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HERITAGE COMMUNITY V9,Y9 -4'
1 1991 2091
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REGULAR PLANNING COMMISS MEETING
AGENDA
FEBRUARY 20, 1992',,
CALL TO ORDER
RWIEW MINUMS OF PREVIOUS MEETING
PUBLIC HEARING COMPREHENSIVE PLAN PROGRESS LAN) CO.
HEARING
f:ii07i. H
HEARING
HEARING
* Indicates a Public Hearing
AMEN74ENT REZONING WARREN ISREALSON
SIDEYARD & LAKESHORE JON MCLAIN
VARIANCE
LAKESHORE & SEPTIC MARK MANTHEY
SIDEYARD VARIANCE PRIOR LAKE PEP
CLINIC/DR.SCHWANPES
FRONT YAM SETBACK E 2 S10P /CFONTN GOOD
& SIGN ORDINANCE
VARIANCE
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. S.E., Prior Lake. Minnesota 55372 / Ph. (612) 447 -4230 1 Fax (612) 4474245
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HERITAGE,
1891
COMMUN TY 9<`!1• t'
1991 2091
PLANNING COMMISSION
MINUTES
DECEMBER 19, 1991
J
The December 19, 1991, Planning Commission Meeting was called to
order by Chairman Loftus at 7:30 P.M. Those present were
Commissioners Loftus, Arnold, Wells, Roseth, Assistant City
Planner Deb Garross, and Secretary Rita Schewe. Commissioner
Kedrowski was absent.
ITEM I - REVIEW MINUTES OF PREVIOUS MEETING
MOTION BY ARNOLD, SECOND BY ROSETH, TO APPROVE THE MINUTES AS
WRITTEN.
Vote taken signified ayes by Arnold, Roseth, Wells, and Loftus.
MOTION CARRIED.
ITEM II - PUBLIC HEARING - WOODRIDGE ESTATES REZONING
The Public Hearing was called to order by Chairman Loftus at 7:32
P.M. The public was in attendance.
Deb Garross presented the information on the Woodridge Estates
Rezoning as per memo of December 19, 1991. The rezoning was
approved by the Planning Commission on June 20, 1991, and by the
City Council on August 5, 1991. The Council approved the rezoning
subject to Metropolitan Council approval and a sunshine date of
November 15, 1991, be incorporated which would give the
Metropolitan Council approximately 90 days to approve the
comprehensive Plan. The Metropolitan Council reviewal of the
Comprehensive Plan amendment to incorporate the subject site into
the Urban Service Area and change the land use designation from
Agricultural to Low Density Residential is still underway. A
decision should be forthcoming in January of 1992 and Staff
;anticipates the Metropolitan Council will approve the amendment.
However, the sunshine date has expired which thereby necessitates
a Public Hearing to rezone the site from A -1 Agricultural to R -1
Urban Residential.
Recommendation from Staff is to approve the rezoning application
as requested subject to approval by the Metropolitan Council.
The developer has been granted preliminary plat approval of a
single family subdivision for the site and the zoning should be
changed to accommodate anticipated development for this area.
4629 Dakota St. S.E.. Prior Lake. Minnesota 55372 / Ph. (612) 4474230 / Fax(612)447-4245
PRIOR LAKE PLANNING COMMISSION MINUTES DECEMBER 19, 1991 PAGE 2
Consensus from the Commissioners were in agreement of the
rezoning request.
MOTION BY ROSETH, SECOND BY WELLS, TO RECOMMEND TO THE CITY
COUNCIL THE APPROVAL OF REZONING FROM A -1 AGRICULTURAL TO R -1
URBAN RESIDENTIAL FOR WOODRIDGE ESTATES. RATIONAL BEING THAT IT
IS CONSISTENT WITH THE COMPREHENSIVE PLAN AND HAS BEEN PREVIOUSLY
EVALUATED AND APPROVED BY THE PLANNING COMMISSION AND CITY
COUNCIL. RESIDENTIAL LAND USE IS APPROPRIATE FOR THE AREA AND
WOULD BE CONSISTENT WITH THE SURROUNDING NEIGHBORHOOD.
Vote taken signified ayes by Roseth, Wells, Loftus, and Arnold.
MOTION CARRIED.
MOTION BY ROSETH, SECOND BY ARNOLD, TO CLOSE THE PUBLIC HEARING.
Vote taken signified ayes by Roseth, Arnold, Wells, and Loftus.
MOTION CARRIED. Public Hearing closed at 7:39 P.M.
Ms. Garross informed the Commissioners that the Wade Allison
variance decision has been appealed by the applicant to the City
Council and will be on the Council agenda January 20, 1992.
MOTION BY ARNOLD, SECOND BY ROSETH, TO CANCEL THE JANUARY 2,
1992, PLANNING COMMISSION MEETING AS THERE WERE NO ITEMS FOR THE
AGENDA.
Vote taken signified ayes by Arnold, Roseth, Loftus, and Wells.
MOTION CARRIED.
ITEM III - DOUGLAS THEILBAR- LAKESHORE VARIANCE
Duane Sibbet, contractor for the applicant, Douglas Theilbar,
13733 West Preserve Blvd. Burnsville, MN, stated they are
requesting a 44 foot lakeshore variance from the 904 contour line
to construct a single family home at 15329 Breezy Point Road.
Deb Garross presented the information as per memo of December
19, 1991. The site is relatively flat and low lying and will
require fill in order to provide a building pad that is compliant
with the flood plain ordinance. The existing cabin and garage is
proposed to be removed. This neighborhood was platted in 1923
with lots that are severely substandard by current zoning
regulations. Any new construction or additions have required
extensive setback and coverage variances. In this development
lakeshore variances have been granted within 9 feet of the 904
contour. The subject site is the largest platted lot within the
subdivision. However, due to its location on a peninsula, the
904 encroaches on three sides on the site. There is no building
envelope that meets required setbacks from the 904. There is an
PLANNING COMMISSION MEETING MINUTES DECEMBER 19, 1991 PAGE 3
administrative lot split application for Lot 17 Breezy Point,
being considered. Staff's recommendation is to approve the
variance with conditions and rational as listed in the memo.
Comments from the Commissioners were on removal of existing
structures, notification of neighbors, planting replacement, and
lot split procedures.
MOTION BY ARNOLD, SECOND BY WELLS, TO APPROVE A 44 FOOT LAKESHORE
VARIANCE FOR 15329 BREEZY POINT ROAD SUBJECT TO THE FOLLOWING
CONDITIONS:
1. THE APPLICANT GRANT THE CITY AN EASEMENT FOR UTILITY PURPOSES
OVER LOT 17, AS REQUIRED BY THE CITY ENGINEER.
2. THE VARIANCE APPROVAL BE SUBJECT TO AN APPROVED
ADMINISTRATIVE LAND DIVISION FOR LOT 17, BREEZY POINT.
3. THE EXISTING CABIN AND GARAGE BE REMOVED.
.. A PLANTING PLAN BE SUBMITTED, ACCEPTABLE TO STAFF INDICATING
THE PURPOSED LOCATION OF NEW TREES. THE PLANNING COMMISSION
SUGGESTED THE TREES BE REPLACED ONE FOR ONE.
RATIONALE BEING THAT THE HARDSHIP IS NOT THE RESULT OF THE
PROPERTY OWNER BUT IS CAUSED BY THE ORDINANCE. THE SITE WAS
SUBDIVIDED BY A PREVIOUS GOVERNMENT AND IS NON - CONFORMING TO
CURRENT PRIOR LAKE ZONING STANDARDS. THE LOT IS VERY SHALLOW AND
LOCATED ON A PENINSULA THEREFORE NO BUILDING ENVELOPE WOULD BE
AVAILABLE ONCE SETBACK STANDARDS ARE APPLIED. THE VARIANCE
REQUESTED IS CONSISTENT WITH PREVIOUS APPLICATIONS WITHIN THE
NEIGHBORHOOD AND WOULD NOT BE DETRIMENTAL TO THE HEALTH AND
WELFARE OF THE COMMUNITY.
Vote taken signified ayes by Arnold, Wells, Roseth, and Loftus.
MOTION CARRIED.
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 8:15 P.M
Hall.
Tape of meeting on file at City
Deb Garross
Assistant City Planner
Rita M. Schewe
Recording Secretary
P RIFj\
HERITAGE
1891
COMMUNITY TA/J":(7'
1991 2001
PLANNING REPORT
SUBJECT: COMPREHENSIVE PLAN AMENDMENT AND REZONING
APPLICANT: WARREN J. ISREALSON, PROGRESS LAND COMPANY
PRESENTER: HORST GRASER, DIRECTOR OF PLANNING
PUBLIC HEARING: X YES NO
DATE: FEBRUARY 20, 1992
SUBJECT:
The Planning Department has received an application from Warren
J. Israelson (the applicant), to amend the Land Use Plan of the
Prior Lake Comprehensive Plan. In general, the applicant is
requesting the change in designation from predominantly
industrial to predominantly low density residential for 97 acres
lying southeast of the intersection of County Road 42 and 21 (see
attached zoning map for location).
Specifically the applicant requests to change three of the four
land use designations for the subject site on the land use plan
of the Comprehensive Plan as follows:
1. Six acres of agricultural to low density residential.
2. Three acres of public open space to single family
residential.
3. Eighty - five acres of industrial to single family
residential.
The three acres of natural open space in the southeast corner of
the subject site is not included in this application. For detail
please refer to the attached Comprehensive Plan map. This
amendment must be approved by the Metropolitan Council, however,
it is considered a minor amendment with a 60 day maximum review
period.
The applicant has also filed a rezoning application to implement
the Comprehensive Plan in the event the amendment is successful.
Should the Comprehensive Plan amendment fail, then the rezoning
application becomes a mute issue. Either the applicant withdraws
his application or the Planning Commission denies the rezoning.
LAND USE DESIGNATION AND ZONING:
The current Comprehensive Plan was adopted in 1981 and amended
four times since then. Both the zoning and subdivision
ordinance, along with the city policy statements, implement the
land use plan found on the plate opposite page 24 in the plan.
The function of the zoning ordinance is to establish the zones
recommended in the plan such as R -1, B -1, etc. Zoning also
regulates and establishes minimum standards to accommodate land
uses relationships in a safe and orderly way. The subdivision
ordinance on the other hand regulates the relationship of
parcels, lots, open spaces, roads, and parks.
4629 Dakota St. S.E.. Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax 612) 4474245
This relationship is formally established at the time of
subdivision in accordance with the plan. It is at this time the
City established its interest in the land through park
dedication, wetland preservation, road dedication or any other
land form or system that because of whatever existing laws must
be part of the public domain.
What should not happen is the zoning ordinance implement open and
natural space and park land. Zoning districts do not have the
necessary flexibility needed in the design and lay -out of
subdivisions. However, this is what occurred early in Prior
Lake's planning history. A conservation district was formed to
reserve large amounts of open space, proposed park land and
natural features. The amount of C -1 Conservat land is far in
excess of the 10% park dedication requirement or the ability of
the City to acquire the land. To implement its task of reserving
land, the C -1 district has a minimum lot size of 10 acres with
permitted uses such as agricultural, animal raising, marinas,
camps, and cottages.
It is obviously difficult however not impossible to work with the
conservation district to address the objectives of the plan. On
the other hand the elimination of the C -1 district would in no
way compromise the City's opportunity to implement the plan.
Rather it would shorten the planning process, reduce the
processing cost and eliminate a cumbersome and ineffective way of
urbanizing land.
SITE ANALYSIS
The subject site contains approximately 97 acres of land located
1/4 mile southeasterly of the intersection of County Road 42 and
21 and lying northerly of Raspberry Ridge Subdivision. The
attached Existing Conditions Map indicates the physiography of
the site. The west edge of the site is bordered by County Road
21 which is a minor arterial in the plan. Running parallel to
the County Road is an abandoned 100 foot railroad right -of -way.
This right -of -way is currently classified as public open space
and was part of a trail system that was to connect Shakopee to
Cleary Lake Park. This concept was abandoned when the
right -of -way through Raspberry Ridge was converted to residential
lots. Between the railroad right -of -way and County Road 21 is a
long narrow strip of agricultural. It is doubtful that this
strip has ever been cropped or used for any purpose related to
agricultural. This strip contains a wetland, steep slopes,
woods, and unstable soils. In the southeast corner of the site
is a DNR protected wetland with adjacent steep slopes and
considerable overstory. There are five additional wetlands
throuvhout the site which are also protected via the recent State
of Minnesota's "No Net Loss Wetlands Act ". The rest of the site
slopes predominately from the south to north and is currently
cropped.
COMPREHENSIVE PLAN REFERENCES
The Comprehensive Plan contains policy statements which
specifically address the subject site.
POLICY 9: To preserve employment opportunities for future
development, approximately 280 acres has been reserved for a high
amenity industrial office park at the intersection of County
Roads 21 & 42.
The Comprehensive Plan indicates that this site will not likely
be available for development until after the year 1990. Situated
at the intersection of County 21 and 42, this site is comprised
of rolling agricultural land. This site is viewed by the City as
an industrial land reserve which may offer employment
opportunities to future residents. It will become a special area
designed to accommodate research and testing laboratories,
offices, light manufacturing and wholesaling. In addition,
Policy 10 indicates that the City Council and Chamber of Commerce
will work together on a program focused upon the industrial
potential of Prior Lake.
In 1987, the Prior Lake 2000 Committee surveyed community members
as to their industrial development preference. A majority of
survey respondents indicated overwhelmincj support for the
promotion of industrial development within Prior Lake.
PREVIOUS PROPO
In 1989, Mr. Israelson applied for a Comprehensive Plan amendment
and rezoning for the same site for a residential development.
The City Council eventually denied the application citing that
industrial development is a critical part of Prior Lake's future.
The Council did however at Mr. Israelson's request, commission a
study to determine the location of the best industrial sites in
Prior Lake. In summary, the study identified five potential
sites. The subject site and Vierling property to the north were
not included in the list. The City Council, Plannincj Commission,
and Economic Development Committee were involved in the review
process. The current industrial site development program is
based on the findings of the study. However, the implementation
of the industrial study report was to be incorporated in the
revised Comprehensive Plan which is currently near completion.
STAFF ANALYSIS
The subject site is part of the urban service area with both
sewer and water available in raspberry Ridge to the south. The
physiography is a desirable amenity for residential but costly
for industrial. This site together with 160 acre Vierling farm
to the north have been identified as residential in a study
previously approved. Industrial development will be pursued
adjacent to County Road 21 in the southeast corner of Prior Lake
and northwest of the intersection of County Road 42 and 18.
It is important to remember that this amendment is developer
driven, the timing of which is not conducive to the completion of
the revision of the Comprehensive Plan. However, this amendment
is consistent with the direction of the Council and the proposed
land use plan. The existing conditions map reveals several
important natural features which will be protected via existing
policies of the plan. A north south trail system has also been
identified to connect an east -west trail system through Raspberry
Ridge Park to the future commercial site at County Road 21 and
42. The wetland and adjacent overstory in the southeast corner
of the site is a neighborhood identifying feature and should be
public with considerable opportunity for viewing and access. The
other five wetlands in the site should be preserved through good
design and their value shared with the entire neighborhood.
Staff recommends approval of the petition to amend the
Comprehensive Plan for the reference site from industrial to low
density residential since;
1. The amendment is consistent with an adopted industrial
land strategy previously approved by the City Council.
And including the following conditions in the amendment;
1. Change the land use map from industrial to low density
residential.
2. incorporate a trail system from the natural feature in
the southeast to the north and south thereby connecting
a future retail area to the north and an east -west trail
system to the south.
3. Make the existing conditions map an interim adendum to
the development constraints plate in the plan.
Staff further recommends approval of the rezoning as applied for
since it is consistent with the Comprehensive Plan.
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CITY OF PRIOR LAKE
APPLICATION FOR AM UIENT TO CITY CODE OR CITY ORDINANCE
Applicant: Progress Land Company Home Phone
Work Phone
Address: 14300 Nicollet Court Suite 335 Burnsville,
Section of Ordinance Amendment
is Requested for: Comprehensive Plan Am endment
Describe Amendment: Change Comprehensiv
Reasons for the Request: (Nay Attach) To allow subdividion of property
into single family lots
idential
SUBMISSION REQUIRMOTPS
(A.) Completed application form. (B.) Filing Fee. (C.) Parcel Identification
Nurber (PID).
ONII,Y COMPLETE APPLICATIONS SHALL BE REVIEWED BY THE PLANNING O01Q1ISSION.
To the best of my knowledge, the information presented on this form is correct.
In addition, I have read Section 7.9 of the City Zoning Ordinance which
specifies the requirements for amendments. I agreeee, to provide information and
follow the procedures as outlined in the Ordinance. / /f
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Applicants' SignatuC
Submitted this j,�day of 7� 19] e i
Fee Owners Signature
THIS SECTION TO BE FILLED OUT BY THE PIMMINIG DIRECTOR
PLANNING ODKIISSION _APPROVED _DENIED
CITY COUNCIL APPROVED _DENIED
HFARING DATE
HEARING DATE
CONDITIONS:
Signature of the Planning Director
Date
"Cf.92PN"
HERITAGE
1891
COMMUNITY 9<'7I'�_ t
1991 209/
CITY OF PRIOR LAKE
NOTICE OF PROPOSED COMPREHENSIVE PLAN AMENDMENT
PUBLIC HEARING
Notice is hereby given that the Prior Lake Planning Commission
will hold a public hearing in the City Council Chambers at 4629
Dakota Street S.E. on Thursday, February 20, 1992 at 7 :30 P.m-
The purpose of the public hearing is to consider an application
from Warren J. Israelson of Progress Land Company, Inc., to amend
the City of Prior Lake Comprehensive Land Use Plan. The
applicant requests that the following generally described
property be re- designated from Industrial, Agricultural, and
Public Open Space Land Use to Low Density Residential Land Use.
The properties total 97 acres and are generally described as
follows:
AGRICUL':URAL:
Approximately six acres lying directly adjacent to and east of
County Road 21 and directly adjacent to and west of the abandoned
Chicago - Milwaukee railroad right -of -way. This 200 X 1400 foot
strip of land is located one half mile south of the intersection
County Road 42 and County Road 21.
PUBLIC 0 ?EN SPACE:
Approximately three acres of land consisting of the abandoned
Chicago - Milwaukee railroad right -of -way. This site is a narrow
strip of land measuring about 100 X 1400 feet and lying one half
mile south of the intersection of County Road 42 and County Road
21 and about 200 feet east of the County Road 21.
INDUSTRIAL:
The industrial designation consists of about 85 acres of land
east of County Road 21 and one half mile south of the
intersection of County Road 21 and County Road 42.
n
Deborah Ann Garross
Assistant City Planner
City of Prior Lake
For a detailed description and maps of the above described land,
contact the Prior Lake Planning Department at 447 -4230.
To be published in the Prior Lake American on Monday, February 10
and February 17, 1992.
4629 Dakota St. S.E.. Prior Lake. Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 447 -4245
PROPOSED COMPREHENSIVE PLAN AMENDMENT
42
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TO CHANGE LAND USE DESIGNATION TO LOW DENATY REWDENTIAL
FOR ENTME 97 ACRE SUBJECT SITE
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RASPERRV
SUBDIVISION
NATURAL OPEN SPACE
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CITY OF PRIOR LAKE
APPLICATION FOR REZONING
Home Phone: 44 / -b968 Work Phone: 4Jb
Property Owner: Progress Land QgBD nv:. Ina.Ph 4,35 -3.115
Address:
Consultant -
Address: Ph one:
Location of proposed rezoning.- Faqt of rnunty Road 91, If. Mile Snnth of r mint Rod(
Present Zoning: Industrial P roposed Zoning: Res- tdential 4;
Property Acreage Existing use
to be rezoned: 96 Acres of Property: Anriculture
Intended use(s) of property: snhdivide into single family lots_
Reasons for Request: allow subdivision into sinale family lots_
Deed Restrictions: _No Yes If so, pleas` attach.
Has the Applicant previously sought to plat, rezone, obtain a variance or conditional
use permit on the subject site or any part of it: _YO Yes what was
SUBM ISSION REQUIE MM . (A)Complete application form. (B)Conplete legal
description & Property Identification Number (PID). (C) Filing fee. (D)Deed
restrictions, if necessary. (E)Fifteen copies of a site plan drawn to scale showing
existing and proposed structures, lot boundaries, foliage and topography on site and
within three hundred (300) feet of the property. (F)Soil tests, if pertinent.
(G)Certified from abstract firm the names and addresses of property owners within 300
feet of the exterior of the property lines of the subject property.
ONLY OOMPLETE APPLICATIONS WILL BE REVIENFD BY THE PLANNING COIMIISSION.
To the best of ny knowledge the information presented on this form is correct. In
addition, I have read Section 7.9 of the Prior Lake Zoning Ordinance which specifies
requirements for rezoning procedures. I agree to provide information and follow the
procedures a /, out�ined'in the Ordinance.
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Apaicant S gnat re - Date
Fee Owners- Signature Date
THIS SECTION To BE FILLED IN BY THE PLANNING DIRECTOR
PLANNING OONNISSICN A PPROVED _D ENIED DATE OF HEARING
CITY COUNCIL _ APPRMED _D ENIED DATE OF HEARING
CONDITIONS•
Signature of the Planning Director Date
/V PRIa� HERITAGE COMMUNITY
1891 1991
U
"RZ92PN"
CITY OF PRIOR LAKE
NOTICE OF PROPOSED REZONING
PUBLIC HEARING
Notice is hereby given that the prior Lake Planning Commission
will hold a public hearing in the City Council Chambers at 4629
Dakota Street S.E. on Thursday, February 20, 1992 at 7:30 p.m.
The purpose of the public hearing is to consider an application
from Warren J. Israelson of Progress Land Company, Inc., to
rezone the following legally described property from I -1 Special
Industrial and C -1 Conservation to R -1 Urban Residential.
LEGAL DESCRIPTION OF LAND
CURRENTLY ZONED I -1 SPECIAL INDUSTRIAL:
That part of the Southwest Quarter of Section 26, Township 115,
Range 22, Scott County, Minnesota, and that part of the now
abandoned Chicago, Milwaukee 4nd St. Paul railroad right -of -way
described as follows: Commencing at the most northerly corner of
Lot 9, Kopp's Bay Addition, Scott County, Minnesota; thence
southwesterly along the northwesterly line of said Lot 9, a
distance of 50.00 feet to the angle point on said Lot 9; thence
on an assumed bearing of the North 60 degrees 21 minutes 18
seconds West a distance of 50.6 feet more or less to the
northwesterly right -of -way line of Lila Lane as platted; thence
continuing North 60 degrees 21 minutes 18 seconds West a distance
of 256.68 feet thence North 22 degrees 53 minutes 50 seconds
East a distance of 570.00 feet; thence North 48 degrees 18
minutes 02 seconds East a distance of 615.93 feet; thence North
66 degrees 43 minutes 00 seconds West a distance of 195.04 feet;
thence North 67 degrees 19 minutes 18 seconds East a distance of
731.50 feet to the point of beginning of the land to be
described; thence continuing North 67 degrees 19 minutes 18
seconds East a distance of 250.04 feet more or less to the east
line of said Southwest Quarter; thence northerly along said east
line of the Southwest Quarter to the northeast corner; thence
westerly along the north line of said Southwest Quarter a
distance of 2287.00 feet; thence South 7 degrees 00 minutes 00
seconds West a distance of 610.00 feet; ther::e southerly to a
point on the north line of Raspberry Ridge, Scott County,
Minnesota distant 560.00 feet easterly of the northwest corner of
said Raspberry Ridge; thence easterly along the north line of
said plat of Raspberry Ridge a distance of 690.00 feet; thence
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax(612)447-4245
northerly perpendicular to the north line of said Raspberry Ridge
a distance of 140.00 feet; thence easterly to the point of
beginning.
AND
Outlot A, Raspberry Ridge
LEGAL DESCRIPTION OF LAND CURRENTLY
ZONED C -1 CONSERVATION:
That part of the Southwest Quarter of Section 26, Township 115,
Range 22, Scott County, Minnesota, described as follows:
Commencing at the most northerly corner of Lot 9, Kopp's Bay
Addition, Scott County, Minnesota; thence southwesterly along the
northwesterly line of said Lot 9, a distance of 50.00 feet to the
angle point on said Lot 9; thence on an assumed bearing of the
North 60 degrees 21 minutes 18 seconds West a distance of 50.6
feet more or less to the northwesterly right -of -way line of Lila
Lane as platted; thence continuing North 60 degrees 21 minutes 18
seconds West a distance of 256.68 feet; thence North 22 degrees
53 minutes 50 seconds East a distance of 570.00 feet; thence
North 48 degrees 18 minutes 02 seconds East a distance of 615.93
feet; thence North 66 degrees 43 minutes 00 seconds West a
distance of 195.04 feet; thence North 67 degrees 19 minutes 18
seconds East a distance of 731.50 feet to the point of beginning
of the land to be described; thence South 67 degrees 19 minutes
18 seconds West a distance of 731.50 feet to the easterly line of
Raspberry Ridge, Scott county, Minnesota; thence North 01 degree
42 minutes 59 seconds West along said east line to the north line
of said Raspberry Ridge; thence westerly along the north line of
said Raspberry Ridge a distance of 488.41 feet; thence northerly
perpendicular to the northerly line of said Raspberry Ridge a
distance of 140.00 feet; thence easterly to the point of
beginning.
Together with that part of the Southwest Quarter of said Section
26, and that part of the now abandoned Chicago, Milwaukee and St.
Paul railroad right -of -way lying northerly of Raspberry Ridge,
Scott County, Minnesota, and westerly of the following described
line: Commencing at the northeast corner of the Southwest Quarter
of said Section 26; thence North 88 degrees 18 minutes 14 seconds
West along the north line of said Southwest Quarter a distance of
2287.00 feet to the point of beginning of the line to be
described; thence South 07 degrees 00 minutes 00 seconds West a
distance of 610.00 feet; thence southerly to a point on the north
line of said Raspberry Ridge distant 560.00 feet easterly of the
northwest corner of said Raspberry Ridge and there terminating.
Or more commonly described as approximately 97 acres of land
located 1/2 mile southeasterly of the intersection of County Road
21 and County Road 42. If you desire to be heard in reference to
this rezoning, you should attend this public hearing. Written
and /or oral comments will be considered by the Planning
Commission.
xxeclj
Deborah Ann Garross
Assistant City Planner
City of Prior Lake
To be published in the Prior Lake American on Monday February 10
and February 17, 1992.
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ROGRESS LAND Gi�INC., REZ
AND COMPRE1WNSIVE PLAN AME E .
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VARIANCE
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HERITAGE COMMUNITY 9IJw-
1891 1991 2001
PLANNING REPORT
SUBJECT: Lakeshore and Side Yard Variance
APPLICANT: Jon and Julie McLain
SITE ADDRESS: 5426 Fairlawn Shores Trail
PRESENTER: Sam Lucast
PUBLIC HEARING: YES X NO
DATE: February 20, 1992
SITE ANALYSIS
HISTORY /BACKGROUND
The subject site is a lot of record adjacent to Prior Lake,
platted in 1923, containing approximately 9,750 square feet.
Originally built in the 1940's, the structure has been remodeled
and had other additions and improvements since first constructed.
It is located in an intensely developed area with decks,
retaining walls, and stairways. The general setbacks for
neighboring homes from the O -H -W (Ordinary High Water) mark
appear to be in the fifty foot range.
The applicant is applying for a 4.5' side yard, 42.5' lakeshore,
and a 9% lot coverage variance.
PREVIOUS PROPOSALS:
The applicant has not applied for any variances, but has been
issued building a permit. A previous owner applied for and
received two side yard variances.
PHYSIOGRAPH
The area from the street to the rear of the house is flat to
slightly sloping. The area from the rear of the house to the
lake is very steep falling approximately twenty (20) feet in
elevation over a sixty (60) foot horizontal distance. Adjacent
lots have similar physiography.
ADJACENT USES:
T e e� ntire area is developed with single family dwellings located
at a distance which today would require variances. These
dwellings have decks and other features oriented toward the lake.
EXISTING CONDITIONS:
Improvemen s at a rear (lakeside) of the home include a
concrete slab, deck, retaining wall, and stairways. The deck is
approximately two (2) feet from the property line on the west
4629 Dakota St. S.E, Prior lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 447 -4245
side of the lot and has a privacy wall on the same side.
Stairs allow access to the back yard and beach area. The
retaining walls are located on the northeasterly and
southwesterly property lines. They are also located adjacent to
the concrete slab and shoreline.
Lot coverage by impervious surface is 40 %. Section 9.3A 1 of the
Zoning Ordinance limits the impervious surface coverage to 30% of
the lot area in the Shoreland District. The impervious surface
will be reduced as a result of this construction.
NEIGHBORHOOD ISSUES /IMPACT /CONCERNS
The neighborhood is an older, oriented neighborhood. The
addition is a reaction to the existing development patterns. The
area of the proposed addition is already in use as a deck and
the distance from the property line and lakeshore will be
greater than currently exist.
Impacts should be reduced from those which currently exist. The
westerly side setback will increase from two (2) feet to
approximately five and one half (5.5) feet. The lakeshore
setback will increase from forty (40) feet to 42.5 feet.
However, the addition which replaces the deck may affect the
westerly neighbor. The proposed addition's walls will be taller
than the existing one.
The only concerns exist with the westerly neighbor and the
higher wall of the addition. The solid walls of the addition
will directly impact the westerly neighbor. However, Staff feels
this request is reasonable and logical because of the existing
conditions and that the views will not be damaged. The
Department of Natural Resources (DNR) has no objection to the
variances because they are farther from the lakeshore and reduce
the amount of impervious coverage.
PROBLEMS /OPPORTUNITIES
NO obvious problems have been identified with this variance. As
previously mentioned, the higher wall will impact the westerly
neighbor.
The opportunity exists to move development farther from the
property line and lakeshore. Also the impervious surface
coverage can be reduced a small amount.
RECOMMENDATION:
After considering all aspects of development, and input from the
DNR, Staff recommends approval of a 4.5' side yard, 42.5'
lakeshore, and a 9 % lot coverage ratio variance. Rationale being
the decrease in impervious surface coverage, larger setbacks from
the lakeshore and side property line. The proposal is reasonable
given the setback relationship of adjacent homes, and will not
decrease the opportunity to view the lake from abutting homes.
It is also consistent with the intent of the zoning code and is
not detrimental to the general health and welfare of Prior Lake.
e� WdL- of
! PIDI 7 T- O ? / - ° c ° - 3
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Applicant: "'/J C �� ^�
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Address: i a,_ rc
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Property Owners
Hone Phone: .4'J.' • f -�xx� ?
Address:
Work Phone: or' 724.
Type of Omership: F Contract
Purchase Agreemen
Consultant /Contractors :;�6. 1'�.„,berrx[
Existing Use
of Property: Si_ n�c /e Fad %T 1/��� GOr
Present Zoning:
Proposed Use
of Property:
Legal Description
f
SL�r
of Variance Site: f I
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Variance Requested: _l_ S 5i a�iaea ate'
n ow
- 4AA -r
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 �_ Ib
What, was requested:
04
SUBMISSION FMUIRII4ENTS
(A)Completed application form. (B)Filing fee. (C)Property Survey. (D)Certified from
abstract firm, names and addresses of property owners withi 100 feet of the
exterior boundaries of the subject property. (E)Cciiplete legal�escr -
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 OMMISSION.
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 this L day of C-44 19.L,2—
THIS SPACE IS TO BE FILLED OUT BY THE PLANNING DIROCTOR
PLANNING OD IISSION _ APPROVED _ DENIM
CITY COUNCIL APPEAL _ APPRWED _ DENIM
DATE of HEARING
DATE OF HERRIN'i
QONDTTIONSs �,[�
Signature of the Planning Director Date
"VA01PN"
HERITAGE
1891
COMMUNITY Tff' 5V_'r"
1991 2091
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 FEBRUARY 20, 1992 at 8:15 P.M.
PURPOSE OF HEARING: To consider a variance application,
for Jon and Julie McLain of 5426
Fairlawn Shores Trail.
SUBJECT SITE LOCATION: Lot 5 Fairlawn Shores.
REQUESTED ACTION: The applicant requests a 32.5'
Lakeshore, a 4.5' side yard, and a
9% (+ -) lot coverage ratio variance
to construct additional living
space. The addition will be placed
in within the area of an existing
deck. The new construction will be
farther from the lake and side lot
lines. Please see attached survey.
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
February 14, 1992
4629 Dakota St. S.E, Prior Lake, Minnesota 55372 1 Ph. (612) 447 -4230 / Fax (612) 447 -4245
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HERITAGE
1891
1991
PLANNING REPORT
SUBJECT: Lakeshore and Septic System Variance
APPLICANT: Mark Manthey
SITE ADDRESS: 15220 Howard Lake Road
PRESENTER: Sam Lucast, Associate Planner
PUBLIC HEARING: YES X NO
DATE: February 20, 1992
SITE ANALYSIS
HISTORY /BACKGROUND
The subject site is a 2.6 acre parcel located in the rural
service area adjacent to Howard Lake and County Road 17. Howard
Lake is a natural environment lake which occupies thirty -eight
(38) percent or one acre of the parcel leaving approximately a
1.6 acre lot to develop. The required setbacks are greater for
unsewered areas, natural environment lakes, and properties
adjacent to county roads. Structure setbacks are 200' from the
Ordinary High Water (O -H -W) mark (958' contour) on unsewered,
natural environment lakes and 150' from the centerline of county
roads. Septic system setbacks are 150' from the O -H -W mark.
When these setbacks are applied, there is not a building envelope
present on the lot.
Howard Lake Estates was platted in 1982. Two separate Zoning
Ordinance Amendments have bearing on the application. In 1987
Prior Lake adopted Ordinance 87 -07, Shoreland Management
Regulations. Shoreland Management established guidelines for
development adjacent to bodies of water. In 1988 Zoning
Ordinance Amendment 88 -09 increased the setback from County
Roads. These amendments, if applied literally, render the lot
unbuildable. The hardship is then due to the changes in the
ordinance not through actions of the applicant.
The applicant requests a 115' Shoreland variance to build the
house as proposed. The applicant also requests a 70' variance to
install a septic system.
PREVIOUS PROPOSALS:
There are no previous proposals on record at City Hall for this
piece of property.
PHYSIOGRAPHY
The parcel contains one relatively flat area in the northeast
corner of the lot at the 984' elevation. A pole barn is
located there and the house is proposed for the same area. The
remainder of the lot contains hills or low lying areas
COMMUNITY
4629 Dakota St. S.E.. Prior Lake. Minnesota 55372 / Pn. (612) 4474230 / F"(612)4474245
unsuitable fox building. The hill slopes to the south, east, and
west. The O -H -W mark is approximately ninety (90) feet away, at
the closest distance, from the flat area. This makes the slope
approximately twenty -nine (29) percent.
Howard Lake is a natural environment lake that is shallow with
weeds and other vegetation growing in scattered clumps. The
slope between the lake and proposed building site contains a
mixture of volunteer growth and some significant tree species.
This type of lake has been classified with the most restrictive
standards by the DNR - intended to protect the fragile
environment. It is imperative to locate the septic system and
structure as far from shore as possible.
ADJACENT USES:
County RoaU-l7 lies to the west of the lot and Howard Lake to the
south. To the north and east of the lot are platted lots. The
applicant owns the vacant northern lot. The eastern lot of over
seven (7) acres is developed with a single family dwelling and
is in separate ownership.
Howard Lake Estates is located on the western periphery of the
city. Adjacent development in the City of Shakopee allows
subdivisions of 2.5 acre lots. A residential /rural atmosphere
has developed over time. The City of Prior Lake no longer
allows this type of platting. The applicant's lots are part of a
handful of grandfathered lots of record in this part of the
community.
EXISTING CONDITIONS:
The site contains a 30 x 40 foot pole barn and a small herd of
goats. A bituminous driveway runs from Howard Lake Road south
past lots four (4) and five (5), but the pavement ends before'the
drive reaches the subject site.
NEIGHBORHOOD ISSUES /IMPAC�CONCERNS
This is a rural residential area with a sensitive ecosystem. The
lots were subdivided and development occurred before the lake was
classified as a Natural Environment Lake. Precedence has been
established for development in close proximity to a lake on a
lot substandard by current regulations.
Variance 88 -05 granted a 100' Lakeshore variance on Lot 1, Howard
Lake Estates, a lot with similar physical characteristics. The
site is also located in Howard Lake Estates and had just one area
in which to locate a structure and septic system. Constraints
included County Road, str• -acture, and septic system setbacks
which rendered the lot unbuildable, and slopes which limited
placement choices. The house was built in the only possible area
for development.
Attempts to mitigate the effect of development have been taken.
The drain field trenches run away from the lake. The house is
setback as far as possible from the lake while still leaving a
front yard for the occupant. Minimal amounts of vegetation are
proposed to be removed from the site.
PROBLEMS /OPPORTU
T e prTi�oblewith tie development site is that there is only one
spot on the entire lot to build. The lot is a lot of record,
subdividers and purchased before the Shoreland Ordinance was
adopted. When the greater unsewered lake setbacks are applied,
there is no place on the lot to build. It is anticipated that
the subject site will not receive city water and sewer service
for thirty (30) years or more. It is over two miles beyond the
proposed 2010 urban service area. This means the area within
the presently served year 2000 boundaries must be completely
developed before the services will be extended to the 2010 area.
That area must develop completely before services will extend
beyond it.
The opportunity currently exists to allow development and protect
the site as much as possible. The careful placement of house and
septic system as proposed, observe the spirit and intent of the
ordinance.
DEVELOPMENT SUMMARY:
Site area and statistics: 2.6 Acre lot 1.0 Acre pond
1.6 Acre net lot size
Zoning /setback requirement: Al SD
150' Structure setback from center line of county road
200' Structure setback from O -H -W mark of Howard Lake
measured from the 958 contour
150' Septic system setback from O -H -W mark of Howard
Lake measured from the 958 contour
20' Side yard setback from north and east property lines
Building coverage ratio: Maximum 30 % of lot
RECOMMENDATION•
After e Tu iderat ion of the unique situation on the lot
due to the slope, topography, legal nonconforming lot sizes, and
recent changes to the zoning setback provisions, Staff recommends
approval of the 115' Shoreland variance and 70' septic system
variance with the condition of filing a perpetual driveway
easement. The easement must be filed with Scott County to ensure
future access across lots four and five if they are sold. The
rationale for granting the variance is the literal enforcement of
the county road, septic system, and structure setbacks render
the lot unbuildable. The DNR does not object to the variance in
light of the unique circumstances, but wants as great a setback
as possible. The house is proposed in the only buildable spot
on the lot due to the slope and physiography, and is not a danger
to the health, safety, and welfare of the general public.
The hardship is caused by recent changes to the ordinance and is
not the result of actions of the property owner. The lot is
unique with respect to lot shape and is a legal nonconforming lot
of record. There are few remaining vacant lots of record
adjacent to Howard Lake. Therefore, the variance would not
likely create precedent for future applications.
51-�/ (1/'-eJ
Applicant: ( / IQ
Addreesa
Property Owner:
Address: 5a ...
Type of Cwnership: F
Consultant /Contractor
Existing Use 2. �
of Property:
of Property
Legal Descr
of Variance
Variance
i f
\, PID6 A 3 - •O
' =-Z- PRIOR LAKE v
` APPLICATION FOR VARIANCE 4q � _ pa �, f — 5 S rc e
e Bane Phone: S 3
Work Phone:
Horne Phone: Sra � • _
Work Phone:
Contract Purchase Agr eement
Zoning: A - 1 A
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 _
what was requested:
Why Disposition:
1
neacrihe the tvoe of .im rove eats Gi) proposed: 'nt CaM J
(A)Conpleted 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 i
Property Identification Number (PID) . (F)Deed restrictions or private oovenants, 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 REVIMED 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
reguiremento for variance proce-air v;. I agree to provide information and_ f the
procedures as outlined in the Ordinance. /yo . Q,' r r o l� . -
Submitted thisMLday of 19g� cau �$ ur
THIS SPACE IS TO BE FILL.m OUT BY THE PLANNING DIRBCTOR
PLANNING WWSSION _ APPROVm _ DENIED DATE OF HEARING
CITY COUNCIL APPEAL _ APPROVED _ DENIED DATE OF HEARING
W IN . "1
Signature of the Planning Director
Date
PRI
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. �� k;5
P
"VA22PN"
HERITAGE
1891
COMMUNITY 9l✓'S5f3.4 '
1991 2091
NOTICE OF HEARING
FOR
VARIA
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 FEBRUARY 20, 1992 AT 8:30 P.M.
PURPOSE OF HEARING: To consider a variance application
for Mark Manthey of 609 South Market
Street, Shakopee.
SUBJECT SITE LOCATION: Lot 3 Block 1 Howard Lake Estates.
REQUESTED ACTION: The applicant proposes to build a
single family dwelling with septic
system as indicated on the enclosed
drawings. The applicant is
requesting the Planning Commission
grant a 70' septic system setback
variance and a 115' Lakeshore
variance to allow the construction
of the dwelling 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: FEBRUARY 14, 1992
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447 -0230 / Fax (612) 447 -4245
CITY OF PRIOR LAKE
4629 Dakota Street S.E.,
Prior Lake, MN 55772
Phone / (612) 447 -4230 - FAX / 447 -4245
INFORMAL KENO
DATE: .�--
TO: �..'..
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SUBJECT:
TIME:
FROM:
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Response Required:
Yes
No F
MIR 11EIRO REGION 6 TEL:612- 772 -7577 Feb 11 92 14:18 No.011 P.oi
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DEPARTMENT OF NATURAL RESOURCES
METRO WATERS, 1200 Warner Road, St. Paul, MN 55106
PHONE NO. 772 -7910 FILE NO
January 7, 1991 �Q�►
Mr. Sam Lucast
City of Prior Lake 0, -
4629 Dakota Street S.E.
Prior Lake, MN 55372
RE: VARIANCE REQUEST, HOWARD LAKE (070 -73P)
Dear Mr. Lucast:
I have received the materials you sent me regarding the structure
and septic system setback variance request for the property on
Howard Lake (legal description not included with notice).
In reviewing the three alternative site locations for the drain
field, location numbers one and two appear preferred over location
13. The first two are higher in elevation, and probably have a
greater depth to groundwater. I would discourage use of location
#3, and not oppose a setback variance for either location 01 or 2.
As far as the structure setback, why can't the proposed house be
located north to reduce the setback variance? For natural
environment lakes, shoreland rules require 80,000 square feet lot
size, 200' structure setback, and 150' septic system setback. The
current proposal does not meet any of the three performance
standards. Although the structure location as proposed is not of
great concern to me, I would prefer greater effort be made to
reduce the structure setback to an absolute minimum. I believe
this can be accomplished be relocating the structure to the north.
Should this result in too narrow an area between the house and
existing barn, I encourage a side yard variance on the east
property line to offset.
Thanks for the opportunity to review and comment. Please call me
if you have any questions.
Sincerely,
i
Patrick J. Lynb -h
Area Hydrologist
PJL /kka:70 -73P
AN EQUAL OPPORTUNITY EMPLOYER
CERTIFICATE
OF
SURVEY
It
SCALE /"= 50'
a
"VA02PC"
PLANNING REPORT
SUBJECT: VARIANCE APPLICATION
APPLICANT: CHARLES SCHWANTES, PRIOR LAKE PET CLINIC
SITE ADDRESS: 16680 FRANKLIN TRAIL S.E.
PRESENTER: DEB GARROSS, ASSISTANT CITY PLANNER
PUBLIC HEARING: YES X NO
DATE: FEBRUARY 20, 1992
HISTORY /BACKGROUND
The Planning Department has received an application from Dr.
Charles Schwantes to consider a 40 foot east, side yard variance
for the Prior Lake Pet Hospital located at 16680 Franklin Trail
S.E. The required side yard setback in the B -3, General Business
District is 20 feet. However, when a business is located
adjacent to a residential zoned lot, the required setback is
increased to 60 feet. See attached %ZOning ordinance Section
5- 4 -1(D) for reference to the setback requirement.
PREVIOUS PROPOSALS:
Records indicate that the pet hospital was built in 1973. The
subject site was part of an annexation that also occurred in
September of 1973. Staff was unable to find a building permit
for the original construction of the pet hospital, and believes
that the building may have been constructed under Township
jurisdiction. Records do indicate that the pet hospital has been
renovated since construction.
Dr. Schwantes has been working with staff for the past year in
order to expand the existing pet hospital. A number of options
have been researched including construction of a new building,
renovation, and /or addition to the existing facility. The option
that Dr. Schwantes has chosen to pursue is to construct an
addition to the northeast side of the existing pet hospital, as
indicated on the attached survey.
PHYSIOGRAPHY
This parcel, as many in the B -3 Zoning District, has never been
formally subdivided. The lot is of irregular, triangular shape
which severely limits development potential. The site slopes
toward S.T.H. 13 and is relatively isolated due to the existence
of a drainage swale to the northeast, and S.T.H. 13 to the
northwest. Access is provided to the site via a private driveway
that crosses the west part of the adjacent "Franklin Trail Office
Condominium" lot.
4629 Dakota St. S.E.. Prior Lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax(612)4474245
DZVELOPMENT SUMMARY:
Thy sa a contains approximately 33,600 square feet and is zoned
B -3, General Business. Animal Clinics are a permitted land use
in the zoning district. The setback requirements are as follows:
50 foot front yard setback, measured from the S.T.H. 13
right -of -way line; 60 foot side yard setback measured from the
east property line and 20 feet, measured from the southerly
property line. There is no standard for coverage ratio within
the B -3 zone.
PLANNING CONSIDERATIONS:
The triangular lot shape combined with the 50 foot front yard
and 60 foot side yard setback requirements severely limit
development potential for the site The existing building has a
legal non - conforming setback of 17 feet to the side property
line. The adjacent lot is zoned R -3, Multiple Residential but
has sever development constraints due to the drainage swale that
exists on site.
RECOMMENDATION:
The recommendation from staff is to approve the 40 foot side yard
variance as requested. The hardship in this case is not caused
by the property owner but is due to the irregular, triangular lot
shape. The existing building location contains a legal
non - conforming setback which encroaches closer to the east
property line than the proposed addition. The addition is
proposed in the most logical part of the lot considering the
existing building location and setback restrictions on the lot.
The impact to the adjacent residential property is anticipated to
be minimal since a building on that lot will need to be located
in an area outside of the drainage swals. In addition, the
Zoning Ordinance (Section 6.10B), requires that business uses be
screened when they are located adjacent to residential zoned
lots. Staff will work with the applicant to develop an
appropriate plan to provide for required screening. Under the
circumstances described above, staff is of the opinion that the
variance would not be detrimental to the public health and
welfare and that the spirit and intent of the ordinance would be
realized.
Applicant: Prior Lake Pet Hospital - Dr. Schwantes Home Phones
Addresses 16680 Franklin Trail S.E. Work Phones 447 -2855
Property Owner: Same Home Phone:
Address: Fork Phone:
Type of Ownership: F Contract Purchase Agreemen
Consultant /Contractor: Valley Surveying Co. Inc.. Phone: 447 -2570
Existing Use
of Property: Pet Hospital Present Zoning: s -3
Proposed Use
of Property: Addition to existing hospital building as per attached survey.
Legal Description
of Variance Site: See Attached
Variance Requested: 40' side yard variance - Section 4.1D of Zoning Ordinance reguir
a 60' side yard setback to separate business from residential lots. The proposed setback is
Has the applicant previously sought to plat, rezone, obtain a variance or conditional 20'.
use permit on the subject site or any part of it? _Yes X No
What was requested: N/A
When: Disposition:
Describe the type of improvements proposed: _ .
SUBMISSION RDOUIREMEENI'S
(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 O"ISSION.
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.
Applicants Signature
Submitted this�day of 199'
Fee Owners Signature
THIS SPACE IS TO BE FILLED OUT BY THE PLANNING DIRECTOR
PLANNING COMKISSION _ APPROVED _ DENIED DATE OF HEARING
CITY COUNCIL APPEAL APPROVED _ DENIED DATE OF HEARING
CONDITIONS:
Signature of the Planning Director Date
City Property Information System
City of Prior Lake, MN
Legal Description Report
Run at 10:13 AM on 02/12/92 PAGE
PIN SQ Legal Description
- -- ---- -- --
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-4.a
5-4-1
CHAPTER 4
LOT, YARD, HEIGHT REGULATIONS
SECTION:
5-4 -1: General Requirements
6-4-2: Agricultural Preserves
5-4-3: Height Regulations
5-4 -4: Towers With Antenna
5-4_1
5-4-1: GENERAL REQUIREMENTS: The minimum lot area, minimum
depth of front yard, rear and side yard for each district shall be as
shown in the table following subsection (0) of this Sncdon. No proposed plat of a
new subdivision shall thereafter be approved unless the lots within such plots should
be equal to or exceed the minimum size as required for the district in which the
property is located, and shall include documentation which suggests the location for
both principal and accessory structures.
(A) Lou which abut on more than one street shall provide the required front
yards along; each street Rear yard setbacks shall not be required on comer
lots since side yard setbacks apply. (Ord. 83.8, 6.24.83)
(el All structures, whether attached to the principal structure or rot, and whether
open or enclosed, including porches, carports, balconies or platforms above
normal grade level, shall not project into any minimum front, side or rear yard
setbacks. Provided, however, accessory structures for all residential districts
shall be permitted within ten feet 1109 from the rear yard setback. (Ord.
65 -04, 1- 14.85)
(C) Any lot of record existing on May 7, 1973 (the effective date of this original
Zoning Ordinance) may be used for the erection of a structure conforming to
the use regulations of the district in which it is located, even though its area
and width are less than the minimum requirements of this Title, as amended.
(Ord. 84.10, 88.64)
(D) Nonresidential structures or uses shall not be located or constructed closer t
any property line of any other lot not commonly owned in any R District
than the distance specified in the following:
Nob: Sm Chrprw a of ew TV,, eloMr,a tf x for seuaxr ne+evraa of a Chynr.
nor
X4-1
6-4 -1
DI Minim side or rep yard
abutting any oI t M - R
mtr L Use
20 feet Off - street parking spaces and access drives
for nonresidential uses
40 feet Churches, schools and public or smi-
public structures
60 feat Recreation facilities, entertainment facil-
ities, all business uses and al l — industrial
uses --
(E) In new residential subdivisions, all structures may be arranged to include one
zero lot line provided that no windows or doom open on this side of the
structure. In such lot arrangements the total size yard requirements may be
placed on the side of the principal structure. Maintenance easements must be
provided as part of the subdivided plat to afford access to the sides and roof
of structures to placed.
(F) Whom structures on adjacent lots or parcels have front yard setbacks
different from those required, the minimum front yard setback shall be the
average of the existing structures.
(G) If underground parking is included as part of townhouse and apartment
developments, a credit of three hundred 13001 square feet per unit will be
added for the units provided with basement garages.
(H) If at the time of platting, a subdivision is adjacent, contiguous to or abutting
any portion of the public lakes in Prior Lake a common beach for backlots
may be developed, provided:
1. A conditional use permit has been issued.
2. An association with rules and regulations governing membership is formed
and is placed on file in City Hell at the time of final plat approval.
3. If the beach or shoreline is restricted to swimming only by members of
the association, the density of the common area shall not exceed one living
unit for every five feet 16') of lakeshore measured at the 804. contour.
4. If the beach or shoreline includes boat storage, docking operation and
water skiling by members of the association, the density of the common area
shall not exceed one Irving unit for every ten feet 110') of lakeshore
measured at the WA. contour.
lip
5-5-9
6-6-10
C) Department of Administration, Building Code Division rules for
manufactured housing support and fie down systems authorized by
Minnesota Statutes, sections 327.31 to 327.34, and finished In a
color compatible with that of the dwelling. Permits shall be
required for the installation or alteration of any dwelling or any
accessory building or structure as set forth In Title 4 of this Prior
Lake City Code.
5 -5-10: SCREENING:
(A) Screening shall be required in residential zones where any
off - street parking area contains more than six (6) parking spaces
and is within thirty feet (30') of an adjoining residential lot line.
(S) Where any business or industrial use (structure, parking or
storage 9 aC acent to pr operty zoned or developed for residential
use, that business o r Industry shall provide screening_ along the
boundary of the resident propery._ $cre_ening _shall also be
provided where a business or Industry Is across the street from a
r esidential zone, but not on the _ side of a business or Industry
considered to be the Ironl es_determined by the Zoning Officer.
(C) The screening required herein shall consist of a solid fence or wall
not less than five feet (5) nor more than six lest (6') In height. but
shall not extend within fifteen feet (15) of any street or driveway
opening onto a street. The screening shall be placed along the
property lines or In case of screening along a street, fifteen feet
(16') from the street right of way with landscaping (trees, shrubs,
grass and other planting) between the screening and the
pavement. Planting of a type approved by the Zoning Officer may
also be required In addition to or In lieu of fencing.
(0) Where planting Is required, a landscape plan shall be prepared
Including complete specifications for plant materials and other
features. The Zoning Officer may issue a temporary zoning certifi-
cate for the principal building on a project before full completion of
planting or fencing, If such Items cannot be furnished at the same
time as the building. Temporary zoning certificates shall be good
for one year and shall not be renewable. As soon as the screening
is complete, the temporary certificate may be cancelled and a
permanent zoning certificate Issued. If any portion of the required
planting and fencing Is not complete within one year, the Zoning
Officer shall cause all use of the premises to be stopped. (Ord.
83.6, 6.24.83)
401
5-6-10 5-8-11
(E) In all districts, a fence six feet (6') high or shorter may be erected
on the rear lot line, the side lot Imes and return to the nearest
front corner of the principal builtling. In residential districts, a fence
not exceeding forty two Inches (42 In height and having an
opacity of not more then twenty five percent (25%) may be erected
on the front lot line and the side lot Imes forward of a line drawn
across the front line of the principal building. Fences shall not be
permitted In any right of way.
Fences shall be constructed in a professional, aesthetically
pleasing manner, be of substantial material and reasonably suited
for the Intended purpose. Every fence shall be maintained on both
sides In a condition of good repair and shall not remain In a
condition of disrepair or danger, or constitute a nuisance, public or
private. (Ord. 91.03, 4 -1.91)
(F) In all zoning districts, waste material, debris, refuse or garbage
shall be kept In a container enclosed by a wall which Is visually
compatible with the principal building it serves.
(0) Roof- mounted mechanical equipment Installed on buildings shall be
screened from ground level observation at all points on adjacent
streets or property. The screening must be visually compatible with
the building It serves.
(H) In all situations where fences are utilized, either optional or
required, that side of the fence considered to be the face (facing
as applied to fence posts) shall face abutting property. (Ord 83.6,
6.24.83)
(1) On corner lots In residential districts, no structure or planting in
excess of one foot (1') above street center line grade, except
fences that meet the requirements of subsection 5- 6 -10(E) above
for front yard fences, shall be permitted within a triangular area
defined as follows: beginning at the Intersection of the projected
property Imes of two (2) Intersecting streets, thence forty feet (40')
along one property line, thence diagonally to a point forty feet (40')
from the point of beginning on the other property line thence to the
point of beginning. (Ord. 91.04, 4 -1.91)
5 -5-11: PLANNED UNIT DEVELOPMENT:
(A) The provisions of this Section are Intended to provide residential
areas which can be developed with some modifications of the strict
491
HERITAGE
1891
COMMUNITY J:9(7- I'
1991 2091
"VA02PN"
NOTICE OF HEARING
FOR
SIDE YARD SETBACK 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 3.E. on:
THURSDAY, FEBRUARY 20, 1992 at 8:45 P.M.
PURPOSE OF HEARING: To consider a variance application
for Prior Lake Pet Hospital.
SUBJECT SITE LOCATION: 16680 Franklin Trail S.E.
REQUESTED ACTION: The applicant proposes to build an
addition to the northeasterly side
of the existing pet hospital. See
attached survey reduction for
details. The Prior Lake City zoning
Ordinance requires a sixty (60')
foot, side yard setback to separate
business structures from adjacent
lots that are zoned for residential
land use. The proposed addition is
intended to be located twenty (20')
feet from the east side property
line therefore, the applicant
requests that the Planning
Commission grant a forty (40 foot
east side yard setback 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: February 13, 1992
4629 Dakota St. S.E.. Prior Lake. Minnesota 55372 / Ph. (612) 4474230 1 Fax (612) 447 -4245
VN
"VA03PC"
PLANNING REPORT
SUBJECT: VARIANCE
APPLICANT: DAVID MILLER, CROWN COCO, INC.,
SITE ADDRESS: EZ STOP, 16735 FRANKLIN TRAIL S.E.
PRESENTER: DEB GARROSS, ASSISTANT CITY PLANNER
PUBLIC HEARING: YES X NO
DATE: FEBRUARY 20, 1992
9�J.w1'
HISTORY /BACKGROUND
The Planning Department has received a variance application for
EZ Stop, Prior Lake, from David Miller of Crown COCO, Inc. The
applicant requests the Planning Commission to approve the
following variances: An eight foot front yard variance from
S.-T.H. 13 right -of -way; a twenty -one square foot sign area
variance to allow continued display of a ninety -six square foot,
freestanding sign and a request for variance from Sign Ordinance
83 -5, Section 5 -7 -4B3 to allow two freestanding signs on the site
where only one freestanding sign is permitted.
This application is the .result of a year long process to bring
the signs located at the EZ Stop site, into compliance with the
Prior Lake Sign Ordinance. In January of 1991, two sign faces, a
wall sign located on the building, and the EZ Stop,
freestanding sign located adjacent to the intersection of S.T.H.
13 and Franklin Trail, were changed without an approved sign
permit from the City of Prior Lake. See attached Exhibits A and B
which illustrate the signs as of May 5, 1989 and the new sign
faces which are currently being displayed.
On January 22, 1991 a letter was mailed to Crown COCO and EZ Stop
advising that a sign permit is required by Sign Ordinance 83 -5,
any time a sign is "erected, changed, or relocated ", and that the
two signs were in violation of the Ordinance. See attached
Exhibit C, letter from Deb Garross to Crown COCO, Inc. The
letter identified that the signs should be removed or a permit
approved for their continued display. The letter also discussed
the possibility that the freestanding sign was located within the
required 10' foot setback from S.T.H. 13 and that the Ordinance
allows only one freestanding sign with a maximum area of
seventy -five square feet. The applicant was advised that in the
event that the signs did not comply with the Sign Ordinance, an
application for variance would need to be submitted to the City.
Staff met with Ray Roemmich of Suburban Lighting Inc., to discuss
the sign violations and permit process. Suburban Lighting Inc.,
has submitted four sign permit applications for changes to the
4629 Dakota St. S.E., Prior lake, Minnesota 55372 / Ph. (612) 4474230 I Fax (612) 447 -4245
wall and freestandinq signs located at EZ Stop, which date back
to 1977. See Exhibits D, E, F, and G for previous sign permit
applications at the subject site. Mr. Roemmich determined that
the EZ Stop freestanding sign located closest to the
intersection, encroached within the required ten foot setback
from the S.T.H. 3.3 sight -of -way line. Mr. Roemmich also
indicated that the sign standard appeared to have been damaged
and that he questioned it's structural integrity. Mr. Roemmich
suggested that the "Kerr McGee" freestanding sign be removed and
that the EZ Stop freestanding sign be relocated to that standard.
Staff advised Mr. Roemmich that the plan would comply with the
required setback standard and the Sign Ordinance regulation which
allows one freestanding sign. However, the EZ Stop sign area
exceeded the seventy -five square foot maximum area, therefore a
sign area variance would have to be granted before staff could
issue a sign permit. Mr. Roemmich stated that he would contact
Crown CoCo Inc., to explain the relocation plan. On April 16,
1991 staff met with the applicant to discuss the violations, the
proposed relocation plan, required permit procedures and the
variance process. Mr. Miller was given variance application
materials at that time.
On May 21, 1991, staff again, submitted a letter to Crown Coco
Inc., and EZ Stop identifying the outstanding sign violations,
and advised that if sign situation was not rectified by June 21,
1991, the file would be turned over to the City Attorney for
possible prosecution. See Exhibit H for reference to the letter
from staff. On July 8, 1991 staff received a letter from David
Miller stating that he did not agree with the Ordinance and
according to his interpretation, the signs were not illegally
altered. Mr. Miller also stated the the responsibility to comply
with the Ordinance should be the responsibility of the "sign
hanger." See Exhibit 1, letter from David Miller of Crown Coco,
Inc. The file was turned over to the City Attorney upon the
decision of the City Manager, for prosecution. The City
submitted a formal complaint to the District Court in December of
1991. The status of this issue is that the Court has granted a
continuance, upon the request of the City, to allow the applicant
one more opportunity to follow the variance procedure, in an
attempt to resolve the issue. See Exhibit J, copy of the formal
complaint filed with the District Court.
PREVIOUS PROPOSALS:
Records on file with the Planning Department indicate that the EZ
Stop building was constructed in 1963, prior to annexation of the
site into the corporate limits of the City of Prior Lake. The
earliest sign permit on file is for the freestanding sign located
closest to the intersection of S.T.H. 13 and Franklin Trail.
Exhibit G, permit 1977 -11 indicates that an existing "Gas" sign
was replaced with an eighty square foot "Gas & Price" sign.
Exhibit F, permit 1979 -15, indicates that the "Kerr McGee"
freestanding sign was erected in 1979, and contains approximately
severity square feet of sign area. Exhibit D, permit 1979 -14
indicates that the "Gas & Price" freestanding signi was replaced
with a sixty -four square foot "EZ Stop Stores" sign. Exhibit E,
permit 1979 -24 indicates that a forty -eight square foot wall sign
was placed on the building in 1979. Please note that all permits
were taken out by Suburban Lighting Inc., and that all of the
signs were erected prior to the adoption of Sign Ordinance 83 -5,
adopted by the Prior Lake city council on May 11, 1983. The
significance is that the freestanding signs located on site are
classified as legal - nonconforming signs. The wall sign, erected
in 1979 conforms with current Sign Ordinance requirements. A
second point is that historically, sign permits have been
obtained at this site, when the sign faces have been changed.
DISCUSSION
in 19 99, the City undertook an active sign control enforcement
campaign whereby Sign ordinances, permit applications and written
notification were given to all businesses within the community.
Staff took pictures of all business signs and bean to keep an
inventory of sign permits and to conduct periodic inspections to
enforce the Sign Ordinance. The Ordinance contains an
amortization schedule indicating the dates by which all
non - conforming signs are to be brought into compliance with the
Ordinance. However, all dates indicated in the schedule had
expired by the time that the active enforcement campaign began in
1989. Therefore, the Ordinance requirements are enforced at the
time that the property owner chooses to remove or change signs.
Staff has successfully implemented the Ordinance to remove
non - conforming signs for the Prior Lake Pet Hospital, Holiday
Station Stores, and Prior Lake Floral, to name a few. All signs
require a permit according to the Ordinance. The fee owner of
the property is ultimately responsible to cjmply with Ordinance
requirements of the City of Prior Lake.
The applicant is requesting several variances from the Sign
Ordinance to continue display of non - conforming signs. In
addition, the EZ Stop freestanding sign was altered at some point
between 1979 and 1989 to add two, sixteen square foot, gas price
signs. This alteration was done without obtaining a sign permit
and increased the total sign area to ninety -six square feet. The
total sign area maximum for freestanding signs is seventy -five
square feet. The intent of the Zoning Ordinance, of which the
Sign ordinance is a part, is to eliminate non - conformities to
achieve compliance with current regulations. The principal
consideration for variance applications are the hardship tests
found in the Zoning Ordinance. Staff contends that there is no
hardship in this case. The signs have been altered without the
necessary permits and approvals from the City of Prior Lake. The
hardship has been caused by the owner, who has changed signs with
disregard to the Ordinance and notifications from staff. There
is no circumstance that is unique to this site whereby setback or
sign area variances should be granted. The variances requested
do not obsery e the spirit and intent of the Ordinance, but
rather, request validation of the situations that Sign Ordinance
83 -5 was enacted to prevent.
RECOMMENDATION:
The recommen ation from staff is to deny the variances as
requested. An alternative was developed by the sign contractor
for Crown CoCo Inc., that conforms to the Ordinance requirements.
Mr. Ray Roemmich, indicated that the structural integrity of the
EZ Stop freestanding sign standard is questionable and may pose a
hazard. This standard is located two feet from the S.T.H. 13
right -of -wax, close to overhead electric utilities and has been
increased in are >. without permits, to a size that exceeds the
seventy -five square foot maximum area allowed by the Ordinance.
There are no other businesses within the community that have two
freestanding signs on site. Granting a variance to allow EZ Stop
to maintain two freestanding signs would give them unfair
advertising advantage over other businesses in the community and
potentially create a negative precedent. The variances requested
provide a convenient resolution of the issue for the applicant.
However, it is not the intent of the variance process to provide
convenience, but to provide a degree of relief for hardships that
are caused by unique property characteristics. The variances
requested by the applicant do not observe the spirit and intent
of the Ordinance and in the opinion of staff, are contrary to the
public interest.
EXCERPTS FROM SIGN ORDINANCE 83 -5
5-7 -4
5-7-4
B 2) a. Multiple occupancy buildings shall submit a sign plan conforming
with this Section which will coordinate signage for the entire project.
b. Said sign plan shall address the following items: height, location, size,
number, type, basic decorative theme. design, decor, color and material of the
signs to be placed on the building.
c. The sign plan shall be reviewed and approved by the City Planner or
designee prior to the issuance of a sign permit for the building. An approved
permit will be issued to the owner of the building.
d. The owner of the building is responsible to obtain the sign permit,
prescribe the approved sign criteria to all tenants and insure that signs erected
are in compliance with the approved sign plan. (Ord. 8871, 4 8.88)
3. Freestanding Signs: Where a building does not comer the full area of the
property, signs may be fre estanding; one such sign per building. The
maximum height of suchilgn shall be twenty feet (201 in 5 -1 and 0.2
Districts and thirtv feet 13171 in 83 Districts. In no case shall such sign be
street
4. Area Identification for Shopping Center: An area identification sign,
stating the name of the center and the major tenants shall be allowed. The
maximum size shall be one hundrfd (100) square feet per side with a
maximum height of thirty feet 1301.
5. Marquee Signs: Signs may be placed on the roof of a covered walk or
marquee in a building complex on the vertical face of a marquee and may
project from the lower edge of the marquee not more than twenty four
inches 124 "1, but the bottom of a sign placed on a marquee shall be no less
than eight feet Ur) above the sidewalk or grade at any point. No part of the
sign shall extend above the top of the roof line for a covered walk or above
the top of the vertical face of the marquee. Signs shall not be permitted
anywhere on a marquee which projects over a public right of way, with the
exception of B-2 Districts.
6. Portable Signs: Such signs may be used for a period not to exceed ten
110) days and no more than three (3) times per year at one location or for
one use. The maximum size of such sign shall be forty 140) square feet and a
maximum height of ten feet 110r) and fifteen feet 1151 from the street right
of way.
7. Building overhangs in 8.2 Districts may have one nameplate per business.
Such sign shall be no larger than five (5) square feet. All signs shall be
homogeneous for buildings containing more than one business.
0
6-7 -5
5-7-6
IE) Announcements of concerts, plays, lectures and club activities and the like
placed in the windows of consenting business. Such announcements shall be
removed no later than seven (7) days after the event. (Ord. 8305, 61183)
(F) Election Signs: Political advertising of public elections are permitted on
private propery in any zoning district with the expressed consent of the owner
or occupant of such property. Such signs may not be posted more than sixty
(60) days prior to the election and must be removed by those responsible for
the erection of the sign or the property owner within seven (7) days following
the election. Such sign must be no larger than sixteen 116) square feet. No
election sign shall be erected in any street of in the right of way of any public
road. (Ord. 8819. 5- 16
(G) No Trespassing Signs: No trespassing and no dumping signs shall not exceed
two (2) square feet in area per side and not to exceed four (4) in number
per lot in "R" Districts. In "A" and "C" Districts, such signs shall not be
less than three hundred feet (300') apart
(H) Interior Window Signs: Temporary signs in the show window of a business
which are part of a display of merchandise or display relating to sales on
the premises; provided such signs are not to be displayed for a period
exceeding thirty (30) consecutive days. Such sign will not exceed seventy
five percent (75 %) of each individual window area facing the street.
11) On- Premises Directional Signs: Where one-way access and egress drives are
incorporated in a site plan, a sign indicating traffic direction no more than
four (4) square feet may be placed at a driveway within five feet (51 of the
street right of way and no more than four feet (4') from the average grade
level. A directional sign indicating the entrance to a two -way driveway may
be approved or required where the Zoning Administrator deems it is
necessary to safely direct the traveling public.
5-7 -6: NON
requi
or by conformance
SIGNS:
Amortization Schedule
Actual Cost of Sign
$ 500.00 or less
501.00 to 1,000.00
1,001.00 to 2,50000
Over $2,500.00
Period for Removal
2% years
3X years
4% years
5ya years
m�
5-7 -7
5-7 -7: PERMIT REQUIREMENTS:
5-7 -7
The permit application shall be signed by the applicant. When the applicant
is any person other than the owner of the property, it shall also be signed by
the owner of the property. The application shall contain the following
information:
1. Name, address and telephone number of the property owner, sign owner
and erector.
2. Location of the sign or structure
3. Scaled drawing showing position of the sign in relation to the nearest
buildings, structures, public streets, rights of way and property lines.
4. Plans and specifications and methods of construction or attachment to
the building or in the ground, including all dimensions, showing all light
sources, wattage, type and color of lights ,and details of any light shields or
shades.
5. Other information as may be required by the Zoning Official. (Ord.
8305, 5.11.831
(e) Fees:
1. The City Council shall establish fees for the following categories of sign
permits:
a. Forty (40) square feet or less in area;
b. Greater than forty (40) square feet in area;
c. Signs which need a conditional use permit must pay the
established sign permit fee, plus such additional fee as may be required for
the conditional use permit
2. No fee shall be required for signs exempted by Section 5 -7 -5.
3. L=ees may be waived by the City Council for signs Containing a religious,
civic, School or public interest subject. (Ord. 84.06, 3-1204)
eea
6-7 -8 5-7 -12
5 -7 -8: CANCELLATION: A sign permit shall become null and void if the
work for which the permit was issued has not been completed within
a period of six (6) months after the date of the permit. A permit may be renewed
one time and no additional fee shall be collected for the renewal.
5-7 -9: REMOVAL OF SIGNS: The Zoning Officer shall order the removal
of any sign erected or maintained in violation of this Chapter. Thirty
(30) days' notice in writing shall be given to the owner of the building, structure or
premises on which such sign is located, to either bring the sign into compliance with
this Chapter or effect its removal. (0rd. 0305, 511 831
5 -7 -10: ENFORCEMENT AND ENFORCEMENT PENALTIES:
(A) In enforcing the provisions of this Title, the City Manager, Assistant City
Manager, City Planner, Assistant City Planner, Building Inspector and City
Engineer shall have the power to issue citations for violation of this Title
in lieu of arrest or continued detention.
(8) In addition, any violation of this Title may be enjoined by the City Council
through proper legal channels.
(C) Any person, firm, partnership or corporation v)o violates this Title shall be
guilty of a misdemeanor and - upon conviction thereof, be punished by a fine
not to exceed seven hundred dollars ($700.00) or by imprisonment for a term
not to exceed ninety (90) days, or both, for each offense. Each day a violation
is permitted to exist shall constitute a separate offense. (Ord. 8613, 4 18881
5 -7 -11: APPEALS: To provide for a reasonable interpretation of the
provisions of this Chapter, a permit applicant who wishes to appeal
an interpretation by the City Zoning Officer may file a notice of appeals with the
Planning Commission and request a hearing. The Commission shall hear appeals or
requests by the following cases:
IA) Appeals where it is alleged that there is an error in any order, requirement,
decision or determination made by the Zoning Officer in the enforcement of
this Chapter.
IS) Request for variances from the literal provisions of this Chapter in instances
where their strict enforcement would cause an undue hardship.
5 -7 -12: SEVERANCE CLAUSE: If any section, clause or provision or portion
thereof of this Chapter shall be found to be invalid or
unconstitutional by any court of competent jurisdiction, such decision shall not
affect any other section, clause, provision or portion thereof of this Chapter.
r--t
W2�--
PII)Y
Applicant: E-Z Stop Crown CoCo Inc. Hone Phone: 447 -5408
Address: 16735 Franklin Trail S.E. Work Phone: 331 -9344
Property Owner: Crown CoCo, INC Hone Phone:
Address: 319 Ulysses St NE Minneapolis, MN 55413 Work Phone: 331 -9344 x124 ✓
Type of Ownership: Fe xx Contract Purchase Agreement
Consultant /Contractor: Suburban Lighting, INC Phone: 439 -7440
Existing Use
of Property: Convenience store with gasoline Present
Proposed Use
of Property: Same as existing
Legal Description
of Variance Site: See attached survey
Variance Requested: Maintain si gn_i n existing location which is within the 10' ROW
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 x_ No
What was requested:
Describe the type of improvements proposed: Leave as existing- -with different faces
in the sign can
form.
OO
bounda _of the subject propert (E)Comple legal description 6
Identification Number (PID). (F)Deed restrictions .or private covenian s, if
e. Z parcel map a - 20' -50' showing: The site development plan,
: parking, loading, access, surface drainage, :landscaping and utility
service
ONLY COMPLETE APPLICATIONS SHALL, BE REVIEWED BY THE PLANNING a M1ISSION.
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 t provi , information and follow the
procedures as outlined in the Ordinance. C //
Applicants Signature n
Submitted this 11—day of Fe 3 193E a n i P'9; p /izsa
Fee Owners Signature
THIS SPACE IS 10 BE FILLED OUT BY THE PLANNING DIRE1CTOR
PLANNING COMISSION _ APPROVED _ DENIED DATE OF HEARING
CITY COUNCIL APPEAL _ APPROVED DENIED DATE OF HEARIM
CONDITIONS•
Signature of the Planning Director
Date
Zoning: 8--i
U
QTY OF PRIOR LAKE
APPLICATION FOR VARIANCE
Applicant: E -Z Stop Crown CoCo Inc. Nome Phone: 447 -5408
Address: 16735 Franklin Trail S.E. Work Phone: 331 -9344
Property Omer: Crown CoCo, INC Home Phone:
Address: 319 Ulysses St NE Minneapolis, MN 55413 !Abrk Phone: 331 -9344 x124
Type of Ownership: Fee xx Contract Purchase Agreement
Existing Use
of Property: Convenience store with gasoline Present Zoning: 8
Proposed Use
of Property: Same as existing e
Legal Description
of variance Site: " See attached survey
mg ` . '' c ®� ' _
Variance Requested: Maintain Existing sign t r w�fch square footage allowed
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 -2ix--
What was requested:
When: Disposition:
Describe the type of inprovements proposed: Leave gigns as x;sr;ng
76.00
.�, names — ate addresses of propert owners within 100 feet of th
mdaries of the subiect REmw y E)Compl legal description b
ientification Number (PID) . (F)Deed restrictloms or prlva a covenan , if
parce nap a - 20' -50' showing: The site development plan,
parking, loading, access, surface drainage, landscaping and utility
service.
ONLY COMPLETE APPLICATIONS SAIL BE REJIDIED BY THE PLANNING C1"ISSION.
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 reside information and follow the
procedures as outlined in the Ordinance. j
Applicants Signature �
Submitted this iLday of F t 19_� z {):&� P-
F Owners Signature
THIS SPACE IS 1D BE FILLED OUT BY THE PLAMING DIRBCNR
CONDITIONS. ._
Signature of the Planning Director Date
PIDt a - - S -0
CITY OF PRIOR LACE
APPLICATION FOR VARIANCE .,
Applicant: E -Z Stop Crown CoCo Inc. Hone Phone: 447 -5408
Address: 16735 Franklin Trail S.E. Work Phone: 331 -9344
Type of Ownership: Fee xx
Existing Use
of Property: Convenience store with gasoline Present Zoning: 8 - 3
Proposed Use
of Property: Same as existing
Legal Description
of Variance Site. S ee attached survey`
Variance Requested. freestandin¢si¢ns- -oni^i - one 'aYowedbv = o rdinance
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 —XK_No
What was requested.
When: Disposition:
Describe the type of improvements proposed: Leave signs as existing
00
Pronertv Identification Nwber (PID). (F)Deed restrictions or private covenants, if
applicable. par map a - 20' -50' showing: The site development plan,
buildings: parking, loading, access, surface drainage, landscaping and utility
service.
ONLY OOMPLETE APPLICATIONS SHALL BE REVIEWED BY THE PLANNING COMMISSION.
Th 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. 1 1 %/ /.n D
Applicants Signature
Submitted this day of f E R 1911 0, , n "IA o n
Fee Owners Signature
THIS SPACE IS 1D BE FILLED OUT BY THE PLANNING DIRBC7UR
PLANNING CD MISSION
CITY COUNCIL APPEAL
DATE OF HEARING
DATE OF HEARING
CONDITIONS:
Signature of the Planning Director
Date
0
u.9n =Mwf".III a... Y.9
Planning Commission
City of Prior Lake
4629 Dakota St. SE
Prior Lake, MN 55372
Planning Commission Members,
CROWN COCO., INC.
DISTRIBUTORS OG
FUEL OILS - GASOLINES - GREASES - MOTOR OILS
331 -9344
319 ULYSSES N
MINNLAROLI S. MINNESOTA 55413
In January of 1991 we contracted with Suburban Lighting Inc, a licensed
sign manufacturer and installer to update our signs at several locations. We
relied upon their expertise in this industry to get the work done in the proper
manner. In a letter from Deb Garross dated January 22, 1991 I was notified that
by changing the wording and colors on our main sign without an approved sign
permit we had violated sign ordinance 83 -5. To rectify this situation we are
asking for three variances. We believe that it would be an undue hardship to
require us to remove one of the two existing free standing signs and relocate
and redesign the other free standing sign. I have bee with Crown COCO for over
twelve years and don't believe these signs have harmed anyone during that time.
Due to the lay of the land these signs don't obstruct vision of the traffic in
any way. The area between these signs and out pump island is used as a type of
frontage road by many and by moving the main sign toward the pump island it might
be detrimental to site lines for those vehicles.
These signs have been as they currently are for over twelve years and we
request to be granted these variances to leave them as they are with the new
wording and colors.
Thankyou for your time and consideration in this matter.
Sincerely,
/ o
David L. Miller
Director of Maintenance
,URVEY PREPANED Fp
:ROWN OIL CO.
-/O RON REVERE
19 ULYSES AVE N E
APLS MN 554-3
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Volley Engineering Co., Inc.
SUITE 204. WATERS EDGE OFREEFLAZA
RO 80% 478
PRIOR LANE. MINNESOTA 55372
TELEPHONE (6121 447 -2570
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EXHIBIT B
b
PRIOR LAKE EZ STOP
Photo taken 5 -26 -89
PRIOR LAKE EZ STOP
Photo taken 7 -31 -91
O� PRI EXHIBIT C
Y
"CELEBRATE PRIOR LAKE'S CENTENNIAL - 1991"
:J
M '' 0 ' N E 5 0,C �
January 22, 1991
Crown Coco Inc.
319 Ulysses NE
Minneapolis, MN 55413
To Whom This May Concern,
This letter is in regard to a freestanding sign which was
recently altered at the Prior Lake EZ Stop Convenience Store
located at 16735 Franklin Trail. I regret to inform you that the
sign was altered without an approved sign permit from the City of
Prior Lake and is in violation of Sign ordinance 83 -5 which
requires sign permits for all signs erected, changed or relocated
within the City. An active sign control enforcement campaign was
undertaken during the summer of 1989. City staff has documented
the signs in existence as of that time and also keeps track of
sign permits which are issued throughout the community. Please
be advised that violations of the Sign Ordinance constitute a
misdemeanor and if not rectified, the City has little alternative
but to seek compliance through the ordinance violation
notification process.
Attached find official notice that the freestanding sign is in
violation of City Code. The sign must be removed or a sign
permit approved by the City of Prior Lake, in order to be
compliant with the Sign ordinance. It is your responsibility to
make application for a sign permit any time that an exterior sign
is proposed to be altered or added. A copy of a sign permit
application is attached. The City requires that a scale drawing
of the freestanding sign be submitted with the application and
that the location of the sign in relation to the front property
lines and right -of -way for S.T.H. 13 and Franklin Trail be
indicated. I suspect that the freestanding sign may be in
violation of the ten foot setback requirement from road
right -of -way. If this is the case, it will be necessary to
relocate the freestanding sign or apply to the City of Prior Lake
for a variance to allow the sign to be located closer than ten
feet to the right -of -way line.
The Sign ordinance stipulates that there may be only one
freestanding sign per property that may not exceed seventy -five
square feet in area, be taller than thirty feet and such sign
must be located at least ten feet from street right -of -sway lines.
If it is your intent to submit a sign permit application, the
aforementioned requirements must be demonstrated in the
application. In addition, it would be necessary to bring all
4629 Dakota St. S.E. Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
An Equol Opponunriv Alfinnoia a Action EmploW
other exterior signs into conformance with the Sign Ordinance.
At a minimum, this would require removal of the other
freestanding sign that exists on the property.
Enclosed find also, a copy of Prior Lake Sign Ordinance 83 -5 with
the appropriate sections highlighted. A review of the records on
file for EZ Stop indicates previous Sign Ordinance violations
have occurred at this site. It is my hope that this situation
can be rectified. Please be advised that the freestanding sign
must be removed or a sign permit approved prior to February 25,
1991. A site inspection will be conducted on that date to
determine compliance with the Sign Ordinance. If the violation
is still outstanding on that date, this matter will be turned
over to the City Attorney for legal action.
Respectfully,
"J
Deb Garross
Assistant City Planner
Enclosures
cc EZ Stop Convenience Store
16735 Franklin Trail
Prior Lake, MN 55372
cc Give Unmacht
City Manager, Prior Lake
n
CITY OF PRIOR LAKE
ORDINANCE VIOLATION NOTICE
NAME: . - ' - o: 0, n..
ADDRESS: "" %' -rr� - '.a , - .] [, ?•.., 55413
PHONE NO.
VIOLATION OCCURRED AT:
ADDRESS: , 1'r -,-,
DESCRIPTION OF VIOLATION:
Wi' d - w ChAr " "Ii a.. P:DiO J ?. . e .,, 1.
ORDINANCE NUMBER:
If this violation is not corrected or remedied within - (: ) days
upon receipt of this Notice, this matter shall be turned over to the City
Attorney's Office for investigation and possible prosecution. If you have
any questions concerning the violation or this Notice, contact the Director
of Planning at 447 -4230.
CITY OF PRIOR LAKE
.Ddreetea -09- Planning
Date
(612) 4474230 4629 DAKOTA STREET S.E. P.O. BOX 358 PRIOR LAKE, MINNESOTA 56372
,)I i . 'I 1 -1
EXHIBIT D
no . .......... .....................
Otate of Ainntoota,
County --- -------- - -------------------------------- -- - -------
............ 5 p ...... ......................... ermit
IN CONSIDERATION OF The statements Made by ".Qs..
------- ---------------------- -- ---------- -- -- --- ----- --- -------- ----------------------- -------- W .... . . ...
in .... i .4A^ .... application therefor duly filed in this office which application * hereby made a part hereof,
PERMISSION IS HEREBY GRANTED To said i
' --- --- as owner
to .... I-. -- ILA I4__ --- __2 ............. .....................................
that tract of land gibed as follows: Lot __ . . Block .-, ........ .... ; plat or addition ..... ...............
whrch tract is of the size and -areW specified Iri said application.
This permit is granted upon the express conditions that said owner and his contractors, agents,
workmen and employees, c
shall ly i all respects with Ae ordinances of the ... ..... ...........................
11, p mp in
--------- --------- ----------- ------------ .... ( ..... day Of ;
---- --- - of of said V ^WN 1_01�t n its corporate
seal and attested b it hand Given under h - --------- ---- _ __ - - M, -- - ----- -
this ; e, h 77 lo a f I h c
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Ace c• !i �_ J__
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Amp NOW 01"amwWWWWWO
EXHIBIT E
....... ..... no ....... Vq.'Y ....................
btate of Ainneg;ota, j j ----- 1d'- - --. .... _paa - ------- ---- -- -------------
Count o/... .. ..
..... ..
.......... ... Office of ------ AtU440JCA�-.
ents made by . ----- Pkd .... .......... .........
IN CONSIDERATION OF The state .........................
- - -- - - ---- .................................. ... ......... ----- -- ----- ---- ----- .. . ....... . .... . -----------
in ... application therefor duly filed in this office, which application is hereby made a part hereof,
PERMISSION 4 IS HEYLEBY GRANTED To said... Z EQ4UV' 64 It as owner
io --- -, - , - -.41a"i'l.- C-1. - -- ----------------- -- ---- ----- ......
. ........ . ...................................... ..... ........ ... . ........ ...... ----- ---- -------------------------------- ..... - .. . ... ......
upon that tract of land described as follows: Lot Block - ... - � .... ; plat or addition
Address . .... J1W_ .... #I ------ --------- ra - - -------- ------ ------------ ---- -- -----
which tract is of tljVsize and -area specified in said application.
This permit is granted upon the express conditions that said owner and his contractors, agents,
workmen and employees,. s§all comply in all respects with thj ordinances 9f the
CIA .......... 1....of.- --- - 4 - -- ----- - -
. ...... I ............ hand the . ........
Given under the ha � AA*wo of said 41' and its corporate
seal and attested 1: M4'.01 this le day of C. 19
Attest:
-------------_--- - ------ ........ ........ ........
I � fr.
I <
a ��S-Iwwlsl
EXHIBIT F
$......x3_:75........ no ......... Ir .. . ..................
Otate of Annelgata tj L .... ot .. . ... — -- — -----
County o f ..-'---- ---- -- - - -- -- -_-------------- 61pce at ....-
......................... permit
IN CONSIDERATION OF The statements made by .... . im' .. - - ------
------------------- I ..... ...... .......... . ...... .
................. ........ .......... I .. ......
i .. .... hn n .... ... ........... application therefor duly filed in this office which
application is
jre b y made a part hereof,
_
PERMISSION IS HEREBY GRANTED To said ! c, 4�__ — j .
. ., _ as owner
to --- .4041 ----- L,'- 1 - A 1^r - ..
� ............... ..
.................... .... ..... . ...
_
4pon that tract of land describedas follows: Lot I - _ Block _ - _ _ ; plat or addition .... ...............
which tract is of'The size and -area specified in said application.
This permit is granted upon the express conditions that said owner and his contractors, agents,
workmen and employees, shall co ply in all respects with t or�dinanc a of the ...._...__....._..__.__.: ...
............................... ........ ... ...... ---------- ---- Of ------ ........ ..........
J �.(.
Given under the hand oft LVCF�ot f
attested its corporate
seal and atteed by its a'L. A this day of..-...
Attest: ✓
Rep. - --- --- -- -- -----
.................. .. I ------ ......... ......... ....... ...................
CITY OF PRIOR LAKE
August 9, 1979
Conditions of sign permit #14 and 415, issued to Suburban
Lighting are as follows:
The sign stating convenience store shall be removed
The portable reader board shall be removed
All other protable bill boards shall be removed
(612) 447. 4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372
TYPE "A" STANDARD 6 ° -8" x IQ'
INTERNALLY ILLUMINATED PLASTIC SIGN ON 13' -6" SLANT TWIN POLE.
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KERR • McGEE CORPORATION
KERB -WIGAE WILDING, OKLAA CITY. OKLA 1310E - CE 61313
P M D R DIVISION
STANDARD TYPE •A 6'•8" X 10 SIGN
ON 13 A SLANT TWIN POLE
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EXHIBIT G
�_AS �� YaM•D..I�Cn.. Yln__ ne ynll,
Mate of Attttegota,
Count o i' t !C OBsn
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IN CONSIDERATION OF The staeecdents made by /
in - application therefor duly filed in this office which application is hereby made a part hereof,
P RMISSION IS HEREBY GRANTED .To said — as owner
t .
?I upon that tract of land described as follows: Loo plat or addition_
pl Address —
�3 which tract is of the du and area specified in said application.
This permit is granted upon the express conditions that said owner and his contractors, agents,
workmen and employees, shall comply in all respects wi2he ordinances of the .
Given under the hand of the_ —' / _ of said.__ a and its corporate
seal and attested by i / this. day of
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SUBURBAN LIGHTING INC.
8077 LAKE ELMO AVE. NO.
STILLWATER, MN 55082
Phone (812) 4397440
DATE: // P' is
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As ",r ! NL !A^SAl ON , E.V L / S fil NA E .JiPYN
7 IA ✓ &A Yb B , JV E
/ /✓ /L< OF //lSiwf FD LAN �r /ff /Ni /R cF 7,rF. N FL. -r
E // REP"' 1 .. - .• SIGNED FC' Fit/ M c gef
eaurwao co.. l.c..uooavx. THIS COPY FOR FERSOPf ADC 5S i0
Questions
rdinance p should i betodirected letter
to or Deb Assistant Ci Sign
y
Planner at 447 -4230.
Sincerely
Deb Garross
Assistant City Planner
Enclosures
cc EZ Stop Convenience Store
16735 Franklin Trail
Prior Lake, MN 55372
cc Dave Unmacht
City Manager, Prior Lake
HvOu5J.on,
CITY OF PRIOR LAKE
ORDINANCE VIOLATION NOTICE
)jr. David *lil le r, Cron. . C c.a Tn-.
ADDRESS:_ '1.�ssea E.E., 13::11,:apolis; Mi 55 413
PRONE NO._ 331 -5354 Ext. 124
VIOLATION OCCURRED AT: Prior Lake E'L Stop
ADDRESS: 15735 Frau'rlin Trail
Prier Bake, ?a 55372
DESCRIPTION OF VIOLATION:
w °�' sign -:' `r• ^csudi�p siPn were altered without _he
i_e:i ;i;a jermits ^'. required 'ap Si:n Ordinance P.3 -
Or::ai. is 5- 7-7(A).
ORDINANCE NUMBER:
Sizn
If this violation is not corrected or remedied within Tairt,• (3,1) days
upon receipt of this Notice, this matter shall be turned over to the City
Attorney's Office for investigation and possible prosecution. If you have
any questions concerning the violation or this Notice, contact the Director
of Planning at 447 -4230.
CITY OF PRIOR LAKE
Assistant City flamer
5 -21 -91
Date
(612) 447.4230 1621 DAKOTA STREET S.E. P.O. SOX 359 PRIOR LAKE, MINNESOTA SSM
EXHIBIT I
0
u.cn MA., b S.w Y.
July 8, 1991
CROWN COCO., INC.
DISTRIBUTORS OF
FUEL OILS - GASOLINES - GREASES - MOTOR OILS
331 -9344
319 ULYSSES N E
MINNEAPOLIS. MINNESOTA 5S413
Ms. Deb Garross
Assistant City Planner
City of Prior Lake
4629 Dakota Street S.E.
Prior Lake, Minnesota 55372
Dear Ms. Garross:
I am in receipt of a warning tag issued for an "outstanding sign
violation that exists at the Prior Lake E -Z Stop convenience store
located at 16735 Franklin Trail S.E. in Prior Lake ". According to
your letter dated January 22, 1991, you stated that our sign was
altered without an approved sign permit. At that time I contacted
you on the phone to see if I could gain a clearer understanding of
your interpretation of Section 5- 7 -7(A) of Prior Lake Sign
Ordinance 83 -5.
In that conversation I stated that I read the words "erected,
changed, or relocated" as having to do with something different
than your interpretation of this wording. I do not, according to
my interpretation of this section, find where we "illegally
altered" a sign. It seems to me that information requested was not
"altered ".
We did not change any of the items requested by Section 5- 7- 7(A)3..
We did not change the location of the sign or structure. We did
not charge the po3ition of the sign in relation to the nearest
buildings, structures, public streets, right of ways and property
lines. We did not change any plans and specifications and method
of construction or attachment to the building or in the ground.
We did not change any dimensions or light sources or wattage or
type of color of lights.
I stated in our conversation that the words "erected, changed, or
relocated" pertain to construction, size or location. Yor believe
that these words pertain to copy that is on the face of a sign.
I then contacted the licensed sign contractor we use for all of our
signs and asked them to handle what should have been taken care of
beforehand. According to Suburban Lighting, they had gone so far
as to submit a check with the Sign Permit Application in an effort
to comply with your requirements.
MARKETERS OF QUALITY PETROLEUM PRODUCTS
Ms. Deb Garross
Assistant City Planner
city of Prior Lake
Page 2
Please understand that we are not attempting to violate any of your
ordinances. we simply do not believe that we should be asked to
relocate or remove any sign which has been as is for years. I am
in continual contact with our management at several of our stores
to control their apparent overwhelming desire for banners and other
temporary signs. It is a never - ending battle.
I really do not know what steps to take next. our Company believes
it should be the responsibility of the sign hanger to obtain ALL
necessary permits for the work they perform. To be advised after
the fact of a sign violation and advised that we must remove an
existing sign and relocate another existing sign somehow does not
seem right to us.
Your response to my comments regarding our alleged violation would
be appreciated and I want to thank you for your patience in this
matter.
Sincerely,
David L. Miller
Director of Maintenance
DLM:mjh
cc: Mr. David Unmacht
City Planner, Prior Lake
W4. 11 .10 dri
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF SCOTT FIRST JUDICIAL DISTRICT
---- ---- -- -- --- ----- ----- --- - ----- CRIMIVAL DIVISION
STATE OF MINNESOTA,
Plaintiff, COMPLAINT
V. Court File No.
Crown Coco, Inc.
319 Ulysses N.E.
Minneapolis, Minnesota 55413,
Defendant.
-----------------------------------
The Complainant, being duly sworn, makes complaint to the
above -named Court and states that there is probable cause to
believe that the above -named Defendant committed the offense
described below. The Complainant states that the following
facts establish PROBABLE CAUSE:
Deb Garross, your Complainant, is City Planner for
the City of Prior Lake, Scott County, Minnesota, and states that
she is familiar with persons submitting reports to her in this
matter, and that she believes these persons to be reliable and
their reports to be true and accurate.
On January 23, 1991, Ms. Garross issued a notice of a Prior
Lake City ordinance violation to Crown Coco, Inc. for a wall
sign and a freestanding sign which were altered without an
approved sign permit from the City of Prior Lake at the E2 Stop,
16735 Franklin Trail in the City of Prior Lake, Scott County,
Minnesota.
On May 21, 1991, Ms. Garross wrote a letter to Crown Coco,
Inc. advising them that they had not conformed to Prior Lake
City Code, Sec. 5- 7 -7(A), regarding sign violations at the E2
Stop location in Prior Lake and that they had continued to
display banner signs and other temporary signs without the prior
approval or required sign permits. Ms. Garross further advised
that another inspection would be conducted on June 21, 1991, to
determine whether they had complied with Prior Lake City Code
Sec. 5- 7 -7(A).
Photos taken on July 31, 1991, at Prior Lake E2 Stop showed
a Pepsi temporary banner displayed without an approved sign
permit. In addition, two freestanding signs were on the
property. Prior Lake City Ordinance 83 -5 permits only one
freestanding sign per property not to exceed 75 square feet in
area, height not to exceed 30 feet, and such sign must be
located at least ten (10) feet from street right -of -way lines.
The above facts constitute the Complainant's basis for
believing that the above -named Defendant, on the 31st day of
July, 1991, at Prior Lake, Minnesota in the above -named County,
committed the following described offenses:
COUNT I
CHARGE: NO MORE THAN ONE FREESTANDING SIGN PERMITTED
In violation of Prior Lake City Code Sec. 7- 7- 4(8)(3)
PENALTY: 90 days imprisonment and /or $500 fine
Crown Coco, Inc., in the City of Prior Lake, Scott County,
Minnesota, did display more than one freestanding sign on
property of EZ Stop, in violation of Prior Lake City Code Sec.
7- 7- 4(8)(3), a misdemeanor.
COUNT II
CHARGE: CONSTRUCT -TON AND DISPLAYING OF SIGNS WITHOUT A PERMIT
In violation of Prior Lake City Code Sec. 7- 7 -7(A)
PENALTY: 90 days imprisonment and /or $500 fine
Crown Coco, Inc., in the City of Prior Lake, Scott County,
Minnesota, did erect, change or relocate signs without a permit
issued by the Zoning Officer, in violation of Prior Lake City
Code Sec. 7- 7 -7(A), a misdemeanor.
THEREFORE, Complainant requests that said Defendant, subject
to bail or conditions of release where applicable,
(1) be arrested or that other lawful steps be taken to
obtain Defendant's appearance in court; or
(2) be detained, if already in custody, pending further
proceedings;
and that said Defendant otherwise be dealt with according to
law.
Complainant
beB
Being duly authorized to prosecute the offense charged, I
hereby approve this Complaint.
Dated: November 7, 1991
Terrance W. oore,
Patrick R. McDermott, #207822
Prosecuting Attorneys for the
City of Prior Lake
1800 IDS Center
Minneapolis, Minnesota 55402
(612) 339 -8131
- 2 -
Pk,
k HERITAGE COMUNFY WCP, 0_4
fo
1891 1991 2oy>
U r�
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"VA03PN"
NOTICE OF HEARING
FOR
FRONT YARD SETBACK AND SIGN ORDINANCE 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, FEBRUARY 20, 1992 at 9:00 P.M.
PURPOSE OF HEARING: To consider several variance applications
for Crown Coco. (Prior Lake EZ Stop)
SUBJECT SITE LOCATION: 16735 Franklin Trail S.E.
REQUESTED ACTION: This variance application is required in
order to resolve an outstanding Sign
Ordinance violation for EZ Stop.
Approximately one year ago, an existing
freestanding and wall sign were changed
on this site, without an approved sign
permit. The applicant was advised that a
permit is required to alter existing
signs. The applicant would like to
continue to use the existing freestanding
sign located adjacent to Franklin Trail
and S.T.H. 13. However, that
freestanding sign no longer complies with
the current Prior Lake Sign Ordinance. A
sign permit cannot be granted unless the
variances outlined in this notice are
approved by the Planning Commission.
The applicant is requesting an eight (8
foot front yard variance from the S.T.H.
13 right -of -way line to allow continued
use of a freestanding sign, which is
located two (2 feet from the
right -of -way line. The required
setback is ten (10 feet from the
right -of -way line of S.T.H. 13. The
applicant requests that the Planning
Commission grant a twenty -one (21) square
foot sign area variance to allow
continued display of a ninety -six (96)
square foot freestanding sign. The
applicant also requests a variance from
Sign Ordinance 83 -5, Section 5 -7 -4B3 to
4629 Dakota St. S.E.. Prim Lake, Minnesota 55372 I Ph. (612) 447 -0230 / Fax(612)447-4245
allow two freestanding signs on the site
where only one (1) freestanding sign is
permitted by the Ordinance.
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 Fake Planning Department at 447 -4230.
Prior Lake Planning Commission
DATE MAILED: February 13, 1992