HomeMy WebLinkAbout1992 September Planning Commission Agenda PacketREGULAR PLANNING COMMISSION MEETING
AGENDA
SEPTEMBER 3, 1992
7:30 P.M. CALL TO ORDER
7:30 P.M. REVIEW MINUTES OF PREVIOUS MEETING
7:35 P.M. HEARING VARIANCE RENO SINIRAS
t Indicates a Public Hearing
All times stated on the Planning Commission Agenda, with the
exception of Public Hearings, are approximate and may start later
than the scheduled time.
4629 Dakota St. S.E., Prior lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 447 -4245
AN EQUAL OPPORTUM EMPLOYER
_I T
PLANNING COMMISSION
MINUTES
AUGUST 20, 1992
The August 20, 1992, Planning Commission Meeting was called to
order by Chairman Loftus at 7:30 P.M. Those present were
Commissioners Loftus, Wuellner, Roseth, Director of Planning
Horst Graser, Associate Planner Sam Lucast, and Secretary Rita
Schewe. Commissioner Arnold was absent.
ITEM I - REVIEW MINUTES OF PREVIOUS MEETING
MOTION BY ROSETH, SECOND BY WUELLNER TO APPROVE THE MINUTES AS
WRITTEN.
Vote taken signified ayes by Loftus, Wuellner, and Roseth.
MOTION CARRIED.
ITEM II - RENO SINIKAS - VARIANCE - CONTINUTED
Sam Lucast stated that Reno Sinikas has asked for a continuance
on the variance application for 16590 Spring Avenue to further
prepare additional information.
MOTION BY ROSETH, SECOND BY WUELLNER, TO CONTINUE THE VARIANCE
APPLICATION BY RENO SINIKAS FOR 16590 SPRING AVENUE TO SEPTEMBER
3, 1992, AT 7:35 P.M.
Vote taken signified ayes by Roseth, Wuellner, and Loftus.
MOTION CARRIED.
ITEM III - DAVID ANDERSON - VARIANCE
David Anderson, 15672 Fremont Avenue N.W., is requesting lot
width and side yard variances for 16069 Northwood Road. Mr.
Anderson is considering purchasing this lot and constructing a
single family home.
Sam Lucast presented the information as per memo. The applicant
is requesting a .58 foot lot width, 2.5 foot west side, and a 3.1
foot east side yard variance. The subject site is 49.42 feet
wide by 400 feet deep. The neighborhood is in a residential
transition mode, changing from summer cabins to new upper level
homes. The DNR has no objections to the variances but did
suggest the driveway be paved, however, the Building Department
is requiring paving prior to a final certificate of occupancy
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 447 -4245
AN EQUAL OPPORIUNR ENPLDYER
PLANNING COMMISSION MEETING MINUTES AUGUST 20, 1992 PAGE 2
being issued. The site has maintenance and driveway easements.
Staff recommends approval of the variances.
Joe Passofaro, 16077 Northwood Road, was against the variances
and felt it would depreciate the value of property in the area.
Gene Wenner, 3214 Butternut Circle, and Robert Polen, 16073
Northwood Road, stated they were against the variances.
Comments from the Commissioners were on; maintenance easements
for the property, lot size, house plans, erosion control, and
drainage concerns,
MOTION BY ROSETH, SECOND BY LOFTUS, TO APPROVE A .58 FOOT LOT
WIDTH VARIANCE, A 2.5 FOOT WEST SIDE VARIANCE, AND A 3.1 FOOT
EAST SIDE YARD VARIANCE FOR 16069 NORTHWOOD ROAD. RATIONALE
BEING THE SUBJECT SITE IS A SUBSTANDARD LOT, PRECEDENT HAS BEEN
SET BY PREVIOUS VARIANCE APPROVALS, IT WAS PLATTED UNDER THE
JURISDICTION OF ANOTHER GOVERNMENT BODY AND WOULD NOT BE
DETRIMENTAL TO THE HEALTH AND WELFARE OF THE COMMUNITY. APPROVAL
IS CONTINGENT ON THE FOLLOWING CONDITIONS; THE HOUSE MUST BE
BUILT WITHIN THE BUILDING ENVELOPE AS SHOWN IN THE APPLICATION,
EROSION CONTROL ON THE DRIVEWAY AND CONSTRUCTION SITE MUST BE
MAINTAINED, AND THAT THE DRIVEWAY BE PAVED BEFORE A CERTIFICATE
OF OCCUPANCY IS ISSUED.
Vote +.aken signified ayes by Roseth and Loftus. Commissioner
Wuellner abstained as he is a friend of the property owner.
MOTION CARRIED.
ITEM IV - MCENIGHT & ASSOCIATES - VARIANCE
John Milde 3755 Island View Circle N.W., representing McKnight &
Associates of 14198 Commerce Avenue N.E., stated they are
requesting lot width and side yard variances for 3174 Butternut
Circle in order to construct a home with architectural integrity.
Sam Lucast presented the information as per memo of August 20,
1992. The variances requested are a 4 foot north side yard
variance, 1 foot south side yard variance, and 3 foot minim—a lot
width variance. The lot is 47 feet wide and over 300 feet deep
and is located on a cul -de -sac on a peninsula in Prior Lake. The
house is very well located on the lot and only two to four trees
and a lilac bush will be lost during construction. A dilapidated
shed will be removed during construction. A proposed deck is
shown on the survey but is not part of the house plans. Should a
deck be built in the future no further variances would be needed
as the structure is set back far enough from the Lakeshore.
Staff recommends approval of the requested variances as they are
reasonable and fall within the guidelines for approval by the
Planning Commission.
PLANNING COMMISSION MEETING MINUTES AUGUST 20, 1992 PAGE 3
Larry Baysinger 3180 Butternut Circle, voiced his concerns on the
elevation, erosion, and location of house.
Ethel Furuli, 3168 Butternut Circle, stated she was concerned on
the raised elevation for the garage and water drainage.
Gene Wenner, 3214 Butternut Circle, objected to the variances.
Comments from the Commissioners were on; elevation, drainage,
grading, and house location.
MOTION BY WUELLNER, SECOND BY ROSETH, TO APPROVE A 4 FOOT NORTH
SIDE YARD VARIANCE, 1 FOOT SOUTH SIDE YARD VARIANCE, AND A 3 FOOT
MINIMUM LOT WIDTH VARIANCE FOR 3174 BUTTERNUT CIRCLE. RATIONALE
BEING THE LOT IS SUBSTANDARD IN WIDTH YET ABOVE THE MINIMUM
REQUIRED SQUARE FOOTAGE, THE NARROW LOT LIMITS ARCHITECTURAL
OPTIONS, PRECEDENT HAS BEEN SET BY PREVIOUS VARIANCE APPROVALS,
THE LOT WAS PLATTED UNDER THE JURISDICTION OF A PREVIOUS
GOVERNMENT BODY, AND WOULD NOT BE DETRIMENTAL TO THE HEALTH AND
WELFARE OF THE NEIGHBORHOOD.
Vote taken signified ayes by Wuellner, Roseth and Loftus. MOTION
CARRIED.
MOTION BY ROSETH, SECOND BY WUELLNER, TO ADJOURN THE MEETING.
Vote taken signified ayes by Roseth, Wuellner, and Loftus.
MOTION CARRIED.
Meeting adjourned at 8:50 P.M
Hall.
Tape of meeting on file at City
Horst Graser
Director of Planning
Rita M. Schewe
Recording Secretary
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SUBJECT:
APPLICANT:
SITE ADDRESS:
PRESENTER:
PUBLIC HEARING:
DATE:
PLANNING REPORT
VARIANCE
RENO SINIKAS
16590 SPRING AVENUE
SAM LUCAST, ASSOCIATE PLANNER
YES X NO
SEPTEMBER 3, 1992
SITE ANALYSIS
HISTORY /BACKGROUND
The Planning Department received an application for variance from
Reno Sinikas of 5488 Candy Cove Trail, for Lot 16 Green Heights
First Addition, better known as 16590 Spring Street. The
subject site is a fifty (50) foot wide, approximately 7180 square
foot lot of record, located on the corner of Spring Avenue and
Pershing Street. Corner lots are considered to have two (2)
front yards and two (2) side yards. The site is under the
minimum lot size of 10,000 square feet and requires a variance
from that minimum. The applicant requests a 7.2 foot east front,
two foot west side yard, and 2820 square foot lot area variance.
The variance was continued because of problems presented by an
existing drainage pattern. The house placement will alter the
pattern and without drainage swales and easements may create
problems for abutting residents. The applicant provided an
easement to allow the neighbors runoff to cross the subject site
and drain into the street. In essence, the drainage problem has
been solved and is no longer an issue.
PREVIOUS PROPOSALS:
There are no previous proposals on record at the City of Prior
Lake.
PHYSIOGRAPHY•
The s 7ect site is basically flat to slightly sloping. It is a
continuation of the adjacent landscape with significant mature
trees. The lot also contains underbrush and small to medium size
volunteer growth. It is heavily wooded.
ADJACENT USES:
The suu 7ecY is completely surrounded by developed single
family subdivisions. Many of the lots contained in these
subdivisions are also smaller, substandard lots. Abutting lots
contain single family dwellings.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax(612)447-4245
AN EQUAL OPPODUNRY EMPLOYER
Spring Avenue is a short north south cul -de -sac serving
approximately five lots including the subject site. Pershing
Street is an east west street and part of a local "thru street
route." Across Pershing Street, south and east of the site, is
a large wetland which is part of a current subdivision proposal.
Directly across Spring Avenue to the east is a new single family
dwelling and a storm water management pond.
EXISTING CONDITIONS:
The lot is eavily wooded and contains both significant mature
trees and volunteer growth. There is evidence of leaves and
other organic materials being dumped on the site. The proposed
building location will preserve most of the significant trees on
the site.
NEIGHBORHOOD ISSUES�IMPACT/CONCERNS
Tissues and impacts involve the location of the house.
The location as proposed removes the fewest trees, preserves some
of the most significant ones, and has the least amount of
impervious surface coverage.
Tree removal is always an issue in new construction. In
discussions with the applicant he stated the driveway could be
moved to enter the garage from the south or Pershing Street
side, if vehicles impeding traffic on Spring Avenue was an issue.
Spring Avenue is a short cul -de -sac with minimal traffic. With
this option the surface coverage would increase.
Generally speaking the Planning Department is against variances
which allow traffic impedance. However, twenty (20) feet is the
approximate minimum threshold level for driveway length. The
distance from the garage to the front lot line is 19.8 feet
according to the survey. Also, an additional three (3) feet of
right of way exist prior to reaching the street making the
driveway nearly 23 feet long. In addition, the proposed east
entry from Spring Street would limit tree removal and impervious
surface coverage. Currently the impervious surface coverage
ratio is at 298. If the Planning Commission requests a
reconfigured design with increased paving, the applicant will
presumably have to reapply and have residents renotified because
the application would then include an impervious surface coverage
ratio variance, too. A drainage swale would also need to be
relocated in the southern front yard to facilitate drainage if
the driveway is moved. This move may compromise the project.
RECOMMENDATION• a
Staff recommens approval of a two (2) foot west side, 7.2 foot
east front yard variance, and a 2820 square foot lot area
variance. The rationale is the lot is unique being both a
substandard fifty (50) foot wide lot, and being located on a
corner. Hardship was created by the Prior Lake Zoning Ordinance
and not the applicant. The site was subdivided in 1957 and
annexed into Prior Iake in 1973 from Spring Lake Township. The
applicant demonstrated a reasonable development plan, and it is
not detrimental to the health and welfare of the community.
PID/ .Z ioa - 0:4 .0
CITY OF PRIOR LAtO;
APPLICATION FOR VARIANCE
RN
Existing Use
of Property:.
Proposed Use
of Property:.
Legal Descri
of Variance
Fe Contract Purchase
1
Zoning: Eg- S . g 1 5 D
X10 ____fie -cu We /bh7S F AD6l?row
Variance Requested:, W 5.,t y �vz� / 7. E , n / S to 1* Z, rl
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 propos
CPc:7 E_u72Y 140Mv w/ I3c,U G - Hr.AG -
SWISSION REQUIRfMENfS
(A)Completed application form. (B)Filing fee. (C)Property Survey. (D)Certified from
abstract firm, names and addresses of property owners within 100 feet of the
exterior boundaries of the subject property. (E)Canplete legal description 6
Property Identification Number (PID). (F)Deed restrictions or private covenants, if
applicable. (G)A parcel nap at 1 "- 20' -50' showing: The site development plant
buildings: parking, loading, access, surface drainage, landscaping and utility
service.
ONLY COMPLETE APPLICATIONS SHALL BE REVIEWED BY THE PLANNING COMMISSION.
To the best of my knowledge the information presented on this fo is correct. In
addition, I have read Section 7.6 of the Prior Lake 20 0 which specifies
requirements for variance procedures. I agree to pr de inf and follow the
procedures as outlined in the Ordinance.
Appli is Signature
Submitted this day of YUU.Y 19,2
Fee Owners Signature
THIS SPACE IS TO BE FILLED OUT BY THE PLANNING DIRBCIOR
PLANNING COMMIISSION _ APPROVED _ DENIED DATE OF HEARING
CITY COUNCIL APPEAL _ APPROVED a DENIED DATE OF HEARIW,
CONDITIONS:
Signature of the Planning Director Date
Volley Surveying CO. P.A.
SI/ ITE 1 20
FR - C , 16670 FRANKLIN TRAIL
ANKLIN TRAIL OFFICE CONDOmmupw
PRIOR LAKE, MNgNE50TA 55372
TELEPHONE (612,447_2670
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Valley Surveying Co., P.A.
(612) 447 -2570
August 24, 1992
Easement description prepared for:
Mr. Larry Gensmer
P. 0. Box 277
Prior Lake, Minnesota 55372
Suite 120C
16670 Franklin Trail S.E.
Prior Lake, Minnesota 55372
Re, Utility easements for Lot 16, Green Heights First Addition, Scott Co. Mn.
DESCRIPTION:
An easement for public utility and drainage purposes over under and across the
north 10.00 feet and the west 5.00 feet of the north 87.00 feet of Lot 16, GREEN
HEIGHTS FIRST ADDITION, Scott County, Minnesota.
Dea tion pr p •ed by:
Ronald A . Swanson, Land Surveyor
Minnesota Registration No. 10183
file no. 6159
PR,
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"VA22PN"
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 SEPTEMBER 3, 1992 at 7:35 P.M.
PURPOSE OF HEARING: Consider an application for Variance
from Reno Sinikas of 5488 Candy Cove
Trail, Prior Lake.
SUBJECT SITE LOCATION: Lot 16 Green Heights First Addition,
better known as 16590 Spring Avenue
SE, Prior Lake.
REQUESTED ACTION: The applicant is requesting a two
(2) foot west side yard, a 7.2
foot front yard, and a 2820 square
foot lot area variance to construct
a single family dwelling. The
required setbacks are ten (10) feet
from the side property line and
twenty five (25) feet from the
front property line. The minimum
lot area of a lot in the Shoreland
District is 1O square feet.
Lots of record with less than 10,000
square feet cannot be built upon
without a lot area variance. The
applicant is requesting a variance
to encroach two (2) feet into the
west side yard setback, 7.2 feet
into the front yard setback, and
build on a 7180 square foot
substandard lot of record.
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: AUGUST 28, 1992
4629 Dakota St. S.E., Prior Cake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447 -4245
A EQUAL OPPODUN Y E WYER
SURVEY PREPARED FOR.
LARRY GENSMER
co Sox 211
PRIOR LAKE, AIN 55372
nr.:GRlt*rlox:
Volley Surveying Co. P. A.
M1E 1 20 -C, IMSeO FRANKLIN TRAIL
F V RANKLIN TRAIL OFFICE CQNOCAIINMAN
MOOR LAKE, MMNESOTA 55372
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929.4 panotes ealstlN{ grads elevaticna on site.
L930 11 Denotes pro,oaa finished grade slsntiona
])motes proposed dlrecttm of tiniahed drslnsge
Set the garage slab at elevation 971.07
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Set the top of block at elevation 931.40
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August 6, 1992
To: Prior Lake Planning Commission
FYom: William A. and Patricia J. Richards
3934 Pershing St. SW
Prior Lake, MN 55372
Subject: Application for Variance from Reno Sinikas for IDT 16,
Green Heights Addition
Reference: attached
The drainage pattern (indicated by heavy dashed line) will be
severely restricted by the currently proposed placement of the house
on LOT 16 as indicated by the variance request. The water flow from
our neighbors to the north (1) and west (2) moves through our back-
yard around the dog kennel and to the east of the garage. Placing
the house as proposed will back the water into our yard. In addition,
during heavy rainfall, water flowing west to east (3) on Pershing Street
rises over the curb and passes into IDT 16 as indicated. This occurs
because of the low elevation in that corner of both lots and the in-
sufficient drop in elevation of the curb and street.
With the proposed placement of the house on IDT 16, we foresee
drainage being a problem not only for us but also for the resident
on LOT 16. We feel that before going forward with the variance as
proposed, the city engineer should take some elevation readings to
confirm our above statement.
'flank you.
William A. and Patricia J. Richards
cc: City Planner
Planning Commission Members
J. Carver Richards, Attorney at Law
August 6, 1992
To: Prior Lake Planning Commission
From: William A. and Patricia J. Richards
393 Pershing St. SW
Prior Lake, MW 5537
Subject: Application for Variance from Reno Sinikas for IDT 16,
Green Heights Addition
References attached
The drainage pattern (indicated by heavy dashed line) will be
severely restricted by the currently proposed placement of the house
on IDT 16 as indicated by the variance request. The water flow from
our neighbors to the north (1) and west (2) moves through our back-
yard around the dog kennel and to the east of the garage. Placing
the house as proposed will back the water into our yard. In addition,
during heavy rainfall, water flowing west to east (3) on Pershing Street
rises over the curb and passes into IDT 16 as indicated. This occurs
because of the low elevation in that corner of both lots and the in-
sufficient drop in elevation of the curb and street.
With the proposed placement of the house on IDT 16, we foresee
drainage being a problem not only for us but also for the resident
on IDT 16. We feel that before going forward with the variance as
proposed, the city engineer should take some elevation readings to
confirm our above statement.
Thank you.
William A. and Patricia J. Richards
ces City Planner
Planning Commission Members
J. Carver Richards, Attorney at taw
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7:30 P.M.
7:30 P.M.
7:30 P.M.
7:45 P.M.
8:00 P.M.
8:15 P.M.
* 8:30 P.M.
HERITAGE COMMUNITY
1891 1991
RSSULAR PLANNING COMMISSION MFm'Tnr=
AGENDA
SEPTEMBER 17, 1992
CALL 70 ORDER
REVIEW MINUTES OF PREVIOUS MEETING
REARING VARIANCE DrMSION
NEARING VARIANCE
NEARING VARIANCE
NEARING VARIANCE
PUBLIC NEARING OUMPRNAENSIVE PLAN
AMENDMENT
* Indicates a Public Nearing
T'
TOM REARM
JOE MARTIN
BRAD LEIN
HAROLD BOHLEN
STAFF
All times stated on the Planning Ccomission Agenda, with the exception of Public
Hearings, are approximate and may start later than the scheduled time.
4629 Dakota St. S.E, Prior Lake, Minnesota 55372 / Ph. (612) 447 -4230 1 Fax (612) 447 -4245
a
PLANNING COMMISSION
MINUTES
SEPTEMBER 3, 1992
The September 3, 1992, Planning Commission Meeting was called to
order by Acting Chairman Arnold at 7:30 P.M. Those present were
Commissioners Arnold, Wuellner, Roseth, Associate Planner Sam
Lucast, and Secretary Rita Schewe. Commissioner Loftus was
absent.
ITEM I - REVIEW MINUTES OF PREVIOUS MEETING
MOTION BY WUELLNER, SECOND BY ROSETH, TO APPROVE THE MINUTES AS
WRITTEN.
Vote taken signified ayes by Wuellner, Arnold, and Roseth.
MOTION CARRIED.
ITEM II - RENO SINIKAS - VARIANCE
Reno Sinikas, 5488 Candy Cove Trail, is requesting a 7.2 foot
east front yard, 2 foot west side yard, and a 2,820 square foot
lot area variance for 16590 Spring Avenue to construct a single
family home.
Associate Planner Sam Lucast, presented the information as per
memo of September 3, 1992. The subject site is a 50 foot wide
lot, approximately a 7,180 square foot lot of record, located at
the corner of Spring Avenue and Pershing Street. Corner lots are
considered to have two front yards and two side yards. A
drainage issue was raised earlier by a neighbor, which resulted
in the applicant providing an easement to allow the neighbors
runoff to cross the subject site and drain into the street. The
proposed driveway is located on Spring Avenue and the distance
from the garage to the front lot line is 19.8 feet. The
ordinance requires 25 feet. If the driveway is moved to
Pershing, an additional impervious coverage variance would be
needed and additional trees would have to be removed and the
drainage Swale would have to be relocated. There is a 3 foot
right of way that exists on Spring Avenue thereby making the
driveway approximately 23 feet.
Staff recommends approval of the requested variances as the lot
is a substandard lot and a corner lot. Hardship was created by
the Prior Lake Zoning Ordinance and not the applicant. The site
was under the jurisdiction of a previous government body.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447 -4245
AN EQUAL OPPORTUNRY EMPLOYER
PLANNING COk1MISSION MEETING MINUTES SEPTEMBER 3, 1992 PAGE 2
Bill Richar- 3934 Pershing, stated he felt drainage is a
problem and that the road was never cut properly and wanted
assurance that the lot would never be regraded to change the
drainage.
Steve Burdick, 16561 Spring Avenue, stated that when he applied
for a variance he was not approved for the same type of variance.
Mark Rivers, 16581 Spring Avenue, voiced his concern on drainage.
Comments from the Commissioners were on; drainage issues,
easements, substandard lot, ordinance requirements for corner
lots, future actions cannot be foreseen on lot grading, and
should rely on engineering knowledge.
MOTION BY ROSETH, SECOND BY WUELLNER, TO APPROVE A 7.2 FOOT EAST
FRONT YARD, 2 FOOT WEST SIDE YARD, AND A 2,820 SQUARE FOOT LOT
AREA VARIANCE FOR 16590 SPRING AVENUE. RATIONALE BEING THE LOT IS
A SUBSTANDARD LOT AND A CORNER LOT, HARDSHIP WAS CREATED BY THE
PRIOR LAKE ZONING ORDINANCE AND NOT BY THE APPLICANT, THE SITE
WAS SUBDIVIDED UNDER THE JURISDICTION OF A PREVIOUS GOVERNMENT
BODY, THE APPLICANT HAS DEMONSTRATED A REASONABLE DEVELOPMENT
PLAN, AND IT WOULD NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE
OF THE NEIGHBORHOOD.
Vote taken signified ayes by Roseth, Wuellner, and Arnold.
MOTION CARRIED.
MOTION BY ROSETH, SECOND BY WUELLNER, TO ADJOURN MEETING.
Vote taken signified ayes by Roseth, Wuellner and Arnold. MOTION
CARRIED.
Meeting adjourned at 8:11 P.M. Tape of meeting on file at City
Hall.
Sam Lucast Rita M. Schewe
Associate Planner Recording Secretary
PRI
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"VA17C1"
(VA9117)
i N'•
DATE: 9 -17 -92
TO: PRIOR LAKE PLANNING COMMISS N'
FROM: SAM LUCAST, ASSOCIATE P
RE: VARIANCE 91 -17 TOM KEARNE E E E SION REQUEST
Tom Kearney, requested and received variances to construct a new
single family dwelling at 6424 Conroy Street in October 1991. He
has not been able to sell his existing house which would enable
him to begin construction of the nea house. The amended
application and report is attached for your viewing.
Variances are granted for a period of one year. Previously, the
Planning Commission has granted extensions of twelve months in
cases where the circumstances of the variance have not changed.
These circumstances have not changed and it would serve no
purpose for the applicant to go through the variance process a
second time. Therefore, Staff recommends a twelve month
extension of the variance 91 -17 granted October 17, 1992.
4629 Dakota St. S.E., Prior lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447 -4245
AN EQUAL OPPORrUNrrY DeUYYER
Vk 11 _ 7 1
PIDt_ - :+ ao ri -o
CITY OF PRIOR LAKE
APPLICATION FOR VARIANM
Applicant: 'r'kon,r;s Al kE)4:ewE`I Home Phone: 4V1 = 83f - 0
Address: 5 1090 M.C.11 Or SAVA&F M. J rr3 Phone; 4V3'-000v
Property Omer: - r] o .,AS n. KE1+1e,uEY Hone P)rne: yYr- g�s,-o
Address: 4c90 M Ca11 Or SAV W.N 0 76 Work Phone: vv;- 000y
Type of Ownership: F 2S Contract Purchase Agreement
Consultant /Contractor: r M. Ko+cNEt Phone: VvJ'- 0001L_
Existing Use
of Property: 5Bxksok AA- "P-IA) Present Zoning:' -i
Proposed Use
of Property:— SIAJbIE FN A..LY hlO w.E
Legal Description
of Variance Site: Lur y9 Awn Elam w*,,x v cor YES Go,..ewr B.sy
Variance Requested- 6 4, + ol 9J£ to r c 6ac r4.xe twsrs ;,u a vs. i 4.wsk
l437 �a ; „�.�... /,” S ;sue
Has the applicant previously sought to plat, rezone, obtain a variance or conditional
use permit on the subject site or any part of it? _Yes x No
What was requested:
When: — - Disposition:
Describe the type of inprwanents proposed: Svoco A Nsa 51u i& ft kaa.s
S(JBMISSION EMUIRII9ENTS
(A)Canpleted application form. (B)Filing fee (C)Certified from abstract firm, names
and addresses of property owners within 100 feet of the exterior boundaries of the
subject property. (D)Complete legal description & Property Identification Nurtber
(PID) . (E)Deed restrictions or private covenants, if applicable. (F)A parcel map
at 1"- 20' -50' showing: The site development plan, buildings: parking, loading,
access, surface drainage, landscaping and utility service.
ONLY COMPLETE APPLICATIONS SHALL, BE REVIEWED BY THE PLANNING COMMISSION.
To the best of my knowledge the information presented on this form is correct. In
addition, i have read Section 7.6 of the Prior Lake Zoning Ordinance which specifies
requirements for variance procedures. I agree to provide information and follow the
procedures as outlined in the Ordinance. ./ &
Applicants Signature
Submitted this day of '�' �r•�• 19 =
Fee ( Owners Signature C
THIS SPACE IS TO BE FILLED OVT BY THE PLANNING DIRECTOR
PLANNING COMMISSION X AM WED _ DENIED 9/ DATE OF HEARING
CITY COUNCIL APPEAL _ APF"ED DENIED LATE OF HEARING
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Date
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HERITAGE COMMUNITY 4K7J.' Y1_ a
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1891 1991 20
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"VA17PR"
PLANNING REPORT
SUBJECT:
VARIANCE
APPLICANT:
THOMAS KEARNEY
SITE ADDRESS:
6424 CONROY
STREET
PRESENTER:
SAM LUCAST,
ASSOCIATE CITY PLANNER
PUBLIC HEARING:
YES X
NO
DATE:
OCTOBER 17,
1991
SITE
ANALYSIS
HISTORY /BACP.GROUND:
The The Planning Department received a variance application from
Thomas Kearney of 9090 McColl Drive, Savage. Mr Kearney proposes
to remove the existing cabin, and deck to construct a single
family dwelling with attached garage. See attached survey for
details. The applicant requests the Planning Commission grant a
four (4) percent maximum lot coverage variance, a one and one
half (1.5) foot front yard variance, a two and one half (2.5)
foot east side yard variance, and a forty -five and seven tenths
(45.7) foot Lakeshore variance to allow the construction of the
dwelling as proposed. The requested east side yard and Lakeshore
variances are less the existing setbacks.
PREVIOUS PROPOSALS:
In 1985 an Administrative Lot Split added one half of lot 48 to
the subject site.
PHYSIOGRAPHY•
The area was platted in the 1920's and consists of extremely
small lots. Conroy Street is a twenty three (23) foot wide gravel
road which provides access to the lakeshore property. The
subject site occupies one and one half (1.5) lots and contains
just 5573 square feet of area according to the submitted survey.
The lot is just over ninety (90) feet deep and seventy four (74)
feet wide at the widest point adjacent to the platted driveway.
Homes in the area use retaining walls to accommodate construction
in close proximity to the lakeshore.
ADJACENT USES:
The adjacent uses are fully developed with single family
dwellings and older cabins. The property to the north across
Conroy Street contains a wetland and is not developed. The lots
in Conroy's Bay are considered substandard by current Zoning
code requirements. Current setback requirements would render
the subject site non - buildable because of the shallow lot depth.
4629 Dakota St. S.E.. Prior Lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 4474245
DEVELOPMENT SUMMARY:
The subject site consists of 5573 square feet zoned R -1 SD, Urban
Residential Shoreland District. The Lakeshore setback
requirement is seventy five (75) feet, side yards ten (10) feet,
and the front yard setback is twenty five (25) feet. The
maximum allowable coverage is thirty (30) percent within the
Shoreland District. The applicant is requesting approval of a
four (4) percent coverage variance, 45.7 foot Lakeshore setback
variance, a one and one half (1.5) foot front yard variance, and
a two and one half (2.5) foot east side yard variance. The
applicant plans to demolish the existing cabin and build a single
family dwelling with an attached tuck under garage. The
requested variances on the east side yard and Lakeshore are less
than the existing setbacks.
RECOMMENDAT
The recomme�tion from staff is to approve the requested
variances. Verbal comment from Pat Lynch, Minnesota Department
of Natural Resources, is in favor of granting the variance. The
proposed structure location is farther from the Lakeshore and
side yards than the existing structure.
The hardship in this case is not caused by the applicant, but
rather the result of higher City standards for lakeshore
development. The cabin was constructed under the jurisdiction of
either Glendale Township or Scott County during the 1940's. The
property has been assessed for sewer and water service. If the
current Zoning Codes were applied there would not be a building
envelope available. The applicant purchased one half of the
westerly lot to increase the size of the subject site. The
development pattern in this neighborhood has been established, as
is being requested in this application, at similar setback
distances. The variance as requested is not detrimental to the
health, safety, and welfare of the community and would observe
the spirit and intent of the Ordinance.
SKETCH PKPARED FOR
T.M. KEARNEY CONST Valley Surveying Co., P.A.
9090 WCOLL OWE SUM 120 -C . 16610 FUM[LIM T1u1L
SAVAGE, MN 55318 FRANKLIN TRAIL OFFICE CONDOMINIUM
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"VA27PC"
SUBJECT:
APPLICANT:
SITE ADDRESS:
PRESENTER:
PUBLIC HEARING:
DATE:
PLANNING REPORT
FRONT YARD VARIANCE
JOE MARTIN
3234 KENT STREET
SAM LUCAST, ASSOCIATE PLANNER
YES X NO
SEPTEMBER 17, 1992
SITE ANALYSIS
HIS
3oa Mart n submitted an application for a fourteen (14) foot
front yard variance to build a 28' X 28' detached garage. The
subject site is the combination of three lots and a portion of a
vacated alley totalling 22,630 square feet abutting Prior Lake
and the public access.
PREVIOUS
PROPOSALS:
T e app can as no previous proposals, regarding the subject
site, on record at City Hall.
PHYSIOGRAPHY:
e o s opes toward the lake from the rear of the house and the
east and west property lines. A natural drainage way exists
through the center of the lot down to the lake. Fruit trees
are located close to the vacated alley. Additional trees abut
the deck and property lines leaving the main portion of the lot
open.
ADJACENT USES:
Directly north and east of the site is the DNR public boat access
and parking lot. On street parking is permitted by the access,
but not on the adjacent residential streets. To the south and
west of the subject site are single family residential
subdivisions.
EXISTING CONDITIONS:
The s a 7ec s e is in a fully developed area served with city
water nd sewer. The entire lot is sodded and has a privacy fence
on the public access side of the lot. There is access to Prior
lake from the applicant's property. Drainage appears to be
contained within easements and flows to the street and lake. The
applicant stores boat and snowmobile trailers in the rear yard.
4629 Dakota St SE, Prior lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax(612)4474245
AN EQUAL OPPORNNRY EMPLOYER
NEIGHBORHOOD ISSUES /IMPACT ONCERNS
T��o�is enough /C o accommodate the proposal without
coverage ratio variances or setback variances. However, when the
garage is located to meet setbacks it becomes more visible from
the lake, the view from the deck to the lake is diminished, and
trees will be removed. The main reason for requesting the
variance is the hardship in constructing at the setback lines.
Because the lot slopes toward the lake it would require
approximately seven or eight feet of fill to construct a building
pad for the garage. Whether fill is brought in for a pad or
additional courses of block are laid and then filled, the cost of
construction rises significantly.
Two construction alternatives unfold, both raising construction
costs. One plan includes filling an area for the building
envelope with dirt, constructing the foundation on the fill and
pouring the floor on top of the fill. The fill must be extended
beyond the building footprint to minimize the degree of slope.
This extension would alter drainage patterns and not be
aesthetically pleasing. The second alternative calls for the
extra height to be made up with concrete blocks reinforced with
steel rods and filled with concrete. The interior of the
structure is then filled with dirt to the desired level where
the garage floor would be poured.
The development proposal is a reasonable request given the
abutting use of the Public Access. The garage access will be
from the existing Rent Street driveway. There will be no
entrance on the Dewitte Avenue side of the property. The primary
consideration for a front yard variance on a garage is the room
for parking. In this case there will be no access from the east
side ( Dewitte Avenue) and therefore no parking to cause
Y Even with the addition of a garage and driveway, there
is no need for a impervious surface coverage variance.
The situation is unique with the corner lot and the abutting use.
It is an appropriate use for a detached structure. The garage,
presumably, would not be very visible from the street because of
the topography, landscaping, and the existing fence.
RECOMMENDATION•
Staff recommends approval of a fourteen foot east front yard
variance for construction of a 28 x 28' detached garage. The
hardship is not caused by the applicant, it is a result of the
existing topography. Placing the structure at setbacks would
require the removal of trees and significant extra expense for
filling the site to create a building pad. Rationale includes it
is a reasonable request and an appropriate use considering the
abutting use, a public access. It also does not affect the
health, safety, or welfare of the adjacent area. A condition of
the variance is the garage door must. face south and there not be
any access from the east ( Dewitte Avenue) side.
VAHJ- ,7 ti i sJ
PIDt ..tS -tit
CITY OF PRIOR LAKE
APPLICATION FOR VARIANCE
Applicant: : QE rue - 17 ' i Home Phone: Yy0 -.S
Address: le KEn/f -, J• EM work Phone: S9er
Property Gwnec: And Home Phone:
Address: Dbrk Phone:
Type of Ownership: F Contract Purchase Agreenen
Consultant /Contractor: Phone:
Existing Use n - Stg
of Property: ��5 "fT;A� - 5 Fv Present Zoning: StDZA'f?
Proposed Use F I
of Property: l�d�E.Srx7 �SiCIG ia�
Legal Description _ p
of Variance Site: 1)a S+y2JF_ L r(s 3ge'9 ! O /L/ Btk�q y
Variance
Has the applicant previously "sought to plat, rezone, obtain a variance or conditional
use permit on the subject site or any part of it? _Yes _J
What was requested:
When• Disposition•
Describe the type of improvements proposed: J)(A_(,onKGE �Od - ,)N 2 ',.5
SUBMISSION REOUIREMENTS
(A)Completed application form. (B)Filing fee. (C)Property Survey. (D)Certified from
abstract firm, names and addresses of property owners within 100 feet of the
exterior boundaries of the subject property. (E)Complete legal description 6
Property Identification* umber (PID). (F)Deed restrictions or private covenants, if
applicable. (G)A parcel map at V- 20' -50' showing: The site development plan,
buildings: parking, loading, access, surface drainage, landscaping and utility
service.
ONLY COMPLETE APPLICATIONS SHALL BE REVIEWED BY THE PLANNING COP@IISSION.
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 ZLday of G:6t19�J Applicant ignature
S,; nF_
Fee Owners Signature
THIS SPACE IS TO BE FILLED OUT BY THE PLANNING DIRWIOR
PLANNING DOMISSION _ APPROVED _ DENIED DATE OF HEARING
CITY COUNCIL. APPEAL e APPROVED _ DENIED DATE OF HEARING
�NDITICRY�
Signature of the Planning Director Date
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"VA27PN"
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 SEPTEMBER 17, 1992 at 7_45 P.M.
PURPOSE OF HEARING: To consider a front yard variance
request from Joe Martin to construct
a detached 28' x 28 garage.
SUBJECT SITE LOCATION: The subject site is Lots 3 and 4,
part of Lot 1, and part of the
vacated alley Block 29 Spring Lake
Townsite. It is more commonly known
as 3234 Kent Street.
REQUESTED ACTION: encroach into the
twenty five (25) foot front yard
setback to build the proposed
garage. The garage is proposed to
be located eleven (11) feet from the
east front yard property line.
Corner lots have two (2) front yards
and two (2) side yards, but no back
yards. The access is planned from
the existing driveway. See attached
survey for reference.
Detached garages are allowed in
residential areas provided they do
not exceed 832 square feet or the
coverage ratio of the principal
structure, whichever is less.
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: September 11, 1992
4629 Dakota St. Sf_ Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax(612)447-4245
AN EQUAL OPPORTUNnY D&LOYER
"VA28PC"
PLANNING REPORT
SUBJECT: VARIANCE
APPLICANT: BRAD AND MICHELE LEIN
SITE ADDRESS: 3852 PERSHING STREET
PRESENTER: SAM LUCAST, ASSOCIATE PLANNER
PUBLIC HEARING: YES X NO
DATE: SEPTEMBER 17, 1992
SITE ANALYSIS
HISTORY /BACKGROUND
�c e e Lein su m tted a variance request to construct a 14' x
24 home addition. The request is for an eleven (11) percent lot
coverage variance, seven and one half (7.5) foot front yard, and
one (1) foot east side yard variance. The subject site is a 55
x 150 substandard lot of record, containing over 8,300 square
feet of area.
PREVIOUS PROPOSALS:
The applicant constructed a deck in 1987.
PHYSIOGRAPHY:
The s ec site is basically the same elevation from side to
side. However, it slopes from the north to the south almost
enough to be classified as steep. Drainage is directed towrd
the swales and into the street.
ADJACENT USES:
Singe am y residential subdivisions are located to the north,
east, and west of the site. The proposed Westbury Ponds
subdivision is across Pershing Street to the south.
EXISTING CONDITIONS:
T '! applicants share a portion of their driveway with the
neighbor to the west. The applicants park their cars on the
western portion of the subject site on a bituminous surface
which crosses the property line. Currently the applicant has no
garage, but has room in the rear yard for a detached garage. The
addition has no affect on garage location.
There are several significant trees in the rear yard. Two trees
within the proposed building envelope will be moved off site.
The applicant stated they will replace those moved trees and add
4629 Dakota St. S.E., Prior lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447 -4245
AN EQUAL OPPOMUCaTY EMPLOYER
additional landscaping for privacy and aesthetics. Tree
replacement may be a condition of the variance being granted.
NEIGHBORHOOD ISSUES IMPACT CONCERNS
T e area was p at a In a 1920's and contains nearly all
substandard lots of record. Variances are granted because of the
hardship associated with new construction on a substandard lot.
It is even more difficult to add on to an existing house on a
substandard lot without a variance.
The applicant purchased the house after construction began. It
is Staff's understanding they wish to add on space for a living
room, dining room, bedroom, and mud room / entry. The rooms
can realistically only be added to the front of the house because
the bedrooms are in the rear of the house. Also, the topography
raises construction costs significantly for an addition on the
rear of the house. The slope would require much excavation and
an addition in the rear may affect the placement of a future
garage.
The house is set farther back than the minimum twenty five foot
setback. This allows some expansion without a variance. However
that amount would not provide the needed amount of living space
to offset the cost of construction.
The large impervious surface coverage variance is for the surface
installed prior to the adoption of Shoreland Management. The
proposed addition adds 336 square feet of coverage. When
compared to the existing surface coverage of just over 3000
square feet, the addition is minimal.
RECOMMENDATION:
Staff reco approval of a 7.5' front yard, 1' foot east side
yard, and 11 3 lot coverage ratio variance. The hardship is the
substandard lot, the placement of the house on the lot, and the
topography. The request is reasonable when investigating the site
topography and house placement. Granting the variance would not
be detrimental to the he safety, or welfare of the
community. Precedence is established in surrounding
subdivisions platted in the early 1900's where development is
close to property lines because of small lot sizes.
e' - 7-+:
VAY2L-
Applicant• r C1
Address:— IN
Property Owner•
Address: IA, k--
Type of Ownership: F
Consultant/Contractor
Existing Use
of Property :.
Legal Descri•
of Variance
PIDi a5_0 - 0 - -r
CITY OF PRIOR LAKE
APPLICATION FOR VARIANCE
a Ail i C'!1 e!e L P (1 Rome Phone: 44 -7 - 01 9 a
rS in . t _ W Work Phone: yl 7'
Y Arl ) ne:
Work Phone:
ee Contract Purchase Agreement
Lot 3
Zoning: 91-54
sic n
Has the applicant previously sought to plat, rezone, obtain a variance or conditional
use permit on the subject site or any part of it? Yes _?!
What was requested:
When: Disposition:
b
0
SUBMISSION RBOOIREMENIS
(A)Completed application form. (B)Filing fee. (C)Property Suvey 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 6 Property Identification ldmiber
(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 REVIEWED BY THE PLANNING OONNISSION.
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. `Lp-�C' s2
licants Signature
Submitted this I day of 5P t 1991 y l .
f L� �G7P&
Fee Owners Signature
THIS SPACE IS TO BE FILLED OUT BY THE PLANNING DIRECTOR
PLANNING COMMISSION _ APPROVED _ DENIED DATE OF HEARING
CITY COUNCIL APPEAL _ APPROVED _ DENIED DATE OF HEARIM
CONDITIONS•
Signature of the Planning Director
Date
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"VA28PN"
NOTICE OF AR
HEING
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 SEPTEMBER 17, 1992 at 8:00 P.N.
PURPOSE OF HEARING: To consider a seven (7) foot front
yard, one (1) foot side yard, and an
eleven (11) percent lot coverage
variance request from Brad Lein for
a 14' x 24' addition to the existing
house.
SUBJECT SITE LOCATION: The subject site is Lot 35 Green
Heights, more commonly known as 3852
Pershing Street.
REQUESTED ACTION: The applicant is requesting to
encroach 7' into the 25' front yard
setback, 1' into the 10' side yard
setback, and cover an additional 11%
of the lot with impervious surface
beyond the 30% allowed by the Zoning
Ordinance in the Shoreland District.
See attached survey for reference to
the variance application.
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: September 11, 1992
4629 Dakota SL SE., Prior lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
AN EQUAL OPPORTUNrrY EMPLOYER
/� Pk,
"VA26PC"
PLANNING REPORT
SUBJECT: VARIANCE APPLICATION
APPLICANT: HAROLD BOHLEN
SITE ADDRESS: 26 ACRES WITHIN SW 1/4, SW1 /4 OF NE 1/4
SECTION 23.
PRESENTER: HORST GRASER, DIRECTOR OF PLANNING
PUBLIC HEARING: YES X NO
DATE: SEPTEMBER 17, 1992
The Planning Department received a variance application from Mr.
Harold Bohlen of 13380 Hickory Avenue, Prior Lake. The
application requests a variance from Section 5- 4 -1(N) of the
Prior Lake City Code which restricts housing density in the
"Agricultural Conservation Districts located in the rural service
areas defined in the Prior Lake Comprehensive Plan, to four (4)
dwellings per each quarter /quarter section ". The applicant
requests a variance from lot size standards of Section 5 -4 -1,
Conservation Districts which require a minimum 10 acre lot size
and a variance from lot size standards of Section 5 -8 -3
Shoreland District which requires a minimum 2 acre lot size for
property located within the shoreland district of an unsewered,
natural environment lake (Pike Lake). The proposal is to create
5 lots, 4 of which are proposed to be developed with single
family dwellings. The applicant should file a new or amended
application specifically citing the sections of the code he is
requesting a deviation. The subject site is currently vacant.
EXISTING CONDITIONS:
The s ject s to is located in the SW 1/4 of the SW 1/4 of the NE
1/4 of Section 23. The quarter /quarter section contains part of
the plat of Titus 1st Addition, which was annexed into Prior
Lake. The Zoning Ordinance and Comprehensive Plan define a
maximum rxsidential density of 4 units per quarter /quarter
section in the rural service area. Each lot of record is
subject to a building permit. Due to the grandfather status of
the existing lots of record, the density of the quarter /quarter
section will be 7 units. The applicant received a building
permit for the subject lot of record in 1976. The current 26
acre subject site was then separated from the 2 acre building
site. The current application requests 4 additional building
permits for a parcel that is not a lot of record and which was
divided by the applicant after adoption of the rural density
regulation of the Zoning Code in the City of Prior Lake.
The zoning of the subject tract is R -1 Residential, C -1
Conservation and S -D Shoreland District. The minimum lot size in
a C -1 zone is 10 acres and 2 acres in a Shoreland District. The
property is currently planted with alfalfa.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
AN EQUAL OP ORTUNrrY EWLMIR
PLANNING CONSIDERATIONS:
T ere ave een t ree previous applications to increase density
within the Rural Service Area, two of which have been denied.
The Planning Commission determined in 1987, that DuWade Harris of
15220 Howard Lake Road, failed to demonstrate that hardship
existed to grant a variance to increase density and that the
request was inconsistent with the Comprehensive Plan. A similar
finding was made for a separate property owned by Mr. Harris in
1980. The two previous applications demonstrate a clear
precedence for denial of applications that seek to increase
residential density within the rural service area. A third
recent application for William Henning was denied at the Planning
Commission level, for lack of a consensus vote, then approved by
the City Council accordincj to 9 findings of fact used to justify
the granting of one additional building permit to the site.
DISCUSSION:
In the Henning Variance application, the City Council found that
under certain conditions rural density may be increased to
promote fairness and equity and yet maintain consistency with
the comprehensive plan. It Is not the Council's intent to
increase the density around previously approved urban islands of
development in rural districts. The Council was very careful in
the rational used to justify the Henning variance so as not to
establish a precedence inconsistent with plan policy. The review
of this variance should be based on the facts as determined by
the Council in the Henning variance. The facts as recorded in
the City Council minutes on August 17, 1992 are as follows:
1. The majority of the subject quarter /quarter section and
immediate area was previously platted 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 section is urban in character and zoned R -1
single family residential to reflect the higher urban
density.
3. The subject site consists of 15 acres.
The subject site is a residual piece of previously urbanized
property, surrounded by higher density, is urban in character
and abuts the City of Shakopee. The City of Shakopee
provides for a greater density in their rural service area.
The lot size is consistent with the 4 per 40 acres concept
found in the Comprehensive Plan.
The location of the home on the subject site will benefit
future redivision.
The neighborhood is supportive of the variance based on
testimony received on August 3.
8. Under the circumstances it 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.
9. The applicant has agreed to execute and record an Agreement
restricting further issuance of building permits on the
subject site until serviced by sewer and water.
These nine factors define hardship and uniqueness when
considering a deviation from the rural density. By way of
comparison the following issues are raised.
1. The subject site has never been platted and existed as a
single parcel at the time of annexation from Eagle Creek
Township.
2. Both quarter /quarter sections in which the subject site is
located have platted property and is considered to have a
urban type density.
3. This site consists of 26 acres. However, a building permit
had been issued to Mr. Bohlen in 1976 when the minimum lot
size was 10 acres and 500 feet of frontage on a public road.
Mr. Bohlen later divided the 2 acre tract from the larger
site for his homesite.
4. The subject site does not abut Shakopee and is not surrounded
by higher density. The land to the south is in an
agricultural preserve and actively farmed.
5. One building permit for the entire site would be consistent
with the 4 per 40 acre objective of the comprehensive plan
but not 4 as requested.
6. If the parcels as proposed indicate the general location of
future structures, a further analysis is required to make a
determination if there is a benefit. The greatest benefit to
future redivision is not to issue a building permit.
7. The neighborhood may or may not be supportive, it is unknown
at this time.
S. If items 1 -7 hold true then this application would also be as
consistent with the general health and welfare of the
community.
9. The owner may or may not agree to restrict further building
on the entire subject property.
RECOMMENDATION•
This application and the Henning variance have common elements if
this application had requested one building permit versus four.
The Council action was intended to provide some relief to large
tracts of land in quarter /quarter sections with existing urban
density. Had the implementation strategy been 10 acre minimum
lots than the subject site could have two building permits or one
in addition to the one issued in 1976. Under no circumstances
should the applicant receive four building permits as requested.
Although there may be justification to grant one if the applicant
is willing to have it issued to the entire 26 acres. The action
depends on Planning Commission comparison of facts.
o
a
PID* .23�— 13 D / J1 9
Type of Ownership: F
Consultant/Contractor
_Home Phone: -5
_work Phone: S'
_Sane Phone:
Work Phone:
Purchase Agreement
Existing Use '
of Property: 1 -12 Present Zoning
Legal Description
of Variance Site:
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 _,Y_—ND
What was requested:
When: Disposition:
Describe the type of improvements proposed:
SUBMISSION RBDUIRMWS
(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 S LL BE ACCEPTED AND REVIEWED BY ME PLANNING OCIMUSSION.
Th the best of my knowledge the information presented on this form is correct. In
addition, I have read Section 7.6 of the Prior Lake Zoning Ordinance which specifies
requirements for variance procedures. I agree to prom de information and follow the
procedures as outlined in the Ordinance. /7 '9e�7 Q f/J
qq nyyaaaauw uay wac
Submitted this.�day of 19L2
e Diffiers Signature
THIS SPACE IS TO BE FILLED OUT BY THE PLANNING DIRECTOR
PLANNING COMiISSION _ APPRWED _ DENIED DATE OF HEARING
CITY COUNCIL APPEAL APPROVED _ DENIED DATE OF SEARING
CONDITIONS:
Signature of the Planning Director Date
August 26, 1992
City of Prior Lake
Director of Planning
4629 Dakota St. SE
Prior Lake, MN 55372
Attention: Mr. Horst Graser
The applicants, Harold & Judy Bohlen, hereby request a variance on the 8 acres
lying east of Pike Lake Trail in the SW 1/4 of SW 1/4 of the NE 1/4 of Section
23, out of the 26 acres now owned by Harold & Judy Bohlen, to create four 1.85
to 2.15 acre building sites, as shown in (Mxhibit "A "). The size of these
parcels are in accordance and conpatable with the existing home sites to the
north in the Titus Addition.
This property was previously under the jurisdiction of Eagle Creek Township,
and upon becoming under the jurisdiction of Prior Lake, the R -1 zoning was
applied on this property due to the higher density of residential sites
bordering the north line of this property. According to this zoning, 23 sites
could be platted as sham in (exhibit "B "), sites sizes of compatable area of
the Titus Addition.
Zoning on this property is R -1 Suburban Residential and according to the
Zoning Ordinance, the property could be divided into 10,000 square foot lots
with 80 foot widths if sewer is available. Sewer is available according to
the attached letter, dated August 4, 1975, (see exhibit "C "), with the sewer
stubbed into the southwest corner of this property, (see exhibit "D ").
However, applicants are seeking a variance for four 1.85 to 2.15 acre building
sites without sewer, unless the City intends to seek permission from the
Metropolitan Waste Control Commission to hookup. Said parcels would exceed the
residential requirement for Agricultural zoning of 1 acre.
The west side of this property has 660 feet of frontage on Pike Lake Trail,
allowing each parcel 152.5 feet of frontage an a public road, and allow an
easement for a public road to serve the 20 acres to the east for future use.
The adjacent property on the north contains lots consisting in size of 1+ to
4+ acres per lot.
The south property line has a natural buffer in N S P's power line easement
and abuts the Vierling farm which is zoned Agriculture and is currently in
preserve status.
Concerning this request for a variance, according to the Zoning Standards, we
feel we have met the specified requirements;
1. Literal enforcement of the ordinance would result in creating a vacuum
around this property, which is already zoned as residential property and has
not been farmed in twenty years or so, to hold in suspension until such time
as the property to the south is removed from its present preserve status,
which if and when either the City or the owner would choose to remove the
preserve status, that property would remain in preserve status for 8 more
years.
2. circumstances unique to this property is it is situated in an area of
the most northern portion of Prior Lake, abutting a higher density area, is
situated in the only area in the City of Prior Lake that is zoned R -1 that is
not contiguous with existing R -1 zoning and or planned expansion and is
surrounded by natural boundaries on all four sides.
3. This is a residual piece of property that was previously under the
jurisdiction of Eagle creek Township before becoming under the control of the
City of Prior Lake. The City zoned this property R -1 along with the
properties in the immediate area, but restricting the intended use of further
residential properties when all other conditions are available.
4. The variance observes the intent of the ordinance, produces justice and
serves the public interest as rezoning is not required, (the property is
already zoned R -1), is totally isolated by natural buffers, is in total
compatability with the surrounding area, is a good and reasonable use of the
property and would not set a presedence for other properties.
In summary, this property is isolated in a higher density area with natural
buffer areas on all sides, zoned R -1, has sewer available and has 660 feet of
frontage on public roads.
In the alternative, if the Planning Commission is unable to approve the above
variance, we seek to submit an alternate plan consisting of two 4 acre
parcels, (see exhibit "E "), for same reasons as stated above.
sincerely,
Harold & Judy Bohlen
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CITY OF
PRIOR LAKE, MINNESOTA 55372
August 4, 1975
Dear Property Owner:
The Prior Lake Interceptor is proposed to be in-
stalled in your area this year. Arrangements will be
made with the Metropolitan Sewer Board to provide you
with sewer service.
Enclosed are plans showing the routing of the Inter-
ceptor adjacent to your property. Consult your plumber to
determine the best location for your service and indicate
this location in relation to your property corners on
the attached drawing.
This drawing should be returned to the office of
Israelson E Associates, 9100 West Bloomington Freeway,
Suite 185, Bloomington, I4N 55431, the consulting
engineers for the City, as soon as possible as construction
is scheduled to start in the near future. An envelope
with the address is also enclosed.
If more information is required, please call Naeem Qureshi
at 884 -5371.
Yours truly,
Michael A. McGuire
City Administrator
THE CENTER OF LAKE COUNTRY
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r [[ i / ,• of the Township Road in the South half of the South half of. the Southwest
LXi{ /p/ / •E of of the Northeast Quarter (S 1/2 of S 1/2 of SW 1/4 of HE 1/4), all in
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September 4, 1992
Pat Lynch
Department of Natural Resources
1200 Warner Road
St. Paul, MN 55106 -
Dear Pat,
The enclosed information is in regard to a proposed rural
subdivision, part of which is within within the Shoreland
District of Pike Lal;e. The subject site is legally described as
attached. A cop of the variance application and area map
indicating the subject site location are enclosed.
The applicant wishes to divide 26 acres of land into five parcels
as indicated on Exhibit A. The site is located within the Rural
Service Area and as such is not eligible for public sewer and
water. The application is considered a rural subdivision located
within the Shoreland District of Pike Lake and is subject to
standards for unsewered areas of a Natural Environmental Lake.
Those standards require a minimum 2 acre lot size. The proposal
includes two lots consisting of 1.85 acres.
Please review and comment on the enclosed information. The
hearing for this item has been tentatively set for September 17,
1992, at 8:15 p.m. If you have questions or comments regarding
this matter, contact the Planning Department at 447 -4230.
Sincerely :
Il// (2- - Xtut4-0 -0
Deb Garross
Assistant City Planner
Enclosures
4629 Dakota St. S.E., Prior Cake, Minnesota 55372 / Ph. )612) 4474230 / Fax (612) 447 -4245
AN EQUAL OPPORTUNrrY EMPUNER
0 PR
"VA26PN" 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, SEPTEMBER 17, 1992 at 8:15 P.M.
PURPOSE OF HEARING: To consider a variance application for
Harold Bohlen of 13380 Hickory Avenue,
Prior Lake.
SUBJECT SITE LOCATION: Approximately 26 acres of land located
east of Pike Lake Trail and south of
Hickory Avenue. The site is located in
the SW 1/4 of SW 1/4 of the NE 1/4 of
Section 23. See attached map for
reference.
REQUESTED ACTION: The applicant requests variances from
Prior Lake City Zoning ordinance to
develop five lots. The Zoning Ordinance
permits 4 single family homes per
quarter /quarter section (40 acres).
There are currently 4 homes within the
subject quarter /quarter section. The
applicant requests a variance from
Section 4.1M to allow -4 additional units
for a total of 8 dwelling units for the
quarter /quarter section. In addition,
the applicant requests lot size variances
from Section 4.2 which requires a 10 acre
minimum lot size for lots located within
the C -1 Zoning District. The application
proposes 1.85 and 2 acre lot sizes within
the C -1 Zoning District. The applicant
requests variances from Section 9.3A of
the Zoning Ordinance which requires 2
acre minimum lot sizes within the
Shoreland District of Pike Lake. The
application proposes 1.85 acre lot sizes
within the Shoreland District of Pike
Lake.
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: September 10, 1992
4629 Dakota St. S.E.. Prior Lake. Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 447 -4245
AN EQUAL OPPORrUNR EMPLOYER
0 PR lrjk
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"CP02PR"
PLANNING REPORT
SUBJECT: COMPREHENSIVE PLAN AMENDMENT
APPLICANT: CITY OF PRIOR LAKE
PRESENTER: HORST W. GRASER
PUBLIC HEARING: X YES _NO
DATE:
SITE ANALYSIS
INTRODUCTION•
City�is the applicant for two comprehensive plan amendments
(see attached drafts). Both amendments are necessary in order to
satisfy the Metropolitan Council in our effort to gain approvals
for "The Wilds" Golf Course.
BACKGROUND:
Prior Lake's current comprehensive plan dates back to 1981 with
several minor amendments since then. It quickly becomes obvious
to anyone reading this document that it is outdated in terms of
goals and objectives and is deficient in Metropolitan Development
Investment Policy.
The Metropolitan Council requires each community to incorporate
policy consistent with the metro systems of sewers, airports,
parks, roads, and water quality. Local units of governments must
address these systems in terms of conditions appropriate to each
community. The metropolitan development policies are conveyed to
each community via a systems statement. Local governments are
given a time frame in which to bring their plan into compliance.
Noncompliance with systems statement policies usually result in a
confrontation with the Metropolitan Council when a local
comprehensive plan amendment or EAW is being processed. When
Prior Lake submitted the EAW for "The Wilds" to the Metropolitan
Council, leverage was quickly applied to bring our plan into
compliance.
DISCUSSION
Both amendments before you for consideration are considered minor
text amendments. The rural service area policy amendment is
actually correcting an inconsistency between the comprehensive
plan and zoning ordinance. The last paragraph on page 11 of the
comprehensive plan contains strong language and a commitment to
4629 Dakota St. S.E., Prior lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 4474245
AN EQUAL OPPORTUYrfY EMPLOYER
agriculture in the rural service area. The plan suggests that
only agriculture and 4 units per quarter /quarter section should
recreationalouseeandtthereforerinconsistentdwithsthenplan. land
The proposed amendment suggests the rural service area as a
transition area pending land demand. The amendment would
facilitate transitional uses that by nature of their size or
special need provide a vital service to the adjacent urban area.
However, such uses must be able to completely function
independent of urban services. The size of the use is restricted
to facilities which generate less than 10,000 gallons of waste
per day.
The water resource management plan amendment is suggested to be
inserted after the fourth paragraph on ppage 6 of the plan. The
principle issue in this amendment is a commitment to water
quality. The last two lines in the amendment will require Prior
Lake to start using water quality standards found in the
Minnesota Pollution Control Agency manual entitled "Protecting
Water Quality in Urban Areas - Best Management Practices in
Minnesota ".
RECOMMENDATIONS:
this form r an amended
Planning Commission.
Policy I - To foster housing diversity consistent with previously developed
land, all future urban development will be categorized within three density
ranges.
LOW Units 0 - 4 Average 2
Medium 4 - 8
High 8 - 16 12
The upper limits are likely to be possible only within Planned Unit Developments
which have a density bonus option as an inducement to provide variety and
interest in housing as well as to save valuable natural features. Generally
high density housing, limited to three stories above ground, is recommended in
conjunction with existing and proposed shopping areas or along major
transportation routes. Two and three story row houses and apartment buildings
would be possible in these areas. Medium density housing is recommended in
older neighborhoods as well in close proximity to potential employment centers
and along transportation routes. Housing types include duplexes, quad homes,
row or town houses as well as single family dwellings. The low density areas
may include single family dwellings on individual lots as is most of the
construction in Prior Lake but would also be suitable for arty of the above
listed housing types as long as densities remain within the 0-4 unit per acre
range.
Policy 2 - To encourage the preservation of agricultural land, densities within
the agricultural areas shall not exceed four units for each forty acres.
while agricultural land sometimes has been described as open space for adjoining
urban development, it continues to be a vital part of the Prior lake eoorxmw.
The former practice of allowing scattered urban development has sometimes forced
agriculture to retreat long before there is a need for additional residential
lard. This has not yet occurred in the northwest area of Prior Lake and the
agricultural land areas recommended to be preserved are based upon studies by
the local office of the Department of Agricultural Soil Conservation Service.
Based upon expectations of population increase, this agricultural land will
continue to raise crops for the next 30 years. There are indications that
certain land owners would prefer to convert portions of the area to urban
development. However, the basic city policy of encouraging construction where
public services are available need development fill -in to help pay for public
utilities already in service. The benefits to agriculture are that public
services no longer will be extended prematurely and agricultural investments can
be made "with confidence and without uncertainty as to the future of the land.'
The co ptonise made for those locking for a rural life style is to allow
divisions within the agricultural areas of four units per forty acres preferably
on non - tillable land.
11
Policy 5 - Slopes: Whenever possible, slopes of 208 or greater should not be
disturbed and should be retained as private or public open space.
Policy 6 - Pedestrian links: Natural features shall be utilized to the extent
possible as pedestrian links between large recreation facilities to introduce
elements of diversity in residential living and eliminate monotony.
Agricultural production is not profitable because of erosion hazards and the
difficulty in maneuvering large planting, tilling and harvesting equipment in
areas exceeding 208 slope. Residential use is not recommended because of
excessive construction costs both for private structures and public streets.
The slopes are much more valuable as natural separations between areas of
dissimilar land use and as potential green belt links connecting residential
neighborhoods.
The Storm Water Management recommendations for the City duplicate certain areas
already indicated as having unstable soils. Generally, the pording areas
recommended are without outlets or include very limited outlets. Potential
development therefore shall be carefully evaluated in terms of the potential
pollution that may be contributed to these semi - permanent water bodies. One of
the most significant problems with regard to storm water is the widely
fluctuating level of Prior lake. By way of example; Sand Point Beach was
purchased as a community recreation resource during a relatively droughty period
of time. The current level of the lake provides a limited beach which affects
the comfortable recreational capacity of the site. A more critical problem is
that significant numbers of housing units are well within range of flooding.
The flood control ordinance passel by the City Council in 1978 will prevent
future problems for new construction, but existing units are essentially subject
to the creativity of Prior Lake - Spring Lake Watershed District. The discussions
on regulating the level of these lakes during extended periods of heavy rainfall
have not yet provided general agreement on either a policy of implementation
plan.
The analysis of important farmlands in Scott County prepared by the Soil
Conservation Service indicated little prime farmland in Prior Lake. Good
farmland, however, is prevalent throughout the northwest quadrant of the City.
Categories selected for illustration are prime farm lands and farmland of
statewide importance. Prime farmland is land that has the best combination of
physical and chemical characteristics for producing food, feed, forage, fiber
and oil seed crops. Farmlands of statewide importance include soil limitations
which can be overcome when treated and managed according to acceptable farming
methods. The agricultural potential outside of the proposed year 2000 urban
service limits have been included in this report as background for a long range
land use policy where public services are not considered feasible. Generally,
the entire area bounded by the lake, County 21, 42, and 81 are either farmland
of statewide importance or better. Interestingly enough, development pressures
in the past have not extended to this part of Prior Lake. Initially, lakeshore
areas were particularly attractive to individuals and developers and later the
City has followed a policy of encouraging development only in areas served by
public sewer and water. The process of linking urban developments by
"CP0211"
RURAL SERVICE AREA POLICY AMENDMENT
Policy 2 - The rural service area of Prior Lake will serve 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.
While agricultural land sometimes has been described as open
space for adjoining urban development, it continues to be a part
of the Prior Lake economy. Although farming is still the major
land use in the rural areas of Prior Lake, a definite transition
is occurring. The major large land holdings have been purchased
by developers and investors in anticipation of a significant
demand in urban land in the years ahead. The Mdewakanton Sioux
Community is also active in acquiring land adjacent to or close
to the existing reservation land. These areas will continue to
raise crops as a transition use between the rural and urban
environment. The conversion of agricultural land for open space
recreational uses can be a permitted part of the rural service
area as long as they can function economically, physically, and
environmentally independent of urban services. Such uses however
should be planned and designed to facilitate the transition to
urban services. Such uses may include golf courses, stables and
riding academies, and public parks, but in no case shall such
a use generate more than 10,000 gallons per day of waste water.
However, the basic City policy of encouraging construction where
public services are available will be accomplished through a
rural service density of 4 units per quarter /quarter section
preferably an non - tillable land. Prior Lake's rural area policy
is not a preserve for purely agricultural uses but may be
described as a holding zone which permits among other uses, open
space land uses designed for orderly transition to urban
services.
"CP0211"
WATER RESOURCE MANAGEMENT PLAN
The eleven lakes, multiple waterways, wetlands and streams
located within the corporate limits of Prior Lake are the
principle natural resource of the community. The City of Prior
Lake is unique due to the existence of the water bodies which are
an integral component of the history, identification and growth
of Prior Lake. The water bodies provide tremendous
opportunities for water -based recreation and unique residential
environments for people who choose to live in or visit the City.
The recreational use of local water resources has a distinct
economic benefit for local business. The water resources provide
opportunities for people to collectively enjoy a sense of place
and to become part of a greater "Lake Community."
Sound storm water management practices and water quality
standards are paramount in preserving the water oriented
environment of Prior Lake residents. Furthermore, sound water
management practices will not only accrue to the benefits of
Prior Lake residents but the region as a whole. To that end,
Prior Lake will adopt the standards found in chapters 4 and 6 of
the manual entitled "Protecting Water Quality in Urban Areas -
Best Management Practices in Minnesota."