variance Requested: 4.23 feet on N.E. lot line Has the applicant previously sought to plat, rezone, obtain a variance or conditional use permit on the subject site or any part of it? __x ___Yes _No What was requested: replat 3 lots into 2 lots Describe the type of improvements proposed: build new house SUBMISSION RDDUIRQ1ENfS (A)Completed application form. (B)Filing fee. (C)Property Survey. (D)Certified from abstract firm, names and addresses of property owners within 100 feet of the exterior boundaries of the subject property. (E)Complete legal description 6 Property Identification Number (PID). (F)Deed restrictions or private covenants, if applicable. (G)A parcel map at 1 "- 20' -50' showing: The site development plan, buildings: parking, loading, access, surface drainage, landscaping and utility service. ONLY COMPLETE APPLICATIONS SHALL BE REVIEWED BY THE PLANNING 07tMIISSI0N. To the best of my knowledge the infornetion presented on this form is correct. In addition, I have read Section 7.6 of the Prior take Zoning Ordinance which specifies requirements for variance procedures. I agree to provide informati n and follow the procedures as outlined in the Ordinance. C — L , - E licents Signature Submitted this--!-day of X 199 L Owners Signature r THIS SPACE IS 9D BE FILLED OUT BY THE PLANNING DIRECTOR PLANNING OOMMISSION _ APPRO/FD _ DENIED DATE OF HEARING CITY COUNCIL APPEAL _ APPROVED _ DENIED DATE OF HEARING. CONDITIONS: Signature of the Planning Director Date t Pia s } Oil RIPPION 1r A: a Got 20, and that part of Cot 19, I,MMIDE PARK", $tgtt Counr], Minnesota lying rortheasterly of the following destribH line: Beginning ae a point on the utheasterly line of said Wt 19, distant V-35 feet northerly of the host southerly mtner of acid We 19; thence northwesterly to a point an the northuxsterly line of said Lot 19, distant 25.02 feet northeasterly of the exist westerly tourer of said We 19, sit, Jare terminating. Denotes Existing Elevation •Q Denotes Proposed Elevation Denotes Drainage ! UtIlty Easement \ o -- Denotes Drainage new Direction n I Denotes Monument 'I Denotes Offset Hub \! BeoHngs shown are assumed \f - - 119121fill 1914 Comfieate of Survey fa: ARLINGTON HOMES PROPOSED HOUSE ELEVAl1OH Lowest Flow Elevotlon. 92c, Top of Slack Elevation 9210 Garage Slab Elevation: 929.7 b ? taus r�� • ` Q ' wJ r 951. 14 S F r 1� 9te.b 5. e . a esp 16 11 a w a a °f � 9ns ».+. s.... .. w . C..,R3 -loi Nd Fv` 1 Eity- '���•5n�>�"3Z�./yM...a.. e u..... s -tv1 "ap ape 9..i N� k ale: 1 "�^ -30+ «! !� RnaMEr. Mmin. r.S -. Ow. 1F TT62 -- "VA05PN" HERITAGE 1891 COMMUNITY 1991 NOTICE OF HEARING FOR VARIANCE 2e9l You are hereby notified that a hearing will be held by the Planning Commission in the Prior Lake Council Chambers at 4629 Dakota Street S.E. on: THURSDAY. APRIL 2. 1992 at 7:30 _ P.M. PURPOSE OF HEARING: To consider a variance application for Curt and Evelyn Moen of 16106 Creekwood Road, Prior Lake. SUBJECT SITE LOCATION: 16276 Lakeside Avenue S.E. Lot 20 and part of Lot 19, Lakeside Park. (Vacant lot located southwest of 16264 Lakeside Avenue. REQUESTED ACTION: The applicant proposes to construct a new single family home on the lot as shown on the attached survey reduction. The required side yard setback is 10 feet. The proposal is to construct the home 5.77 feet from the northeast side lot line, therefore the applicant is requesting a 4.23 foot side lot variance. 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 Planning Commission. For more information, contact the Prior Lake Planning Department at 447 -4230. Prior Lake Planning Commission DATE MAILED: March 23, 1992 4629 Dakota St. S.E. Prior Lake. Minnesota 55372 I Ph. 16121 4474230 I Fax !61° 4474245 OZ rxir� "VA06PC" HERITAGE COMMUNITY 1891 1991 2091 PLANNING REPORT SUBJECT: VARIANCE APPLICANT: TRACY & KAY VANDENBERG SITE ADDRESS: 4991 BEACH STREET PRESENTER: DEB GARROSS, ASSISTANT CITY PLANNER PUBLIC HEARING: YES X NO DATE: APRIL 2 -1992 HISTORY /BACKGROUND The Ping Department has received a:ariance application from Tracy and Kay VanDenBerg of 15629 Highland Avenue N.W. The proposal is to construct a new single family home at 4991 Beach Street as indicated on the attached survey reduction. The applicants request approval of a 5' foot east side yard variance in order to build the home as proposed. PREVIOUS PROPOSALS There are no previous proposal on record for the subject site. PHYSIOGRAPHY The lot consists of approximately 13,200 square feet of area above the 904 contour and is 44' wide at the 904 and 83' wide at the proposed building line. The lot is relatively low near Beach Street, with a knoll adjacent to the lakeshore. The proposed lowest floor of the home is 910.58 which is compliant with the lowest living elevation permitted by the Flood Plain Ordinance. ADJACENT USES: The adjacent lots to the east and west are developed with single family homes. The lot to the east has the potential to be redivided whereby creating a 100' foot lakeshore lot between the subject site and the existing home. Property located directly to the north is a City owned, storm water retention pond. The rest of the vacant property located north of Beach Street will likely develop with single family homes. The lakeshore setback of the adjacent homes, allow the proposed structure on the subject site, to be located 63 feet from the 904 contour. Section 9.3E 2, permits the use of setback averageing for the subject site. "On undeveloped shoreland lots that have two (2) adjacent lots with existing principal structures on both such adjacent lots, any new residential structure may be set back the average setback of the adjacent structures from the ordinary high water mark or fifty (50) feet, whichever is greater, provided all other provisions of the Shoreland District are complied with." The lot width at the "average" lakeshore setback is approximately 57 feet. 4629 Dakota St. S.E.. Prior Lake. Minnesota 55372 / Ph. (612) 4474230 I Fax t=: 21 447 -4245 EXISTING CONDITIONS: T e a es ore has been developed in a pattern whereby many of the homes in the neighborhood are located closer than 75 feet to the 904. The existing homes are oriented toward the lake and setback well over 25' from the front property line. The significance is that it would be possible to locate the proposed home, on the lot, with no variances. However, the home would look out of place because it would be the only home located close to Beach Street versus the lakeshore. If the home were constructed in the location that meets all required setbacks, the knoll located near the lakeshore would obstruct the view of the lake, from the home. The desirability of the home would be reduced if it would be set back 75 feet from the 904 contour or considerably enhanced if it were placed and oriented to produce continuity with the existing development pattern. The applicant has indicated their intent to utilize the setback average clause to locate the home in a similar alignment as the existing structures within the neighborhood. The lot width at that point is approximately 57 feet. RECOMMENDATION: T e recommen ation from staff is to deny the variance as requested. Staff recognizes the right of the applicant to utilize the setback average to establish the lakeshore setback of 63 feet. It would not be reasonable to require the home to be located near the front setback because that location would preclude view of the lake from the home. Likewise, the development pattern of the neighborhood is toward the lakeshore. It would be possible for the applicant to reduce the amount of variance requested by moving the home 3 feet to the west. If the home were moved, a 2 foot variance from the east property line would be required. Staff is of the opinion that there is hardship to justify a 2 foot side yard variance. The lot is unique due to the knoll that exists near the lakeshore and that the lot is 57' wide at the lakeshore setback line. The variance would observe the spirit and intent of the ordinance in that it is the minimum deviation needed to construct the home in the most logical location on the lot. There are no vacant lakeshore lots near to the subject site, therefore a precedent would not likely be established by granting a 2 foot east, side yard variance. CITY OF PRIOR LAKE APPLICATION FOR VARIANCE Applicant: Tr :t r.. Y tl., L n „% c. 2 b'c r Address: i `i 1 — % n u, /a r n Property Owner: Address• Type of Ownership: Fee Contract WYZ- �?� PIDI S l - GC i U Phone: `/ 4 1 ( �5 6 Y 3 Phone: '7.77- . : •_ Phone: Purchase Existing Use I , of Property: : l Present Zoning: ( C s , r /C- n Proposed Use of Property: ” C' n, e Legal Description of Variance Site: [ ., r- Variance Reauested: ,'- A + "i Cie L! C-( ✓' i c:r1 C C TC, C' cl Has the applicant previously sought to plat, rezone, obtain a variance or conditional use permit on the subject site or any part of it? _Yes __.:::fNo What was requested- When- Disposition: Describe the type of improvements proposed: SUBMISSION REQUIREMENT S (A)Completed application form. (Wiling fee. (C)Property Survey. (D)Certified from abstract firm, names and addresses of property owners within 100 feet of the exterior boundaries of the subject property. (E)Complete legal description s Property Identification Number (PSO). (F)Deed restrictions or private covenants, if applicable. (G)A parcel map at 1 "- 20' -50' showing: The site development plan, buildings: parking, loading, access, surface drainage, landscaping and utility service. ONLY COMPLETE APPLICATIONS SHALL BE REVIWED BY THE PLANNING COE44ISSION. To the best of my knowledge the information presented on this form is correct. In addition, I have read Section 7.6 of the Prior Lake Zoning Ordinance which specifies requirements for variance procedures. I agree to information and follow the procedures as outlined in the Ordinance. '���� Submitted this L7,day of All 1LIZ THIS SPACE IS TO BE FILLED OUT BY THE PLANNING DIRECTOR PLANNING COMISSION _ APPROVED _ DENIED DATE OF HEARING CITY COUNCIL APPEAL _ APPROVED _ DENIED _ DATE OF HEARING WNDITIONS• Signature of the Planning Director Date /F PRI�N V :J HERITAGE 1891 COMMUNITY 4 rtl: f7.1 1991 2nm "VA06PN" NOTICE OF HEARING FOR VARIANCE You are hereby notified that a hearing will be held by the Planning Commission in the Prior Lake Council Chambers at 4629 Dakota Street S.E. on: THU RSDAY, APRIL 2, 1992 at 7:45 P.M. PURPOSE OF HEARING: To consider a variance application for Tracy VanDenBerg of 15629 Highland Avenue N.W., Prior Lake. SUBJECT SITE LOCATION: 4991 Beach Street Lot 1, Block 1, Resurvey of Chatonka Beach. (Vacant lot located east of 4987 Beach Street). REQUESTED ACTION: The applicant proposed to build a new single family home as indicated on the attached survey reduction. The home is proposed to be located 63 feet from the 904 contour of Prior Lake, and 5 feet from the east side property line. The Prior Lake Zoning Ordinance allows for the 63 foot lakeshore setback because it is the average setback distance of the homes located on lots adjacent to the subject site. However, the required side yard setback is 10 feet. The applicant is requesting a 5 foot east side yard variance in order to construct the home in the location proposed on the attached survey reduction. 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 Planning Commission. For more information, or to review the full scale survey, contact the Prior Lake Planning Department at 447 -4230. Prior Lake Planning Commission DATE MAILED: March 23, 1992 4629 Dakota St. S.E., Prior Lake. Minnesota 55372 / Ph. (612) 447 -4230 Fax (612) 447 -4245 49g /' I _ I I . _REQUEST 5' FAST SIDE YARD scar .- .f- : yam _�.. PRIOR LAKE fI1 V<IIfW B9X B�,UG�51 lV, � u141 p1pXNP. XiW F..ILN YV. VV CERTIFICATE OF SURVEY 1 10 PRI k HERITAGE COMMUNITY P%I. Y? 1 1891 1991 209/ "VAOSPC" SUBJECT: VARIANCE APPLICANT: LEON KRUEGER, 16850 WILLOW LANE SITE ADDRESS: 3171 LINDEN CIRCLE PRESENTER: DEB GARROSS, ASSISTANT CITY PLANNER PUBLIC HEARING: YES X NO DATE: APRIL 2, 1992 HISTORY /BACKGROUND The P arming Department has received a variance application from Leon Krueger of 16850 Willow Lane to consider a 14' lakeshore and 4.4' north side yard variance. The proposal is to build a new single family home on Lot 49, Northwood, as per attached survey reduction. PREVIOUS PROPOSALS: There are no previous proposals on file for the site however a controversial variance application for "Paragon Homes" was issued in 1990 for adjacent Lot 50. The issue of that variance concerned the possible combination of two, contiguous, substandard lots of record. After much deliberation before the Planning Commission and City Council, the following variances were granted for Lot 50: 25' lakeshore, 5' front yard and 120 square foot minimum lot area variance. Adjacent Lot 50 was the smaller of the two lots. Variances were granted on the basis that Lot 50 was a legal, lot of record and subject to a building permit, however the City Council did not grant requested side lot yard variances. The Shoreland Management Ordinance was not amended to require the combination of substandard lots. Section 9.3 B is interpreted that contiguous lots under one ownership need only be under separate ownership at the time of building permit rather than the adoption date of the ordinance. Lots 49 and 50 although contiguous, have been under separate ownership, at least since 1990. Therefore, the application before the Planning Commission must be considered upon its own merit. PHYSIOGRAPHY: The lot s opes from Linden Circle to the lakeshore. There is approximately a 24 foot drop from the front property line to the 904 contour of Prior Lake. Two large oak trees are located near the front property line. one of the trees is located within the right -of -way of Linden Circle. The proposed driveway location would eliminate both trees. The street consists of a gravel surface and is not improved with curb, gutter nor storm drains. 4629 Dakota St. S.E.. Prior Lake. Minnesota 55372 / Ph. (612) 447 -4230 / Fax(612)4474245 Staff recommends that the neck of the driveway be reduced at the property line in order to preserve both trees. ADJACENT USES: The adjacent lots are developed with single family homes which are partially indicated on the attached survey reduction. The Linden Circle neighborhood is virtually fully developed with old and new, single family homes. DISCUSSION• The Engineering Department has reviewed this proposal and noted that the existing 15' sanitary sewer easement, located adjacent to the lakeshore, does not cover the existing sanitary sewer line. Staff recommends that the City relinquish the existing easement and that the property owner sign a new easement, copy attached, that provides for the correct easement location over the existing sewer line. Staff received an objection to the proposed side yard variance from Sue Nielsen, 3175 Linden Circle, (Lot 50, Northwood). Ms. Nielsen is concerned that the home will be located too close to their home and that the proposed 15.6 foot separation between the structures is insufficient. Ms. Nielsen noted that their home did not receive side yard setback variances. Ms. Nielsen has no objection to the proposed lakeshore variance. RECOMMENDATION: The recommendation from staff is to approve the 4.4 foot north side yard variance and deny the 14 foot lakeshore variance subject to the following conditions: The neck of the driveway be reduced near the front property line in order to retain the two existing trees. The applicant provide a new easement, as required by the City Engineer, to cover the existing sanitary sewer line located near the shoreline. Staff recommends that the home should be moved 4 feet closer to the front property line, establishing a 65 foot lakeshore setback, which would require approval of a 10 foot lakeshore variance. The variances can be justified on the basis that the subject site is a substandard lot of record, subdivided prior to annexation into Prior Lake. The City has granted similar variances within this neighborhood and others, under like conditions. The Planning Commission should consider that it was the decision of the City Council, upon appeal, to deny side yard setback variances for adjacent Lot 50. There is a clear precedent to grant up to one 5' side yard variance on a substandard lot, consisting of 50' in width. The Planning Commission has found that small lots provide a hardship for development and as such, have granted limited side yard variances in an attempt to provide some degree of flexibility for architectural design, that is precluded by narrow lot width. The process for appeal of the decision of the Planning Commission to the City Council, is available in this case, similar to that of adjacent Lot 50. The reduction of the lakeshore variance from 14 to 10 feet observes the spirit and intent of the Ordinance and would not be detrimental to the health and welfare of the community. The proposal does not require coverage ratio variances and would provide the applicant an opportunity to construct a home in a similar manner as other lakeshore properties. CITY OF PRIOR LAKE PIDI APPLICATION FOR VARIANCE Appl icant: G ,v Home Phone: YY 7- / "3 3 6 Address: lG Asa ii — mid • i.� e. Work Phone: Property Owner : - .� ,� ti �, 6..us MrY Home Phone: 1 1 � (, 1 Address: Fork Phone: ) _c5•. '< ' u� Type of Ownership: F Contract Purchase Agreement Existing Use f of Property: i /w c ate• r C,mT Present Zoning; Proposed Use /� of Property: //":,, . >70 5T_ r.. Legal Description U Of Variance Site: L.. T _Y_-9 Al, N i ti '5,- ( / 5.1 yap.( V.9 /Y/•,�+.� ti n L Variance Requested. '. N D G �. 5 �/ f t CLr rp IS q2���- � Cf1.Ll4.K: Has the applicant previously sought to plat, rezone, obtain a variance or conditional use permit on the subject site or any part of it? _Yes k No What was requested: When: Disposition: Describe the type of improvements SUBM ISSION REOUIREMENfS (A)Completed application form. (Wiling fee. (C)Property Survey. (D)Certified from abstract firm, names and addresses of property owners within 100 feet of the exterior boundaries of the subject property. (E)complete legal description 6 Property Identification Number (PID). (F)Deed restrictions or private covenants, if applicable. (G)A parcel map at 1 "- 20' -50' showing: The site development plan, buildings: parking, loading, access, surface drainage, landscaping and utility service. ONLY COMPLETE APPLICATIONS SHALL BE REVIEWED BY THE PLANNING COMMISSION. To the best of my knowledge the information presented on this form is correct. In addition, I have read Section 7.6 of the Prior Lake Zoning Ordinance which specifies requirements for variance procedures. I agree to.provide information and follow the procedures as outlined in the Ordinance. Submitted thise2-day of - i 19 Applicants Signature f P 0 Owners Signat e THIS SPACE IS TO BE FILLED OUT BY THE PLANNING DIRECTOR PLANNING COMMISSION _ APPROVED _ DENIED DATE OF HEARING CITY COUNCIL APPEAL APPROVED DENIED DATE OF HEARING CONDITIONS• Signature of the Planning Director Date _✓ l✓a�Y C I T Y OF PRIOR L A K E 4629 Dakota Street S.E., Prior Lake, MN 55372 Phone # (612) 447 -4230 - FAX 1 447 -4245 INFORMAL MEMO DATE: TIME: F//"/ TO: SUBJECT: FROM: MESSAGE: 71fE.4L a .r F ,y M S ier ✓ve 5f? ) ./ / / <�Et.S tlst7rn � nip S %�, �Fi✓rr ONF s he 7 S 4 �r Response Required � Yes ✓ // /EW /GRNN /N�i �6Er✓0lt �fl'OM/'r<+VV+tTie,.i NO 3) /l�ST,P.YGT �.a o�L+.rTY emm ho. AM AIM ULLU a. nn.wu ry Owemrwlpe Carpermron No delinquent taxes and transfer entered: Certificate of Real Estate Value ( 1 filed ( ) not required Certificate of Real Estate Value No. ,19 County Auditor STATE DEED TAX DUE HEREON: S Date: 19 FOR VALUABLE CONSIDERATION, Kathleen M. Genemer a single oars.. Grantor (t), mr11Y nruY hereby conveys) and quitclaim U) to the Citv of Prior Lake , Grantee, a Mun£c coal Corporation order the laws of Minnesota , real property In Scott County, Minnesota, described as follows: A 15 foot permanent easement for sanitary sewer purposes over, under, and across Lot 49 according to the plat of NORTHWOOD on file in the office of the County Recorder, Scott County, Minnesota. The centerline of said easement 18 described as follows: Beginning at a point on the southwesterly line of said Lot 49 distant 206.86 feet southeasterly of the most westerly corner thereof; thence northeasterly 49.48 feet more or lees to a point in the northeasterly line of said Lot 49 distant 162.81 feet southeasterly of the most northerly corner thereof and said centerline there terminating. Said permanent easement contains 742 square feet more or leas. 1 H mpr IpaY II IlataM. YnIMNe ss ba1e1 together with all herediesments and appurtenances belonging thereto. Affix DnA TaR Stamp Item SPATE OF MINNESOTA es. COUNTY OF Kathleen M. Genemer The foregoing Instrument was saknowledgrA before me this day of ,1q_, by , Geantorpl. NOTARIAL aTAYe oR eHL mR OrMSk TRLe OR RAM al NATURE Or MASON TAKEN A 514 M wl Y O�aY WE W Wlr•AYYa Y YY YMr•YI iOYY CI TY OF F PRIOR OR {OMrr {O {Y mAY {ANOAOnlaaeN CITY LAKE Engineering Department 4629 Dakota Street S.E. Prior Lake, MN 55372 A r ` u r N ar HARRY S. JOHNSON COMPANIES CERTIFICATE OF SURVEY ��. FOR 1/2'1 MRS. -55r PK >5' . Av e `.3 Qe c. ? 9B ; — � I I • °;r . -sA.LB 1' =80' O Oex,OTW IRA! N,Ow UMEHT — 9 0 4-- pt(ISTO.af aowfoum �NLH Wes"! Yr I 't oC woe .wT �CL\ ; w A loli g2L91 . ) PFw N" M ••• v LL I vg t lul Ii • •, � ems.,,, w ^ ; pmp 4I I. pn,t u c, p••vo.o. fM t.•.'Y EGNe1 LIN6 �'JI �1Gf 1 I hereby cer [Fmt this is a true and correct representation of a survey of the boundaries of: Lots 49 and 50, NORTHWOOD, according to the recorded plat thereof, Scott County, Minnesota. it also shows the location of all buildings thereon and all visible vncreachinants, if any, from or on said land. As surveyed by me or under my direct supervision this 6th clay of June, 1990. / �- -_ __. .. .:�'� - .T:.:1{ t...•F5 :l =v:N f'"ry S Johnson, Land Serve, or INC. � ✓x - - bM e I F� -pMN1 f'"19j 1 5 - '� 4 •7 • f7H.Rr + Si, P •, � ems.,,, w ^ ; pmp 4I I. pn,t u c, p••vo.o. fM t.•.'Y EGNe1 LIN6 �'JI �1Gf 1 I hereby cer [Fmt this is a true and correct representation of a survey of the boundaries of: Lots 49 and 50, NORTHWOOD, according to the recorded plat thereof, Scott County, Minnesota. it also shows the location of all buildings thereon and all visible vncreachinants, if any, from or on said land. As surveyed by me or under my direct supervision this 6th clay of June, 1990. / �- -_ __. .. .:�'� - .T:.:1{ t...•F5 :l =v:N f'"ry S Johnson, Land Serve, or INC. � ✓x f / HERITAGE CO1tiL"- :UNITY 1891 1991 �� r "VA08PN" NOTICE OF HEARING FOR VARIANCE You are hereby notified that a hearing will be held by the Planning Commission in the Prior Lake Council Chambers at 4629 Dakota Street S.E. on: THURSDAY, APRIL 2, 1992 at 8:00 P.M. PURPOSE OF HEARING: To consider a variance application for Leon Krueger, 16850 Willow Lane, Prior Lake. SUBJECT SITE LOCATION: 3171 Linden Circle Lot 49, Northwood. (Vacant lot located between 3147 and 3175 Linden Circle) REQUESTED ACTION: - The applicant proposes to construct a new single family home as indicated on the attached survey reduction. The required Lakeshore setback is 75 feet, measured from the 904 contour of Prior Lake. The required side yard setback is 10 feet. The applicant requests approval of a 14 foot lakeshore and 4.4 foot north side yard variance in order to build the home as proposed. 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 Planning Commission. For more information, contact the Prior Lake Planning Department at 447 -4230. Prior Lake Planning Commission DATE MAILED: March 23, 19922 4629 Dakota St. S.E.. Ptior Lake Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 4474245 SURVEY PREPARED FOR Valley Surveying Co., P A. LEON KRUEGER SUITE 120 -C , 16670 FRANKLIN TRAIL 1685 WILLOW LANE FRANKLIN TRAIL OFFICE CONDOMINIUM PRIOR LAKE, MN 55372 PRIOR LAKE, MINNESOTA 55372 TELEPHONE (612) 447 -2570 REQUEST 4.4' NORTH SIDE YARD AND 14' LAKESHORE VARIANCE �CIS W olo f � 0 3 -t E DESCRIPTION, Lot 49, NORTHWOOD, Scott County, Minnesota. Also shoeing the location of the proposed house as staked this 10th day of March, 1992. Notes Benchmark elevation: 910.00 spike in 8" oak tree as shown on the survey.draeing. 917.0 Denotes existing grade elevations on site x Denotes proposed finished grade elevations .+-- Denotes proposed direction of finished drainage Set the garage slab at elevation 926.10 Set the top of block at elevation 926.43 The beaesent floor elevation is 918.43 The net lot mesa above E1. 904 = 7,SSS square feet PRIOR LAKE, MN 55372 PRIOR LAKE, MINNESOTA 55372 TELEPHONE (612) 447 -2570 REQUEST 4.4' NORTH SIDE YARD AND 14' LAKESHORE VARIANCE Gif - /r dlol a9 _� _, ea 'Y '•. ; + f °��> .arc••° y z a ' sous , A ` ff.• .,f A fa ,. m %f (xf IL .RM efa/ 1 ,r d� e: PRIOR LAKE / e4 .bY. DESCRIPTION% Let 49, NORTHWOOD, Scott County, xianesote. Also shoving the location of the proposed hones as staked this 10th day of Msroh, 1992. Notesl Benchmark elevation: 910.00 spike in 8" oak tree ea shom on the nwvey.drawing. 917.0 Denotes existing grade elevations on site 25. Denotes prcpoeed finished grade elevations -e-- Denotes proposed direction of finished drainage Set the garage slab at elevation 926.10 Set the top of block at elevation 926.43 The basement floor elevation is 918.43 The net lot area above E1. 904 = 7,888 square feet O O 30 60 I ufl+6, mNfy sea sa mo, sy.m roper 1, M or mar m feel aoe„igm ad %M% _ Imseal/NeeW lsM lrf9r,m/y lM SCALE IN FEET Was of se 9wle Ifl ssroro. i o anrff kKkfKlmcaly n icona, l fN 8 nv No ey _ Lia,ae xo lee! [M�i �Lirrma No. 16163 '. • 6m um Won m assa et Nme 0 D.n e . FK. Nall .r FILE x0 696F POCK l65 MBE $ — PLANNING REPORT SUBJECT: PRELIMINARY PLAT OF CARRIAGE HILLS APPLICANT: WARREN J. ISRAEL.4ON SITE ADDRESS: SOUTHEAST OF INTERSECTION 21 and 42 PRESENTER: HORST GRASER, DIRECTOR OF PLANNING PUBLIC HEARING: X YES NO DATE: APRIL 2, 1992 Mr. Warren Israelson, the applicant, has submitted an application for preliminary plat approval for a 97 acre single family development consisting of 223 lots. The applicant has owned the property for five years during which he appeared before the Planning Commission and council on several occasions with development related issues for the site. This application is submitted under Prior Lake Ordinance 87 -10 (Subdivision Ordinance). SITE ANALYSIS HISTORY /BACKGROUND The 97 acre subject parcel is the last undeveloped part of the Kopp farm, which at one time included Raspberry Ridge development and the Kopp's Bay lakeshore additions. The Kopp farm site including the home and several out buildings, although dilapidated, remains standing in the south center of the parcel. It is interesting to note that the farm site is located on the property's highest elevation and adjacent to significant natural features. Views over adjacent ponds, Prior Lake, and the Minnesota River Valley make this location desirable in spite of its long access drive from County Road 21. Approximately ten years ago the Chicago - Milwaukee -Saint Paul Railroad was abandoned leaving a 100 foot corridor to be merged with adjacent property. This corridor consumed about six acres of the site. Construction of the rail line resulted in some steep grades and rendered about 15 acres of land between the rail line and County Road 21 unsuitable for farming. PREVIOUS PROPOSALS The developer came before the Planning Commission in 1989 with a comprehensive plan amendment and zoning change from industrial to residential use. The Council denied the request but commissioned a study to find alternative industrial sites in the community. The studies conclusion has since been adopted by the Council which recommended that the subject site be down zoned to single family residential. The developer was recently successful in amending the comprehensive plan and zoning ordinance to single family residential. The Metropolitan Council is currently considering the Comprehensive Plan Amendment. 4629 Dakota St. S.E.. Prior Lake. Minnesota 55372 1 Ph. (612) 4474230 / Fax (612) 447 424,5 PHYSIOGRAPHY: The parcel has about 70 feet of relief sloping from the southeast to northwest. Six wetlands contain or retain water depending on the amount of runoff or precipitation. The southeast corner and east side of the parcel contain natural features that will require the greatest development restrictions, but will contain the highest amenity lots. The design of this area must be sensitive and respectful of these neighborhood identifying natural features. A significant access point should be planned for the public to share these features. Also, roads and utility extensions should be closely analyzed for purposes of extensions to avoid development hardships of adjacent properties. Tree cover is limited to steep slopes found adjacent to the natural features in the southeast corner, along the rail line corridor, and the northern property line. Most of the steep slopes along the rail line corridor were man -made during construction of the rail line. The tree cover along this corridor is of poor quality consisting of volunteer elm, box elder, poplar, and aspen. The development strategy for the north and west parts of the site should be a north -south street orientation to take advantage of existing contours and reduce the amount of grading. A street pattern for the south -east and east parts of the site should minimize the impact on the natural features, capture view corridors, and avoid hardships to abutting properties. ADJACENT USES The adjacent properties on the north, east, and west are vacant and used for farming or grazing of livestock. The property directly to the south is Raspberry Ridge Park which is also the northern boundary for the partially developed Raspberry Ridge Subdivision. Kopp's Bay addition which is a lower density lakeshore development makes limited contact with the subject site in the southeast corner. These two subdivisions are proposed to be connected via a local street in accordance to City policy. The lack of existing uses and /or unique development patterns will not require special design considerations or areas of transition. EXISTING CONDITIONS There are five designated wetlands on the parcel in accordance with the Wetlands Conservation Act of 1991. This Act requires no net loss o.' wetlands. Any wetlands that are destroyed in the development process must be replaced elsewhere on the site or County. Carriage Hills Parkway is a collector road with no direct land access and forms the northern boundary of the development. Local road extensions to the north will be required at appropriate places. The property to the east has topographic limitations that require road extensions to serve isolated topographic features. County Road 21 which borders the property on the west was constructed with inappropriate vertical curves. Such construction makes it difficult to provide safe intersections in hilly areas such as Prior Lake. Raspberry Ridge Park is a linear park adjacent to the south of the development. Various access points must be incorporated in the design of the development. NEIGHBORHOOD ISSUES /IMPACT /CONCERNS A neighborhood meeting was held March 10, 1992, at City Hall for about two hours. The issues of concern were as follows: 1. Density - It was suggested that the density is too high and the developer reduce it by eliminating lots. 2. Road Connection - It was suggested by several members present that a road connection from the development to Manitou Road was not in their best interest. 3. Storm Water Management - Concern was expressed over water quality, especially the receiving ponds in the southeast part of the plat. 4. wildlife system - That design consideration be given of the future park in this area for the preservation of wildlife systems. 5. Design - Considerable discussion occurred relative to the western half of the development. Specific issues included the potential for high speeds, monotony, and repetitive house styles. DEVELOPMENT SUMMARY The property is zoned R -1 Single Family Residential. The minimum lot size is 10,000 square feet and so feet on a public road measured at the setback line. Corner lots must be 20% larger. A 10% park dedication is required. Unusually steep or marshy land will be discounted in accordance to a formula found in the park comprehensive plan. The permitted density is 3.5 units per acre with a maximum lot coverage ratio of 18 %. A minimum of one boulevard tree and one front yard tree will be required both of which must be at least '.5 inches in diameter measured at ground level. A minimum of 4 _nches of topsoil must be spread over the boulevard, front, and side yard, and the same sodded. All lots must have access from a local street with the exception of Carriage Hill Parkway which is a collector and is not permitted direct land access. All housing units must be constructed with one of the following: 1. Single level of living space plus basement. 2. Two levels of living space. 3. Single level of living space plus storage or garage of 330 square feet. The subject property contains 96.59 acres. Of that, 19.12 acres are streets and 16.52 acres is parkland. The proposal contains 223 lots for a net density of 2.31 units per acre (U /A). By the way of comparison Raspberry Ridge is 1.46 U /A, Windsong is 1.13 U /A, Brooksville 6th is 2.43 U /A, Sand Pointe is 2.66 U /A, and the Willows is 1.88 U /A. COMPREHENSIVE PLAN REQUIREMENTS The comprehensive plan as recently amended requires that the parcel be developed as low density residential. Policies 1 - 6 in the Natural Features Section deal with dredging, filling, wetlands, slopes, pedestrian links, and wildlife habitat. A north -south pedestrian trail connecting Raspberry Park with a future park north of the subject development is required to connect the park and open space system. The No Net Lost Wetland Bill requires a wetlands inventory (wetlands to be shown on the survey) and a mitigation plan in the event there is a loss. County Road 21 is classified as an arterial with restricted access. An access permit must be obtained from the County Highway Engineer. The traffic element of the comprehensive plan requires an east -west collector facility along the northern edge of the development. There shall be no direct land access to collector streets. All local roads shall contain 50 feet of right -of -way. The park dedication requirement is 10% of land based on a formula found in the park plan. A neighborhood park is required as part of this development. DEVELOPMENT ANALYSIS The developer has done a good job minimizing grading and filling by designing roadways that take advantage of natural grades. Unfortunately this has resulted in three rather long and straight streets in the western half of the plat. Staff has suggested that a raised median and crosswalk with plant material may mitigate the situation. The developer has suggested he would like to install such improvements where park trails intersect with streets as in Blocks 1, 2, 3, 5, 6, and 7. There are several areas of steep slopes which according to this design will become building pads. However, these slopes were either man -made at the time the rail line was constructed or isolated tilled slopes of just over 20 %. The steep slopes and two ponds in the south -east are being dedicated as park land. A pedestrian trail system will be incorporated from Raspberry Ridge Park to the neighborhood park in this development and eventually extend north when development warrants it. The outlots in Blocks 2, 3, and 6, are walkways to access parks and open space. Although the developer has dedicated 16.5 acres of parkland, he is still about .75 acres short of the requirement (attached please reference a memo from Bill Mangan, Park Director). A major requirement that has not been completed is a wetlands inventory and mitigation plan. The location of the wetlands should be accurately reflected on a survey of the parcel. In this case a mitigation plan is also required since one of the wetlands will be lost to development. Along with the State of Minnesota No Net Loss Wetland Bill, 1s a Metropolitan Council requirement that requires local communities that are tributary to the Minnesota River to have a water quality component in their comprehensive plans. Cities have until June 1 to comply. Until recently, Prior TLake has only t dealt with be storm water quantity and not quality. the first to undertake storm water quality through proper ponding, flow restrictions, and the creation of sedimentation ponds. At the time this memo was prepared. the storm water plan was not completed. If additional ponds are required it will change the refer design of this subdivision. For additional detail please Works to the attached memorandum from Larry Anderson, Director. The southern access point to County Road 21 is not 'safe due to short sight lines. A temporary access has been Suggested over Lot 2, Block 1, until County Road 21 is reconstrubted and its vertical curves are improved. Carriage Hills:. Parkway has adequate sight lines at County Road 21 and is proposed to be constructed in 1993. The developer has provided extra depth for lots in Block 1 due to the negative impact of County Road 21. The County Engineer has requested an additional 12.5 feet of right -of -way for County Road 21 which should be dedicated as part nned between platsubjectfparceleandstManitouTeRoad connectio connecti n will greatly benefit the future development of the adjacent vierling property. The tree planting plan that is attached is deficient. Corner lots v two fronts each of which requires plantingplanindicates trees for onlyonefr trees. front on Corner lots. STAFF RECOMMENDATION The preliminary plat is deficient in a number of areas primarily in the areas of engineering detail for the installation of utilities. Although both the Park and Engineering Departments have established deficiencies which may change the design of the plat. Deficiencies include: 1. Park dedication requirement 2. Tree planting plan 3. Storm water management and quality plan q. Street profiles 5. Additional right -of -way for County Road 21 6. Wetlands inventory and mitigation pla.i Staff recommends that public testimony be taken and the discussion of items occur. However, the hearing should be continued until the applicant can satisfy all the requirements of the ordinance. LF PRIfj\ � T HERITAGE 1891 COMMUNITY 1991 M E M O R A N D U M TO: HORST GRASER, DIRECTOR OF PLANNING FROM: BILL MANGAN, DIRECTOR OF PARKS AND RECREATION, R£: PARK DEDICATION FOR CARRIAGE HILLS DATE: MARCH 26, 1992 Vl fft7, 4 n I have reviewed the preliminary plat of Carriage Hills as submitted by Warren Israelson is regard to the application of the Park Dedication requirement. This is a 97 acre subdivision which would require a land dedication of 10% (9.7 acres) of dry, stable land for park purposes. In my review, I have digitized each outlot and applied the principles for parkland as described in the Park Comprehensive Plan. My findings are as follows: OUTLOT A Outlot A will be used entir'el Stormwater Management and, as such, would not be able to qualify for parkland. OUTLOT B Outlot B is entirely dry, sta le upland and the full 5.47 acres would qualify for 100% dedication. This is the parcel that I indicated to Mr. Israelson that I would like to see as the neighborhood park in this area. It meets the minimum requirement of 5 acres and is entirely useable for this purpose. I requested 50' access points to the park but I have accepted the 30' access' as shown: on the plat. OUTLOT C Outlot C contains the largest discrepancy from what was submitted and what is required. Mr. Israelson indicates a total acreage of 9.18 while I have digitized 9.03, .28 less than what the plat shows. In addition, there is 3.78 acres of <20% slope (the plat shows 3.5) 1.55 acres of pond (listed as marsh in the plat), 2.25 acres of >20% slope (shown as 2.49 in the plat), and 1.55 acres of flat land (the same as shown in the plat). With the ponds receiving no credit because they are standing water, not wetland, I can give a total credit as follows: 3.78 acres of <20% slope .95 acre credit (25 %) 1.45 acres of pond 0.0 acre credit 2.3 acres of >20% slope 1.15 acre credit (50 %) TOTAL 9.03 acres as snown I.. -_- Mr. Israelson has cinsented to my request of a minimum of 200' of exposure along the roadway north of the pond. This opening will provide tremendous views of the pond and natural areas along Raspberry Woods Park. This opening should be even greater than 200', however, I have agreed with Mr. Israelson that 200' would be the minimum requirement. 4629 Dakota St. S.E.. Prior Lake. Minnesota 55372 I Ph. 1612) 447 -4230 ! Fax(612)4474245 CARRIAGE HILLS PARK DEDICATION page 2 OUTLOT D AND E Both of these outlots werewere origina"y requested to be 50 Mr. Israelson has dedicated 30' on the plat which is still wide enough to construct a walkway and not feel like you are trespassing by walking between the homes. I have accepted the 30' as minimum width for these outlots. Both outlots have been given full credit (1008). OUTLOT F For some reason, Outlot FF o�y aappears to be 25' wide instead of the r to meetuthefminimum requirements of 301 for b r a walkway. As a result of all of these computations and digitizing of the proposed parkland, I have determined that the plat should have a total dedication of 9.7 acres and my calculation indicate that it consists of 9.07 acres. At this point, we are about 3/4 of an acre shy of meeting the Park Dedication requirement. This could easily be accomplished by making Outlots D and E 50' wide, and by widening outlot F to 50' and by widening the access to outlot C and B. In addition, there is shown a 20' walkway at the very southeastern portion of Outlot C (next to Lot 8, Block 13). This walkway must also be increased to a minimum of 30' for trail /walkway purposes. If you have any questions, I would be available to go over these calculations. Thank you. I N T E R O F F I C E M E M O R A N D U M TO: HORST GRASER, DIRECTOR OF PLANNING FROM: LARRY J. ANDERSON, DIRECTOR OF PUBLIC WORXS SUBJECT: CARRIAGE HILLS DATE: MARCH 26, 1992 The purpose of this memorandum is to review the Carriage Hills preliminary plat. STREETS 1. The plat is adjacent to CSAH 21. CSAH 21 is i:i Scott County's Capital Improvement Program to be widened to a four lane roadway in 1995/1996. Two (2) streets, Carriage Hills Parkway and " A " Street intersect CSAH 21. The sight distance at the intersection of " A " Street and CSAH 21 is inadequate and if constructed at that location with the current vertical alignment of CSAH 21, serious accident potential will exist. The intersection of "A Street needs to be temporarily relocated to the north to cross Lot 2, Block 1, until permanent improvements are made to CSAH 21. At the time that the improvements are made to CSAH 21, " A " Street would be relocated to the proposed location as shown on the plat. 2. Scott County has requested additional ROW for the proposed improvements to CSAH 21; the developer will be addressing the additional ROW request. 3. Carriage Hills Parkway (Carriage Hill Road) is an east /west collector which will provide access to CSAH 21 and CSAH 42 from this area to Sand Pointe. It is proposed that Carriage Hills Parkway be a four lane curvilinear parkway, with grass median, sidewalk, bikeway, trees, and landscaping. No individual lot access will be provided to Carriage Hills Parkway. The City is in the process of adopting a Street Collector Fee to fairly distribute the costs of collector streets and to extend NSA dollars. In preliminary discussions with the developer, he is amenable to a Street Collector Fee. A portion of Carriage Hills Parkway is on the Leo Vierling parcel. The Street Collector Fee and /or NSA dollars could be used for ROW acquisition for Carriage Hills Parkway. Some of the vertical profiles do not meet 30 m.p.h. design. The developer has agreed to modify those to conform to 30 m.p.h. design standards. "B" Street will eventually connect to Manitou Road when the Leo Vierling parcel is developed to the east. WATERMAIN 1. Water service to the plat will be provided from Manitou Road and an extension from Raspberry Ridge along CSAH 21. The watermain extension along CSAH 21 will be a sixteen (16) inch trunk and will be extended through the plat on "F" Street. The oversizing cost and the extension from Raspberry Ridge will be paid by the City. The developer will pay a Trunk Sewer and water Fee which will offset the City's expenditure. SANITARY SEWER 1. Sanitary sewer service will come from the MWCC Interceptor on the Jeffer's parcel to the west and the line immediately north of Manitou Road. The extension from the MWCC line will be paid by the City to the edge of the plat. The cost of this will be offset by the trunk sewer and water fee collected from the developer. WETLANDS 1. The developer contracted with Barr Engineering Company to determine the extent of wetlands on site. The purpose of this was to determine what wetlands are subject to the Wetland Conservation Act of 1991 and those regulated by the Army Corps of Engineers. Five wetlands were determined to be on -site. The boundaries of the wetlands have been located in the field. The developer has been asked to locate on the plans that have been submitted, the extent of the wetlands and to provide a replacement plan for one of the five wetlands which is proposed to be filled. The City is the Local Government Unit (LGU) which will determine if the overall plan is in compliance with the Wetland Conservation Act of 1991. City Staff will utilize the Scott County Soil and Water Conservation District and the Board of Water & Soil Resources (BWSR) to assist in determining compliance with the Wetland Conservation Act of 1991. More information needs to be provided to determine if the plan is in compliance. STORMWATE & WATER QUALITY 1. The developer has not completed the plan to address stormwater and water quality, but is working with Staff to provide an acceptable plan. The intent is to provide on -site ponding to retain stormwater runoff from the site to pre - development rates, and to improve stormwater quality. At this time, no formal plan has been submitted for review; however, a plan is expected prior to the Planning Commission Meeting. Staff and the developer are utilizing a manual entitled "Protecting water Quality in urban Areas", which was developed by the MPCA. In addition, the Prior Lake /Spring Lake Watershed District Engineer will be requested to review the plan to determine compliance with the 509 Plan. The location and extent of ponding may affect the layout of the lots on the plat. GENERAL COMMENTS 1. Preliminary plat review cannot be completed until the above points are adequately addressed. THE PROPOSED SUBDIVISION Or CARRIAGE HILLS IN PRIOR LAKE By: Progress Land Company, Inc. 14300 Nicollet Court, Suite 335 Burnsville, WIN 55337 THE PROPOSED SUBDIVISION OF CARRIAGE HILLS IN PRIOR LAKE By: Progress Land Company, Inc. 14300 Nicollet Court, Suite 335 Burnsville, MN 55337 PRELIMINARY PLAT OF CARRIAGE HILLS P A A X WAY I 1 0 N A� A W AI.T N RMAN-- CARRIAGE E[LLS PNCKI 'EMEIREENING.I. IT , L-E PRELIMINARY RLA� 'Ala I F1 LEGEND ING w E N IEG. GG IS 10 p �.: w I a IS ,o R E IS i - ����• o � 13 �� N REPIAGE ILLS PPJWER ENGINEERING, iI C,T Sl NiGN L CONSULiINU ENGI.I PRELIMINARY SITE u IS R e, }iiLVIiSES + r ij �•' RIOGE �� EPR e PR 'O _ ^^' PFOASg Ff1GiNEERIXG.INC. PROGRESS I O CG.. MC. CGRRIAGE HILLS Co__ EIGINFFA$ PRIOR 'yE MNXESOfn PRELIMINARY PLAT OF CARRIAGE HILLS THE PROPOSED SUBDIVISION OF CARRIAGE HILLS BY PROGRESS LAND COMPANY, INC. INTRODUCTION CARRIAGE HILLS is a proposed subdivision abutting the east side of County Road 21 located one half mile south of County Road 42. The proposed subdivision derived its name from the proposed major collector street located near the northerly boundary of the project. The collector street, which is named CARRIAGE HILLS PARKWAY will serve as the major access point for the future residents of the area and will have a "Parkway" feel to it with divided medians, decorative lighting and abundant landscaping. The site has several significant features that will enable us to produce a high quality neighborhood, and yet still be affordable. The parkway to the north, the beautiful woods and pond near the southeast corner of the site, the rolling topography, and the five and one half acre park in the center of the project all combine to create an exciting place to live. While quality will always be a priority, I want to produce various housing opportunities that will be affordable to most people that will want to move into the Prior Lake area. Therefore we will be using the tag line "Affordable Excellence ", which incorporates both priorities. I. PROJECT DATA The site contains a total of 96.59 acres and will consist of 223 lots. Which yields a gross density of 2.3 units per acre. Lot sizes range from 10,000 square feet to 20,570 square feet with the average lot size being 11,927 square feet. Parkland being dedicated consists of 9.18 acres in the southeast, 5.47 acres near the center of the project and several trail ways for a total of 16.52 acres. More additional data is shown on the preliminary plat. III. DESIGN FEATURES The design of the project required the study of several important considerations. One of the first tasks was determining the alignment of CARRIAGE HILLS Parkway. After several options were investigated, it was decided that the proposed curvelinear alignment near the north boundary was most appropriate. The most significant feature of the site, which therefore required close scrutiny, is the pond and wooded area near the southeast corner of the property. Our design protects the trees, steep slopes and pond in this area. The nine acres we will dedicate as parkland in this area will adjoin and be integrated with Raspberry Park. In addition, the plat includes a 200 foot strip of land on the street for public access and viewing to the park. The recently approved comprehensive plan amendment requires a five acre park in the north central portion of the project and a trailway to be provided along a North -South corridor from the five acre park to the extension of Raspberry Park. This will ultimately give hiking opportunities from the proposed park in the V.ierling property to the North, through the five acre park and to the proposed trail system in Raspberry Park. In addition to these trails, the project includes trails that will allow walking access to the park for residents from either the easterly or the westerly directions. The abundant leisure and recreational opportunities that these parks and trails offer will enhance the high standard of housing we are proposing. Another site feature that requires attention is the group of trees and steep slopes located in block nine of the preliminary plat. The trees were included in the back yard of the lots abutting them making them very desirable lots. The last design issue we will address in this report is the impact of County Road 21. Due to the projected traffic increase, it was decided to have deeper than normal lots to provide a buffer. The length of the lots backing up to County Road 21 have therefore been increased between 50 and 100 feet. IV My experience has shown me that two very important ingredients in developing a quality neighborhood are having a variety of housing styles and having protective covenants. We will ensure a variety and balance of housing styles by having a major promotion event this fall, which will be discussed in greater detail later in this report. The project will include covenants that will require certain features on each house that will maintain an attractive neighborhood, but not be so restrictive as to be exclusive. The covenants will require such things as brick on the front of homes, minimum roof pitches and minimum homes sizes. There are other things we plan to do to enhance the appearance of the neighborhood. We will be constructing monuments at each entrance to the project that will be made with brick and will be surrounded by a variety of landscape materials. Decorative street lights will be used throughout the project and will be spaced approximately every 3 300 feet. All utilities including gas, electric, phone and cable will be buried underground. V. HOUSING The unique site fea':ures on the property lends itself to two distinctly different types and prices of housing. Approx:_mately one fourth of the homes will have a value of over $150,000.00. These homesites will be in the most desirable area which is in the proximity of the Raspberry Park. These lots will consist primarily of two story homes, with many of them having rear walkouts on the basement level. The homes in this area will typically have fairly extensive landscaping and excellent curb appeal. The balance of the project will have homes priced from $110,000.00 to $150,000.00 with a few homes exceeding $150,000.00. These lots will primarily include split entry homes with some ramblers and two story homes. Each home will be required to sod the front and side yards and have two trees which will conform to the tree planting plan. VI. FALL HOME FESTIVAL The FALL HOME FESTIVAL is a major promotional event that will occur at CARRIAGE HILLS this fall. This event was started by my company last fall at a project in Lakeville and it proved to be very successful. It was attended by approximately 18,000 people over a four week period. The Festival consists of ten model homes, each carefully constructed by a different builder with an emphasis on innovative design. This event is unique in the industry in that it provides activities for children, free refreshments, a car give -away, and seminars related to home ownership. We expect the Festival to give a great deal of exposure to the City of Prior Lake and we encourage the city to assist us in making this event a success by providing materials that will show the benefits of living in Prior Lake. The Festival is scheduled to begin Saturday, August 15, 1992 and continue until Sunday, September 15, 1992. We are extremely excited about having the opportunity of attracting people from throughout the Twin Cities to view the model homes in CARRIAGE HILLS. VII. CONCLUSION I firmly believe that CARRIAGE HILLS is going to be a land; rk neighborhood in Prior Lake. This will be the first neighborhood abutting a "Parkway" collector street. It will have parks and a trail system second to none in the city. It will have vistas of adjacent areas and a variety of housing styles. It will include moderate to higher priced homes with uncompromising quality. It will have what we refer to as "Affordable Excellence ". k e T �T REGULAR PLANNING COMMISSION MEETING AGENDA APRIL 16, 1992 7:30 P.M. CALL TO ORDER 7:30 P.M. REVIEW MINUTES OF PREVIOUS MEETING 7:30 P.M. HEARING VARIANCE STEVE BURDICK SUE JOHNS 7:45 P.M. HEARING VARIANCE DENNIS MCGILL 8:00 P.M. HEARING VARIANCE GOLDEN HOME BUILDERS INC. 8:15 P.M. DISCUSSION LANDSCAPE STAFF ORDINANCE * Indicates a Public Hearing All times stated on the Planning Commission Agenda, with the exception of Public Hearings, are approximate and may start later than the scheduled time. 4629 Dakota St. SE.. Prior lake, Minnesota 55372 / Ph. (612) 4474230 I Fax (612) 447 -4245 AN EQUAL OPPORTL \ITS COLOYER PRlr T \ "I \ \F5 PLANNING COMMISSION MINUTES APRIL 2, 1992 The April 2, 1992, Planning Commission Meeting was called to order by Chairman Loftus at 7:30 P.M. Those present were Commissioners Loftus, Arnold, Wuellner, Director of Planning Horst Graser, Assistant City Planner Deb Garross, Associate Planner Sam Lucast, and Secretary Rita Schewe. Commissioner Wells was absent. Commissioner Roseth arrived at 7:50 P.M. ITEM I - REVIEW MINUTES OF PREVIOUS MEETING MOTION BY ARNOLD, SECOND BY LOFTUS, TO APPROVE THE MINUTES AS WRITTEN. Vote taken signified ayes by Loftus and Arnold. Commissioner Wuellner abstained as he was not present at the previous meeting. MOTION CARRIED. ITEM II - CURT MOEN - VARIANCE Deb Garross informed the Commissioners that the Moen variance had been removed from the agenda by City Manager Unmacht. The applicant wishes to discuss the application further with Staff to determine if a variance is needed. The property owners will be notified if necessary. Discussion followed on the retreat agenda items, building activity, development activity, and the progress of the proposed Super Valu Grocery Store. ITEM III - TRACY VAN DEN BERG - VARIANCE Tracy Van Den Berg, 15629 Highland Avenue N.W., stated they are requesting a 5 foot east side yard variance to construct a single family home at 4991 Beach Street. Bob Banitt, contractor for the applicant, presented information regarding the house and the subject site. Deb Garross presented the information as per memo of April 2, 1992. The lot is not a substandard lot, but is relatively low near Beach Street with a knoll adjacent to the lakeshore. There 4629 Dakota St S.E -. Prior Lake, Minnesota 55372 i Ph..612) 447 -4230 I Fax(612)4474245 AN LQCAL OPPOULNIt EMT. ''EP. PLANNING COMMISSION MEETING MINUTES APRIL 2, 1992 PAGE 2 were no objections from DNR. The house could be built without any variances, however, the home would be out of line with the rest of the existing houses and the view of the lake would be obstructed by tie knoll near the lakeshore. Section 9.3E 2, permits the use of setback averaging for the subject site. In this instance the setback average of adjacent homes is 63 feet from the 904 contour line. If the home were constructed to comply with all required setbacks, the knoll would obstruct the view of the lake from the house. Staff's recommendation is to deny the 5 foot variance and approve a 2.5 foot east yard variance. Comments from the Commissioners were on; tree removal, drainage, easement, and were supportive of the amended variance. MOTION BY ARNOLD, SECOND BY WUELLNER, TO APPROVE A 2.5 EAST SIDE YARD VARIANCE FOR 4991 BEACH STREET RATIONALE BEING THAT IT IS A MINIMUM AMOUNT OF DEVIATION, IS WITHI "N THE SPIRIT AND INTENT OF THE ORDINANCE, HARDSHIP IS CAUSED BY THE TOPOGRAPHY OF THE SUBJECT SITE AND THE VARIANCE WOULD NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE OF THE COMMUNITY. Vote taken signified ayes by Arnold, Wuellner, Loftus, and Roseth. MOTION CARRIED. ITEM IV - LEON KRUEGER - VARIANCE Leon Krueger, 16850 Willow Lane, contractoi " '� ' repre's'enting "'she' property owner Kathy Gensmer, stated they are requesting a 4.4 foot north side yard variance and a 14 foot lakeshore variance for 3171 Linden Circle in order to construct a new single family residence. Deb Garross presented the information as per memo of Aril 2, 1992. There are no previous proposals on file for this site, however, a controversial variance application for Paragon Homes was issued in 1990 for the adjacent Lot 50 which was granted variances by the Planning Commission and the City Council after much deliberation. Staff recommends that the neck of the driveway be reduced at the property line to preserve two large oak trees. There were no objections from DNR. A letter from Sue Nielsen objecting to the side yard variance was received. Also received was a letter containing the names of Barry & Trivia James, Harry & Leslie Maudsley, Herb & June Lemke, Rich & Sheryl Wilfong, Peter Kuehn, Cal & Marge Ells, Dean & Kay Sutliff, and Bill & Mary Lindstrom, voicing their objections to the proposed variances. Staff recommends that a new easement be signed indicating the correct location of the existing sewer lines, the 4.4 foot north side yard variance be approved and the 14 foot lakeshore variance be denied. Staff would recommend a 10 foot lakeshore variance with the conditions listed in the Staff report. Kathy Gensmer, 16989 DeWitt Ave. SW, disagreed with moving the house toward the road. She explained that her view of the lake PLANNING COMMISSION MEETING MINUTES APRIL 2, 1992 PAGE 3 would be obstructed and that her request for a 14 foot lakeshore variance was reasonable considering adjacent Lot 50 received a 25 foot lakeshore and a 5 foot front yard variance. Mike MacKany, 3175 Linden Circle; Dean Sutlief, 3162 Linden Circle; Triva James, 3147 Linden Circle; and Harry Maudsley, 3189 Linden Circle, voiced their objections citing grading, drainage, destruction of the private road during construction, tree removal, parking concerns, driveway location, and design of the house. Comments from the Commissioners were on relocation of the house, drainage, tree location, reversing the house plan, supporting a lesser variance, and reducing the size of the garage. Larry Anderson, City Engineer, presented information regarding the elevation of Lots 48, 49, and 50, stating that the grade of the lot necessitated that the house be placed in the lot as designed. MOTION BY ROSETH, SECOND BY LOFTUS, TO APPROVE A 2.5 FOOT NORTH SIDE YARD VARIANCE AND A 14 FOOT LAKESHORE VARIANCE FOR 3171 LINDEN CIRCLE SUBJECT TO THE FOLLOWING CONDITIONS: I. THE NECK OF THE DRIVEWAY BE REDUCED NEAR THE FRONT PROPERTY LINE IN ORDER TO RETAIN THE TWO EXISTING TREES. 2. THE APPLICANT PROVIDE A NEW EASEMENT, AS REQUIRED BY THE CITY ENGINEER, TO COVER THE EXISTING SANITARY SEWER LINE LOCATED NEAR THE SHORELINE. RATIONAL BEING THE SUBJECT SITE IS A SUBSTANDARD LOT, SIMILAR VARIANCES HAVE BEEN GRANTED WITHIN THIS NEIGHBORHOOD, AND IT WOULD NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE OF THE COMMUNITY. AN AMENDMENT TO THE MOTION WAS MADE TO CHANGE THE GARAGE FROM 28 FEET WIDE BY 24 FEET DEEP TO 28 FEET DEEP BY 24 FEET WIDE, THEREBY REDUCING THE NORTH SIDEYARD VARIANCE TO A .5 FOOT VARIANCE WHICH WAS AGREEABLE WITH THE APPLICANT. Vote taken signified ayes by Roseth, Wuellner, Arnold, and Loftus. MOTION CARRIED. Recess called at 9:00 P.M. The meeting was reconvened at 9:12 P.M. PUBLIC HEARING- WARREN ISRAELSON- CARRIAGE HILLS PRELIMINARY PLAT The Public Hearing was called to order at 9:12 P'1. by Chairman Loftus. The public was in attendance. Warren Israelson, owner and developer of Progress Land Company, presented the proposed preliminary plat of Carriage Hills. The site consists of approximately 97 acres with some wooded areas and so.ae wetland areas. Mr. Israelson showed the location of the lots, streets, and ponds. There are 16.52 acres- of parkland with trailways. The prices of the homes proposed to be built range from $130,000 to $200,000. Protective covenants will be implemented and house styles will be varied. There will be 223 PLANNING COMMISSION MEETING MINUTES APRIL 2, 1992 PAGE 4 lots for a gross density of 2.3 units per acre which is less than the 3.5 units per acre permitted by the Zoning Ordinance. The Fall Home Festival is a promotional event proposed for this fall and the applicant hopes to have several models built by early August. Horst Graser presented the information as per memo of April 2, 1992, cjiving the various definitions on the Site Analysis as listed in the memo. The developer was recently successful in amending the comprehensive plan and zoning ordinance. The Metropolitan Council is currently considering this amendment which will conclude in early June. The topography of the area offers a very impressive vista of the adjoining countryside. The property is zoned R -1 Single Family Residential. The minimum lot size is 10,000 square feet. The permitted density is 3.5 units per acre with a maximum lot coverage of 188. A 108 parkland dedication is required. Staff has no major objections to the design that has been submitted by the applicant because it is consistent with Prior Lake Zoning and Subdivision Ordinance and Comprehensive Plan. Larry Anderson, City Engineer, gave a brief summary on the wetlands located on the site, storm water and water quality, and drainage. Bill Mangan, Parks Director, explained the reasoning for park dedication. The Parks Department is pleased with the design, open space, and park trails shown in the proposed subdivision. The park dedication requirement has been satisfied as proposed in the preliminary plat. E.K. Whiting -14897 Manitou Road, objected to the proposed lot size and had questions on the wetland and Metropolitan Council reply. Don Abrahms -14877 Manitou Road, wanted clarification on the extension of the road to Manitou Road. The Abrahms suggested that the street not be improved or that erosion control such as a temporary cul -de -sac be installed to prevent erosion in the Manitou Road area in the interim between when Carriage Hills develops and adjacent property by Leo Vierling develops. Lindy Larson -15079 Manitou Road, questioned possible lake access and style of houses built. Ted Kowalski -3975 Hidden Pond Trail, was in support of the proposal and feels that Prior Lake needs growth. Additional families will support the schools and tax roles. Brad Wahl -14954 Timberglade Circle, stated he is not in favor of small lots and that Prior Lake can not afford it. Darcie Klien -14950 Timberglade Circle, wanted to know what the restrictive covenants will be. Paul Erickson -4112 Hidden Pond, wanted larger lots in the development. Jim Halleck -14869 Manitou Road, supports the development but would like to see the two lots at the end of Manitou made into outlots until the adjacent Vierling property develops. Comments from the Commissioners were on: type and style of house designs, tree planting, landscaping, parks, proposed covenants, entrance structures, storm water management, preliminary plat definition, landscaped traffic dividers proposed by the applicant PI.ANNING COMMISSION MEETING MINUTES APRIL 2, 1992 PAGE 5 to slow traffic, lot requirements are met, neighborhood associations, County Road 21 planting, housing opportunity for Prior Lake, parking for Carriage Hill Park, sidewalks, and impact to the City. Kathleen Abrahms -14877 Manitou Road, was concerned about Vierling property and cattle and what protection would he have. Larry Anderson stated that Mr. Vierling agreed to sell part of his property to construct a ponding area and Carriage Hill Parkway. The public was informed that the issue of potential future trespassing on private property would be a civil matter and did not pertain to the subdivision issue at hand. Mr. Graser advised the Commissioners that there is an architectural ordinance in force for Prior Lake that precludes development of repetitive house designs and the Carriage Hills plat is consistent with the City Comprehensive Plan and met the obligations of the Zoning and Subdivision Ordinance. Therefore the Staff recommends approval of the preliminary plat subject to the conditions outlined in Staff's memo. MOTION BY ROSETH, SECOND BY ARNOLD, TO RECOMMEND TO CITY COUNCIL TO APPROVE THE PRELIMINARY PLAT OF CARRIAGE HILLS WITH THE FOLLOWING RECOMMENDATIONS: THE PARK LOCATED SOUTH OF CARRIAGE HILL PARKWAY SHOULD CONTAIN A DEVELOPMENT PLAN THAT INCLUDES AN OFF - STREET PARKING LOT. A PROPOSED PARK DEVELOPMENT PLAN SHOULD BE ESTABLISHED FOR CITY COUNCIL REVIEW OF THE PRELIMINARY PLAT. 2. THE TREE PLANTING REQUIREMENT OF THE SUBDIVISION ORDINANCE REQUIRES FOUR (4) TREES PER CORNER LOT. THE TREE PLANTING PLAN SHALL BE AMENDED TO REFLECT THE CODE. THE DEVELOPER AND STAFF RESEARCH A METHOD WHEREBY A PLANTING PROGRAM MAY BE DEVELOPED ADJACENT TO COUNTY ROAD 21, ALONG THE NORTH PART OF THE PLAT TO PROVIDE A BUFFER TO THOSE LOTS. PROGRAM MUST BE WORKABLE AS PER COUNTY ROAD 21 IMPROVEMENT PLANS. 4. STORM WATER MANAGEMENT AND QUALITY PLAN BE DEVELOPED AND SUBMITTED ACCEPTABLE TO STAFF. 12.5 FEET OF ADDITIONAL RIGHT -OF -WAY FOR COUNTY ROAD 21. 6. WETLANDS INVENTORY AND MITIGATION PLAN BE SUBMITTED ACCEPTABLE TO STAFF. RATIONAL BEING THAT THE PLAT IS CONSISTENT WITH THE COMPREHENSIVE PLAN, ZONING AND SUBDIVISION ORDINANCE AND WOULD NOT BE DETRIMENTAL TO THE HEALTH, SAFETY AND WELFARE OF THE COMMUNITY. Discussion followed on restrictive covenants and Mr. Graser advised the commissioners that the City has no authority to require restrictive covenants. PLANNING COMMISSION MEETING MINUTES APRIL 2, 1992 PAGE 6 Vote taken signified ayes Roseth, Arnold, Wuellner, and Loftus. MOTION CARRIED. MOTION BY ROSETH, SECOND BY ARNOLD, TO CLOSE THE PUBLIC HEARING. Vote taken signified ayes by Roseth, Arnold, Wuellner, and Loftus. MOTION CARRIED. Public Hearing closed at 11:25 P.M. MOTION BY ROSETH, SECOND BY ARNOLD, TO ADJOURN THE MEETING. Vote taken signified ayes by Roseth, Arnold, Wuellner, and Loftus. MOTION CARRIED. Meeting closed at 11:26 P.M. Tapes on file at City Hall. Horst W. Graser Rita M. Schelde Director of Planning Recording Secretary �z C WGILL VARIAN _ w o GOLDEN HOME BUIL ER5 Ii., VARIANCE t3�IRDAPK .- 044s VA CE, ', p � t I � Ip - -• r 4t � h �\ �Y. It1011 IAIfE ���� � I i �I "VA09PC" PLANNING !'SPORT SUBJECT: BURDICK -JOHNS 4' NORTH SIDE YARD VARIANCE APPLICANT: STEVE BURDICK AND SUE JOHNS SITE ADDRESS: 16560 SPRING AVENUE PRESENTER: SAM LUCAST ASSOCIATE PLANNER PUBLIC HEARING: YES X NO DATE: APRIL 1 SITE ANALYSIS HISTORYBACKGROUND The subject site a 50' x 100' strip of land, heavily wooded, with steep slopes, adjacent to a storm water management pond. The applicant is requesting a four (4) foot north side yard and a 5000 square foot lot area variance to construct a single family dwelling. PREVIOUS PROPOSALS: In 1990 the Planning Commission granted a twelve (12) foot east rear yard and 5000 square foot lot area variance, with conditions, to build a single family dwelling. The conditions were that the applicant submit a grading and vegetation removal and restoration plan acceptable to staff. The owner did not build or request an extension of the variance and after one year it expired. PHYSIOGRAPHY: T e si e s opes to the north and east down to the storm water management pond. It is heavily wooded with significant mature trees, thick brush, and volunteer growth. The combination of the slope, large number of trees, and proximity to the pond require careful development and erosion control measures. ADJACENT USES: singe ami y homes surround the subject site. The storm water management pond and easement are located south and east of the site. To the north is part of Outlot 1 and platted, fully developed lots of Green Heights 1st Addition. Fully developed residential neighborhoods are located to the west and south. EXISTING CONDITIONS: The lot is currently vacant. Slopes are stable and most of the trees are alive. One or two power poles are located on site. A storm sewer occupies the easement running on the south side yard. 4629 Dakota St. S.E.. Prior lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 4474245 AN EQUAL OPPORT, UNM EIT DY ER NEIGHBORHOOD ISSUES /IMPACT /CONCERNS The Te neigfi oo is fully ev�ped with small fifty (50) foot wide lot s of substandard area. The lot is a parcel of record, eligible for a building permit, and has previously been granted a variance of greater magnitude than the present request. The issue is not so much the the application as what limiting factors apply. The impact on the area will depend on the conditions placed on the application and the construction methods used. Tree loss, grading, and erosion impact the adjacent pond. Erosion control must be implemented during construction to avoid compromising water quality. Concerns are genuine regarding erosion and pond impact, grading, and tree preservation. Pat Lynch, Minnesota Department of Natural Resources, commented via phone. He stated erosion control was his greatest concern due to the proximity of the storm water pond. Doug Hartman, City Engineering Department stated the necessity of preserving the storm sewer easement setback due to the depth of the sewer pipe. Grading and tree preservation are inter - related. Heavy equipment operating in close proximity to root systems can kill the trees. Care must be taken to preserve trees. PROBLEMS /OPPORTUNITIES The problem is how to carefully and sensitively develop this lot. Constraints have already been discussed. The opportunity exists to build on a lot with mature trees and an adjacent pond. The lot is difficult but not impossible to develop The builder /contractor must be aware of the development constraints. RECOMMENDATIONS: Staff recommen s approval of the four foot north side yard and 5000 square foot lot area variance with the following conditions. 1) The applicant must submit a grading and vegetation restoration plan acceptable to staff. 2) Erosion control must be in place prior to grading and constantly maintained until vegetation has been established to the Building Officials satisfaction. Literal enforcement of the Zoning Ordinance renders this lot unbuildable. The parcel was created prior to annexation into Prior Lake and is a parcel of record subject to a building permit. The hardship is not caused by the property owner. It is staff's opinion that the variance would observe the spirit and intent of the Ordinance, provided the conditions previously stated are met. N 4 . !cant Of 0 CITY OF P rOR .are PID1 a'1 s - /yt c�a G =O APPLICATION FOR VARIANCE Phone: .3/ k5 Phones Sv 977 - AY /C' Phones 4v_= 4_ Existing Use Dj5 of Property P oosed Use ytA�Pi T / -A/LA Present Zoning: ;ClSi,CFr�.�c .yin ✓lc� of al Ierty: _�U /G!7 sJ s /r ✓66 / Ac�i /c t Legal Description Of Variance Site: ' f> /✓ c'G ?! oT / 6,t - ,v' r5 /S 4'0te1Te'- Variance Requested: 3;ne .ter n.,vc- __TS_� // , Has the applicant use permit on the What was reaueste Describe the sought to plat, rezone, obtain a e or any Fart of it7 yes of _ improvements TO C /�,kJ r�riGritS� — DUT 1l�T, or conditional �!S rrty /his ; lEj eft �)BMISSION rtmm:enmc (A)CamWleted application form. (B)Filing fee. A uC)Property Survey. (D)Certified from abstract firm, names and addresses of property owners within 100 feet of the exterior boundaries of the subject property. (E)Complete legal description a Property Identification Number (PID). (F)Deed restrictions or private covenants, if applicable. (G)A parcel nap at l•- 20' -50' Showing: The site development plan, buildings: parking, loading, access, surface drainage, landscaping and utility service. ONLY COMPLETE APPLICATIONS SHALL BE REVIEWED BY THE PLANNING OOFMISSION. 7b the best of my knowledge the information presented on this form is correct. In addition, I have read Section 7.6 of the Prior Lake Zoning Ordinance which specifies requirements for variance procedures. I agrT to provde i information and follow the procedures as outlined in the Ordinance. `` I�r. Submitted this /`day of ,t 19fo1 TWS SPACE IS 7O BE FILLED OUT BY THE PLANNING DIRD^NR PLANNING WEMISSION APPROVED __ DENIED DATE OF HEARIFG CITY COUNCIL APPEAL _ APPROVED __ DENIED DATE OF HEAM)G CONDITIONS:__ Siqnature of the Planning Director late t C l.trti .A 1t IAe. R, C9, LAND Suwv0vo9. OF SURVEY •ey IOr. _ MR, /"yI Job No l Bit — 00 , �'f .Q 1 \ C \ !„s .9 Q Fig r � v CP s o W O 1 i� o � \ fY1 4 A 50 fool strip of land In Outtoi 1, lying northerly and ad,acent to Lois 17 and 18, plat of GREEN HEIGHTS FIRST ACDIT:CN, accoro to ire p'al thereof on Ire and Of Word In the office of the County Recorder, Vn and for Soon County, M.Innesota. HEREBY CERTIFY THAT THISIS A TRUE ANO CORRECT REPRESENTATION OF THE BOJNOARIES OF Set ASOV6 oESc. OTT COUNTY, MINNESC'A 5uAVEYEO BY ME THIS 11 4t, DAY OF AGE'' 19 I0 �,Q7 P ;Oalwl � M 4vN, A60•. NO. /go" �pKE PR 10p � gyp' ,. ,•. L .. �o • A l rt 4 16P PG• P.9 `J 1 1 w �i r: ROANOKE ST r 2p MPH SIGN Z i u� pp lop "VA09PN" NOTICE OF FOR HEARING VARIANCE You are hereby notified that a hearing will be held by the Planning Commission in the Prior Lake Council Chambers at 4629 Dakota Street S.E. on: THURSDAY APRIL 16, 1992 at 7:30 P.M. PURPOSE OF HEARING: To consider a variance application for Steve Burdick and Sue Johns of 7333 Gallzaher Drive, Edina MN. SUBJECT SITE LOCATION: 16560 Spring Avenue - A 50' strip of land in Outlot 1 lying northerly and adjacent to lots 17 and is Green Heights Addition. REQUESTED ACTION: The applicant proposed to build a new single family home as indicated on the attached survey. The home is proposed to be located 6 feet from the northerly property line. The applicant is also requesting a 5000 square foot lot area variance. 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 Planning Commission. For more information contact the Prior Lake Planning Department at 447 -4230. Prior Lake Planning Commission DATE MAILED: April 9, 1992 dF20 nak�t, c SF.. PrF,r I ake %linnemta 55372 1 Ph +612) 4474230 Fax 5:2)4474245 01 PR /O r / "VA11PC" SUBJECT: APPLICANT: SITE ADDRESS: PRESENTER: PUBLIC HEARING: DATE: PLANNING REPORT MCGILL VARIANCE 3' EAST DENNIS MCGILL 4281 QUAKER TRAIL SAM LUCAST - ASSOCIATE YES X NO APRIL 1 SITE ANALYSIS SIDE YARD PLANNER HISTORYIBACKGROUND The applicant is proposing to build an attached deck on the southern or lake side of the house. Adjacent development is characterized by narrow lots averaging fifty feet in width and fairly dense development where most existing structures do not meet current setback standards. The original house, built in the 1920's and since remodeled, is not parallel to the side lot lines. Subsequent additions and remodellings give the impression of a newly constructed home, not one seventy years old. Lake side windows occupy a significant portion of the southern exposure. If the deck were attached to the house at the ten foot setback line the hand rail would obstruct the window. By attaching to the southeast corner of the house seven feet from the property line, the deck becomes the extension of the east wall of the house and maintains the architectural integrity of the improvements. PREVIOUS PROPOSALS: T ere are no previous variance proposals on record at City Hall. However there are building permits for the addition and remodeling. PHYSIOGRAPHY: T e of s opes from the north to the south with several "terrace layers" between the structure and the lake. Drainage is directed toward the lake and an asphalt spillway on the western lot line. ADJACENT USES: single family dwellings surround the subject site on the north, east, and west sides. A ten (10) foot back lot access abuts the subject site on the west. 4629 Dakota St. S.E.. Prior Lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 447 -4245 T\ EQUAL OPPOR LNITY ENIP:O1 ER EXISTING CONDITIONS: The eastern and southern lot lines have wooden retaining walls and the western line has the asphalt spillway. Two mature trees are within the building envelope of the deck. The deck will be designed to save both trees. The deck will not have negative impacts on both adjacent uses since their homes and decks are closer to the lake than the subject. NEIGHBORHOOD ISSUES /IMPACT /CONCERNS According o t e app scan ere have been no neighborhood objections to the proposed construction. Pat Lynch of the Minnesota Department of Natural Resources does not object to the application as it has no detrimental effect on Prior Lake. Doug Hartman of the City Engineering Department, stated they have no comments. The deck does not cause concerns over drainage, impervious lot coverage, or tree removal. It is a reasonable request to have a deck on the lake and which is added to the house based on good design. PROBLEMS OPPORTUNITIES T e opportunity exists to create a space in which to enjoy the lake. Aesthetically it is much more pleasing to continue the existing line of development. The precedent has already been set for continuing, but not increasing, legal non - conforming setbacks in older, established neighborhoods which contain substandard lots. In this situation the positive elements of the application clearly outweigh any negative issues which may result from this variance. STAFF RECOMMENDATION: Staff recommends the approval of a three foot east side yard variance. The grounds include that it is a reasonable request, aesthetically pleasing to continue the building lines of the house which is at a legal non - conforming setback, precedence has already been established for this type of variance, and it is not detrimental to the health, safety, and welfare of the community. This neighborhood was annexed into the community in 1973. The Zoning Ordinance of Prior Lake contains setback requirements different from those permitted by Spring Lake Township. Therefore, the hardship is not result of the property owner, but due to a change in setback requirements precipitated by annexation and the application of Prior Lake zoning standards to a {ire existing home. The hardship in this application is the existing condition of the nonconforming setback of the home and the inability of the applicant to add a deck that would result in architectural integrity of the improvement effort. `. CITY OF PR_ *OR Lam' PIDt c.3[- APPLICATION MR FOR VARIANCE Applicant: I EJV vi -f "Q /?AIX Z)/ C L ' , Home Phone: , °i l v }. P �s 1 . 1 � ,i.: , �-� ICS ---- Phone: a. _ ) i r perty Owner: Home Phone: � r � a° Type of Ownership: Fe _Work Phone: Contract Purchase Agreement Consultant /Contractor: pa — Existing Dse Of Property: SiNGcc ji'4'r+ -� y ¢ i�. ii�cwr7 -lC_ Proposed Use Present Zoning: E n Of Property: Legal Description , of Variance Site: / C i l } "" = ?! /) /y ?iLr zK sHf L � Variance Requested: !7c °_L! fracc C.� Q5i kr�V L , t °_inaa aJn.e i1S c/)�i lK'lrycK Has L; a applicant previously sought to plat, rezone, obtain a variance or conditional use permit on the subject site or any part of it? _Yes what was requested: When Disposition: Describe the type of improvements proposed: `IECK R,�1�tI3 -crON RFI7GIR�F'Nf ; (A)Completed application form. (B)Filing fee. (C)Property Survey. (D)Certified from abstract firm, names and addresses of property owners within 100 feet of the exterior boundaries of the subject property. (E)Complete legal description 6 Property Identification Number (PID). (F)Deed restrictions or private covenants, if applicable. (G)A parcel map at 1 "- 20' -50' showing; The site development plan, buildings: parking, loading, access, surface drainage, landscaping and utility service. ONLY COMPLETE APPLICATIONS SHALL BE REVIEWED BY THE PLANNING C"ISSION. 'I � , Tb the best of my knowledge the information presented on this form is correct. In addition, I have read Section 7.6 of the Prior Lake' Zoning Ordinance which specifies requirements for variance procedures. I agree to provide information and follow the procedures as outlined in the Ordinance. ,i a� r � '' /� Submitted this L day of / ATpp�} 19 cants Signature 2/ `,(� THIS SPACE IS TO BE FILLED OUT BY THE PLANNING DIRDCTOR PLANNING COMMISSION APPROVED — DENIED DATE OF HEARING CITY COUNCIL APPEAL APPROVED __ DENIED LATE OF HEARING CONDITIONS- Signature of the Planning Director Date P I RR R \\ IO \ J � "VA11PN" NOTICE OF HEARING FOR VARIANCE You are hereby notified that a hearing will be held by the Planning Commission in the Prior Lake Council Chambers at 4629 Dakota Street S.E. on: THURSDAY, APRIL 16, 1992 at 7:45 P.M. PURPOSE OF HEARING: To consider a variance application for Dennis McGill of 4281 Quaker Trail Prior Lake, MN. SUBJECT SITE LOCATION: 4281 Quaker Trail - Lot 18 and the East 20 feet of Lot 19 Maple Park Shore Acres. REQUESTED ACTION: The applicant proposes to build a deck attached to the rear of the house and projecting three feet into the side yard setback. The house is also located three feet into the side setback. Therefore a three foot side yard variance is requested. 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 Planning Commission. For more information contact the Prior Lake Planning Department at 447 -4230. Prior Lake Planning Commission DATE MAILED: April 9, 1992 4629 Dakota St. SE., Prior Cake. Minnesota 55372 / Ph. (612) 447 -4230 / Fax(612)447-4245 .q[ FQL.AL OPPO=Nr ENP OYFR SURVEY for DENNIS WGILL s � e 0 ,re..�aaa l imp ° J P L` �Y b - I ° QUAKER TRAIL O Aa./ I ,P o yp, Pe Pp l i • I' P 0 � j 4 J O i 4 4 6 a W pgyrEF o Proposed Basement Floor Eler• Proposed garage Floor Eler Proposed First Floor Ele. •'- Proposed Elee Existing Eler '. o Gametes Iron Monument Se: m Denotes Irnr Monument Fs. Dt Denotes Spike Set r hereby certify that this 1 I B 3 \ qy_ .rue and co,r act re Prose nta tton if a surrey of the bound.,,.. of Luc IB and the east "' felt of lot 19. .0. MANNER'S MAPLE PARR SRORE ACRES, ,,Lording to the recorded play thereof' X1.11 County, Minnesota. ,no of a proposed build,ng.AS surrey< I me this 13th day of M�ay.1989. Oru> �-°•vP•�� JO _eland C.N. smith, Land surveyor as,. `I,nro..c. Regestr anion No. 14942 ' _� B9JY ° P� aF` pJ _ O •' E aF eA v F¢I,FA es N A. i "j s r •! .r B•r c�tc : 1.9 A., ,4 ° aa.s ° h 2 po�.w 0 10 20 4C f. ,..o SCALE IN FEET V PR /r\ / k y SUBJECT: APPLICANT: SITE ADDRESS: PRESENTER: PUBLIC HEARING: DATE: PLANNING REPORT VARIANCE GOLDEN HOME BUILDERS INC., 15512 DRAKE AVENUE DEB GARROSS, ASSISTANT CITY PLANNER YES X NO APRIL 16, 1992 HISTORY /BACKGROUND T eh — Planning Department received a variance application from Dean Morlock of Golden Home Builders Inc., P.O. Box 47213 Plymouth, MN, 55447. The applicant is requesting several variances to be granted for 15512 Drake Avenue N.W., Prior Lake. The proposal is to construct a new single family home, septic system and well as proposed on the attached survey. Specifically, the request is to consider a 76.5 foot front yard variance from County Road 82, (154th Street); a 32,610 square foot lot area variance, and 67 foot lot width variance, in order to construct the home as proposed on the attached survey. In 1988, the City Council reviewed and denied a request for the subject site, by Dale Nelson, to tap into the Shakopee Mdewakanton Sioux Community trunk sewer line located within County Road 82 right -of -way. The trunk line capacity is reserved solely for the Shakopee Mdewakanton Sioux Community. The trunk sewer is not located within Prior Lake's Urban Service Area therefore, the City Council denied Mr. Nelson's request. The subject site is located within Prior Lake's Year 2000 Urban Service Area, indicating that urban density development is anticipated for the area within the next eight years. However, the closest existing utility lines are located at the northern terminus of Island View 5th Addition approximately 1/8 mile southeast of the intersection of 154th Street and Fremont Avenue. The Island View First Addition plat contains municipal utilities which are installed to a point approximately 300' east of the subject site. It is likely that municipal utilities will be extended from the Fremont Avenue location to the Drake Avenue neighborhood at some point within the next 3 to 8 years. The utility extensions would likely take place via a private subdivision proposal including the properties located north and east of the Island View 5th Addition plat. PHYSIOGRAPHY: The su 7ec site is a metes and bounds lot of record, which has never been formally subdivided. Drake Avenue is a gravel private road. There are no drainage easements, storm sewer, curb, gutter 4624 Dakota St. S.E., Prior Lake. Minnesota 55372 Ph. (612) 447 -4230 / Fax(612)447-4245 A\ EQUAL OPPi -_N71 EMPLOYER nor street improvements within the Drake Avenue neighborhood. The adjacent properties to the west are developed with single family homes on large tracts of land that will likely be re- subdivided at some future date. The subject site contains 23,940 square feet, however, nearly half of the lot area, (12,990 square feet) consists of road right -of -way. The lot slopes from east to the southwest corner. Staff is concerned that there are no drainage and utility easements within the neighborhood and water from the subject site and adjacent lands flows, unrestrained, into Crystal Bay. The subject site is zoned R -1 Urban Residential and is located within the S -D, Shoreland District. As stated previously, the site is within the Year 2000 Urban Service Area however, utilities are not currently available to the site or Drake Avenue neighborhood. The land located north of County Road 82 is zoned Agricultural and Conservation District and is designated as Rural Service Area within the Comprehensive Plan. The subject site is unique because it is zoned R -1, and is located within the Urban Service Area, however utility lines are not immediately available to the site. Therefore, the rural density lot size and setback requirements of the Zoning Ordinance must be applied to the DEVELOPMENT SUMMARY: The Shoreland Management Section of the Zoning ordinance requires a minimum lot size of 1 acre for lots located within 1,000 feet of a protected lake, that do not have municipal sewer and water service available on site. The required lot size of the R -1 zone is 10,000 square feet. However, the Zoning Ordinance is written in a manner that wherever two standards apply to a property, the more restrictive standard must be used. Therefore, the minimum lot size requirement is 1 acre versus 10,000 square feet. The subject site contains a net area of 10,950 square feet, therefore the applicant requests a minimum lot area variance of 32,610 square feet in order to build on the lot. Due to the fact that urban services are not available to the site, the rural service area setback and lot width standards apply to the property. The required setback from a county road in the rural area is 150 feet, measured from centerline of the travelled road. The applicant proposes to locate the home 73.5 feet from the centerline and has therefore requested a 76.5 foot front yard variance. The required width of a rural lot within the Shoreland District is 150 feet. The subject site is 83 feet wide at the front setback line, therefore the applicant requests approval of a 67 foot, lot width variance. DEVELOPMENT ANALYSIS PLANNING CONSIDERATIONS: It is un ortunate t a the applicant has chosen to develop the site at this time. The property is within the urban service area and will likely have public utility, street and storm sewer projects installed within the next 3 to 8 years. Prior Lake City Code Section 9 -5 -4, specifies that "at such time as a municipal sewer system becomes available and within a one -year period, property served by a private septic system shall make a direct connection to the public sewer system, in compliance with this Chapter." See attached City Code. Staff believes that development of the subject site with a septic system and well is premature and will result in a poor investment for the property owner who will likely, not amortize the investment made in the installation of the private septic system. It is the policy of the City to restrict rural density development within the community because of the difficulty involved to retrofit such an area to urban density development. It is politically sensitive and very difficult to install utilities, streets, trails and to acquire park lands within areas that have been "carved up" into small lots with private systems. For instance, the owner of the subject site may develop with a septic system that will function for several years, while the other older systems in the neighborhood decline and begin to fail. At that point, it is unlikely that consensus will be reached, within the neighborhood, to petition for public utilities. At that point, the City would become involved in the decision making process and mediation between opposing neighborhood perspectives. Staff believes that no development should occur within the Drake Avenue neighborhood until such a time as public utilities are available and the area can be platted and developed according to the subdivision process of the City In that way, an area review would be conducted and it would be possible to plan street connections, provide easements and storm sewer improvements, grade and develop in a manner that ties to the adjacent, urban density developments. Unfortunately, the parcel is a lot of record and as such is eligible for a building permit. With that in mind, staff is of the opinion that development of the site should conform, as much as possible, to current standards in order to facilitate future subdivision opportunities. RECOMMENDATION: The a recommenTation from staff is to approve the 32,610 square foot lot area and 67 foot lot width variances as requested. The lot is zoned R -1 and is a corner lot which, once utilities are installed, would have a required lot area of 12,000 square feet and lot width of 96 feet. (The site is a corner lot therefore the lot area must be 208 larger than the 10,000 square foot standard, or 12,000 square feet). The net lot area is 10,950 square feet with 83 feet of width, which is not substantially deficient with respect to the Zoning Standard for a corner lot within the R -1 zone. The Planning Commission must consider the restraint that the site is a lot of record, and is therefore "grandfathered" for building purposes. Staff recommends that the 76.5 foot front setback variance be denied. The required setback from a county road in an area with public utilities is 85 feet from centerline of the travelled road. This standard should be applied to the subject site to develop a home that will be compliant with setback standards, once utilities are introduced. The application of the 85 foot setback would result in a 37 x 107 foot building envelope. The home design proposed would .seed to be changed to conform to the recommended setback. However, staff believes that if the lot is to develop at this time, it is essential that the structure be located in a manner that does not create a non - conforming situation within the next 3 to 8 years. The Engineering Department recommends that the home be moved further to the west to accommodate a 35 foot east front yard setback. The rational is that in the event that Drake Avenue is improved, ten feet of additional right -of -way would be acquired from the subject site and property across the street, to accommodate the required 50 foot right -of -way width specified by the Subdivision Ordinance. Drake Avenue would be improved to a 30 or 36 foot wide street to accommodate on street parking on one side. The Engineering Department also recommends that the applicant grant five foot drainage and utility easements along each property line to accommodate future utility extensions and grades that provide lot drainage along the lot lines. The recommendation from the City Attorney is that the applicant be required to sign, and file with the County Recorder's Office, a waiver of assessment appeal form. Such a form would provide notice to all future buyers of the site that introduction of public utilities is likely and the possibility exists that full amortization of costs associated with the private septic system and well may not be realized prior to installation of public utilities. The agreement should provide provisions that outline the City procedures for hook up to municipal services in the event they are installed as part of a development project or required to correct pollution problems associated with failing septic systems. The agreement should be subject to review and approval of the City Attorney and subsequent recording of the document with Scott County. In summary, it is the opinion of staff that development of the site is premature. However, staff understands the rights and responsibilities of a property owner to develop private property. The lot area and width variances requested are reasonable considering the ^grandfather" status of the lot of record. However, the responsibility to develop in a manner consistent with objectives of the City is paramount. Therefore, a minimum 85' foot front yard setback from County Road 82 and 35 foot setback from the east front yard property line should be required. In addition, the applicant should be required to grant 5 foot perimeter utility and drainage easements as required by the City Engineer and sign and file an agreement relative to public utility installation procedures as approved by the City Attorney. There will be approximately 9 large trees destroyed in order to accommodate the septic tank and building pad. The Planning commission may wish to consider a one per one replacement planting program for trees lost to development. At a minimum, staff recommends that the tree planting requirements of the Subdivision Ordinance be implemented, which would require 4, two and one half inch caliper front yard and boulevard trees be planted along the north and east property lines. /U PIDI - / _ O Address: t' 2 77 g - . Home Phone: Property Owner: ' / -���rk Pho .Ys_�.• Address: _ --/ �. �_� �• '�-� Ho Phone: 'type of Ownership. Fee Contract Work Phone: Consultant /Contractor: ( 5 _147 - r ,� Purchase Agreement y Phone: _ S STL Y c- ? Existing Use Of Proposed Use Present Zoning: of Property: Legal Description V aal of variance Site• Variance Requested• f d ad PLI I I* Has the applicant previously sought to plat, rezone, use permit on the subject site or any part of itT abta a variance or conditional What was requested: _yes _X—No When: Disposition: Describe the type of improvements proposed: x � y �)kltISSION aPrxri rxxP(,�¢ •�' (A)Completed application form. (B)Filing fee. (C)Property Survey. (D)Certified from abstract firm, names and addresses of property owners within 100 feet of the exterior boundaries of the subject property. (E)Complete legal description b Property Identification Number (PID). (F)Deed restrictions or private covenants, if applicable. (G)A parcel map at 1 "- 20' -50' showing: The site development plan, buildings: parking, loading, access, surface drainage, landscaping and utility service. CNLY COMPLETE APPLICATIONS SHALL, BE REVIEWED By THE PLANNING MMISSION. 710 the best of my knowledge the information p roented on this form is correct. In addition, I have read Section 7.6 of the Pr' r Lake Zoning Ordinance which specifies requirements for variance procedures. I ag ee to info tion and follow the procedures as outlined in the Ordinance. Submitted this, day Of f� 19Y ✓ icants Signature �c l "x/ THIS SPACE IS 7b BE FILLED OVT By THE PLANNI DIDIRECIOR PLANNING COMISSION APPRMED _ DENIED A CITY COUNCIL APPEAL _ APPROVED _ DENIED DATE OF HEARING DA TE OF HEARING CONDITIONS: Signature of the Planning Director Date S 112 SEC. 34 T. 115 R. 22 SUBJECT SITE .... NORM SCALE In = 400' iw 0 �► ISLAND P 1 Ia � v D VI{ ff IJ ..n.m..... . ..n,r v. rvr wvnv.nx,mo.. PLYMOUTH. MN. 55447 TE 3 LEPHONE (612)447 - 2570 CO ROAD NO. 82 fn,M a . d ew I rol IH.N � - ••1!0.00• 1 ry M O S 9 w r�•I N �. ! ID f, i I m sH1., �n � ii I s .• y � £ � b • •H I.O • fi I' {198 �•I I .E.I `° � i� IIOIH H •eel I J 3 nwn en/ I ' ii IiiH H.�r. I HIw + ••180.00••• t I I a D PorvIHI NM MNwM �I w� ��� I � I n 41 ll Q Mr I p � 8 •,ml.w 0 �. 9 -5 -2 9 -5 -5 PUBLIC SEWER or A sewer in which all owners of abutting properties have MUNICIPAL SEWER: equal rights and is controlled by public authority. INDUSTRIAL WASTES: The liquid wastes from industrial processes as distinct from sanitary sewage. GARBAGE: Solid wastes from the preparation, cooking and dispensing of food, and from handling, storage and sale of produce. BUILDING SEWER: The extension from the building plumbing to the public sewer or other place of disposal. IOrd. 72 -9, 6- 10-721 9 -5 -3: SEWAGE DISPOSAL: (A) It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner upon public or private property within the City or in any area under the jurisdiction of the City, any human or animal excrement. garbage or other objectionable waste. IBf It shall be unlawful to discharge into any natural outlet within the City or in any area under the jurisdiction of the City, any sanitary sewage, industrial wastes or other polluted waters. ICI Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault. septic tank, cesspool, or other facility intended or used for the disposal of sewage. IDI The owners of all houses, buildings or properties used for human occupancy, employment, recreation or other purpose. situated within the City and abutting on any street, alley or right of way in which there is now located or may in the future be located a public sanitary sewer of the City is hereby required at their expense to install a suitable toilet facility therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this Chapter, within ninety (90) days after the date of official notice so to do. 9 -5 -4: CONNECTION TO CRY'S SYSTEM: At such time as a Municipal sewer system becomes available and within a one -year period. property served by a private septic system shall make a direct connection to the public sewer system, in compliance with this Chapter. 9 -5 -5: CONNECTION PERMITS: IA) Any person not a licensed plumber, desiring to construct a septic tank system and /or make a connection between a Municipal sewer system and a previously installed sewer facility in a building within the City shall apply to the City Manager for a permit for said construction. The application shall be submitted on forms furnished by the City Plumbing Inspector and shall be accompanied by a permit and an inspection fee to be determined at the discretion of the City Council. (Ord. 87.3, 3 -2 -87) 0 9 - -5-11 9-5-12 A) Any person who shall commence work of any kind for which a permit is required under this Chapter, without first having received the necessary permit therefor, shall, when subsequently securing such permit, be required to pay double the fees provided by this Chapter for such permit and shall be subject to all the penal provisions of this Chapter. (B) Permits shall only be issued when the applications show that the work is to be to by persons who have been duly licensed by the City to engage in the business of sewer installation within the City, who have paid the required fee and filed the bands and insurance certificates required under licensing provisions of this Code. No permit shall be issued until the plumbing in the building to be served is inspected by the Plumbing Inspector and altered, if necessary, to conform to the Minnesota Plumbing Coda to the extent necessary to permit a proper and safe connection to the Municipal sanitary sewer system. Upon completion of the work, a copy of the permit shall be signed and dated by the licensed individual or firm making the sewer installation and delivered to the Plumbing Inspector at the time he makes his final inspection of the work. The Plumbing Inspector shall sign the permit to show that the work and material conform to the City ordinances. The permit shall also be filled out showing the kind and size of pipe, the kind of joint used, the length of the building sewer connection, the depth at the street, the depth at the house, the distance from either side of the house when the connection is made to the house plumbing, and any other information listed on the permit form or required by the Plumbing Inspector. 9 -5-12: PRIVATE SEWER DISPOSAL: (A) Where a public sanitary sewer is not available, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this Section. (B) At such time as public sewer becomes available to the property served by a private sewage disposal system, and within a one year period, a dire" connection shall be made to the public sewage in compliance with this Chapter, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned. pumped and filled with suitable material. ICI The Minnesota Plumbing Code is hereby adopted by reference. ID) Scott County Ordinar =e No. 4 entitled "Individual Sewage Disposal System Ordinance" is hereby adopted by reference. 1. Sas Title 4, Chapter', of this Coda fla) ;URVEY PREPARED FOR: ;OLDEN HOME BLDRS 7/0 GARY IRENE O BOX 47213 LYNOUTH, AIN 55447 Valley Surveying Co., PA. SUITE 120 -C , 16670 FRANKLIN TRAIL FRANKLIN TRAIL OFFICE CONDOMINIUM PRIOR LAKE, MINNESOTA 55372 TELEPHONE (612) 447 -2570 CO ROAD NO. 82 ph,m Y „ y y,.n eel z vzv.w --- -.- 180.00___ d .i exec s �zae.z n. zzew r a_______ y ze I jS I rt OI -over e zws 019.1 i I g1 11I ea. w.a e z[J Il I ea.a xeN',Y. _ _.Ig0.00 .I 1 M w h - eat. I Hae 4 nwseol -- II cl n.rr. I VI I /palhl Yim"ne,Io !1 x 1 IrM o/ Gw'/ /012 NI nI Yea I Q i 1 I Y R 1 Fe,ug1 � O NOTESt ` Benchmark elevation 927.74 top of 1 "x2" setback hub on South line 926.8 Denotes existing grade elevation 3 92 Denotes proposed directed Breda elevations Denotes proposed dereoElan of finished eurfece drainage Set the ttevege alaD at slavaLiec 930.10 Total area - 23,9 square test Set the tap Olock at elevation 930.43 Read R/M area =12,990 square feet Net area - 0,950 square feet PROPERTY DESCRIPTION AS PROVIDED: A tract of land in Governeent Lot 2, Section 34, Township 115, Range 22, Scott County, Minnesota described m followat Beginning at a point on the north line of mid GovernsSnt Lot 2, distant 150.00 feet west of the northeast corasrt thence continuing seat along .aid north line a distance of 180.00 feett thence South parallel with the met Line of said Goverment Lot 2, a distance of 133.OD feet; thence Seat parallel with said north Line a distance of 180.00 feet; thence north Parallel with mid east line a distance of 133.00 fast to the point of beginning. Subject to an easement for road purposes over the north 33.0 fast and the Seat N N E 8 � I g � 6 •, tai :. Y.rlf � ., BOX 47213 V"ANFLIN TRAIL OFFICE CONDOMINIUM fA'OUTH, MN 55447 PRIOR LANE, MINNESOTA 55372 TELEPHONE (612) 447 -2570 CO ROAD NO. 62 ens :) 1 s 1°ero.r n�ene 1( ' eri ySp. 1 E I r saa°e R i O n,vey I i! I 7 8 rcnuo I I MI I mov A, eo R II o , Ie0. 00. -. f ro,wnl.ia Nr Nxrrb al Im. or so.v Iw z ni "1 I nr n• or ew•r ra r, ar.iu.rr � NOTES, Benchmark elevation 927.74 top of 1 setback hub on south line 926.8 Denote. existing grade elevation 929• Denotes proposed finished grade elevations �— Denotes proposed direction of finished surface drainage Set the =.ge slab at elevation 930.10 Total area • 23,940 square feat Set the Cop block st elev 30.43 Road R/X area = 12,990 equers feet Net area • 10,950 eque feet fait PROPERTY DESCRIPTION AS PROVIDED} A tract of lend in Government Wt 2, Section 34, TOmshLP 115, Range 22, Scott County, Minnesota described as follorat Beginning at a point on the north line of said Government Wt 2, distant ] 150.00 feet vest of the northeast corner{ thence continuing seat along said north line a distance of 180.00 feet; thence mouth parallel with the Beat line of said Government Wt 2, a distance of 133.00 feet; thence met parallel with said north line a distance of 180.00 feet; thence north parallel with said east Line a distance of 133.00 feet to the point of beginning. Subject to an easement for road purposes over the north 33.0 feet and the east 30.00 feat thereof. 0 30 60 $hrebr iMly MM Mix soar was arxPexd br as ar uWr m' lbnl ayerlvm and Not Ian a air - sc IN Lend Serawr wwhw roe SCALE IN FEET b�wJof Is. Seen of Whommim O Denolw t C x oas d bn m oan 1 ear en melee ' � L... Nx. 10183 Dale ' Z - '-- Llmnne No. 10103 • prnehe iron mMYlnm,l /O,eN 0 Orneln ►w. NWI }e1 FILE No 1332 900N 185 M9E 38 The Landscape Ordinance is proposed to be adopted to the Zoning Ordinance after its adoption. Staff will make a presentation along with a representative from Westwood Planning and Engineering who are the authors of the draft. No formal action is required however, directions for a redraft or changes are requested. ALL .J 1 »c 17:40 FRun 4EcTU:AD PROF. SERUILES T❑ 1474[4` P.ee LAMCAl2S ORDINANCX CITY OF PRIOR LAKE ORDINANCX NO. 92 -XX An Ordinance to regulate landscape requirements for commercial, industrial, and multi - family residential projects (o£ 3 or more dwelling units per building). The City Council of Prior Lake does hereby ordain: PURPOS A. The purpose of this ordinance is to establish a performance standard for the landscape development of properties within the City. B. This ordinance applies to all new subdivision or site plan approvals in the City in the commercial, industrial and multi - family residential (projects of 3 or more dwelling units per Wilding) districts. C. This ordinance is intended to enhance the visual and aesthetic Character of properties by identifying community standards. D. This ordinance is also intended to recognize and give credit to developments which attempt to preserve natural resources on development sites. GENYnai. LANDSCAPE REOUIRENHiTS A. The quantity of plant materials shown on the landscape plans of proposed developments shall meet or exceed the minimums as defined herein. B. The City requires landscape treatment of the whole site include the following elements: 1. The site perimeter. 2. The "entry" area of a development. 3. The parking lot landscape. 4. Screening of mechanical, exterior storage, trash storage, or visual clutter as identified by the City in the plan review Process. C. The plant materials used must meet or exceed the City standards of sire and specie in order to qualify for credit towards the landscape requirement. Additional plant materials smaller than required herein may be appropriate and necessary to achieve the design effect. O. Existing vegetation preserved on site, which can successfully be incorporated into the landscape plan should be encouraged and credited toward the landscape requirement. 'roc ; U: - F �,ERJIi:E� .V CALL LATION OF R CREOSTS AND SIZES A. The planting requirement shall be the sum of the fostiwing separate requirements. These formulas are only intended as a method to generate a quantitative performance level and not a design instruction. Creativity of design is encouraged to provide specific solutions. 1, Perimeter Calculation - 1 trees required per CO' of site perimeter. 2. Entry Plantings - Each major entry point into the project or building shall be treated with landscape development (trees, shrubs, etc.). No numerical requirement of plants is offered, but every development project has at least one such feature, and the landscape plan shall reflect the proposed treatment. Trees required on the perimeter calculation are = applicable to this design feature. 3. Parking Lot Landscape - As identified in sections (A and D on page 3), parking lot islands and screening shall be provided. No numerical requirement for plants is provided, but use of canopy trees to provide shade and shrubs to break up the area are encouraged. The perimeter tree planting requirement may be used to provide trees for this purpose, but the effectiveness of screening shall be as described in (Section D on Page 3). 4. miscellaneous Screenings - As identified in Section (other Screening, Page 3) miscellaneous screening shall be provided. No numerical requirement for plants is provided and the perimeter tree planting requirement may be used to provide trees for this purpose but the effectiveness shall be as described in Section (Other Screening, Page 3). B. PLANT SIZES (NEw) - Plants provided by the developer as credit for meeting the landscape requirement shall meet the following sire criteria: 1. Deciduous Canopy Trees: 2}" caliper B s B 2. Evergreen Trees: 6' high B a B 3. Others: A. Ornamental or half trees: 1 -3 /4" caliper b. Other shrubs: No minimum, except that they must meet the stated purpose (screening, etc.). C. CREDIT:; FOR EXISTING MATERIALS - The developer may request credit for plant materials preserve on site is he has demonstrated that he has accurately located them by Survey, their correct location shown on the grading plan and that measures have been taken to ensure their survival. 1. Existing trees must conform to the minimum sire requirements (identified in B above) to be credited. 2. Plants must be of approved species as currently recorded by the City as appropriate materials. Weak wooded and disease prone species are not suitable for credit. F LL - 1.: ieuc 1.;+ -01 FkUM WESTWUUD FkUF. SEkviLEL TU aa'a -a% i3O: U. "preserved" plants which are acceptable under the provisions herein can be counted at the rate of 1:1 (each saved tree counts as one "tree" towards the required number), providing the preserved trees are healthy. 3b. Exceptionally large and strategically located plants being saved may he eligible for additional credit of up to 9 times the credit of a new plan if the developer can successfully show that he can save it and that its value to the overall project can be shown to be fulfilling the purpose of perimeter lot enhancement, screening, or entry enhancement. The City shall determine the credit value of such "strategic" trees. T \C \V D. VARIATION OF PLANT SIZES 1. For all landscape plans, at least 10% of the evergreen and /or deciduous canopy trees must exceed the minimum size (to 7' high and 31" cal. B a B respectively) to establish some diversity in size. 2. For multi - family projects, 20% of the required plants shall be of the larger sizes. These plants shall be used in the areas where Children are most likely to play. f l ��;i S: [ 3� i7 R -RL•I -3453 A. Within all new parking lots in excess of 25 spaces, landscape islands shall be provided. Landscape islands shall be at least 5% of the parking lot area or 1 island per 18 parking spaces. A parking island is •`L considered to be 9' x 18', although the shape will be a design option of the developer. B. Industrial yard storage is exempted from the parking lot island requirement. C. Landscaping of parking lot islands shall include some combination of rock mulch, lawn, shrubs and /or trees. D. Parking lot screening shall be provided on the perimeter of any new parking lot in excess of 12 spaces. Screening shall be provided using Shrubs, evergreen trees, fencing or berming to minimize the effect of headlights, and reflected light from bumpers, grills and headlights. Screening must attempt to address at least 60% of the perimeter where views of the parking lot could originate. Effectiveness of the screening shall be 80% opacity (on fencing). Berming must achieve 30" high to provide 80% opacity on 3' high screening. Plant materials must be spaced no more than 30" apart on single rows of deciduous shrubs, 98" apart on double staggered rows of deciduous shrubs, with initial planted height of at least 2'. Evergreen trees must be placed no further than 8' apart, to be counted as screening. E. All parking lot islands or landscape areas must be separated from the parking Surface by cast in place concrete curbs. ILL I� Yi'ie 1Z ;41 FhJM WE' >TWUUD F'kJF. �ERQICE�_ T., 44,4,.4'_ F'. 0 New developments shall make apparent design efforts to fully screen service areas, trash storage, loading, mechanical equipment, and other similar areas, from view by the general public or adjacent residential areas. The screening provisions for parking lots shall be followed except that berming and fencing heights must be increased to a' and 6' respectively to screen these areas. GROUNDS AND LAWNS A. All areas must be finished off with a stable, landscape or constructed surface. No site areas can be left unfinished, subject to erosion. B. All "front" lawn areas (from buildings to the street) shall be sod. All slopes in excess of 8:1 (12 }1) shall be sod. All drainage swales shall be sod and at least 1' wile of sod providgo adjacent to all paved surfaces or curbs. Seeding or reseeding is allowed less visible or large and remote portions of a site. C. Slopes in excess of 3:1 will not be allowed in areas intended for maintained turf. Slopes of up to 1 }:1 may be allowed with a slopE stabilization plan approved by the C. "y. D. All areas to be lawn shall have a br . -in irrigation system. An irrigation plan shall be required a- .,ie time cf obtaining the building permit. This plan shall indicate the ovetlapp.ing pattern, head type, control type and location, source of water and. connection method. A. All plants shall be guaranteed by the developer for one year after total project acceptance. B. irrigation shall be guaranteed until the May 1st after the plant guarantee expires. C. The developer shall notify the City prior to total project acceptance, for City concurrence on the acceptability of the complete landscape installation. The City shall issue a letter accepting the installation and therein fixing the date for guarantee purposes. D. The developer shall post a letter of credit with the City for the complete landscape installation (plants, and irrigation). The letter of credit shall be held by the City and use is necessary to effect satisfactory completion of the project for incomplete or failed work. The value of the letter of credit shall be 1251 of the estimated construction costs for plants, irrigation, mulch and edgers. E. Release of the letter of credit or unused balance shall occur following the City review of landscape and irrigation just prior to the nay 1st expiration of guarantee of the irrigation system, providing that the plants are acceptable and irrigation operable on that date. SUBmISSIOs R[4JIRMENTS A. landscape plans must be drawn to scale, show all proposed plants, quantities and sizes. The plan(s) must include the entire project area. H. Supplemental plans, details, cross - sections, shall be provided As necessary to demonstrate the design intent, clarify entry features, and screening. C. x copies of all plans shall be submitted. C'est finil O�U"�