HomeMy WebLinkAbout1992 October Planning Commission Agenda Packet�� �
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RDGULAR PLANNING COMMISSION KEEPING
AGENDA
OCTOBER 1, 1992
7:30 P.M.
CALL. TO ORDER
7:30 P.M.
REVIEW MINUTES OF PREVIOUS MEETING
* 7:30 P.M.
PUBLIC HEARING WESrBtW PONDS
REZONING
7:45 P.M.
HEARING H34E OCCUPATION
* 8:00 P.M.
PUBLIC HEARING WESrEDGE ESTATES
PRELIMINARY PLAT
2ND s 3RD PHASE
* Indicates a Public Hearing
JIM ALLEN
SAN JAUNF. GORMAN
LOUIS STASSEN
All times stated on the Planning Cammission 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 1 Ph. (612) 447 -4230 / Fax (612) 447 -4245
OF PRIOZ�\
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PLANNING COMMISSION
MINUTES
SEPTEMBER 17, 1992
The September 17, 1992, Planning Commission Meeting was called to
order by Acting Chairman at 7:30 P.M. Those present were
Commissioners Roseth, Arnold, Director of Planning Horst Graser,
Associate Planner Sam Lucast, and Secretary Rita Schewe.
Commissioners Loftus and Wuellner were absent.
As a quorum was not present, the Planning Commi:sion was recessed
until Commissioner Loftus arrived at 7:45 P.M. The meeting was
then called to order by Chairman Loftus.
ITEM I - REVIEW MINUTES OF PREVIOUS MEETING
MOTION BY ARNOLD, SECOND BY ROSETH, TO APPROVE THE MINUTES AS
WRITTEN.
Vote taken signified ayes by Roseth and Arnold. Commissioner
Loftus abstained as he was not in attendance of the previous
meeting. MOTION CARRIED.
ITEM II - TOM KEARNEY - VARIANCE EXTENSION
Thomas M. Kearney, 9090 McColl Drive, Savage, MN, stated he had
applied for and received a variance on October 17, 1991. Due to
the fact he has not sold his present home, he is unable to build
a new home at 6424 Conroy Street. He is therefore requesting an
extension of the variance VA91 -17 to October 1993.
MOTION BY ARNOLD, SECOND BY ROSETH, TO APPROVE THE VARIANCE
EXTENSION #VA91 -17, FOR 6424 CONROY STREET FOR ONE YEAR.
Vote taken Dignified ayes by Arnold, Roseth, and Loftus. MOTION
CARRIED.
ITEM III JOE MARTIN - VARIANCE
Joe Martin 3234 Kent Street, stated he is requesting a variance
to build a garage on his property which abuts the DNR public
boat access. The garage is planned for storage.
Associate Planner Sam Lucast presented the information as per
memo of September 17, 1992. The applicant is requesting a
fourteen (14) foot front yard variance to build a 28 28'
detached garage. The subject site is a corner lot and if the
garage was located to meet setbacks it would become more visible
from the lake, diminish the view from the deck, trees would have
to be removed, and seven or eight feet of fill would be
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 4474245
AN EQUAL OPPORrUNT EMPLOYEE
PLANNING COMMISSION MEETING MINUTES SEPTEMBER 17, 1992 PAGE 2
necessary to construct a building pad, substantially altering the
topography of the lot. Staff's recommendation is to approve the
variance with the condition the garage door face south to
eliminate access onto DeWitt Avenue.
Comments from the Commissioners were on driveway location,
alternate site not feasible, turning angle, door position and
downsizing garage.
MOTION BY ARNOLD, SECOND BY ROSETH, TO APPROVE A FOURTEEN (14)
FOOT FRONT YARD VARIANCE TO CONSTRUCT A 28 X 28 FOOT DETACHED
GARAGE AT 3234 KENT STREET. RATIONAL BEING THAT THE HARDSHIP IS
CAUSED BY THE EXISTING TOPOGRAPHY AND NOT THE APPLICANT, PLACING
THE STRUCTURE AT SETBACKS WOULD REQUIRE THE REMOVAL OF
SIGNIFICANT TREES AND SUBSTANTIALLY ALTE THE TOPOGRAPHY OF THE
SITE, IT IS AN REASONABLE REQUEST AND WOULD NOT BE DETRIMENTAL
TO THE HEALTH AND WELFARE OF THE NEIGHBORHOOD. A CONDITION OF
THE VARIANCE IS THE GARAGE DOOR MUST FACE SOUTH AND THERE NOT BE
ANY ACCESS FROM THE EAST (DEWITTE AVENUE) SIDE.
Vote taken signified ayes by Arnold, Roseth and Loftus. MOTION
CARRIED.
ITEM IV - BRADLEY LEIN - VARIANCE
Michelle Lein 3852 Pershing Street, stated they are repesting
variances to construct a 14' X 24' addition to their home.
Several options have been considered for remodeling and this
version was the must feasible. The two trees that will have to
be removed will be replanted by interested parties.
Sam Lucast presented the information as per memo of September 17,
1992. The variances requested are eleven (11) percent lot
coverage, seven and one half(7.5) foot front yard, and one (1)
foot east side yard variance. The lot coverage variance of 1700
square feet was inadvertently left off the application. Mr.
Lucast entered that information into the record at this time.
The lot is a substandard lot of record platted in the 1920's.
Due to the topography of the lot, an addition to the front is the
sensible location. Staff recommends approval of the variances as
stated. Precedent has been established in the neighborhood, it
is a reasonable request and would not be detrimental to the
health and welfare of the community.
Comments from the Commissioners were that they were all
in consensus with approval of the request.
MOTION BY ROSETH, SECOND BY ARNOLD, TO APPROVE THE ELEVEN (11 %)
PERCENT LOT COVERAGE, SEVEN AND ONE HALF (7.5) FOOT FRONT YARD
VARIANCE, ONE (1) FOOT EAST SIDE YARD VARIANCE, AND THE AMENDED
1700 SQUARE FOOT LOT COVERAGE VARIANCE FOR 3852 PERSHING STREET.
RATIONALE BEING THAT A PRECEDENT HAS BEEN SET IN SURROUNDING
SUBDIVISIONS, THE HARDSHIP IS CAUSED BY THE LOT BEING A
SUBSTANDARD LOT, PLACEMENT OF THE HOUSE BY THE PREVIOUS OWNER,
PLANNING COMMISSION MEETING MINUTES SEPTEMBER 17, 1992 PAGE 3
AND THE TOPOGRAPHY OF THE LOT AND NOT BY THE APPLICANT. THE
APPLICATION WOULD NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE OF
THE NEIGHBORHOOD.
Vote taken signified ayes by Roseth, Arnold, an,.1 Loftus. MOTION
CARRIED.
ITEM V - HAROLD BOHLEN - VARIANCE
Harold Bohlen 13380 Hickory Avenue, stated he wishes to
create 4 lots to be developed with single family homes and is
requesting variances from the Prior Lave City Code, the
Conservation District, and Shoreland District sections to
accomplish this.
Horst Graser, Director of Planning, presented the information as
per memo of September 17, 1992. The variances being requested
are from Section 5- 4 -1(N) of the Prior Lake City Code, which
restricts housing density, a variance from lot size standards of
Section 5 -4 -1 Conservation District, which require a 10 acre lot
size and a variance from Section 5 -8 -3 Shoreland District, which
requires a minimum 2 acre lot size. Mr. Bohlen is proposing to
create 5 lots, 4 of which are to be developed with single family
dwellings. The Planning Commission has denied three previous
applications of this type in the past. The application for
Henning was approved by the City Council. A comparison for
findings of fact for the Henning property was compared to the
Bohlen property.
Staff's recommendation is that under no circumstances should the
applicant receive four building permits as requested. There may
be justification to grant one permit for the entire 26 acres,
based upon the recent Henning Decision.
Janis Landskoog 13476 Pike Lake Trail, voiced her objection to
the proposed subdivision, as she had bought her property to live
in the country and does not want a development.
William Cramer 13496 Pike Lake Trail, stated he is against the
variance request as it would cause more traffic and dust on the
road.
Greg Wermerskirchen 4671 Martindale Drive, has no objection to
the houses being built but is concerned on the road dust and
maintenance by the City.
Carol Aronson 4723 Martindale Drive, is concerned on the road and
traffic and also opposed to the four homes.
Leo Virling 14091 Eagle Creek Avenue, has no objections to the
request.
Comments from the Commissioners were on clarification on the
zoning districts, request is not in conformance with the
Comprehensive Plan, and precedent would be set.
Mr. Bohlen stated he would agree to one building permit for the 8
acre site and would not develop further.
PLANNING COMMISSION MEETING MINUTES SEPTEMBER 17, 1992 PAGE 4
MOTION BY ROSETH, SECOND BY ARNOLD, TO APPROVE ONE (1) BUILDING
PERMIT FOR AN EIGHT (8) ACRE SITE LYING IN THE SW 1/4, OF THE SW
1/4 OF THE NE 1/4 OF SECTION 23 OF THE TITUS FIRST ADDITION AS
SHOWN IN EXHIBIT A BUT CANNOT RECEIVE ADDITIONAL BUILDING PERMITS
UNTIL UTILITIES ARE AVAILABLE. AT THE NEXT MEETING, STAFF WILL
SETFORTH FACTS AND FINDINGS FOR JUSTIFICATION CONSISTENT WITH THE
CITY COUNCIL FINDINGS ON PREVIOUS ACTION SO AS NOT TO SET A
PRECEDENT.
Vote taken signified ayes by Roseth, Arnold, and Loftus. MOTION
CARRIED.
Recess called at 9:45 P.M. Meeting reconvened at 9:50 P.M.
ITEM VI - PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT
The Public Hearing was called to order by Chairman Loftus at 9:50
P.M. The public was not in attendance.
Horst Graser presented the information as per memo of September
17, 1992. Two comprehensive plan amendments are necessary to
satisfy the Metropolitan Council in an effort to gain approval
for "The Wilds" Golf course. Prior Lake's current comprehensive
plan is outdated in terms of goals and objectives, and is
deficient in the Metropolitan Investment Policy.
RURAL SERVICE AREA POLICY AMENDMENT - The rural service area of
Prior Lake will serve as a holding and /or transition zone
permitting open space land uses. The objective is to preserve
large tracts of land which will accommodate future urban planned
development.
WATER RESOURCE MANAGEMENT PLAN - Sound storm water management
practices and water quality standards are paramount in preserving
the water oriented environment of Prior Lake residents.
These amendments to the Comprehensive Plan are necessary for "The
Wilds" to become a reality.
MOTION BY ROSETH, SECOND BY ARNOLD, TO ADOPT THE RURAL SERVICE
AREA POLICY AMENDMENT AND THE WATER RESOURCE MANAGEMENT PLAN
AMENDMENT OT THE COMPREHENSIVE PLAN AS PRESENTED.
Vote taken signified ayes by Roseth, ArnolC, and Loftus. MOTION
CARRIED.
MOTION BY ARNOLD, SECOND BY ROSETH, TO CLOSE THE PUBLIC MEETING.
Vote taken signified ayes by Arnold, Roseth and Loftus. MOTION
CARRIED. Meeting closed at 10:30 P.M.
MOTION BY ARNOLD, SECOND BY ROSETH, TO ADJOURN THE MEETING.
Vote taken signified axes by Arnold, Roseth, and Loftus. MOTION
CARRIED. Meeting adjourned at 10:32 P.M. Tapes of meeting on
file at City Hall.
Horst Graser Rita M. Schewe
Director of Planning Recording Secretary
OF PR1 \
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"RZ02P1"
SUBJECT: CONSIDER REZONING APPLICATION FOR JIM ALLEN
(WESTBURY PONDS)
APPLICANT: JIM ALLEN, ALLEN HOMES, 12433 PRINCETON AVENUE
SOUTH, SAVAGE, MN.
DATE: OCTOBER 1, 1992
INTRODUCTION:
W e purpose of this hearing is to consider an application to
rezone a 1.88 strip of land located within the site commonly
known as the "Simpkins Farm." The applicant requests that a 150'
x 500 foot strip of land be rezoned from C -1 Conservation to R -1
Urban Residential. The original rezoning application considered
by the Planning Commission on August 6, 1992, incorrectly
identified the strip of C -1, Conservation land located along the
west side yard line of the School District property, as R -3,
Multiple Residential zoned land. The hearing on August 6th was
valid because the legal description encompassed the entire
subject site, however because the notice did not specifically
call for the rezoning of the C -1 strip to R -1, it was necessary
to hold a second public hearing.
On September 8, 1992, the City Council approved a comprehensive
R amendment to change the Land Use Designation of the
"Simpkins Farm" from Medium to Low Density Residential. The City
Council instructed staff to schedule a separate public hearing to
rezone the C -1 strip of land that was inadvertently left out of
the original public notification. The City Council discussed the
relevance of the C -1 zoning classification for the strip of land.
There are no natural features on the subject site that would
warrant the C -1 designation. It is the opinion of staff that the
subject site should reflect an R -1 zoning designation to be
consistent with the low density residential land use recommended
by the Comprehensive Plan. The land characteristics are
identical to the adjacent land that was recommended to be rezoned
to R -1.
RECOMMENDATION:
The r� ecommendation from staff is to approve the application to
rezone the 1.88 acres of C -1, Conservation District propert to
R -1, Urban Residential. The rezoning would bring the subject
site into compliance with the Comprehensive Land Use plan
designation of Low Density Residential.
4629 Dakota St. S.E., Prior Cake, Minnesota 55372 / Ph. (612) 4474230 / Fax(612)447-4245
A EQUAL OPPORrUNMY EJ.IPiDYER
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PLANNING REPORT
SUBJECT: COMPREHENSIVE PLAN AMENDMENT AND REZONING
APPLICANT: WESTBURY DEVELOPMENT CORPORATION
PRESENTER: HORST W. GRASER, DIRECTOR OF PLANNING
PUBLIC HEARING: X YES NO
DATE: AUGUST 6, 1992
SITE ANALYSIS
INTRODUCTION•
Westbury Development Corporation has submitted an application for
a Comprehensive Plan Amendment and Rezoning for approximately 60
acres of vacant land in the Five Hawks neighborhood (see attached
maps for location). The 1981 Comprehensive Plan designates the
subject site as medium density residential with some natural open
space in the northeast corner of the site. The zoning of the
subject site is a combination of C -1, R -3, and B -3, which is
inconsistent with the comprehensive plan.
The applicant has actively summarized the facts and issues in the
application (attached) . The objective of the applicant is to
obtain the necessary amendments and develop a single family
neighborhood. A concept subdivision plan is attached for
purposes of reference only. Any discussion relative to
subdivision design should be deferred until the appropriate
hearing has been scheduled.
HISTORY /BACKGROUND
The 1981 Comprehensive Plan designated the subject site to medium
density residential as well as other vacant properties in the
Five Hawks and Spring Lake Willows neighborhoods. In 1981, the
Council rezoned the subject site to R -3 and B -3 (its current
zoning). The B -3 zone was modified via a contract with the
applicant and City. Development plans for the site were
prepared, however, the developer grossly misread the market for
R -3 and B -3 land and eventually went bankrupt leaving behind a
development plan that had little or no market and poorly
designed. The property had been assessed and was accruing
assessments and taxes which are now 7 or 8 years delinquent.
The 1981 Comprehensive Plan is a document that is generally
vague, lacks direction, and is outdated. Although the document
contains the required elements of long range planning, it lacks
the detail and specificity needed to guide development. A copy
of the 1981 plan is attached which describes the Five Hawks
neighborhood.
EXHIBIT E
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447 -4245
AN EQUAL OPPORrUNM E%1P:OYER
PHYSIOGRAPHY:
The composition of the property can be distinguished by two soil
categories. About 13 acres of marsh (DNR Type III Wetland) form
the northern border and gently sloping clay and loam encompass
the remainder of the site. Some steep slopes are present in the
transition area between the two categories. Considerable
overstory forms a vegetative ring around the marsh. The
remaining 47 acres are being cropped.
ADJACENT USES
The subject site is the largest vacant property in the Five
Hawks neighborhood and along the STH 13 strip. This large
remnant property borders a variety of different land uses leaving
One with the thought of a multiple use development. The site
borders STH 13 on the south by about 1600 feet. Five Hawks
Elementary School forms the east border. A 13 acre wetland is
the northern border with single family detached homes to the east
of the site. A single use development will require sensitive
innovative ideas to respect and mitigate the positive and
negative aspects of adjacent uses.
PLANNING CONSIDERATIONS
Every now and then opportunities appear that will resolve major
land use issues. This is one of those opportunities. It is
highly unlikely that the subject site with its current zoning,
subdivision requirements, contract zone, and size is developable
in the near future.
The market for R -3 land in Prior Lake is almost non - existent at
the present time. There are about 30 acres of R -3 zoning on the
site that can generate a total of 420 units. Altogether there
are only 340 apartment units in all of Prior Lake. The market
for attached single family units is equally flat and is expected
to remain flat.
It is doubtful that the 16 acres of restricted 8 -3 zone along STH
13 will find a market in the next 10 to 20 years. It is highly
likely that the County Road 83 corridor will develop into
community identifying gaming and recreational land uses with
supportive commercial. The street system, intersections and
parks currently in place to support the existing zoning are
inadequate and would require substantial upgrading to accommodate
demand. The systems impact of a low density development is
consistent with the infrastructure already in place and would not
T pressure on the community to prematurely fund
improvements.
Prior Lake's current Comprehensive Plan Draft calls for the
subject site to be designated medium density residential whi.ch
does permit both single and two family development at a reduced
lot size. The proposed designation is in part reflective of the
difficulty in downzoning. A low density designation is totally
consistent with the neighborhood and the level of infrastructure.
The effects of downzoning have been analyzed by the applicant on
pages 11 -14 of the application.
Attached to this report are several pages taken from the draft
Comprehensive Plan which reflect community goals and objectives.
In addition, greater detail is provided translating the general
goals and objectives into specific design criteria. The
applicant has been furnished with these pages to aid in the
design and development of the site.
RECOMMENDATION:
Low density 3evelopment is clearly the choice to complete the
development of the Five Hawks neighborhood. The residential
development between STH 13 and Prior Lake is predominantly single
family. It is prudent to continue this predominant pattern
rather than continue to plan for densities that have no market
share and are unpopular with neighborhood residents. Also Prior
Lake's supply of R -3 zoned and B -3 zoned is sufficient to meet
the needs of the next 10 -15 years.
The Zoning Code should be amended to reflect the change in land
use designation to be consistent with the Comprehensive Plan. It
should be noted that the approximate 13 acres of marsh will
remain as C -1 Conservation Zoning.
PRI \
NOTICE OF PUBLIC HEARING
FOR
REZONING
You are hereby notified that a public hearing will be held by the
Planning Commission in the Prior Lake Council Chambers at 4629
Dakota Street S.E. on: Thursday, October 1, 1992 at 7:30 p.m.,
to consider an application by Jim Allen of Allen Homes, to rezone
the following legally described property. The proposal is to
rezone approximately 1.88 acres of land from C -1 Conservation
District to R -1, Single Family Urban Residential.
LEGAL DESCRIPTION OF AREA OF C -1 TO BE REZONED TO R -1:
That part of the West Half of the Southwest Quarter of Section 2,
Township 114, Range 22, Scott County, Minnesota described as
follows:
Beginning at a point on the west line of said West Half of the
southwest Quarter distant 990.50 feet northerly of the southwest
corner; thence easterly at right angles to said west line a
distance of 150.78 feet; thence northerly parallel with said west
line a distance of 550.00 feet; thence westerly to a point on
said west line distant 535.02 feet northerly of the point of
beginning; thence southerly along said west line a distance of
535.02 feet to the point of beginning. (Containing 1.88 acres)
Or more commonly described as a 150 x 550 foot strip of land
located adjacent and contiguous to the west property line of Five
Hawks Elementary School and north of S.T.H. 13.
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.
ONE
Deborah Ann Garross
Assistant City Planner.
City of Prior Lake
To be published in the Prior Lake American on Monday September 21
and 28, 1992.
DATE MAILED: September 24, 1992
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fan (612) 447 -4245
M EQUAL OWORNMTY FD4WfER
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"HO02PC"
PLANNING REPORT
SUBJECT: HOME OCCUPATION
APPLICANT: JANIE GORMAN
SITE ADDRESS: 2972 SPRING LAKE ROAD
PRESENTER: SAM LUCAST, ASSOCIATE PLANNER
PUBLIC HEARING: YES X NO
DATE: OCTOBER 1, 1992
HISTORY /BACKGROUND
The Planning Department received an application for a Home
Occupation from San Juana "Janie" Gorman of 2972 Spring Lake
Road, Prior Lake. Ms. Gorman is currently operating a sewing
business. She became aware of the Home Occupation Permit process
when inquiring about a sign. She runs the business for
supplemental income.
PREVIOUS PROPOSALS:
T ere have bee n no previous proposals of this nature submitted by
Ms. Gorman.
ADJACENT USES:
Loca�Spring Lake Townsite, the subject site is surrounded
by single family zoning. The neighborhood is fully developed with
single family homes.
NEIGHBORHOOD ISSUES /IMPACT /CONCERNS
The neighborhoods residentia l in composition and includes the
photography studio of Marx Haas, which is a home occupation
granted by the Planning Commission in 1989. The proposed home
occupation is a sewing business used to supplement the
applicant's income. The proposed home occupation would not have
a flow of customers to the home but rather will serve as a
consulting business. Ms. Gorman receives phone calls from
potential customers then meets them at their residence to provide
estimates. Customers do not come to her home.
The basic premise of a home occupation is that the permit would
not be granted to an occupation which would disrupt the
neighborhood. Disruptive uses are prohibited and can have their
permit revoked. Incompatible uses are directed to the
appropriate business or commercial zones. Ms. Gorman has been
operating the business for about four years without complaints
filed at the City. She learned that a home occupation permit is
needed for her operation after she contacted the Planning
Department inquiring about signs. Staff encouraged her to apply
and proceed with the home occupation hearing process in order to
obtain a permit.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax(612)447-4245
AN EQUAL OPPODUNITY EMPLOYER
Stringent guidelines are placed on all applications per Section
6.8 Home Occupations, of the Zoning Ordinance. Employees must
be members of the family residing in the dwelling unit. One
unrelated employee is allowed. The Home occupation (HO) must be
carried on wholly within the principal or accessory structure,
with no exterior storage or signage. (However, a two (2) square
foot name plate sign is allowable.) The structure may not be
changed from its residential character. The HO shall not create
excessive traffic, objectionable noise, vibration, smoke, dust,
heat, glare, electrical disturbance, or odors. Lastly, articles
not produced on premises shall not be sold on premises, without a
specified permit.
The Planning Commission has previously granted HO permits to a
sound contractor a glass contractor, and a mobil locksmith.
They met the previously stated criteria and operate an "on call"
type of business. A phone call is made to request, in this case
an estimate, and the applicant goes to the customer. A small
office may be established at the residence to handle the paper
work and receive phone calls. Occasional deliveries are made to
the house, but most of the supplies are picked up and or
delivered by the applicant.
PROBLEMS /OPPORTUNITIES
Pro ems can occur ir the business deviates from the original
mission, or if it expands to a level which requires commercial
space. Periodic reviews by staff are conditions of approval in
several existing HO's. Complaints can trigger an inspection or
cause the permit to be revoked if deemed unsuitable by the
Planning Commission. Disruptive HO's will not be allowed to
continue.
The opportunity exists for the sewing business to continue as a
permitted Home Occupation without disrupting the neighborhood.
Had the applicant not contacted City Hall, for an unrelated
matter, there would have been no indication that the sewing
business existed.
RECOMMENDATION•
Staff recommen s approval of a sewing Home Occupation as outlined
by the applicant, contingent upon continually meeting the
conditions set forth in Section 6.8 Home Occupations, of the
Prior Lake Zoning Ordinance. The business will serve off site
customers, with the sewing done on the premises. Staff will
conduct an annual review of the home occupation permit which may
be brought back before the Planning Commission in the event that
the operation does not comply with the Zoning Code, conditions of
the permit or in the event that complaints are received as a
result of the sewing operation.
Ho 5A - 0C_
PIDO J5 - 133'04( .l
CITY OF PRIOR LAKE
APPLICATION FOR HCME OCCDPATION PERMIT
Applicant: "
Address: PAL J01
Hone Phone:_ &W va f ' Work Phone:
Property owner: r n
Address: 0 9 rz 5
Hone Phone: Work Phone:
Legal Description of Site: 10 9
Propety Identification Number (AID)
Nature and Size of Hone occupation: 5.w] /Poo.ri s x /6
Present Zoning: n / 5 r)
Reasons for Request: W /0'0ZdA/ f,,, rvm e
SUBMISSION REQUIREMENTS (A) Completed application form. (B) Filing Fee.
(C) Names and addresses of abutting property owners. (D) Parcel ID (PID) .
ONLY ODMPL6TE APPLICATIONS SHALL BE REVIEWED BY THE PLANNING COMMISSION.
To the best of my knowledge the information presented on this form is correct.
In addition, I have read Section 6.8 of the Prior Lake Zoning Ordinance which
specifies requirements for Hone Oecupations. I agree to provide information and
follow the procedures as outlined in the Ordinance.
21 M.✓,M�
//// C-- Appli is Signature
Sutmitted this (�� day of � 19-11 rs `iii „
Fee Owners Signature
THIS SPACE TO BE FILLED OUT BY THE PLANNING DIRECTOR
PLANNING COMMIaSION APPROVED DENIED HEARIN33 DATE
CITY COUNCIL APPEAL APPROVED D ENIED H EARING DATE
Conditions:
Signature of the Planning Director Date
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"HO02PN
NOTICE OF HEARING
FOR
HONE OCCUPATION
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
OCTOBER 1, 1992 at
7:45 P.M.
PURPOSE OF HEARING:
To consider
a home occupation permit
Janie
for a custom
sewing service,
°Janie
is Sewing
by San Juana,
Gorman.
SUBJECT SITE LOCATION: Lot 10 and the west 1/2 of Lot 11
Block 34, Spring Lake Townsite. The
address is 2972 Spring Lake Road.
REQUESTED ACTION: The applicant is requesting the
Planning Commission to grant a home
occupation permit for the above
mentioned business. The applicant
proposes to sew custom designed
products at her home, then deliver
them to the customer's residence or
place of business. The Prior Lake
Zoning Code requires that small
businesses, proposed within single
family homes, receive a home
occupation permit from the Prior
Lake Planning Commission. The
Planning Commission may attach
conditions of approval to the home
occupation permit, based upon the
nature of the proposed business and
neighborhood conditions.
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 NAZLED: September 25, 1992.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 44714230 / Fax (612) 447 -4245
AN EQUAL OPPORTUNRY EMPIDYER
MI
5 -5-9
6 -5-8: NOME OCCUPATIONS: Any home occupation such as art
studios, dressmaking, teaching or the professional office of
a physician, dentist, lawyer, engineer, architect or accountant, may be
permitted as an accessory use If It complies with the requirements of this
Section. The Prior Lake Planning Commission may Issue a home occu-
pation permit following a hearing for which abutting property owners have
been notified.
(A) The home occupation shall be carried on by a member of the
family residing In the dwelling unit with not more than one
employee who Is not part of the family.
(B) The home occupation shall be carried on wholly within the
principal or accessory structures.
(C) Exterior displays or signs other than those permitted under Section
5 -5 -4, exterior storage of materials and exterior Indication of the
home occupation or variation from the residential character of the
principal structure shall not be permitted.
(0) Objectionable noise, vibration, smoke, dust, electrical disturbance,
odors, heat or glare shall not be produced.
(E) Articles not produced on the premises shall not be sold on the
premises, without a specified permit.
(F) The home occupation shall not create excessive automobile traffic
within the neighborhood.
5 -5-9' located In RE4 Mix s
ed Code Residential D std tunder the
following conditions:
(A) Into Platted:
indiv o los e to which
old separate shaC all divided
r9-
quirementS of the e Cary for subdi as set forth In Title 6 of the
Prior Leke
(B) available for A rre t shall conform to Sectionw5 -5-11 tats will be made
(C) Installation: Approval of manufactured housing developments shall
be based upon Installation requirements which require an anchor-
Ing and support system as defined and approved by the Minnesota
191
� T
°SU07PRn
SUBJECT:
APPLICANT:
SITE ADDRESS:
PRESENTER:
PUBLIC HEARING:
DATE:
PLANNING REPORT
PRELIMINARY PLAT REVIEW OF WEST EDGE ESTATES
PHASE II 6 III
LOUIS L. STASSEN
INTERSECTION OF 170TH STREET & STH 13
HORST GRASER
X YES _NO
SITE ANALYSIS
HISTORY /BACKGROUND
T e s 7ec si contains 4 -8 acres of relatively flat land.
Four existing structures are currently located on the site which
at times is referred to as the Simpkens farm. Three outbuildings
and an older single family home are located in the eastern half
of the site which will have to be removed. The applicant also
developed the First Phase of West Edge Estates consisting of 16
units.
Mr. Stassen has proposed the Second and Third Phases to be
similar in both site design and architectural to the First Phase.
The 28 total townhouse units would be constructed over several
years. Elevations and floor plans were not submitted for
review.
PREVIOUS PROPOSALS
There were no previous applications for development on this site.
Although the applicant did discuss future phases at the time West
Edge Estates First Addition was platted.
PHYSIOGRAPHY:
The site slopes from the southeast to the northwest with about 10
feet relief. Very little overstory exists throughout the site.
Some volunteer growth of little value exists adjacent to the
outbuildings and property lines. Several large cedar and walnut
trees exist in the southeast corner of the site.
ADJACENT USES:
The 529 acen t property to the north and east is currently vacant.
However, Staff is working with a developer to plat single family
lots for the remainder of the unplatted property. A recent
comprehensive plan amendment has changed the land use designation
from medium to low density. Adjacent to the west is West Edge
First addition also developed by the applicant. To the south and
separated by County Road 12 (170th Street) is a small partially
developed commercial district.
4629 Dakota St. S.E.. Prior Lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 4474245
AN EQUAL OPPORNMPY EMPLOYER
NEIGHBORHOOD YSSUES/IMPACT CONCERNS
T e issue paramount 0 's p an s one of land use transition in
the north, east and south. The density to the north and east
will eventually be approximately 2 -5 units per acre versus the
subjects 6.5. A preliminary development plan does exist for the
vacant land to the north and east. It should of been shown as
part of this application. Buffering and screening is required
along the southern boundary but only half a berm is shown. The
attached planting plan is poorly devised and will not provide the
separation necessary for the end units to have a quality living
environment. Although the zoning ordinance only requires 25 feet
of setback along rear property lines, additional plantings along
the northwest property lines should also be introduced.
DEVELOPMENT SUMMARY:
T e compre ensive Plan and Zoning Ordinance are nor consistent
for the site. The zoning is R -3 and the Comprehensive Plan has a
designation of medium density. State law in such situations
dictates that the zoning ordinance prevails. The applicable
setbacks for the site are 25 feet rear, 10 feet side, and 85 feet
from the traveled centerline of County Road 12. Blocks 1, 2, 3,
4, and 6 are not in compliance with these standards.
The landscape plan does not adequately address the need for
separation from 170th Street and the commercial district to the
south. All internal roads are scheduled to be private and
without curb. The park dedication requirement is 108 cash or
land in lieu. The minimum lot size is 13,000 square feet with
300 feet on a public road. It can be argued that this proposal
does not have the required frontage 170th Street is a county road
with restricted access. The maximum coverage is 208 which is not
indicated on the plat. Parking requirements are two off - street
stalls per units.
DEVELOPMENT ANALYSIS
T e eve oper as submitted the majority of the information
required by the subdivision ordinance. A list of deficiencies
were conveyed to the consultant shortly after submittal and
publication of the hearing notice. The completeness of the
application was not verified due to the time constraint. The
application was published based on a complete submittal or that
additional information would be furnished on a timely basis. The
reports form public works, parks, building, and inspections were
not available for review and inclusion in this report.
RECOMMENDATION
Since a complete application is not available for review and
applicable If reports are not available, a continuation of
this item is appropriate. A site analysis and review should
occur to give direction to the applicant for additional
submittals.
SU
PID - C } o'
SEP :,`32
Subdivider:
Address: _
Agent: _
Address: _
Name of Surveyor:
Name of Engineer:
CATION FOR THE SUBDIVISION OF LAND
WITHIN THE CITY OF PRIOR LAKE
Phone: VV7- - ,25 70
Phone:
Legal Description of Property: s A s
Present Zoning: 3 Property Acreage: A& AW'�
Deed Restrictions: No _�L- Yes If so, please attach.
Has the Applicant previously sought to plat, rezone, obtain a variance or
conditional use permit on the subject site or any part of it:
No_._ Yes_ What was requested:
I have read the Prior Lake Sibdivision Ordinance and agree to provide the
information and do the p work in accordance with the provisions of the ordinance.
Pe
Pf4pAcants Signature Date
-is�92
Fee OmeOb Signature 47 Date
THIS SECTION M BE FILLED IN BY THE PLANNING DIRBCIOR
PLANNING G"IISSION _APPROVED _DENIED DATE OF HEARING
CITY COUNCIL _APPROVED _DMED DATE OF HEARING
CONDITIONS• -
Signature of the Planning Dir -ctor
Date
�F PReo\
fo
v i
NOTICE OF SUBDIVISION 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, October 1, 1992 at 8:00 P.M.
The purpose of the hearing is to consider the subdivision of
approximately 4.8 acres of R -3 zoned land into 28 townhouse
units. The property is legally described as follows:
LEGAL DESCRIPTION:
That part of the south 390.00 feet of the west 820.00 feet of
the Southeast Quarter of the Southeast Quarter of Section 3,
Township 114, Range 22, Scott County, Minnesota lying east of
the plat of WESTEDGE ESTATES, Scott County, Minnesota.
or more commonly described as: approximately 4.8 acres of land
directly northwest of the intersection of 170th Street and STH
13. The property is developed with two farm style out - buildings
and a single family home. The property has been posted with a
sign visible from 170th Street informing the public of a proposed
subdivision.
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.
Horst Gra r
Director f Planning
To be published in the Prior Lake American on September 21, and
September 28, 1992.
DATE MAILED: SEP MMEB 24. 1992
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 447 -4245
AN EQUAL OFFOKrUNrrY ENPLOYF
PRELIMINARY PLAT OF
WESTEDGE ESTATES
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PRELIMINARY GRADING, DRAINAGE';
WEST EDGE ESTATES/
OSION CONTROL PLAN OF
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COMMUNITY
1991
REGULAR PLANNING COMMISSION MEETING
AGEt�1
OCTOBER 15, 1992
7:30 P.M.
CALL TO ORDER
7:30 P.M.
REVIEW MINUTES OF PREVIOUS MEETING
7:35 P.M.
NEARING VARIANCE
7:45 P.M.
HEARING VARIANCE
6:00 P.M.
HEARING VARIANCE
8:15 P.M.
HEARING VARIANCE
* 8:30 P.M.
PUBLIC HEARING WFSTEDGE ESTATES
2ND 8 310 AMN.
8:45 P.M.
DISCUSSION CONSIDER FINDINGS
HAROW BOHLEN
9:00 P.M.
VARIANCE
RODEGAIIIZE PLANNING CMUSSION
* Indicates a Public Hearing
GERALD SULLIVAN
LARRY HE[OM
JOANEITE KOENIG
MARK SIEDN
LOUIS SUMM
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) 4474230 / Fax (612) 4479245
OF PRIO�
a.
PLANNING COMMISSION
MINUTES
OCTOBER 1, 1992
The October 1, 1992, Planning Commission Meeting was called to
order by Chairman Loftus at 7:30 P.M. Those present were
Commissioners Roseth, Arnold, Loftus, and Wuellner, Director of
Planning Horst Graser, Assistant City Planner Garross, and
Associate Planner Sam Lucast. Commissioner Allen Greenfield was
absent.
ITEM I - REVIEW MINUTES OF PREVIOUS MEETING
Corrections to the minutes were as follows:
Page on:, line two; meeting was called to order by Acting
Chairman "Arnold ".
Page two, paragraph two under motion, line six; significant
trees and substantially "alter" not "alts ".
MOTION BY ROS£TH, SECOND BY ARNOLD, TO APPROVE THE MINUTES AS
CORRECTED.
Vote taken signified ayes by Roseth, Arnold, and Loftus. MOTION
CARRIED. Commissioner Wuellner abstained as he was not in
attendance at the previous meeting.
ITEM II - JIM ALLEN - PUBLIC HEARING - WESTBURY PONDS REZONING
PP ICATI0
The Public Hearing was called to order by Chairman Loftus at 7:30
P.M. The public was in attendance.
Assistant City Planner Garross updated the Commissioners on the
application.
Vonnie McWilliams, 3880 Pershing Street SW, wanted to know the
reason for the change of zoning.
Michelle Lein, 3852 Pershing Street SW, had concerns over runoff,
aesthetics, why the change of zoning, school playground space,
and feels a change is not necessary that there are other
options.
Assistant City Planner Garross presented the information as per
memo of October 1 1992. The purpose of this hearing is to
consider an application to rezone a 1.88 strip of land located
4629 Dakota St. S.E., Prior fake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447 -4245
AN EQUAL OPPORTUNITY FF1 WYER
PLANNING COMMISSION MEETING MINUTES OCTOBER 1, 1992 PAGE 2
within the site commonly knawn as the "Simpkins Farm ". The
applicant requests that 150' x 550• strip of land be rezoned from
C -1 Conservation to R -1 Urban Residential. The original rezoning
application considered by the Planning Commission on August 6,
1992, incorrectly identified the strip of C -1 Conservation land
located along the west side yard line of the School District
property, as R -3, Multiple Residential zoned land. The hearing
on August 6 was valid because the legal description encompassed
the entire subject site, however because the notice did not
specifically call for the rezoning of the C -1 strip to R -1, it
was necessary to hold a second hearing.
On September 8, 7.992, the City Council approved a Comprehensive
Plan Amendment to change the Land Use Designation of the
"Simpkins Farm" from Medium to Low Density Residential. The City
Council instructed staff to schedule a separate Public Hearing to
rezone the C -1 strip of land that was inadvertently left out of
the original public notification. The City Council discussed the
relevance of the C -1 zoning classification for the strip of land.
There are no natural features on the subject site that would
warrant the C -1 designation. It is the oiinion of staff that the
subject site should reflect an R -1 zoning designation to be
consistent with the low density rasidential land use
recommended by the Comprehensive Plan. The land characteristics
are identical to the adjacent land that was recommended to be
rezoned to R -1. The Metropolitan Council requires the City
follow certain standards, called National Urban Runoff Standards,
or Best Management Practices, the City just adopted those in our
Comprehensive Plan Amendment. Whatever is constructed on this
site will have to meet the criteria established.
Staff recommends approving this application to rezone the 1.88
acres of C -1, Conservation District property to R -1, Urban
Residential. The rezoning would bring the subject site into
compliance with the Comprehensive Land Use plan designation of
Low Density Residential.
Comments from the Commissioners were: water quality potential
improvement, questioned reason for C -1 District, concept plat
impact on the C -1 District, possible residential encroachment on
ponding area and design of the preliminary plat.
At 8:00 p.m. it was the consensus of the Commission to move the
Public Hearing for Westedge Estates to the foot of the agenda.
MOTION BY LOFTUS, SECOND BY ARNOLD, TO APPROVE JIM ALLEN'S
APPLICATION FOR REZONING WESTBURY PONDS THE 1.88 ACRES OF C -1 TO
R -1 URBAN RESIDENTIAL, SINCE THE REZONING WOULD BRING THE SUBJECT
SITE INTO COMPLIANCE WITH THE COMPREHENSIVE LAND USE PLAN
DESIGNATION OF LOW DENSITY RESIDENTIAL.
PLANNING COMMISSION MEETING MINUTES OCTOBER 1, 1992 PAGE 3
Vote taken signified ayes by Arnold, Roseth, Wuellner, and
Loftus. MOTION CARRIED.
MOTION BY ARNOLD, SECOND BY ROSETH, TO CLOSE THE PUBLIC HEARING.
Vote taken signified ayes by Arnold, Roseth, Wuellner, and
Loftus. MOTION CARRIED. Public Hearing closed at 8:15 P.M.
ITEM II - SAN JAUNA GORMAN - HOME OCCUPATION
San Jauna "Janie" Gorman, 2972 Spring Lake Road, stated that she
has been doing sewing for 4 years, would like to continue sewing
for people and wants a Home Occupation Permit. She did not know
she needed a Home Occupation permit until she spoke to staff
regarding a sign permit. She is not requesting signage at this
time.
Associate Planner, Sam Lucast presented the information as per
memo of October 1, 1992. The applicant has been operating a
sewing business with no complaints filed with the Planning
Department. The neighborhood is fully developed with single
family homes. The proposed Home Occupation is used to supplement
the applicant's income. The proposed Home Occupation would not
have a flow of customers to the home but rather will serve as a
consulting business. Stringent guidelines are placed on all
applications per Section 6.8 Home Occupations, of the Zoning
Ordinance. Staff recommends approval of a sewing Home Occupation
as outlined by the applicant, contingent upon continually meeting
the conditions set forth in Section 6.8 Home Occupations, of the
Prior Lake Zoning Ordinance. The business will serve off site
customers, with the sewing done on the premises. Staff will
conduct an annual review of the home occupation permit which may
be brought back before the Planning Commission in the event that
the operation does not comply with the Zoning Code, conditions of
the permit or in the event that complaints are received as a
result of the sewing operation.
Comments from the Commissioners were on signage and type of
sewing done by the applicant.
MOTION BY ARNOLD, SECOND BY WUELLNER, TO APPROVE A HOME
OCCUPATION PERMIT FOR 2972 SPRING LAKE ROAD CONTINGENT ON THE
CONDITIONS OF SECTION 6.8 HOME OCCUPATIONS OF THE PRIOR LAKE
ZONING ORDINANCE AND OUTLINED BY SAM LUCAST IN HIS MEMO DATED
OCTOBER 1, 1992.
Vote taken signified ayes by Arnold, Roseth, Wuellner, and
Loftus. MOTION CARRIED.
PLANNING COMMISSION MEETING MINUTES OCTOBER 1, 1992 PAGE 4
ITEM III - PUBLIC HEARING - WESTEDGE ESTATES _PHASE II & III
The Public Hearing was called to order by Chairman Loftus at 8:25
P.M. The public was not in attendance.
A sign up sheet was circulated for attendance.
Louis Stassen, 16617 Creekside Circle, Prior Lake MN the builder
and developer of Westedge Estates stated that he Is proposing a
subdivision to include Westedge Phase II and III in addition to
the existing townhouse project. Mr. Stassen stated that they
have been working with staff and some minor items will be
resolved before this goes to Council. These items are in regards
to new setbacks from County Road 12, it is now 85 feet. They will
be requesting a variance. The project is further to the north
from County Road 12 with the new building. The building designs
are similar to the first phase of Westedge Estates but are 8 feet
longer. The proposed buildings are slab on grade and all one
story.
Horst Graser presented the information as per memo of October 1,
1992. The request tonight is for Preliminary Plat approval for
Westedge Estates Phase II or III. The proposal is to plat the
entire remaining property into four unit townhomes, similar to
the first phase.
The staff concerns relative to the proposal relate to an
incomplete application, the density of the development and the
need to encroach upon required setbacks in order to accommodate
the number of units proposed, the setback proposed from the
"private drive" to adjacent units is deficient consisting of
less than 10 feet, the landscaping plan is deficient and will not
produce the needed screening between the units and 170th street
nor between individual units of each subsequent phase, issues of
whether the property is a lot of record considering that there is
no access from a public road, concern about connecting 170th
Street and a proposed public road within the plat of Westbury
Ponds with a private road system, impact of future realignment of
roadways, including the intersection of 170th Street and S.T.H.
13, difficulty of assigning addresses to the proposed units
because the development does not fit the 911 Emergency Services
Name and Numbering System, traffic, zoning considerations,
connecting neighborhoods, and utilities. The City Engineer has
reviewed the available materials and determined that minor
changes to the plat could be accomplished with cooperation of the
developer.
Staff recommends that the item be continued to a time when a
complete application is submitted including housing elements and
other deficiencies. In addition, the applicant should seek the
assistance of a registered landscape architect to develop a
planting program that provides better screening and buffer for
PLANNING COMMISSION MEETING MINUTES OCTOBER, 1, 1992 PAGE 5
units within the development the adjacent business district and
street systems.
The 20 foot setback shown should be a 25 foot setback between the
north lot line and the units. Screening should be introduced
between units and the plant materials should be appropriate for
the intended purpose. For instance, the plan calls for spruce
trees adjacent to the private drive however, there is
insufficient space and the trees will eventually protrude into
the driveway. A better selection might be deciduous overstory
such as Maple, Ash or Linden. The landscaping program should be
designed to introduce better quality and lifestyle for the future
residents of the subdivision. Staff is concerned that parking
could be a problem because there are no plans for overflow
parking. Parks Director, Bill Mangan has reviewed the park
dedication requirement and recommends a fee of $3,120.00, the
City Engineer reviewed the application and found the overall
utility and grading plan acceptable except for some minor
changes, the City Building Official has requested that during the
grading specific erosion control measures be taken.
At this time public input was taken.
Daniel Stam, 16828 Willow Lane, had concerns regarding the time
schedule meshing with Westbury Ponds construction, streets lining
up, speed bumps should be put in for speeding through a
residential area, and the sign for Westedge should be removed and
cleaned up or a new one put up.
Comments from the Commissioners concurred with staff's concerns
with: landscaping, private /public drive, utility plan, drainage,
density, setbacks, street delineation, trail system, parking,
curb /gutter, roadway, traffic circulation, snow removal, and
requested the applicant to submit a complete application per
standards.
Louie Stassen commented on some of the concerns and will work
with staff to submit a complete application.
MOTION BY WUELLNER, SECOND BY ROSETH, TO CONTINUE THE PUBLIC
HEARING FOR PRELIMINARY PLAT APPROVAL FOR WESTEDGE ESTATES PHASE
II AND III TO OCTOBER 15, 1992 AT 8:30 P.M. SO THE APPLICANT CAN
SUBMIT A COMPLETE APPLICATION.
Vote taken ayes by Arnold, Roseth, Loftus, and Wuellner. THE
MOTION CARRIED.
MOTION BY ARNOLD, SECOND BY ROSETH, TO ADJOURN THE MEETING.
Vote taken signified ayes by Arnold, Roseth, Wuellner, and
Loftus. MOTION CARRIED. Meeting adjourned at 9:35 P.M. Tapes
of meeting on file at City Hall.
Horst Graser Angie Jaspers
Director of Planning Recording Secretary
PR /
"VA31PC"
SUBJECT:
APPLICANT:
SITE ADDRESS:
PRESENTER:
PUBLIC HEARING:
DATE:
PLANNING REPORT
SIDE YARD VARIANCE
GERALD M. SULLIVAN
16067 NORTHWOOD ROAD
DEB GARROSS, ASSISTANT
YES X NO
OCTOBER 15, 1592
CITY PLANNER
HISTORY /BACKGROUND
The Planning Department received an application for variance from
Gerald M. Sullivan of 16063 Northwood Road. The request is to
consider a 5' west side yard variance for Lot 101, Northwood in
order to construct a detached garage as proposed on the attached
survey.
PREVIOUS PROPOSALS
There are no permit files on record with the Planning Department
for the subject site. Scott County records indicate that the
existing house was built in 1948. The Northwood plat was later
annexed into the City of Prior Lake in 1975. The existing home
is located approximately 1 from the westerly property line and
6.3 feet from the easterly property line. Because the structure
was built prior to annexation into the City, it is considered to
have legal - nonconforming setbacks. There is a garage on the lake
side of the home, however there is no access to it from Northwood
Road. The survey indicates that there is a 5 "Building
Maintenance Easement" adjacent to the west side of the home,
however there are no provisions for driveway access over either
adjacent lot to access the existing garage.
PHYSIOGRAPHY:
The subject is a lot of record that is approximately 50 feet
wide by 418 feet deep. The lot slopes toward Prior Lake and
contains several mature trees. There is also a shared driveway
access that provides egress and ingress to adjacent Lots 100 and
102.
ADJACENT USES:
Lot 103 is with a single family home. Lot 100 was
recently granted lot width and side yard setback variances in
order to construct a new single family home. The property north
of the subject site is vacant.
DEVELOPMENT SUMMARY:
The subject site is zoned R -1, Urban Residential and S -D,
Shoreland District. The required side yard setback is 10 feet.
4629 Dakota St. S.E., Prior lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447 -4245
M EQU/ OPPOxrUNf1Y EWWD
The Planning commission granted a 3.1' side yard variance to
adjacent lot 100 on August 20, 1992. The site does contain an
attached garage, however, there is no access driveway access to
it, which renders the garage useless for vehicle parking. It is
the intent of the applicant to remove the existing garage in the
event that the proposed variance is approved.
RECOMMENDATION:
The recommen ation from staff is to approve the 5' west side yard
variance as requested. The subject site is a substandard lot of
record containinq approximately 50' of lot width. The existing,
legal - nonconforming house is located approximately 1' from the
west property line. The proposed garage is of minimum size and
is proposed to be setback 5 feet, or a greater distance than the
existing legal- nonconforming structure. The Planning Commission
has tended to find absence of a garage as a hardship for granting
a variance. In this case, although there is a garage, it is
inaccessible because there is no driveway. For all practical
purposes, there is no garage on the site that can be used for
vehicle parking.
The hardship in this case is not the result of the City of Prior
Lake nor the applicant. The existing structure was built prior
to annexation into the City of Prior Lake. The proposed garage
will be located further from the side yard property line than the
existing home. There is precedent to grant one five foot side
yard variance within this subdivision and other substandard lots
that were platted prior to annexation to the City of Prior Lake.
The variance observes the spirit and intent of the Ordinance and
would not be detrimental to the health and welfare of the
neighborhood.
Existing Use
of Property: Q S , <2e A/T /a I Present Zoning: o/
Legal Description
of Variance Site: Lo T jv I /�o /'7'ti Lvn✓ d
Variance Requested: S „e t C/ e li d
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: 8 y l /d n ero -.c.� GaFccy>
SUBMISSION REQUIREMENT :
(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 a 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 ACCEPTED AND RWIVAED BY THE PLANNING COMMISSION.
To the best of my knowledge the information presented on this form is correct. In
addition, I have read Section 7.6 of the Prior Lake Zoning Ordinance which specifies
requirements for variance procedures. I agree to provide information and follow the
procedures as outlined in the Ordinance.
Submitted this '�-)- day of S-( //T 19 �1 j �icants Signature
Fee Owners Signature
THIS SPACE IS TO BE FILLED OUT BY THE PLANNING DIRECTOR
PLANNING COtM1ISSION _ APPROVED _ DENIED LATE OF HEARING
CITY COUNCIL APPEAL AMMED DENIED DATE OF HEARING
CONDITIONS:
Signature of the Planning Director
VA- 3I
P,
b' 21 : 1 1 /1'
CITY OF PRIOR LAKE
APPLICATION FOR VARIANCE
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Applicant:_ (re -0J
M Va Al
Bane Phone
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Address: o ;
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Work Phone
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Property Owner Q /d
game Phone
v y7 Tr
Address: 40o') /Voh7
Work Phone:
yr7 a1)3
Type of Ownership: Fee
Contract
Purchase Agreement
Consultant /Contractor:
P hone:
Existing Use
of Property: Q S , <2e A/T /a I Present Zoning: o/
Legal Description
of Variance Site: Lo T jv I /�o /'7'ti Lvn✓ d
Variance Requested: S „e t C/ e li d
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: 8 y l /d n ero -.c.� GaFccy>
SUBMISSION REQUIREMENT :
(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 a 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 ACCEPTED AND RWIVAED BY THE PLANNING COMMISSION.
To the best of my knowledge the information presented on this form is correct. In
addition, I have read Section 7.6 of the Prior Lake Zoning Ordinance which specifies
requirements for variance procedures. I agree to provide information and follow the
procedures as outlined in the Ordinance.
Submitted this '�-)- day of S-( //T 19 �1 j �icants Signature
Fee Owners Signature
THIS SPACE IS TO BE FILLED OUT BY THE PLANNING DIRECTOR
PLANNING COtM1ISSION _ APPROVED _ DENIED LATE OF HEARING
CITY COUNCIL APPEAL AMMED DENIED DATE OF HEARING
CONDITIONS:
Signature of the Planning Director
VARIANCE SURVEY PREPARED FOR
JERRY SULLIVAN
16063 NORTNKD00 ROAD
PRIOR LAKE. MN 553]1
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PROPOSED 5' WEST
SIDE YARD VARIANCE
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SUITE 120 -C. FRAM M TRAIL OFFICE CONDOMNNM
16670 FRANKLIN TRAIL S.E.
PRIOR LAKE, MINNESOTA 35372
TELEPHONE (612)47 -25M
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"VA31PN"
NOTICE OF HEARING
FOR
A PROPOSED SIDE YARD 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, OCTOBER 15, 1992 at
PURPOSE OF HEARING:
To consider a variance
Mr. Gerald Sullivan of
Road, Prior Lake.
SUBJECT SITE LOCATION:
16067 Northwood Road.
Lot 101, Northwood.
P.M.
application for
16063 Northwood
REQUESTED ACTION:
The applicant proposes to remove an
existing garage that is located on the
southwest side of the existing house and
construct a new detached 22 x 24 garage
as indicated on the attached survey
reduction. The Prior Lake Zoning
Ordinance requires that structures be
located SO feet from side yard property
lines. The applicant proposes to locate
the detached garage five feet from the
west property line and is therefore
requesting the Planning Commission to
approve a five foot west side yard
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: October 8, 1992
4629 Dakota St. S.E., Prior take, Minnesota 55372 / Ph. (612) 447-}230 / Fax(612)447-4245
M EQUAL OPPOKnRM EFflLDYER
PRr
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11 VA29 PC
PLANNING REPORT
SUBJECT: VARIANCE
APPLICANT: LAWRENCE HENNEN
SITE ADDRESS: 16525 NORTHWOOD ROAD
PRESENTER: SAM LUCAST, ASSOCIATE PLANNER
PUBLIC HEARING: _YES X NO
DATE:
SITE ANALYSIS
HISTORY /BACKGROUND
The Planning Department received an application for variance from
Lawrence Hennen to construct a single family dwelling on Lot 44
Northwood, abutting his existing home. The subject site is a
substandard fifty (50) foot wide, 10,435 square foot lot in the
Northwood Addition. The proposed building plans are nearly
identical to those submitted in VA 92 -13 for Harold Delwo, also
on a fifty (50) foot wide lot. The Planning Commission granted
the same five (5) and three (3) foot side yard variances. There
are however different circumstances associated with this
particular application. The applicant is requesting variances of
five feet and north
four (4) on (
lotcoverage ratio.
PREVIOUS PROPOSALS:
T e app scant has no previous proposals on record at City Hall
for the subject site.
PHYSIOGRAPHY:
The su sect site contains rolling topography, lakeshore, and
significant oak and elm trees. The lowest elevation on the lot
abuts the lakeshore. Moving to the southwest from the shore, the
lot gains elevation, levels out, and begins to lose elevation as
it approaches Northwood Road. The existing slope lends itself
nicely to the construction of a walkout type structure. The
house is ideally situated to preserve trees and make use of the
existing grade. A very significant oak tree is located south
southwest of the proposed house. Moving the house toward the
southerly property line endangers the oak, and moving it toward
the lake looses the slope of the existing natural grade.
The submitted drainage plan indicates drainage will flow to the
street and lake without creating significant problems.
ADJACENT USES:
TheThe subject site is adjacent to single family residential zoning.
The applicant resides In the abutting house to the south. A
conservation district is located across Northwood Road.
4629 Dakota St. SE., Prior lake, Minnesota 55372 I Ph. (612) 4474230 IF Fax(612)447-4245
AN EQUAL OPPORTUNITY EMP]LOYER
EXISTING CONDITIONS:
The lot is currently vacant, but located between two existing
single family dwellings. It is maintained and mowed by the
applicant who lives next door. Large oak and elm trees dot the
front yard, but the rear yard is virtually treeless. The
proposed driveway is positioned to preserve as many of the trees
as possible. Northwood Road may not be located correctly within
its Right -of -Way. As of the date of publication, the Engineering
Department was researching the subject. The location would not
directly affect any of the requested variances.
NEIGHBORHOOD ISSUES /IMPACT /CONCERNS
The applicant is participatin�he variance process to avoid
possibly combining the vacant lot with his existing abutting lot.
The lot is owned by the applicants wife. Shoreland Management
Ordinance regulations may require the combination of substandard
lots if they are contiguous and in common ownership. The
Ordinance has not yet been adopted, but must be adopted by
January 1993. Speculation exists as to whether or not the
separate ownership clause will be part of the final document.
The city Council has rejected previous attempts to require
substandard lots to be combined. They must only be in separate
ownership at the time of building permit application.
Variances are evaluated on an individual basis considering
hardship as a primary factor. Also included in the criteria are
past precedent and neighborhood consistency. There is no record
of a variance of this magnitude being granted in the Northwood
subdivision for a lot shaped like this one. In the Butternut
Circle area there were variances granted for both side yards in
excess of five f5) total feet, but the lots were pie shaped and
restricted by width at the street and proximity to the lakeshore.
This lot has neither of those restrictions.
Pat Lynch of the Minnesota Department of Natural Resources
reviewed the development proposal and did not have any objections
to the plan. He commented via telephone to Assistant Planner Deb
Garross on October 6, 1992.
RECOMMENDATION•
In view of ac ing the previous precedents for the neighborhood,
having an easily developable lot without steep slopes or
overstory considerations, and no hardship other than the
substandard width lot, staff recommends denial of the three (3)
foot southerly side yard variance. However, staff recommends
approval of the requested five (5) foot northerly side yard
variance and four (4) percent lot coverage ratio variance as
requested. The reduced width of the structure will not
significantly impact the lot coverage amount. The
recommendation to approve the northerly side yard setback and
the coverage ratio meet the spirit and intent of the ordinance.
They are not detrimental to the health, safety, and welfare of
the community.
VA --
PIDi a s- i-oi- odc -o
Applicants 0 Home Phone:
Address:_. Work Phone:
Property Home Phone: 5'Y7- XO 3�
Address: f • C• Work Phone: YY7 -oL03.F
Type of Ownership: F ee_ Contract Purchase Agreement
Consultant /Contractor: Phone:
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 irWrovements proposed: ro'GLLo a /-
SUMISSION REOUIRFMEtdTS ✓ I----
(A)Completed application form. (B)Fi ee. (C)Property Survey. (D)Certified from
abstract firm, Mime's., and pr_oper_ty� within 1 10 �tFe
exterior boundaries of the subject propert" y �E)Complete legal description a
Property I e Gification - 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 REVIUAM 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 tPrcvide info�ion apd follow the
procedures as outlined in the Ordinance. -7
Submitted this �i day of
THIS SPACE IS TD BE FILLED OUT BY THE PLANNING DIRECIOR
PLANNING CODIDIISSION _ APPROVED . DENIM DATE OF HEARING
CITY COUNCIL APPEAL _ APPROVED DENIED DATE OF HEARING
CONDITIONS:
Signature of the Planning Director Date
Variance Requested: 5 �V S i .(� 3 '5 5 • -le 9 %
SURVEY PREPARED FOR
LARRY H£NNEN
;6525 NORTHWOOD ROAD
PRIOR LAKE, MN 55772
Valley Surveying Co.. PA
SUITE 120 -C , 16670 FRANKLIN TRAIL
FRANKLIN TRAIL OFFICE CONDOMINIUM
PRIOR LAKE, MINNESOTA 55372
TELEPHONE (612) 447 -2570
PRIOR LAKE
9110192
EL. 902.0
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DESCNIP'TION:
Lot 44, NORTHWOOD, Scott County, Minneeots. Also shoeing the location of the
II proposed house ae staked this 10th day of September 1992.
NOTES'
Benuhsark Elevation: 910.00 top of 1'x2" wood hub on the ae'ly lot line
ea shown on the survey drawing.
919.9 Denotes existing grade elevation
921).5_1 Denotes proposed finished grade elevations
+-- Denotes proposed direction of finished drainage
Set the garage slab at elevation 920.67
Set the too of hlnek wt. o1.. —+A— 091.00
/CJ10 IVVIY IIfWWU M U
PRIOR LAKE, MN. 55372
/
i
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ew ez /
PRIOR LAKE , M N
TELEPHONE (612) 447 -2570
PRIOR LAKE
9/10
EL 902.0
/ 45
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DESCRIPPION:
Lot 44, NORT'HWOOD, Scott County, Minnesota. Also shoeing the location of the
II I ^VV proposed house as staked this 10th day of September 1992.
NOTES'
Benchmark Elevation: 910.00 top of 1'x2" Wood hub on the Belly lot line
ae shown on the survey drawing.
919.9 Denotes existing grade elevation
. 920.5 , Denote- proposed finished grade elevations
+--- Denotes proposed direction of finished drainage
Set the garage Bleb at elevation 920.67
Set the top of block at elevation 921.00
The basement floor in at elevation 912.67
M1kv. 9 /2J/92 Te [Mqe OMe,pylmlM B
o ao so Total lot area above el. 904 = 10,435 eq. Pt. newfw Paarf.
SCALE IN FEET
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FAE Na )106 BOOK 192 PAGE 4
O� 1'R /O�
"VA29PN"
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 OCTOBER 15, 1 992 at 7:45 P.M.
PURPOSE OF HEARING: To consider a variance application
from Lawrence Hennen of 16525
Northwood Road.
SUBJECT SITE LOCATION: The subject site is Lot 44 Northwood
or more commonly known as the vacant
lot between 16525 and 16499
Northwood Road.
REQUESTED ACTION: The applicant is requesting the
Planning Commission to grant a five
(5) foot north side yard, three (3)
foot south side yard, and a four (4)
percent lot coverage variance.
Side yard setbacks require buildings
to be set back ten (10) feet from
the side property lines. The
applicant is requesting a variance
to build five (5) feet from the
north side lot line and seven (7)
feet from the south side lot line.
Impervious surface coverage is
limited to thirty (30) percent in
the Shoreland District. The
aTp1icant is covering 34% of the lot
with impervious surface and is
requesting the four (4) percent
variance to exceed the coverage
amount.
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 9, 1992
4629 Dakota St. S.E., Prior lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax(612)447-4245
AN EQUAL OPPORrU EWLOY
Y PRIfJ
r
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"VA30PC"
PLANNING REPORT
SUBJECT: SIDE & FRONT YARD VARIANCE
APPLICANT: JEANETTE KOENIG
SITE ADDRESS: 3821 GREEN HEIGHTS TRAIL
PRESENTER: DEB GARROSS, ASSISTANT CITY PLANNEF.-
PUBLIC HEARING: YES X NO
DATE: OCTOBER 15, 1992
HISTORY BACKGROUND
TnP anning Department received a variance application from
Jeanette Koenig of 3821 Green Heights Trail to consider a 7 west
side and 5' south front yard variance. See attached materials
for reference to this item. The subject site is Lot 15, Green
Heights. A home constructed in 1955 is located on the site. The
applicant proposes to construct a 24' x 30' detached garage as
proposed on the attached survey.
PREVIOUS PROPOSALS:
In Sep a er 1991, the Planning Commission denied a lot area and
coverage variance for adjacent Lot 16. At that time, both lots
were commonly owned by one individual. It was his request to
separate the two substandard lots and build a single family home
on Lot 16. The Planning Commission denied the variance request
because the substandard lots were under common ownership and the
opportunity existed to develop the property compliant with
requirements of the Ordinance. See attached agenda report dated
September 5, 1992 for details of the previous application.
PHYSIOGRAPHY:
TheThe suliject site is located within a neighborhood that was
subdivided in 1928 into small lots, by current zoning standards.
The roads, drives, walks and waterfront are dedicated to the
property owners within the plat therefore Green Heights Trail and
Roosevelt Streets are private roads. The streets are not
improved and consist of gravel roads. As such, there are no
formal means to control drainage such as curb, gutter nor storm
sewers. As with any construction within this neighborhood,
drainage is a most critical issue. The site slopes from south to
north. Surface water drains from the site in a northerly
direction to Green heights Trail then westerly over adjacent
properties to Prior Lake.
ADJACENT USES:
Adjacent Lot 16 is vacant. The remaining neighborhood is
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax(612)447-4245
AN EQUAL OPPOKTUM EMPLOYER
virtually fully developed with a mixture of single family homes
and older cabins, built at various setbacks.
PLANNING CONSIDERATIONS :
T e su _Jett site is zoned R -1, Urban Residential and S -D,
Shoreland District. The required side yard setback is 10 feet,
the required front yard setback is 25 feet. The applicant
proposes to located the 24x30' garage three feet from the side
yard and 20 feet from the front yard and has therefore requested
a 7' side yard and 5' front yard variance. The lot coverage with
the proposed garage approximates 278. The maximum lot coverage
permitted '.iy the Zoning Code is 308 therefore, the proposal does
not require a lot coverage variance.
The applicant proposes to locate the garage as shown in order to
preserve a large oak tree located in the southeast corner of the
lot. The total lot area is 6,834 square feet with a lot width of
55 feet. A standard size lot consists of 10,000 square feet with
80 feet of width. There is currently no garage on site
therefore, a hardship exists with respect to the substandard lot
of record and precedent of the Planning Commission to consider no
garage as a hardship condition. In addition, the existing house
encroaches over the common lot line. The home is considered to
have a legal - nonconforming setback because the structure was
built prior to annexation into Prior Lake.
Staff is concerned that drainage issues are Paramount in this
neighborhood. The standard side yard drainage and utility
easement required within new subdivisions is 5', located on each
side of a common side yard lot line. Building Official, Gary
Staber recommends that the maximum variance on the side yard
should be 5' in order to allow space, on site, to provide
drainage. The Planning Commission has established a clear
precedent in the past to consider up to one 5' side yard variance
for a substandard lot. Staff is of the opinion that the lot is
small and that the garage should be reduced in order to maintain
a 5' side yard setback. The Planning Commission on several
occasions has recommended that garage size be reduced in
instances where variances are requested in order to maintain the
integrity of the setback requirement, provide space between
structures and to facilitate drainage patterns.
Staff does not object to granting the five foot front yard
variance. A driveway should be at least 20 feet long in order to
provide off street parking space for vehicles. The off street
parking can be accommodated in the 20' driveway proposed. An
additional comment is that Roosevelt Street is a private
driveway, not a public street. It is not likely that that the
road will be improved to a public street, due to the few homes
that front on it.
RECOMMENDATION:
The recommenaation from staff is to approve the 5' front yard
variance as requested but deny the 7' side yard variance. Staff
would not object to granting a 5' side yard variance. The
rationale to deny the 7' side yard variance is becarse the
requested variance exceeds the precedent established by the
planning Commission for similar applications, and the proposed
garage is larger than a "standard" 24 x 24 double garage. In
addition, Lot 15 must handle the roof water generated from the
garage. Building Official, Gary Staber recommends a 5' setback
to accommodate drainage. The Engineering Department requires that
a utility easement be granted by the owner, prior to issuance of
a building permit for the garage. The easement documents have
been drafted and are available at City Hall to be signed then
recorded at the Scott County Recorder's Office.
i
r yy'L .M (�3 i i�90
mil _ : = IT O
Address: PO ✓
Work Phone: ''1 f2S - I ICAO
Property Owner: SQ.tino an
Home Phone:
Address:
Work Phone:
Type of Ownership: Fee Contract
Purchase Agreement
Consultant/Contractor: e 0
phone:
Existing Use
of Property: 5E
//1� � �.�
Present Zoning:
Proposed Use n
pp
� op 0.1.Y1
of Property: 7
0 PGT
Q aAaq (�
Legal Description
of variance Site: � C7 Ca eM
s
Variance Requested'
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
_ C No
What was requested:
When: Disposition:
7
Describe the type of improvements proposed: CW C -Lu 0�21�� ?_
SUBMISSION REQUIREMENTS
(A)C Meted application form. (B)Filing fee. (C)Property Survey. (D)Certified fran
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 3iAib BE REVIEWED BY THE PLANNING COPAIISSION.
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 pra information and follow the
procedures as outlined in the Ordinance.
Submitted this�� day of � 10� n licants Si9na'r //
Signature
THIS SPACE IS TO BE FILLED OUT BY THE PLANNING DIRECTOR
PLANNING COMMISSION _ APPF0VW _ DENIED DATE OF HEARING
CITY COUNCIL APPEAL _ APPROVED DENIED DATE OF HEARING
Signature of the Planning Director Date
REQUEST FOR VARIANCES ON THE PROPERTY AT:
3821 GREEN HEIGHTS TRAIL
PRIOR LAKE, MN.
BY:
JEANETTE A. KOENIG
REASONS FOR A 7FT SIDE VARIANCE:
MY HOUSE IS REALLY SMALL -- 800 SQ. FT.
AND HAS NO BASEMENT.
I NEED A BIGGER GARAGE THAN NORMAL FOR STORAGE PURPOSES.
THAT IS WHY I AM REQUESTING A 30 X 24 FT GARAGE.
THERE IS AN 3 1/2 FT IN DIAMETER OAK TREE THAT IS 2FT FROM
THE EASTERN PROPERTY LINE.
THE UNIV. OF MN. RECOMMENDS THAT THE TREE WILL DIE IF I
GET ANY CLOSER THAN THE DRIP LINE. WELL, I AM ONLY 10 FT.
FROM THE BASE OF THE TREE WITH THE SIDE OF THE GARAGE.
THAT IS WHY I NEED TO COME 3' FROM THE LOT LINE OF LOT
15/16. IT IS OK WITH THE CURRENT PROPERTY OWNERS: DAVE
VOXLAND AND TED AND TECLA KOENIG.
CUTTING DOWN THIS OAK TREE WOULD DIMINISH THE VALUE OF
NY PROPERY. AND, IT PROVIDES THE HOUSE WITH SHADE IN THE
SUMMER.
THERE IS ALSO THE PROBLEM OF THE EXISTING RETAINING WALL.
I PLAN TO TEAR THIS WALL DOWN AND EXTEND A 4' HIGH SECTION
OF THE NORTH CONCRETE BLOCK WALL OF THE GARAGE TO THE LOT
LINE OF 14/15.
I CAN ONLY COME 2 OR 3 FEET FROM THE EXISTING WALL WITH
NEW FRESHLY PACKED FILL IN ORDER TO ENSURE THE STABILITY OF
THE NEW FLOOR. (THE CONCRETE FLOOR WILL CRACK, IF I COME
FURTHER NORTH WITH NEW FILL. SINCE THE REST OF THE FLOOR
IS OLD PACKED DIRT. I WILL BE USING REBAR ...) THAT IS THE
REASON IT CANNOT BE TURNED SIDEWAYS AND THE NORTH /SOUTH
DIMENSION BE 30 FT. I HAVE CONSULTED WITH SEVERAL
CONTRACTORS ABOUT THIS. ...
SURVEY PREPARED FOR'
JEAN KOENIK valley Surveying Go.. PA.
3821 GREEN HEIGHTS TR SUITE 120 -C , 16670 FRANKLIN TRAIL
PO PDX 164 FRANKLIN TRAIL OFFICE CONDOMINIUM
PRIOR LAKE, MN 55372 PRIOR LAKE, MINNESOTA 55372
TELEPHONE (612) 447 -2570
PL '
- ��2DrT OPNE P Y 11��.�15 • ` >�
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32
il,w �e0 �Bya 9••= BAL
PROPOSED 7�OOT WEST '° *�• ^"
SIDE YARD iARIANCE Bae0L Ll..au a PROPOSED 5 FOOT SOUTH
2 --d
FRONT YARD VARIANCE
n11 IoBNL e -__- Ii
I
• 1 B� � pBOB _ _
1 BBZe _ 5 � - iW W
W',o 519 5..'PER VL Pi��
DESCRIPTION:
Lot 15, GHEIIN HEIGH'T'S, Scott County, Minnesota. Ales showing the location of the
prop ssed garage as staked thls 23rd day oI' September 1992.
NOTES'
Benchmark Elevation: 948.20 top nut of the hydrant at Dunkirk Ave and
Drawn Heights Trail.
942.0 Denotes existing grade elevation
944.5 Denotes proposed finished grade elevations
t - -- Denotes proposed direction of finished drainage
Set the garage slab at elevation 944.70
Set the garage black at elevation 945.33
Total Lot area = 6,834 sq. ft.
i
PL ar
PEP
' 'mile Nt 00-'
r
3822 X.
\GW�S:�—
-
GaEEN HE .e
XouM
lip
eb.
3 99II
PROPOSED 7 OOT WEST
J
SIDE YARD
0a pa0F ^
iARIANCE
o
-�Yiao
E°
9r.e
*eng ee
EL. <.M
1
'
� 1 opNE
11 i� - 550
/1 yr9
0 \.
- .�zoR.
DESCRIPTION:
I. w
"0 0
PROPOSED 5 FOOT SOUTH
FRONT ',ARD VARIANCE
9e0a
' MeM
Lot 10, GREEN 101GH'i'S, Scutt County, Minnesota. Also showing the location of the
proposed garage so staked this 23rd day of September 1992.
NOTES'
Benchmark Elevation: 948.20 top nut of the hydrant at Dunkirk Ave and
Green Heights Trail.
O
O O 30 60 MM
SCALE IN FEET
O Oendlw I/2 Nee E h loco iron
monument ]9t uq mar d by
L,. Na 10185
• Umohe bon memo 1o181d
• Oendly P K NWI u1
942.0 Denote. existing grade elevation
94 Denotes proposed finished grade elevations
-e - -- Denotes proposed direction of finished drainage
Set the garage slab at elevation 944.70
Set the garage block at elevation 945.33
Total Lot area = 6,834 eq. ft.
leeway CWHY N•1 NYA • ns, Kae PNa•M
by. m awhe my dkm 1 a••vWM and Owl
Ibm a M1' na n od Lose swms m IPId• NN
bel 3tdh dlAKwala.
Doh " -s'v c_ Lipma No. 10183
FILE Ne 7519 BOOK 1 04 PAGE 30_8
PRIO
r
"VA30PN"
NOTICE OF HEARING
FOR
SIDE YARD AND FRONT YARD 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, OCTOBER 15, 1992 at 8:00 P.M.
PURPOSE OF HEARING: To consider a variance application for
Jeanette A. Koenig of 3821 Green Heights
Trail.
SUBJECT SITE LOCATION: 3821 Green Heights Trail
Lot, 15, Green Heights
REQUESTED ACTION: The applicant proposes to construct a
detached 24 x 30 foot garage as proposed
on the attached survey. The Prior Lake
Zoning Ordinance requires that structures
be located 25 feet from front property
lines and 10 feet from side property
lines. The applicant proposes to locate
the structure 3' from the west property
line which would require a 7' west side
yard variance. The garage is proposed to
be located 20' from the south front
property line which would require a 5'
front vard 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: October 8, 1992
4629 Dakota St. S.E., Prior lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
AN EQUAL OPPODUN E LOYFA
C I T Y OF PRIOR L A K E
4629 Dakota Street S.E.,
Prior Lake, MN 55372
Phone $ (612) 447 -4230 - FAX N 447 -4245
INFORMAL MEMO
DATE: /n - - 7 -
TO:
i
SUBJECT: /• - _ ; iry<.::'G
TIME: f ''
FROM: i _ V
o+
.'�?-
7e
Response Required: �' / �F�!� � T• �rso a��?i� E7dT�yyrreY
VIM
Yes
No
MESSAGE:
- L4- V.+=•t /r/." , /�.': �?fi_. �LFGi /li ._ •. �� ..
i \ R
I I ��.`k ,
"VA13PC"
PLANNING REPORT
SUBJECT: LOT AREA AND COVERAGE VARIANCE
APPLICANT: DAVID VOXLAND
SITE ADDRESS: 3821 GREEN HEIGHTS TRAIL
PRESENTER: DEB GARROSS, ASSISTANT CITY PLANNER
PUBLIC HEARING: YES X NO
DATE: SEPTEMBER 5, 1991
SITE ANALYSIS
rl. /JX)_t'
HISTORY /BACKGROUND
The Planning Department has received an application from David
Voxland to consider a 3,625 square foot minimum lot area variance
and 1.5% lot coverage variance. See attached materials for
reference to this item. The subject site is one of two lots that
are currently under common ownership. Lots 15, 16 and the west
part of Lot 6, Green Heights have been registered as a unit of
transfer since at least 1962. A cabin, built in 1955 is located
on adjacent Lot 15. The applicant desires to renovate the cabin
on Lot 15 and obtain a lot area variance to build a single family
home on Lot 16.
PREVIOUS PROPOSALS:
Bui.l in9 permit records indicate that one permit for a remodel of
the cabin was issued by the City on July 26, 1991. No other
information is available for this site.
PHYSIOGRAPHY•
The subject site is located within a neighborhood that was
subdivided in 1928 into predominantly 50 foot lots. The roads,
drives, walks and waterfront were dedicated to the property
owners within the plat and are privately maintained. The subject
site is a double frontage lot located between Roosevelt Street to
the south and Green Heights Trail to the north. The streets
within this subdivision are not improved and consist of narrow
gravel drives. As such, there are no formal means to control
drainage from lots within this subdivision. The site contains
approximately 15 to 20 feet of relief and slopes from south to
north down toward the lake of Prior Lake. The subject site is
not a lakeshore property. Surface water drains from the site in
a northerly direction to Green Heights Trail then westerly over
adjacent properties to the lake. The part of Green Heights Trail
adjacent to the subject site has been overlaid with larger
gravel, presumably in an attempt to slow water and to improve the
4629 Dakota St. S.E. Prior lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 447 -4245
street surface during wet periods. The site contains one
substantial tree in the center of Lot 16 and several smaller
trees along the lot lines. The substantial tree appears to be
diseased and is being attacked by birds. It appears as though the
tree is dying and regardless of development, may need to be
removed within the next couple of years.
ADJACENT USES:
This subdivision consists of a mixture of cabins and new single
family homes. Clearly, the trend is that older cabins are being
renovated or removed and replaced with single family homes. The
attached map indicates, according to Planning Records, the lots
within the subdivision that are combined properties. It is
evident that there are a mixture of lot sizes as well as home
types within this subdivision. There are only a handful of
vacant lots within the subdivision that could some day be
developed.
NEIGHBORHOOD ISSUES /IMPACT /CONCERNS
The most critical issues that will impact the neighborhood are
lot drainage, dust control and density of development. As stated
previously, the streets are not improved therefore, there is no
method to control drainage or erosion into the lake. In this
situation, the applicant will need to grade the lot to drain as
best as possible, to the property lines and to the street. The
problem is that there are no control structures once water
reaches the property lines and therefore, lands downstream will
suffer as the water drains more quickly than it currently does.
Drainage and dust problems will only intensify with further
development within this subdivision. The only way to improve the
situation is to install streets, curb and gutter and appropriate
storm drainage systems which should be the ultimate objective of
the City. However, the gravel situation exists, the roads and
drives are privately owned and maintained therefore, it appears
that there will be no resolution of these issues.
PROBLEMS /OPPORTUNITIES
This application is difficult for staff to process because there
is a distinct conflict between the objectives of Zoning Code and
actions taken by the Planning Commission and City Council on
previous variances. The situation is that there are two
substandard lots that are owned in common. Records available
through the Scott County Recorder's Office indicate that the
property has been combined for at least 29 years.
The Zoning Code seeks compliance through the combination of
substandard properties to create lot sizes that conform to the
existing requirements. The required lot size for non lake shore
lots within the R -1 Zoning District is 10,000 square feet which
has been the established standard since 1983. The Shoreland
Management Ordinance, adopted in 1987 further required that
substandard lots under common ownership be combined. In all
variance situations, it is the applicant's responsibility to
prove hardship exists and is not created by their actions. In
this case the combined proo ° perty conforms to all of the lot
requirements of the Ordinance. when divided, through action of
the applicant, a substandard lot results. Staff believes that
the division of the conforming property is the direct result of
the applicant and or owner, not the result of the Ordinance or
City of Prior Lake. Therefore, there is no hardship to grant the
requested variance.
Staff has researched and found that the Planning Commission
and /or City Council have granted lot area variances on eleven
occasions. However, ten variances were granted for individual
lots where there was no opportunity to combine more than one
vacant property. The only similar situation arose with the
Paragon Homes variance where two substandard lakeshore lots
existed however, the lots were not commonly owned. An area
variance was ultimately granted to Paragon Homes for construction
of a single family home. In this case, if the applicant owned
only Lot 16, staff believes that the Planning Commission would
have no choice but to grant the lot area variance similar to that
granted to Paragon Homes. Unfortunately, that precedent is
established and the City must take it into consideration as well
as the requirements of the Ordinance.
RECOMMENDATION:
T e reTi cation from staff, after conferring with the City
Attorney, is to deny the 3,625 square foot lot area variance.
The hardship is created by the applicant for economic gain and is
not the result of actions of the City nor the Ordinance. This
situation is unicue because the substandard lots are under common
od due to
sewers.
er from
. The prof
no
In
and
29
substandard lots. Development of one home utilizing the combined
lots is not out of character for this neighborhood. The
Shoreland Management Ordinance has been in effect since 1987 and
it is the owners responsibility to comply with laws in existence
at the time of purchase and subsequent development.
PR
"VA32PC"
SUBJF,CT:
APPLICANT:
SITE ADDRESS:
PRESENTER:
PUBLIC HEARING:
DATE:
PLANNING REPORT
SIMON VARIANCE
MARK SIMON
16153 NORTHWOOD ROAD
SAM LUCAST, ASSOCIATE PLANNER
YES % NO
OITOBER 15, 1992
SITE ANALYSIS
HISTORY /BACKGROUND
The Planning Department received an application for variance from
Mark Simon to rebuild his fire damaged house in its present
location. The Prior Lake Zoning Ordinance requires any
non - conformity, damaged to over fifty (50) percent of its
assessed value as determined by the Scott County Assessor, to be
brought into conformance. In this case the lot is substandard in
width and the requirements for setbacks are more restrictive. The
property can be brought into conformance through the variance
process.
The applicant is requesting a 4.7 northerly side yard, 2.3
southerly side yard, and a .1' front yard variance to reconstruct
his home in its present location. The lot contains 17,447 square
feet of area per the applicants survey.
PREVIOUS PROPOSALS:
There are no p=ev1ous proposals of this nature on file at Prior
Lake City Hall. The applicant applied for and received two
building permits for work associated with the site.
PHYSIOGRAPHY:
The entire lot slopes from the street level to the lake. There
are two plateaus and a significant drop off. The first plateau
is near the street and contains the under construction house.
Approximately ten (10) to fifteen (15) feet beyond the rear wall
of the house is the drop off. From that point on toward the
shore the lot is in a natural state with volunteer growth and
thick vegetation. This area also contains the second plateau.
The drainage patterns are already established and no additional
grading is being proposed.
ADJACENT USES:
T e su ec site is zoned R -1 single family residential and
located in a transitional neighborhood of single family cabins
4629 Dakota St. S.E., Prior Cake, Minnesota 55372 / Ph. (612) 4474230 / Fm(612)4474245
M EQUAL OPPORiUM EF LCO
and homes. Prior Lake abuts the site to the southeast.
Northwesterly across Northwood Road is undeveloped land also
zoned for single family residential development.
The burned out hulk of the original structure dominates the lot
which is sixty (60) feet wide at the street and fifty (50) feet
wide at the shore. The existing foundation and concrete
materials remain basically intact. The roof and several walls
have been removed and the remaining superstructure stabilized.
It is staff's understanding the applicant retained a structural
engineer to assist in evaluating the structural integrity the
house.
The structure was placed parallel to the northerly side property
line so the distance from the house to the southerly side
property line decreases when traveling in a southeasterly
direction. Visible from the street are the interior walls on the
southerly and easterly sides of the property. The driveway is
not paved and the garage was not constructed, but the garage
foundation is in place. An existing tie retaining wall on the
northerly side lot line crosses the property line. Removal of
the wall without a restoration of some sort would encourage
erosion and is not recommended. This matter should be settled
between the property owners.
NEIGHBORHOOD ISSUES /INPACT/CONCERNS
Becaut €ire a non£ conforming structure could be brought
into compliance. However there is substantial value in the
standing superstructure and it warrants rebuilding in the same
location. Staff agrees this is a reasonable request. The
requested deviations from code are within a range of variances
previously granted. Although they may be slightly larger than
the norm for NEW CONSTRUCTION, this is an existing structure
which already has poured concrete floors and block basement walls
intact. Nearly half of the upper stories of the house are still
standing. There would be little point in requiring the applicant
to meet current standards, in fact there would be significant
hardship in cost and effort associated with meeting current
standards. This situation is indeed unique and hardship is
present. The variance process is designed to assist citizens in
this type of situation.
RECOMMENDATION•
In light of the unique situation of damage beyond fifty percent
of the assessed market value in a accidental fire, staff
recommends approval of the requested variances. The requests are
reasonable, the original building was constructed under the
jurisdiction of another governmental unit and annexed into the
City in 1975. Building permits granted in 1987 and 1988 did not
require variances. The hardship is based on the adoption of the
Prior Lake Zoning ordinance which is more restrictive than the
previews government jurisdiction. The shape of the lot
contributes to a second side yard variance. The variance is not
detrimental to the health, welfare, or safety of the community.
VA yt
PID3 .1 5 141- ew-7 -
CITY OF PRIOR LAKE
APPLICATION FOR VARIANCE
Applicant: /1 �.r-. Hone Phone:
Address: /�' , 1 r r N -L/, - ,J z P L :_6 Fork Phone: f�'/G - 9P
Property Owner: 2 -- Home Phone:
Type of Ownership: Fee Contract Purchase Agreement
Consultant/Contractor: Phone:
Existing Use
of Property -
Legal Descri
of Variance
Variance Reg
., a
Zoning:. /T- /T- /S 0
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'
What was requested:
When. Disposition:
Describe the type of improvements
S WSSION REQUIREMENTS
(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 s 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 ACCEPTED ADD REVIEWED BY THE PLANNING WKISSION.
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 Lday of O J 19 -oL
Applicants Signature
ee Owners Signature
THIS SPACE IS TO BE FILLED OUT BY THE PLANNING DIRECTOR
PLANNING COMIIAISSION _ APPROVED _ DENIED DATE OF HEARING
CITY COUNCIL APPEAL _ APPRWED _ DENIED DATE OF HEARING
OIMDITIONS•
Signature of the Planning Director
Date
PkIO
T
\ T /
"VA32PN"
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 OCTOBER 15, 1992 at 5:15 P.M.
PURPOSE OF HEARING: To consider a variance application
from Mark Simon of 16153 Northwood
Road.
SUBJECT SITE LOCATION: The subject site is Lot 81 Northwood
or more commonly known as 16153
Northwood Road.
REQUESTED ACTION: The applicant is requesting to
rebuild his home, which was damaged
to over 503 of its value by a fire,
5.3' from the northerly side
property line, 7.7' from the
southerly side property line, and
24.9 feet from the front property
line. The Prior Lake Zoning
ordinance requires 10 setbacks from
side property lines and a 25'
setback from the front property
line. Variances are required to
build on the existing foundation
because it does not meet the current
setback requirements.
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 9, 1992
4629 Dakota St. SE., Prior lake, Minnesota 55372 / Ph. (612) 447 -0230 / Fm(612)4474245
AN EQUAL OPPORn1NRY BfWYEA
IDSCR MON/
Lot 01, NORTHW XD, Scott C ty, Ntvvemb. llco ehowin L locstiu a tAe
piopoeM NskeNe m staked f e 29W d" of Septu'ow 1992.
NOTES/
Benohurk Eleve4m{ 910.00 spike iO 12 O[sseood u sham m tM
dnrlog.
9y4.1 Dembe o[ stir Ntede elev&Um
�s
rr
PRIOR LAKE
EL fog 9
eizeis:
f j
6 fI
/
c_
:>�'� ♦ ` a� M w knee
e 'f.(�
�
�Y4 � ♦�\ e1�i1 Y•[[YC[
U� dO.
e 'o
�w »[
\ e�ifrw
\
A
M�
L
.
Yw 6
Cf 1.� ee •U4���
IDSCR MON/
Lot 01, NORTHW XD, Scott C ty, Ntvvemb. llco ehowin L locstiu a tAe
piopoeM NskeNe m staked f e 29W d" of Septu'ow 1992.
NOTES/
Benohurk Eleve4m{ 910.00 spike iO 12 O[sseood u sham m tM
dnrlog.
9y4.1 Dembe o[ stir Ntede elev&Um
�s
rr
PRIOR LAKE
EL fog 9
eizeis:
October 9, 1992
The planning Departrnt has act received any additional
inforeation for the Nest Edge Estates Hearing. staff recommends
tabling the application at is ties.
4629 Ddmte SC S.F— Phr 1ala, 66ersae 55372 1 Ph (61214474239 1 Fu (612) 4474245
a,ncan�sesovw
TO: PLANNING COMMISSIONERS
FROM HORST N. GRASER
RE: HAROLD BDHLEN VARIANCE FINDINGS
DATE; OCTOBER 15, 1992
On September 17, 1992, the Planning Commission considered and
approved the Harold Bohlen variance granting him one additional
building permit for his 26 acres located at 13380 Hickory Avenue.
The Commission instructed staff to prepare facts and findings
based on the Commission discussion and directions.
1. Approximately one half of the two subject
quarter /quarter sections were previously Vatted into 2
to 3 acre lots under the jurisdiction of Eagle Creek
Township.
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 enviro use ntally 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 neighborhood 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.
e. The applicant has agreed to execute and record an
agreement with prior Zake restricting the issuance of
additional building permits for anp residential units on
the 26 acres until public sewer and wafer Se available.
The appl leant further agrees to restrict the location of
the one additional residential snit granted under this
toownsh t
township road the South half Quarter
of the Northeast Quarter, all in Section 23 Township 115
Range 22, Scott County, Minnesota.
4629 D&Id St 51; Pam Lie, � 55372 / Ph 1612( 4474230 / Fat (612( 447 -0246