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HomeMy WebLinkAbout1992 November Planning Commission Agenda Packet�ove�aER "F !! N I( �k C HERITAGE 1891 mil/ II \1�1 -- COMMUNITY 1991 REGULAR PLANNING COMMISSION MEETING AGENDA NWEKBER 5, 1992 7:30 P.M. CALL TO ORDER 7:30 P.M. IWIUA MINUTES CF PREVIOUS mEErim * 7:30 P.M. PUBLIC HEARING CDNSIDER REZONING FROM C -1 1C R-1 7:45 P.M. HEARING VARIANCE 8:00 P.M. HEARING LAKESiORE AND LOT COVERAGE VARIANCE �l^'�f.5f➢_ BERIAA BEAUDETTE WAYNE MOBE1G MERLYN J. OLS N * Indicates a Public Hearing All times stated on the Planning Camaission 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) 4474230 / Fax (612) 4474245 /� N.�\ \\ k PLANNING COMMISSION MINUTES OCTOBER 15. 1992 The October 15, 1992, Planning Commission Meeting was called to order by Chairman Loftus at 7:30 P.M. Those present were Commissioners Loftus, Arnold, Wuellner, Greenfield, Roseth, Director of Planning Horst Graser, Assistant City Planner Deb Garross, Associate Planner Sam Lucast, and Secretary Rita Schewe. ITEM I - REVIEW MINUTES OF PREVIOUS MEETING MOTION BY ARNOLD, SECOND BY ROSETH, TO APPROVE THE MINUTES AS WRITTEN. Vote taken signified ayes by Loftus, Arnold, Wuellner, and Roseth. Commissioners Greenfield abstained as he was not present at the previous meeting. MOTION CARRIED. ITEM II - GERALD SULLIVAN - VARIANCE Gerald Sullivan 16063 Northwood Road, stated he is requesting a 5 foot variance for his property located at 16067 Northwood, Lot 101 Northwood Addition. The variance is needed to c.. ^astruct a detached garage on the property. He will remove the existing garage if the variance is granted. Deb Garross presented the information as per memo of October 15, 1992. The subject site is approximately 5o feet wide by 418 feet deep and was annexed into Prior Lake in 1975. The existing home was built under the jurisdiction of a previous government and is located 1 foot from the westerly property line and 6.3 feet from the easterly line. Therefore it is considered a legal non- conformincj structure. There are no provisions for driveway access over either adjacent lot to the existing garage. DNR has no objections to the variance. Staff recommends approval of the 5 foot variance as requested. The subject site is a substandard lot and precedent has been set in this neighborhood to grant one, 5 foot sideyard variance. Hardship is not the result of Prior Lake nor the applicant. Comments from the Commissioners were on; location of driveway legal access, consent of the neighbors, and all were in consensus of approval. 4629 Uakola S1. SE., Prior Lake, Minnesota 55:372 / Ph. (612) 447.4230 / Fax (612) 4474245 ANIAJINI (WHIHIHNIMMMINI:H PLANNING COMMISSION MEETING MINUTES OCTOBER 15, 1992 PAGE 2 MOTION BY WUELLNER, SECOND BY ROSETH, TO GRANT A FIVE (5) FOOT WEST SIDE YARD VARIANCE FOR 16067 NORTHWOOD ROAD. RATIONAL BEING THAT IT IS A SUBSTANDARD LOT, PRECEDENT HAS BEEN SET IN THIS NEIGHBORHOOD, HARDSHIP IS NOT CAUSED BY PRIOR LAKE NOR THE APPLICANT, AND THE EXISTING STRUCTURES WERE BUILT UNDER A PREVIOUS GOVERNMENT UNIT. Vote taken signified ayes by Wuellner, Roseth, Greenfield, Loftus, and Arnold. MOTION CARRIED. ITEM III - LAWRENCE HENNEN - VARIANCE John Hennen of 14109 Aspen Avenue represented his Father, Lawrence Hennen of 16525 Northwood Road. Mr. Hennen stated that his Father is requesting three variances to construct a single family home on Lot 44, Northwood Addition. The subject site abuts the applicants existing home. Mr. Hennen wished to reply to staff's recommended denial of the 3 foot south side yard variance by referring to other variances that the Commission had granted to similar size lots in the past. Sam Lucast presented the information as per memo of October 15, 1992. The applicant is requesting a 5 foot north side yard, 3 foot south side yard and a.4% lot coverage ratio variance. DNR has no objections to the location of the house in relation to the lakeshore. Mr. Hennen is building this home now before the Shoreland Management Ordinance is amended which may require the combination of substandard lots if they are contiguous and in common ownership. There is no record of a variance of this magnitude being granted in the Northwood subdivision. In the Butternut Circle area there were variances granted for both side yards in excess of 5 feet, but the lots were restricted in size or shape. The subject site does not have those restrictions. Staff recommends denial of the 3 foot south side yard variance and approval of the 5 foot north side yard variance and the 4% lot coverage ratio as they would meet the spirit and intent of the Ordinance. Loren Gross represented Mr. & Mrs. Wilmer Scharf of 16499 Northwood Road and stated they objected to the variances. Mr. Scharf had the same situation and took part of his adjoining lot and added to his lot in order to build and observe the required 10 foot sideyard setbacks. He therefore feels the hardship is caused by the applicant. Comments from the Commissioners were on; retaining wall, drainage, excessive variances, hardship self- imposed, lot lines, and Shoreland District criteria. John Hennen offered to redesign the house plans by reversing the variances requested. MOTION BY WUELLNER, SECOND BY GREENFIELD, TO DENY THE VARIANCES REQUESTED FOR 16525 NORTHWOOD. RATIONALE FOR DENIAL BEING THAT THE HARDSHIP IS CAUSED BY THE APPLICANT AND REDESIGN ALTERNATIVES ARE AVAILABLE. PLANNING COMMISSION MEETING MINUTES OCTOBER 15, 1992 PAGE 3 Discussion followed on the motion. MOTION WITHDRAWN BY THE MAKERS OF THE MOTION. MOTION BY ARNOLD, SECOND BY ROSETH, TO TABLE THE VARIANCES REQUESTED FOR LOT 44, NORTHWOOD ADDITION WITH THE ADDRESS OF 16525 NORTHWOOD ROAD FOR LAWRENCE HENNEN. THE APPLICANT WILL BRING THE APPLICATION BACK TO THE COMMISSION FOR CONSIDERATION. Vote taken signified ayes by Arnold, Roseth, Wuellner, Loftus, and Greenfield. MOTION CARRIED. ITEM IV - JEANETTE KOENIG - VARIANCE Jeanette Koenig 3821 Green Heights Trail, stated she is proposing to build a garage and is requesting 2 variances in order to save an oak tree on the property. Deb Garross presented the information as per memo of October 15, 1992. The application request is for a 7 foot west side yard variance and a 5 foot south front yard variance to construct a detached garage. The lot is a substandard lot on a private street. The house is a legal non - conforming structure as it was built prior to annexation into Prior Lake. Staff recommends approval of the 5 foot front yard variance but denial of the 7 foot side yard variance. Staff would not object to granting a 5 foot side yard variance as this would accommodate drainage. The Engineering Department requires that an utility easement be granted by the owner prior to issuance of the building permit for the garage. Comments from the Commissioners were in agreement with Staff's recommendation. MOTION BY ROSETH, SECOND BY WUELLNER, TO GRANT A FIVE (5) FOOT SOUTH FRONT YARD AND A FIVE (5) FOOT WEST SIDE YARD VARIANCE FOR 3821 GREEN HEIGHTS TRAIL TO CONSTRUCT A DETACHED GARAGE AND THAT A UTILITY EASEMENT BE SIGNED WITH THE ENGINEERING DEPARTMENT PRIOR TO THE BUILDING PERMIT ISSUANCE. RATIONALE BEING THAT A PRECEDENT HAS BEEN SET FOR SIMILAR APPLICATIONS AND IT WOULD NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE OF THE NEIGHBORHOOD. THE RATIONAL FOR DENYING THE SEVEN (7) FOOT VARIANCE AS REQUESTED IS THAT IT EXCEEDS 50% OF THE REQUIRED SETBACK. Vote taken signified ayes by Roseth, Wuellner, Loftus, Greenfield, and Arnold. MOTION CARRIED. ITEM 5 - LOUIS STASSEN - PUBLIC HEARING - WEST EDGE ESTATES No further information has been received by Staff from Louis Stassen regarding the West Edge Estates let and 2nd Addition. MOTION BY ARNOLD, SECOND BY ROSETH, TO TABLE THE PUBLIC HEARING FOR WEST EDGE ESTATES 1ST AND 2ND ADDITION. Vote taken signified ayes by Arnold, Roseth, Loftus, Wuellner, and Greenfield. MOTION PASSED. PLANNING COMMISSION MEETING MINUTES OCTOBER 15, 1992 PAGE 4 ITEM V - MARK SIMON - VARIANCE Mark Simon 16153 Northwood Road, stated he is requesting several variances to rebuild his home after a fire. The house was destroyed over 50% of the market value and in order to rebuild he must bring the structure into conformance with code. Sam Lucast presented the information as per memo. The variances requested are 4.7 foot northerly side yard, 2.3 foot southerly side yard, and a .1 foot front yard variance. The house has been under construction on two building permits for several years. Terry Holden 16163 Northwood Road, called on October 12, 1992, and informed Staff that he has no problem with the variances but felt the rate of speed in which the remodeling is accomplished could be increased. An anonymous phone call was received on October 15, 1992, voicing the same concerns. The Building Department indicated the applicant has lost occupancy status due to the fire and cannot live in the house until it is finished. DNR does not have any problems with the application. Staff's recommendation is to approve the variances as requested. The original building was constructed under the jurisdiction of a previous government and did not require variances. The Building Department commented to Staff that repairs would be completed sooner because of subcontractors doing the work instead of the applicant. The Engineering Department is requesting a utility easement be signed before the issuance of the building permit. Mr. Simon was unaware of the sewer line on his property and the procedure was explained and he agreed to sign. Comments from the Commissioners were that all were in consensus with the application. MOTION BY ARNOLD, SECOND BY GREENFIELD, TO APPROVE A 4.7 FOOT NORTH SIDE YARD VARIANCE, 2.3 FOOT SOUTH SIDE YARD VARIANCE, AND A .1 FOOT FRONT YARD VARIANCE FOR 16153 NORTHWOOD ROAD TO RECONSTRUCT A HOME DAMAGED BY FIRE, CONTINGENT THAT AN UTILITY EASEMENT BE SIGNED BY THE APPLICANT BEFORE THE ISSUANCE OF A BUILDING PERMIT. RATIONALE BEING THE HOME WAS CONSTRUCTED UNDER THE JURISDICTION OF A PREVIOUS GOVERNMENT, HARDSHIP IS BASED ON THE MORE RESTRICTIVE PRIOR LAKE ZONING ORDINANCE, THE SHAPE OF THE LOT CONTRIBUTES TO THE VARIANCES AND IT WOULD NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE. OF THE NEIGHBORHOOD. Vote taken signified ayes by Arnold, Greenfield, Loftus, Roseth, and Wuellner. MOTION CARRIED. ITEM VII - STAFF - HAROLD BOHLEN VARIANCE - FACTS AND FINDINGS Horst Graser presented facts and findings on the variance application for Harold Bohlen supporting the approval action by the Planning Commission on September 17, 1992. Facts and Findings for 13380 Hickory Avenue are as follows: Approximately one half of the two subject quarter /quarter sections were previously platted into 2 to 3 acre lots under the jurisdiction of Eagle Creek Township. PLANNING COMMISSION MEETING MINUTES OCTOBER 15, 1992 PAGE 5 2. As a result of the previous platting the subject quarter /quarter sections are urban in character and zoned R -1 and C -1 to reflect higher residential density and environmentally sensitive lands. 3. The applicant's parcel consists of 26 acres. 4. The subject property is a residual piece of property in two urbanized quarter /quarter sections. It is adjacent to the City of Shakopee which provides for a greater density in their rural service area. 5. The proposed lot size is consistent with the 4 per 40 acres concept found in the Comprehensive Plan. 6. The neicjhborhood was supportive of one additional residential unit. 7. Because of the unique circumstances, the variance is a reasonable deviation of Prior Lake's zoning Law, promotes fairness and equity, and is not contrary to the general health and welfare of the community. S. The applicant has agreed to execute and record an agreement with Prior Lake restricting the issuance of additional building permits for any residential units on the 26 acres until public sewer and water is available. The applicant further agrees to restrict the location of the one additional residential unit granted under this permit to that part of the 26 acres lying west of the township road in the South half of the Southwest Quarter of the Northeast Quarter, all in Section 23, Township 115, Range 22, Scott County, Minnesota. MOTION BY ROSETH, SECOND BY ARNOLD, TO ADOPT THE FACTS AND FINDINGS FOR THE HAROLD BOHLEN VARIANCE APPLICATION AS PRESENTED. Vote taken signified ayes by Roseth, Arnold, and Loftus. Commissioners Wuellner and Greenfield abstained as they were not in attendance of the meeting. MOTION CARRIED. The Commissioners directed Staff to proceed on a proposal to amend the Zoning Code on 10 acre lot size. ITEM VIII - REORGANIZATION OF PLANNING COMMISSION Commissioner Arnold nominated Commissioner Roseth for Chairman. Nominations closed. Vote taken signified ayes by Arnold, Loftus, Wuellner, Greenfield, and Roseth. MOTION CARRIED. Commissioner Wuellner nominated Commissioner Arnold for Vice - Chairman. Nominations closed. Vote taken signified ayes by Wuellner, Roseth, Greenfield, Loftus, and Arnold. MOTION CARRIED. PLANNING COMMISSION MEETING MINUTES OCTOBER 15, 1992 PAGE 6 Mark Simon returned and wanted the building permit without the easement. Mr. Simon was advised that the motion had been passed with that contingency. Discussion followed on the procedure and Mr. Simon agreed to the motion. Discussion followed on future projects. MOTION BY ARNOLD, SECOND BY WUELLNER, TO ADJOURN MEETING. Vote taken signified ayes by Arnold, Wuellner, Loftus, Roseth, and Greenfield. MOTION CARRIED. Meeting adjourned at 9:52 P.M. Tapes on file at City Hall. Director of Planning Recording Secretary Horst W. Graser Rita M. Schewe `,j PRIO+ UU "RZ03PC" PLANNING REPORT SUBJECT: REZONING APPLICANT: BERTHA BEAUDETTE SITE ADDRESS: 5086 CREDIT RIVER ROAD PRESENTER: SAM LUCAST, ASSOCIATE PLANNER PUBLIC HEARING: X YES NO DATE: NOVEMBER 5, 1992 SITE ANALYSIS HISTORY /BACKGROUND The subject site is a 1.3 acre parcel which contains two lots of record. A rezoning is proposed from C -1 Conservation to R -1 Urban Residential (Single family dwellings). The lots have been in the same ownership since their purchase in the late 1940's and early 1950's. They are not part of any subdivision, but they have frontage on Credit River Road and St. Paul Avenue, border another residential lot and the school district property. PREVIOUS PROPOSALS: There are no previous proposals for the subject site on record at City Hall. PHYSIOGRAPHY Both lots are predominantly flat, but have a ravine along the northern portion of the lot abutting the school district property. In staff's opinion the ravine is not a large enough factor to prohibit the change in zoning. The .8 acre lot which will presumably be built upon has approximately 24,000 square feet (sf) of area excluding the ravine area. This is over twice the amount of sf required for a single family lot in an R -1 zone. Some significant trees occupy this lot and, depending upon house placement, may be lost during construction. ADJACENT USES: Nor of the site and abutting it is the Independent Consolidated School District 719 property. To the east and west are single family homes in established residential neighborhoods. Across County Road 21 to the south of the site is open space zoned R -3 Multiple Residential. EXISTING CONDITIONS: The subject site contains a single family dwelling which occupies 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 AN EQUAL OPP0=,NRY EWWYER the westerly parcel and approximately one half an acre in area. According to the submitted survey, the southwesterly corner of the house is 17.3 feet from the northerly line of Credit River Road as traveled. Although the front yard setback for new construction is twenty five (25) feet, this situation is viewed as a legal nonconforming setback not subject to variances. For all intents and purposes the easterly parcel is vacant. It does contain a 14 x 16 foot storage shed which is cantilevered out over the ravine bank, but it is no longer safe and will probably be removed when the site is developed. The site also contains a shrine with the Virgin Mary set in a masonry structure. These two items do not significantly impact development on the site. Trees are scattered randomly about the property and range from small to significant. The northerly eighty (80) feet of the property is part of a ravine which begins in the west and gets deeper to the east. It is the recipient of yard waste and miscellaneous litter, but nothing significant enough to cause concern. NEIGHBORHOOD ISSUES /IMPACT /CONCERNS The Planning Department received several phone calls regarding the rezoning. Mostly the callers were concerned about multiple family or commercial uses. Neither uses would be acceptable. The rezoning is based on the underlying Comprehensive Plan Land Use designation which is low density residential (single family dwellings). Staff believes the area was mistakenly included in the Conservation Zone. The rezoning would be a refinement of the The purpose of the Conservation District is to identify vital environmental resources of the community such as steep slopes, wetlands, and unstable soil conditions. Development is allowed only after careful analysis. The rezoning would not impact the steep slope which is located on the northern portion of the property. A substantial building envelope exists which would allow development to occur without disturbing the slope area. RECOMMENDATION: When consi Bring the underlying Comprehensive Plan Land Use Designation, the justification for Conservation Zoning, and the adjacent land use, staff recommends approval of the rezoning as requested by the applicant. There is justification when all aspects of the request are considered. The rezoning would be a refinement of the Conservation District. a P. sw� �!V I i 5M SUBJECT SITE WAkpgEHENSIVE PLAN LAND WE PLM Nj ,�z 0 3 FIDt J67- fol- 0 -0 None icant rty CITY OF PRIOR LAKE LICATION FOR REZONING Consultant: Address: _Phone: Location of proposed rezoning Present Zoning: Property Acreage to be rezoned: Intended use(s) of property:_ Reasons for Request Deed Restrictions: `I No _Yes If so, please attach. Has the Applicant previously sought to plat, rezone, obta a variance or conditional use permit on the subject site or any part of it: Nb _Yes What was requested:_ _ When: SUBMISSION REQUIREMEENTS (A)Complete application form. (B)Complete legal description 6 Property Identification Number (PID). (C) Filing fee. (D)Deed restrictions, if necessary. (E)Fifteen copies of a site plan and Certified Survey, 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 COMPLETE APPLICATIONS WILL BE REVIEWED BY THE PLANNING ODtMIISSION. Tb the best of my 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 fo rezo0ing procedures. I agree to provide information and follow the es o r LYjn, ,_ the Ordinance. Applicants Signature Date Fee Owners Signature Date THIS SECTION TO BE FILLED IN BY THE PLANNING DIRECTOR PLANNING COMMISSION _APP%N® _DENIED DATE OF HEARING CITY COUNCIL _APPROVED _DENIED DATE OF HEARING Existing use of Property: Signature of the Planning Director Late y "t PKAp� NOTICE OF REZONING PUBLIC HEARING You are hereby notified that the PLANNING COMMISSION will hold a Public Hearing in the Prior Lake City Council Chambers at 4629 Dakota Street S.E., on THURSDAY NOVEMBER 5, 1992 at 7:30 p.m. The purpose of the hearing is to consider the rezonin5 of the following legally described property from C -1 Conservation to R -1 Urban Residential. All that part of the Southwest 02arter of the Northwest Quarter (SWJ of "j), Section one (1), Township one hundred fourteen (114), Range twenty -two (22), described me follows: Co=eueing at the Southeast corner of Costello's Addition to Prior Lake, Scott County, Minnesota, according to the plat thereof on file and of record in the Office of the Register of Deeds in and for said county and state, thence rsnning due North alaug the &net line of said Costello's Addition to Prior Lake one hundred fifty (150) feet, thence due test one hundred (100) feet, thence South parallel to the Sant line of said Costello's Addition to the Northerly line of the Credit River Road which said Northerly line is One hanired sixteen (116) feet from the center of the track o� Chicago, Milwaukee and St. Pant Railroad, thence Northwesterly along the North line of the Credit River Road to the place of beginning. All that part of the Southwest Quarter of the Northwest Quarter (Syl of 3*) of Section out (1), Township one hundred fourteen (114), Range 'Twenty -two (22) described as fellowst Comasnoing at a point one hundred fifty (150) feet North and one hundred (100) fast tae% of the Southeast earner of Costello'* Addition to Prior lake, Scott County, Minneacts, according to the plat thereof on file Pad of record in the office of the Register of Desdl In and for said County and State, thence due last one hundred forty (140) lest, %home* South parallel to %be last line of said Costello's Addition to the Northerly line of Credit River Road, then** Northwesterly along the North line Credit River road to a poia( due South of place of beginning, %bemce North to place of beginning, or more commonly described as: THE EPHRIAM BEAUDETTE PROPERTY, 1.3 ACRES AT 5086 CREDIT RIVER ROAD SE. If you desire to be heard in reference to this matter, you should attend this hearing. The PLANNING COMMISSION will accept oral and or written comments. If you have questions regarding this matter, contact the Prior Lake Planning Department at 447 -4230. Sam Lucast Associate City Planner To be published in the Prior La%0 American on OCTOBER 26th and NOVEMBER 2nd 1992. 4629 Dakota St. S -E., Prior Lake Minnesota 55372 / Ph. (612) 447 -4230 / Fax(612)447-4245 AN EQUAL OWORNNI EWLOYER 4DVANCE SURVEYING & ENGINEERING CO. WS. Hwe NO 101 Mmrsumta. MN aayS Phom'MI]If4 w.0 Fu Ml2Ip4s :.: vFyFpg: WILLELSNER VVEYED: September 1. IW'_ 1FTED September L 1992 ON tll that part of the Southwest Quarter of the Northwest Quarter of section 1. Township 114, Range 22, Scott County, ::I ..... t. described as follows: Commencing at the southeast co of Costello's Addition to Prior fake: thence running due North along the East line of said Costello's Addition 150 feet: thence due East loo feet: thence South parallel to the East li.:e of said Costello'. Addition to the Northerly line of Credit River Road, thence Northwesterly along said northerly line to a point due South of the place of commencement: thence North to the place of commencement. and All that part of the Southwest Quarter of the Northwest Quarter of Section 1. Township 114, Range 22, Scott county, Minnesota described as follows: Commencing at a point 150 feet North and 100 feet East of the southeast corner of Costello's Addition to Prior take; thence due East 140 feet; thence South parallel to the East line Of said Costello's Addition to the Northerly line of Credit River Road, thence Northwesterly along said northerly line to a Point due South of the place of commencement; thence North to the place of commencesti Amot WESTERLY PARCEL: All that Part of the Southwest Quarter of the Northwest Quarter of Section 1, Township 114, Range 22, Scott County, Minnesota Consenting at the southeast corner of Costello's Addition to Prior like: thence running due North along the East line of said Costallo's Addition ISO feet: thence due East 120 feet: thence South parallel to the East line of said Costello's Addition to the Northerly It. of Credit River Road. thence Northwesterly along said northerly line of to a point due South of the Point of commencement; thence North to the place of commencement. EASTERLY PARCEL All that part of the Southwest Quarter of the Northwest Quarter of Section 1, Township lie. Range 22. Scott County, Minnesota described as follows: Commencing at a point 150 feet North and 120 feet East of the southeast corner of Costello's Addition to Prior lake; thence due East 120 feet: thence South parallel to the East line of said Costello's Addition to the Northerly line of Credit River Road, thence Northwesterly along said northerly line to a point due South of the place of commencement: thence North to the place of commencement. NOTE: We send this preliminary copy on September J, 1992 for review and comment, if any, by the City and Owner before final submission. I will be back in my office on Friday, September 11, 1992 if you have questions or comments at 424 1964 phone or 414 9261 fax. LIMITATIONS. CERTIFICATION: WeM.rwwrN 4,rw�a+.nM ri p'nr.n.nrW.mv,anm . u..mn.. . u.. ✓,rr.w .✓.w rn..nmw mi..n I Mrek, .,.try IMt on, uinav Wit n Nn .npe.+nrm mr m.ma 1. in, s,......r.iu ne emwi..a,,.m�. P.NUa r IE pnu w P fns +waa; SUnr YWm Yr;... nand nnrm�Y rs.i.sr,n ., iY YP�yvnr^r nwn�m�nyr,. mn. ,W �� maN mpMma uw m+me,.ruu.' raw .pun r.. .w wm;.eremt rtr mnn W, .W..nn r4.. ' , t \ S W �a / - W _._ ` W „ �.n^�••.• •naa.e.WwrmWn.ne<a r •r hnq H. Pw4n FIE dPi NO 173" STANDARD SYMBOLS A CONVENTIONS: 1 `SPACE_ ONE INCH EOUAIS riQ<mnn IM- III piM•es plmtk plus kiting Suav I.W.x.e cum1V tree. w t. if W i, SAW tatn.a W Z J o s _ �l MW W W ry yD'I J a i W i i=o =Z g ZAE > F `CW N i „yF,geJ i e � v n 242W� W i3 g S " "- "E' QP, L - . y Vy ^ryPLQ• r M In, r unJ.1 m. Jircn >upvnicFm aM IIa am , r unu.nn. V +�r1:M 4annfAllnr'wrxa -A PANT ISO /CET MORT A" ICO FEET LAST CPTMC SOOTMEASTCMMSR OrCOSTELLO *S AOOTION rO PRIOR LAME MINN. 1 PACT V �I 9 30 FEET � t t` I + +' �o > W Wj$ 9� O�Q C C In, r unJ.1 m. Jircn >upvnicFm aM IIa am , r unu.nn. V +�r1:M 4annfAllnr'wrxa -A PANT ISO /CET MORT A" ICO FEET LAST CPTMC SOOTMEASTCMMSR OrCOSTELLO *S AOOTION rO PRIOR LAME MINN. 1 PACT V �I 9 30 FEET 01 PR, P "VA33PC" PLANNING REPORT SUBJECT: VARIANCE APPLICANT: WAYNE MOBERG SITE ADDRESS: 3114 FAIRVIEW ROAD SW PRESENTER: SAM LUCAST, ASSOCIATE PLANNER PUBLIC HEARING: YES X NO DATE: NOVEMBER 5, 1992 HISTORY /BACKGROUND The Planning Department received an application for variance from Wayne Moberg who wishes to build a detached 24' x 32 garage. The subject site is a 7463 square foot substandard lot cf record. It is 49.91 feet wide at the street and 40 feet wide at the shore. Fairview Road is an unimproved private road which abuts County Road 81. The applicant is requesting a five (5) foot southeast front yard, five (5) foot southwest side yard, a six inch northeast side yard, and a ten (10) percent lot coverage ratio variance to construct the garage. PREVIOUS PROPOSALS: There are no previous proposals on record for this site at Prior Lake City Hall. PHYSIOGRAPHY The lot slopes from the southwest to the northeast. Drainage flows around both sides of the house toward Spring Lake. Twenty to twenty five (20 -25) feet behind the house the property drops off rather severely toward the lake. ADJACENT USES: The suF�ectssite is located in a subdivision experiencing the conversion of cabins to single family year around dwellings. Fairview Road is a private, unimproved road with many buildings very close to the road and not meeting current setback requirements. County Road 81 runs parallel to Fairview Road and provides access at two intersections. EXISTING CONDITIONS: The principal structure on the lot is a 768 square foot log cabin with a finished walkout lower level. it is located approximately four feet from the westerly property line and seven to eight feet from the easterly property line. A single stall fourteen foot by twenty foot (14' x 20 garage is located approximately one foot from the easterly property line and less 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax(612)447-4245 AN EQUAL OPPOR R Y EWLOYEN than ten (10) feet from the front property line. The applicant is proposing to remove this garage, if a variance is approved, to construct another one. see attached survey for reference. The front yard contains a medium size fruit tree and the rear yard, lakeside, has significant trees. The front yard also contains a retaining wall, approximately twenty (20) feet from the front property line which runs across the entire front yard. The lot currently contains approximately thirty seven (37) percent impervious surface coverage. With the proposed addition it would rise to approximately forty (40) percent coverage and require a ten (10) percent lot coverage ratio variance. NEIGHBORHOOD ISSUES /IMPACT /CONCERNS_ Assuming t e variance s gran a as requested, the existing nonconforming garage will be removed and replaced with a garage more in line with current zoning standards. Parking in front of the garage will be possible without impeding traffic on Fairview Road. The distance to the side lot lines is also proposed to be increased. The down side of the development is the impervious surface coverage will be increased from the existing approximately 37 % to 40$. One purpose of the Shoreland Management Ordinance is to minimize or limit development on substandard lots to construction that is reasonable and considers the confines of the small lot size. Toward that end, variances should be limited in number and amount. It is imperative the scale of development reflect the limitations of small lot size. One cannot expect to develop the same size buildings on 7,500 square foot lots that can easily be built upon standard, 10,000 square foot lots. In previous cases, the Planning Commission has limited oversize garages on substandard lots to a double garage. This garage is already limited by the Zoning Ordinance which allows an 832 square foot detached garage or one no larger than the principal structure, whichever is less. In this case the principal structure is only 768 square feet thereby limiting the garage to 768 square feet. One available alternative for the applicant is to reorient the garage within the front yard which would eliminate the need for setback variances altogether. However, staff believes the alternative is not reasonable and would destroy the front yard aesthetics for the owner and neighborhood. Staff would support a 5 foot front yard variance and a smaller, 2.5 foot side yard variance, because it would provide a reasonable size garage, consistent with others in the neighborhood and previous Planning Commission decisions. RECOMMENDATION: The re commenTation from staff is to deny the 5 foot side yard, six inch side yard and 10% lot coverage variances. The garage should be downsized to reduce the coverage ratio. Staff would not object to granting a 2.5' side, 5' front yard and 8% lot coverage variance which would provide the applicant a 24' x 29' or 696 square foot detached garage. Granting the variance must be contingent upon the removal of the existing garage. The Planning Commission may require a tree be planted to replace the tree lost in construction. The hardship in this case shaped lot, and small under a former government by staff would allow garage that has setbacks by the Planning Commis Fairview Beach neighborho variance with current zon has granted similar va variances outlined by sta ordinance, produce subst not be detrimental to the is the substandard lot size, the pie ouse size. The property was subdivided jurisdiction. The variances outlined he applicant to build a reasonable size onsistent with other variances granted ion under similar circumstances. The d has a number of structures built at ng standards and the City of Prior Lake iances within the neighborhood. The f observe the spirit and intent of the ntial justice, are reasonable and would health and safety of the neighborhood. VA_-_ PIDW .off: /3.i -G / / - O CITY OF PRIOR LAKE APPLICATION FOR VARIANCE Applicant: Al8IIZ �6rrC Hone Phone: y�j - ZY2L Address: 3// faitui'e ✓ Ate/ tea/ °rbrk Phone: Property Owner- - Home Phone: Address 3 /liT TAbrk Phone: Type of Ownership: Fe Contract ye y Purchase Agreement Consultant /Contractor: Phone: Existing use of Property: _ �. !/IJ Az�,/y -e _ Present Zoning: 5 Proposed Use r " of Property - /, /- to /Torn e Legal Des of Varian Variance 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: the type of improvements SUBMISSION REOUIREMFa11'S 9-75. (A)Completed application form. (B)Filing � ffegg (C)Certified from abstract firm, names and addresses of property owners within 1001 feet of the exterior boundaries of t e subject property. D)Crnsplete leg escription 6 Property Identification Number (PID). (E)Deed restrictions or private covenants, if applicable. MA parcel map at 1 "- 20' -50' showing: The site developnent plan, buildings: parking, loading, access, surface drainage, landscaping and utility service. ONLY COMPLETE APPLICATIONS SMALL BE REVIEWED BY THE PLANNING COMISSION. To the best of my knowledge the information presented on this form is correct. In addition, I have read Section 7.6 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. q., A�ppl is Signa Submitted this day of lQ 19 Fee oers Signature THIS SPACE IS TO BE FILLED OUT BY THE PLANNING DIRECTOR PLANNING C0EIIIISSI0N _ APPROVED DENIED DATE OF HEARING CITY COUNCIL APPEAL _ APPROVED DENIED _ RATE OF HEARING CONDITIONS: Signature of the Planning Director Date C, ] RVEY PREPARED FOR WAYNE MOBERG 3114 FAIRVIEW ROAD S W PR /OR LAKE, MN $3322 SPRING LAKE Valley Surveying Co.. PA- ,,,,E 1E0_C , 16670 FRANKLIN TRAIL FRANKLIN TRAIL OFFICE CMDOMINNY TE RK)NE (6112)MTA 3T2 26T0 i o SCALE IM FEET 8 yN. � nN. w' 6NN yNY1N,n!/6W ,�. MM1.tNiM Lw1/ yiNls NNNM Yw M M fMH M MMiWN_ O A new r �M w/�. F yns. Ne NN6! MOM bM eenu�e NeY Is S •, ( k. GR.ay @� , aR vg n 0 PR, R t� "VA33PN" 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 NOVEMBER 5, 1992 at 7:45 P.M. PURPOSE OF HEARING: To consider a variance application from Wayne Moberg of 3114 Fairview Road to construct a detached 24' x 32' garage. SUBJECT SITE LOCATION: The subject site is Mr. Moberg's residence, Lot 17 Fairview Beach. It is better known as 3114 Fairview Road. REQUESTED ACTION: The applicant is requesting the Planning Commission grant a five (5) foot southwest side yard, a one half (1/2) foot northeast side yard, a five (5) foot southeast front yard, and a ten (10) percent lot coverage ratio variance to construct the garage. The Prior Lake Zoning Ordinance requires a ten (10) foot setback from each side lot line, and a twenty five (25) foot setback from the front property line. In the Shoreland District thirty (30) percent of the lot may be covered by impervious surface. The applicant is requesting to vary from the Ordinance by the above stated amounts to build the garage. 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: October 30, 1992 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / F"(612)4474245 AN EQUAL OPPO� aflIDYER 1' k S c IIVA34PC" PLANNING REPORT SUBJECT: LOT COVERAGE & LAKESHORE VARIANCE APPLICANT: MERLYN J. OLSON SITE ADDRESS: 15398 RED OAKS ROAD PRESENTER: DEB GARROSS, ASSISTANT CITY PLANNER PUBLIC HEARING: YES X NO DATE: NOVEMBER 5, 1992 HI 0 B The Planning Department received a variance application from Merlyn Olson to consider a 21' lakeshore and 8% lot coverage variance for the property located at 15398 Red Oaks Road. The property is legally described as Lot 23, Red Oaks. The applicant proposes to remove an existing two story home and double detached garage, (Exhibit A), then build a new single family home as indicated on attached survey, (Exhibit B). PREVIOUS PROPOSALS There are no previous proposals on file with the Planning Department for the subject site. The plat of Red Oaks was subdivided in 1930 and annexed into the City of Prior Lake in 1973 when Eagle Creek Township was consolidated. Scott County records indicate that the existing home was built in 1925. P HYSIOGRAPHY : Lot 23 contains a significant amount of relief across the width as well as the length of the lot. There is a 14% slope across the lot in the vicinity of the proposed deck area. There is a 70% slope from the top of the retaining wall to the lake of Prior Lake. The bluff adjacent to the lake is wooded with volunteer growth with some mature oak and evergreen trees adjacent to the home. There is a retaining wall along the southerly side property line and a rock wall along the southerly line of adjacent Lot 24. A separate retaining wall is located along the north and west sides of the subject site near the edge of the proposed deck. When setbacks are applied to the site, a resulting 28' x 59' building envelope remains. The lot consists of 7,948 square feet in area and is approximately 50 feet wide. ADJACENT USES: The adjacent lots are developed with single family homes. Lot 22 contains a detached garage which is located 2.5' from the south side property line of the subject site. The subject site is developed with a two story, stucco home with detached double garage. The existing home was built under a different government jurisdiction other than the City of Prior Lake. The existing 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 ( Ph. (612( 447.4230 I Fax (612) 447 -4245 AN I:QUAI u'1 )3I I INI'IY 1 MI'10V11t home is located 6.4' from the south side property line and the garage is located 2.5' from the north side and 16' from the east front yard property line. The deck is located approximately 56' from the 904 contour. DEVELOPMENT SUMMARY: The subject site is zoned R -1, Urban Residential and is located within the S -D, Shoreland District. The setback standards are 25' front, 10' side yard, 75' lakeshore with a maximum impervious surface coverage of 30 %. The applicant proposes to remove the existing home and garage which are currently at variance with required setback standards. The proposal is to construct a new single family home that meets the side and front yard setback requirements. The Zoning Code allows for setback averaging which would allow the new home to be located 58 feet from the 904, without variances. The setback average would restrict the deck to 5' in depth along the southerly side and result in an irregular shape deck, due to the curvature of the lake in the vicinity of the lot. RECOMMENDATION: The recommendation from staff is to approve the 21' lakeshore and 8% lot coverage variance as requested. The applicant proposes to remove two structures that currently are situated at legal non - conforming setbacks. All setbacks with the exception of the lakeshore setback will be met under the applicant's proposal. The 21' lakeshore and 8% lot coverage variances are reasonable considering the restricted building envelope that results when current zoning standards are applied to a lot subdivided under township jurisdiction. The Zoning Ordinance allows setback averaging when adjacent structures are located at various setbacks from the ordinary high water mark, to a minimum of 50 feet. The setback average in this case is 58 feet. The applicant proposes to construct the deck 54 feet from the 904 contour. Staff believes it is reasonable to consider a 4 foot deviation from the setback average in order to provide a rectangular shaped deck. The hardship in this case is not the result of the applicant nor City of Prior Lake but rather that the lot was subdivided under a previous government jurisdiction with different standards than currently are applied by city zoning regulations. The application results in a new development that is consistent with side and front yard setback requirements. The city of Prior Lake has granted lakeshore variances up to 40 feet within this subdivision. The property is unique with respect to topography and the variance observes the spirit of the shoreland management chapter of the Zoning Ordinance and would not be detrimental to the health and welfare of the neighborhood. PIDt - CITY OF PRIOR LAKE APPLICATION FOR VARIANCE Applicant: Merlyn J.Ol,9Qn Home Phone: 895 -9974 Address: Elaine Court Sava a MN 55378 Work Phone: 751 -7595 Property Uv Home Phone: Address: 4brk Phone: Type of Ownership. Fee Contract Purchase Agreement Y Consultant/Contractor: v,l i p , .v Phone: 44 - :>sJ7c Merlyn Olson Homes 895 -9974 751 -7595 Existing Use of Property: Present Zoning: R-1-4 SO Legal Description of Variance Site: Lpt 23.Red Oaks Scott Count 72 Variance Requested: 1.- Minimum- -Lot -Area (7,948 s.f. 15,000 Requ 2. setback from the Lake 3.House & Driveway Coverage Ratio 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 __& __No What was requested: When: Disposition: Describe the type of improvements proposed: no imately $150,000. SUBMISSION REODIRIIMUS (A)Completed application form. (B)Filing fee. (C)Property Survey indicating the proposed development in relation to property lines and/or ordinary- high - water mark; proposed building elevations and drainage plan. (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 & Property Identification Number (PM). (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 ?nd utility service. ONLY COMPLETE APPLICATIONS SHALL BE ACCEPTED AND REVIEWED BY THE PLANNING COMMISSION. To the best of my knowledge the information presented on this form is correct. In addition, I have read Section 7.6 of the Prior Lake Zoning Ordinance which specifies requirements for variance procedures. I agree to provide infor�,at% follow the procedures as outlined in the Ordinance. Submitted this day of October 19 92 THIS SPACE IS TO BE FILLED OUT BY THE PLANNING PLAIWING O"ISSION _ APPROVED _ DENIED CITY COUNCIL APPEAL _ APPROVED DENIED DATE OF HEARING DATE OF HEARING Signature of the Planning Director Date SURVEY PREPARED FOR MERLYN OLSON 13355 ELAINE COURT SAVAGE. Ml,. 55376 r v0� �p OS : 9 q l2 Valley Surveying Co., P.A. SUITE 120 -C , 16670 FRANKLIN TRAIL FRANKLIN TRAIL OFFICE CONDOMINIUM PRIOR LAKE, MINNESOTA 55372 7ELEPNONE (612) 447 -2570 EXHIBIT A PROPERTY DESCRIPTION, Lot 23, "RED OAKS ", Scott County, Minnesota. Also showing all visible improvements and encroachments on to and off from said property if any. NOTES, Henohmark elevation 940.85 top of I" iron pipe 91.00 feet northwesterly of the southeasterly lot corner. 928.7 Denotes existing grade elevations messured TELEPHONE r (612) 4 ; 47_257 vrcx Exurwt IWIE YwE /M, n. we.h vxF° �)eyn / J PROPERTY DESCRIPTION, Lot 23, "RED OAKS ", Scott County, MLM9JOta. Also showing all visible improvements and ancroechmants on to and c£f from said property if any. NOTES, Benchmark elevation 940.85 top of }" iron pipe 91.00 feet northwesterly of the southeasterly lot corner. 928.7 0 30 sO SCALE IN FEET O DFnme I/2 kwb x Mince Mon mEnummd W aW m @d by Llwmn No 10183 • penohe iyon mwumvM /drxM • DEnwee P w. NO, Nt Denotes existing grade elevations measured I h=ay cnNly met mh voney Ww oevOVrnd byme , aWw'9' she vr•vrvh/ar admat Ian a WY Awnted Land Saegw arse se Is O°t° J�_ Liw,av No. IOI83 1 FILE No 7507 BOON 191 MOE l7 Exrarme sauvF it , .Q 1 0 9 129 I � W �a � � f ' e i9 s�J f •d °° /. qq Q 'brigs e{e'y Q IW1E �e TC n. J(v, yP -_ •i• \ c- n• r.. nr 1 pppvvvFFF� vrcx Exurwt IWIE YwE /M, n. we.h vxF° �)eyn / J PROPERTY DESCRIPTION, Lot 23, "RED OAKS ", Scott County, MLM9JOta. Also showing all visible improvements and ancroechmants on to and c£f from said property if any. NOTES, Benchmark elevation 940.85 top of }" iron pipe 91.00 feet northwesterly of the southeasterly lot corner. 928.7 0 30 sO SCALE IN FEET O DFnme I/2 kwb x Mince Mon mEnummd W aW m @d by Llwmn No 10183 • penohe iyon mwumvM /drxM • DEnwee P w. NO, Nt Denotes existing grade elevations measured I h=ay cnNly met mh voney Ww oevOVrnd byme , aWw'9' she vr•vrvh/ar admat Ian a WY Awnted Land Saegw arse se Is O°t° J�_ Liw,av No. IOI83 1 FILE No 7507 BOON 191 MOE l7 SURVEY PREPAREO FOR MERLYN OLSON 13355 ELAINE COURT SAVAGE. MN 55378 Volley Surveying Co., P.A. SUITE 120 -C , 16670 FRANKLIN TRAIL FRANKLIN TRAIL OFFICE CONDOMINIUM PRIOR LAKE, MINNESOTA 55372 TELEPHONE (612) 447 -2570 14 .x ff=� PROPERTY DESCRIPTION: Lot 23 "RED OARS ", Scott County, Minnesota. Also showing all visible improvement. and suer ... hment. oI to and oft' from said property it any. NO'T'ES: Benchmark elevation 940.85 top of j•' iron pipe 91.00 feet northwesterly of the southeasterly lot corner. I 'A � VVII 928.7 Denotes existing grade elevations measured 5.0 Denotes proposed finished grade elevations .�-- Denotes proposed direction of finished drainage Set the garage slab at elevation 935.17 Set the top of block at elevation 942.50 The basement floor elevation will be 934.50 Net Lot area to elevation 904 = 7948 sq ft. / r NISf ' / exrzrrx, wmae g J 030.0 h' i } Q al a h 1 ° n � EL issev� / S N a lt Qaa �, a. / •iSa EJ. �/ • a art �,�/ °. yi // E /ICJ T` \ /ryuk w � -. / • �>•s wan\ Je � vise Po. M .— a �,� • 'A9\ o,,� � REQUEST 21' LAKESHORE VARIANCE a 'b /;k o°Ja W n , r,,, a �'• " b "• as �` S% LOT COVERAGE VARIANCE G. L_ Ee•^. [xl[IMM oEex u[waE -.' IW lt. y 11 I [�x •'•� YN a a b Wi PM. / ?J / PROPERTY DESCRIPTION: Lot 23 "RED OARS ", Scott County, Minnesota. Also showing all visible improvement. and suer ... hment. oI to and oft' from said property it any. NO'T'ES: Benchmark elevation 940.85 top of j•' iron pipe 91.00 feet northwesterly of the southeasterly lot corner. I 'A � VVII 928.7 Denotes existing grade elevations measured 5.0 Denotes proposed finished grade elevations .�-- Denotes proposed direction of finished drainage Set the garage slab at elevation 935.17 Set the top of block at elevation 942.50 The basement floor elevation will be 934.50 Net Lot area to elevation 904 = 7948 sq ft. / r NISf ' / P L pK j z 9 C� Zq /qt 9� t ry W u SN � e � 2 N � S4,r i � er � u. aw.se REQUEST 21' LAKESNORE VARIANCE 8% LOT COVERAGE VARIANCE PROPERTY DESCR1PTiON! Lot 23, "RED OAKS", Scott Cuunty, Minnesota. Also showing all visible imyrovemeots and encroachments on to and off from said property iI' any. NO'T'ES: Benchmark elevation 940.85 top of I" iron pipe 91.00 feet northwesterly of the southeasterly lot corner. 1 928.7 Denotes existing grade elevations measured 9 O Denotes proposed finished grade el.rati.. �-- Denotes proposed direction of finished drainage Set the garage slab at elevation 935.17 Set the top of black at elevation 942.50 The basement floor elevation will be 934.50 Net Lot area to elevation 904 = 7948 sq ft. 0 30 60 F SCALE IN FEET O Denaaa 1/2 i„an x Minen iron mommas as and meted by L,emae No 10183 • 0enoraa iron m..m N • Oenase P K. Nat set aM if / #WIXW 10/22192 To vh adme. I b by twi/y Ina 1Ne vveY vee Pewee by me w ,neer my creel Pewviaian o Mar I= a *1, lieenW L an w e S or m Ow iLZ Qane.�� — Lie No. 10183 FILE Na 7507 BOOK l91 PAGE 1T � r "VA34PN" 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, NOVEMBER 5, 1992 at 8:00 P.M. PURPOSE OF HEARING: To consider a variance application for Merlyn J. Olson, 13355 Elaine Court, Savage, MN 55378. SUBJECT SITE LOCATION: The subject site is Lot 23 Red Oaks, better known as 15398 Red Oaks Road. REQUESTED ACTION: The applicant is requesting a twenty one (21) foot lakeshore variance, and an eight (8) percent lot coverage ratio variance. The Prior Lake Zoning Ordinance requires a seventy five (75) foot setback from the Ordinary High Water mark of Prior Lake (904 contour). Also, in the Shoreland District thirty (30) percent of the lot may be covered with impervious surface. The applicant proposes to construct the single family home so that the deck is located 54 feet from the 904 contour. In order to construct the house as proposed, the applicant requests a 21' lakeshore variance. The proposal would create approximately 388 impervious surface including the home, garage, deck and driveway. In order to construct the home as proposed, the applicant alsc requests an 8% lot coverage variance. If you desire to be heard in reference to this matter, you should attend this meeting. oral and written coa..nents 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: October 29, 1992 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447 4230 / 1- AN I QUAI. QIPUIUUNIIY INHI NI H ov PRro y U � f17 A ��YN ES OqP "A1119" REGULAR PLANNING COMMISSION MEETIN AGENDA November 19, 1992 7:30 P.M. CALL TO ORDER 7:30 P.M. REVIEW MINUTES OF PREVIOUS MEETING DISCUSSION ALLEN GREENFIELD DISCUSS 2010 COMPREHENSIVE STAFF /COMMISSION PLAN REVIEW PROCESS ESTABLISH DATE TO TOUR STAFF /COMMISSION FUTURE PUD SITE FOR SIENNA CORPORATION. (160 Acres located south of Middle and Senior High School) * Indicates a Public Hearing All times stated on the Planning Commission Agenda, with the exception of Public Hearings, are approximate and may start later than the scheduled time. 4629 Dakota St. SE., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447 -4245 M EQUAL OPPORNMTY EMPLOYER PLANNING COMMISSION MINUTES NOVEMBER 5, 1992 The November 5, 1992, Planning Commission Meeting was called to order by Chairman Roseth at 7:30 P.M. Those present were Commissioners Loftus, Arnold, Roseth, Assistant City Planner Deb Garross, Associate Planner Sam Lucast, and Secretary Rita Schewe. Commissioners Wuellner and Greenfield were absent. ITEM I - REVIEW MINUTES OF PREVIOUS MEETING MOTION BY ARNOLD, SECOND BY LOFTUS, TO APPROVE THE MINUTES AS WRITTEN. Vote taken signified ayes by Arnold, Loftus, and Roseth. MOTION CARRIED. ITEM II- PUBLIC HEARING - BERTHA BEAUDETTE- CONSIDER REZONING FROM C -1 TO R -1 The Public Hearing was called to order at 7:31 P.M. Will Elsner, 209 Ottawa Ave. South, Minneapolis, MN, stated he is representing his Mother, Bertha Beaudette of 5086 Credit River Road. The request is for rezoning the subject property from C -1 Conservation to R -1 Urban Residential in order to divide the property for resale. The subject site is quite large and would be difficult to sell either parcel as platted. Sam Lucast, Associate Planner, presented the information as per memo of November 5, 1992. The subject site is 1.3 acres with a ravine at the rear of the property which would not be impacted by construction. Staff believes the C -1 Zoning designation reflects the public land use of the adjacent school district pro ert located to the north of the site. The property characteristics do not reflect the natural features identified by the C -1 Zone such as steep slopes, wetlands nor unstable soils. Rather, the property characteristics are more reflective of the adjacent residential zones to the east, west and south. The rezoning would be a refinement of the Conservation District. The DNR has no objections to the rezoning. Scott County requests there be no direct access to County Road 21. Staff recommends approval of the rezoning as requested. Comments from the Commissioners were on: removal of shed, sewer and water connection, and procedures on rezoning. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 4474245 AN EQUAL OWORNNTY ENVUU E PLANNING COMMISSION MEETING MINUTES NOVEMBER 5, 1992 PAGE 2 MOTION BY ARNOLD, SECOND BY LOFTUS, TO RECOMMEND TO THE CITY COUNCIL THE APPROVAL OF THE REZONING FROM C -1 CONSERVATION TO R -1 RESIDENTIAL FOR 5086 CREDIT RIVER ROAD. RATIONALE BEING IT WOULD BE A REFINEMENT OF THE CONSERVATION DISTRICT, IT WOULD CONFORM TO THE COMPREHENSIVE PLAN AND THE CURRENT C -1 DESIGNATION DOES NOT REFLECT THE SITE CHARACTERISTICS. Vote taken signified ayes by Arnold, Loftus, and ROSeth. MOTION CARRIED. MOTION BY LOFTUS, SECOND BY ARNOLD, TO CLOSE THE PUBLIC HEARING. Vote taken signified ayes by Loftus, Arnold, and Roseth. MOTION CARRIED. The Public Hearing was closed at 7:45 P.M. ITEM III - WAYNE MOBERG - VARIANCE Wayne Moberg of 3114 Fairview Road S.W., stated he is requesting a variance to build a 24'X 32' garage for additional storage and a workshop. Mr. Moberg said he is disabled and needs the extra room to open car doors to get in and out. Sam Lucast, Associate Planner presented the information as per memo of November 5, 1992. The variances requested are; a 5 foot southeast front yard, 5 foot southwest side yard, 6 inch northeast side yard, and 108 lot coverage ratio variance. The subject site is a substandard lot of record that is located on a private road. The existing nonconforming garage will be removed and replaced with a garage more in line with current zoning standards. In previous cases, the Planning Commission has limited oversize garages, with this in mind, Staff recommends denial of the 5 foot side yard, 6 inch said yard and 108 lot coverage ratio. Staff would not object to granting a 2.5' side, 5' front yard, and 88 lot coverage variance thereby providing the applicant with a reasonable double garage. The existing house is 768 square feet, the garage size cannot exceed the size of the principle structure. Comments from the Commissioners, garage size should be 24'X 30 tree replacement and size of garage doors. MOTION BY LOFTUS, SECOND BY ARNOLD, TO GRANT A 5 FOOT FRONT YARD, 3.5 SOUTHWEST SIDE YARD, UP TO 108 LOT COVERAGE RATIO, TO CONSTRUCT A MAXIMUM SIZE, 24 X 30 FOOT GARAGE AT 3114 FAIRVIEW ROAD S.W. RATIONALE BEING PRECEDENT HAS BEEN SET IN THE NEIGHBORHOOD, LOT IS SUBSTANDARD, PROPERTY WAS SUBDIVIDED UNDER THE JURISDICTION OF A PREVIOUS GOVERNMENT, EXISTING GARAGE TO BE REMOVED, AND WOULD NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE OF THE COMMUNITY. Vote taken signified ayes by Loftus, Arnold, and Roseth. MOTION CARRIED. PLANNING COMMISSION MEETING MINUTES NOVEMBER 5, 1992 PAGE 3 ITEM IV - MERLYN OLSON - LOT COVERAGE AND LAKESHORE VARIANCE Merlyn Olson, 13355 Elaine Court, Savage, MN, stated he has acquired the property at 15398 Red Oaks Road and wishes to remove the existing house and garage and construct a single family home on the site which will require lot coverage and lakeshore variances. Deb Garross, Assistant City Planner, presented the information as per memo of November 5, 1992. The applicant has prepared a plan that requires the least amount of variance. Due to the irregular shoreline configuration of the 904 line, a 21 foot lakeshore variance and an 88 lot coverage ratio variance is requested to construct the home. Setback averaging could be used by the applicant but due to the curvature of the lake in the vicinity of the lot would restrict the deck to 5 foot width. Staff recommends approval of the variances requested. The lot is a substandard lot platted under a previous government and similar variances have been granted in the neighborhood. Comments from the Commissioners were in consensus of approval. MOTION BY ARNOLD, 't ECOND BY LOFTUS, TO APPROVE A 21 FOOT LAKESHORE VARIANCE AND A 8% LOT COVERAGE VARIANCE FOR 15398 RED OAKS ROAD, RATIONALE BEING THAT HARDSHIP IS NOT THE RESULT OF THE APPLICANT OR PRIOR LAKE BUT THAT THE LOT IS A SUBSTANDARD LOT, AND WAS PLATTED UNDER THE JURISDICTION OF A PREVIOUS GOVERNMENT, TOPOGRAPHY OF THE LOT LIMITS THE BUILDING ENVELOP, THE VARIANCES OBSERVE THE SPIRIT OF THE SHORELAND MANAGEMENT CHAPTER OF THE ZONING ORDINANCE AND WOULD NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE OF THE NEIGHBORHOOD. Vote taken signified ayes by Arnold, Loftus, and Roseth. MOTION CARRIED. MOTION BY ARNOLD, SECOND BY LOFTUS TO ADJOURN THE MEETING. Vote taken signified ayes by Arnold, Loftus, and Roseth. MOTION CARRIED. Meeting closed at 8:37 P.M. Tape of meeting on file at city Hall. Assistant C_ty Planner Recording Secretary Deb Garross Rita M. Schewe