HomeMy WebLinkAbout04 04 1991 Planning Commission agenda packetr-I
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"CELEBRATE PRIOR LAKE'S CENTENNIAL - 1991"
REGULAR PLANNING COMMISSION MEETING
AGENDA
APRIL 4, 1991
7:30 P.M
7:30 P.M
7:30 P.M.
CALL TO ORDER
REVIEW MINUTES OF PREVIOUS MEETING
HEARING VARIANCE BRAD KING
* It:9icates 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 Opportunity /AJfimwtiue Action Employer
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1 "CELEBRATE PRIOR LAKE'S CENTENNIAL - 1991"
PLANNING COMMISSION
MINUTES
MARCH 21, 1991
The March 21, 1991, Planning Commission Meeting was called to
order by Chairman Arnold at 7:30 P.M. Those present were
Commissioners Loftus, Arnold, Wells, Roseth, Associate Planner
Terrie Sandbeck and Secretary Rita Schewe. commissioner
Kedrowski arrived at 7:33 P.M.
ITEM I - REVIEW MINUTES OF PREVIOUS MEETING
MOTION BY WELLS, SECOND BY LOFTUS TO APPROVE THE MINUTES AS
WRITTEN.
Vote taken signified ayes by Loftus, Arnold, Wells, and Roseth.
MOTION CARRIED.
ITEM II - JIM PETERSEN - HOME OCCUPATION PERMIT
Jim Petersen, 3338 Todd Road, stated that he was unaware a home
occupation permit was needed for his sound contractor operation,
Mastercraft Electronics, out of his home. After he was informed
by Jay Scherer, Code Enforcement Officer, who was investigating a
complaint on the business activity, he applied for the permit.
Supplies are kept at a warehouse in Lakeville and phone call
orders only are taken at the residence.
Terrie Sandbeck presented the information as per memo of March
21, 1991. This operation consists of sales, installation and
service of sound equipment, fire alarm, intercom, and nurse call
systems. A small office is located in the basement. There are
three full -time employees, Mr. Petersen, his son Kim, and one
unrelated employee. A phone call from Robert Robbs of 3304 Todd
Road was received by Staff stating he had no objections to the
Home Occupation permit.
Recommendation by Staff is to approve the Home Occupation Permit
as it meets the objective and criteria listed in 5 -5 -8 of the
City Code and does not detract from the neighborhood.
John Beaupre, 3320 Todd Road, stated that he had no objections to
the Home Occupation Permit.
Comments from the Commissioners were; notices sent, growth
potential, and a yearly review.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 447 -4245
An Equal Opportunity /Affirmative Action Employer
PLANNING COMMISSION MEETING MINUTES MARCH 21, 1991 PAGE 2
MOTION BY LOFTUS, SECOND BY KEDROWSKI, TO APPROVE A HOME
OCCUPATION PERMIT FOR MASTERCRAFT ELECTRONICS AT 3338 TODD ROAD
SW, RATIONAL BEING THE OPERATION DOES MEET THE OBJECTIVE AND
CRITERIA LISTED IN CITY CODE 5 -5 -8 AND IS NOT DETRIMENTAL TO THE
HEALTH AND WELFARE OF THE NEIGHBORHOOD AND SHOULD BE REVIEWED ON
AN ANNUAL BASIS.
An amendment to the motion was made by Loftus and seconded by
Kedrowski to, HAVE THE REVIEWAL OF THE HOME OCCUPATION PERMIT AT
STAFF'S DISCRETION.
Vote taken signified ayes by Loftus, Kedrowski, Wells, Arnold and
Roseth. MOTION CARRIED.
ITEM III TIM CONNORS - HOME OCCUPATION PERMIT
Tim Connors, 14113 Ash Circle, stated the he wishes to construct
a 832 square foot garage to use as a pottery studio and workshop.
There would be no deliveries to the residence but he would like
to hold weekend showings for his customers three or four times a
year. The traffic generated by the kiln opening shows would be
the same as garage sale traffic. The studio would not be used for
retail sales as the majority of his sales are through art shows
in the region. He is employed full -time by Pulsar Division of
Seiko an6 considers his pottery as an avocation.
Terrie Sandbeck presented the information as per memo of March
21, 1991. Mr. Connors applied for the Home Occupation Permit on
his own accord. His plans are to construct the garage possibly
this fall. The electric and gas kilns installed would have the
appropriate safety features and the fumes emitted would not be
noxious and there would be very little noise. However, due to
the fact the garage is not as yet constructed, Staff is unable to
anticipate the number of customers attending the showings.
Recommendation from F' aff is to approve the Home Occupation
application for 14113 Ash Circle as it exists toady. The
operation meets the criteria listed in Section 5 -5 -8 of the City
Code and does not detract from the residential character of the
neighborhood. Staff suggests the following conditions:
1. The number of kiln openings be limited to three per year and
traffic kept at a minimum.
2. That the Home Occupation continue to conform to the criteria
outlined in Section 5 -5 -8 of the Prior Lake City Code.
3. Any future changes in the Home Occupation that may have a
detrimental effect upon neighboring residents, or that cause
the operation to be in violation of the ordinance, the Home
Occupation Permit shall then be reviewed.
This permit is site specific and shall not be transferable. The
operation is limited to the home or studio and no outside storage
will be allowed.
PLANNING COMMISSION MEETING MINUTES MARCH 21, 1991 PAGE 3
Sara Krohn, 14179 Ash Circle, obiected to the size of the
proposed building being built, parking concerns, and fumes.
Sandy 1iaycraft, 14156 Ash Circle, read the covenant pertaining to
the neighborhood and listed the conditions on what could or could
not be built.
Tim Connors stated he was unaware of covenant and had not signed
it.
Toni Hanson, 14142 Ash Circle, wanted to know location of
building.
Terry Hanson, 14142 Ash Circle, asked about frequency of delivery
trucks and applicant should move studio to a commercial area.
Bradley Haycraft, 14156 Ash Circle, stated he has no objection to
the building but would like the materials used be the same as the
house, supplies stored inside, no outside employees and time
limit on shows.
Robert Gemelke, 14209 Ash Circle, concerned on safety for
children regarding the kilns being hot when operated.
Comments from the Commissioners were on definition of covenants,
safety for children regarding access to the kilns, would building
be locked, off - street parking availability, fence possibility,
status of business at present time, pottery process, odors,
and limitation on kiln show times.
Commissioner Wells and Arnold stated that the application is for
a Home Occupation permit only and not for the proposed building
and should be dealt with as such.
MOTION BY KEDROWSKI, SECOND BY WELLS, TO APPROVE A HOME
OCCUPATION PERMIT FOR TIM CONNORS AT 14113 ASH CIRCLE WITH THE
FOLLOWING CONDITIONS, 1. THE NUMBER OF KILN OPENINGS BE LIMITED
TO THREE PER YEAR AND TRAFFIC GENERATED BY THESE OPENINGS BE AT A
MINIMUM; IF ANY COMPLAINTS ARE RECEIVED DUE TO THE TRAFFIC, THE
HOME OCCUPATION PERMIT SHALL BE REVIEWED BY THE PLANNING
COMMISSION. 2. THE HOME OCCUPATION CONTINUE TO CONFORM TO THE
CRITERIA OUTLINED IN SECTION 5 -5 -8 OF THE PRIOR LAKE CITY CODE.
VIOLATION OF THIS CODE WILL BE CAUSE FOR REVIEWAL. 3. THE HOME
OCCUPATION PERMIT SHALL BE REVIEWED BY STAFF, EVERY SIX MONTHS
FOR THE FIRST TWO YEARS OF OPERATION.
An amendment to condition number 1 by Commissioner Wells, THE
KILN OPENINGS BE LIMITED TO TWO DAYS, THREE TIMES A YEAR.
Amendment accepted by Commissioner Kedrowski.
Vote taken signified ayes by Kedrowski, Wells, Roseth, and
Arnold. Commissioner Loftus abstained. MOTION CARRIED.
PLANNING COMMISSION MEETING MINUTES MARCH 21, 1991 PAGE 4
Commissioner Roseth commended the City of Prior Lake on receiving
the Star City Award. Commissioner Wells commended Terrie
Sandbeck on an excellent job at this evenings meeting.
MOTION BY ROSETH, SECOND BY KEDROWSKI, TO ADJOURN THE MEETING.
Vote taken signified ayes by Roseth, Kedrowski, Wells, Arnold,
and Loftus. MOTION CARRIED.
Meeting adjourned at 9:00 P.M. Tape of meeting on file at City
Hall.
Terris Sandbeck Rita M. Schewe
Associate Planner Recording Secretary
PRIf
F y "CELEBRATE PRIOR LAKE'S CENTENNIAL - 1991"
v �
PLANNING REPORT
APPLICANT: BRADLEY A. KING, 15271 FAIRBANKS TRAIL
ITEM* 5' EAST SIDE YARD VARIANCE
PRESENTER: TERRIE SANDBECK, ASSOCIATE CITY PLANNER
PUBLIC HEARING: YES X NO
DATE: APRIL 4, 1991
SITE ANALYSIS
History /Background
The su 7ect site is located at 15271 Fairbanks Trail and is
legally described as lot 12 C.O. Hannen's Maple Park Shore Acres
on Prior Lake, Scott County, Minnesota, according to the recorded
plat thereof; and that part of C.O. Hannen's Maple Park Shore
Acres in Section Thirty -five (35), Township one hundred fifteen
(115), North Range Twenty -two (22) West of the Fifth Principal
Meridian on Prior Lake, according to the map or plat thereof on
file and of record in the office of the Register of Deeds in and
for Scott County, Minnesota, described as follows, to -wit: That
part or parcel of land lying and being between what is known as
Lot Twelve (12) in said C.O. Hannen's Maple Park Shore Acres and
the actual Lake shore, which is bounded on the east by extending
east line of lot Twelve (12) to the actual lake shore, and on the
west by the extension of easterly boundary line of Lot Thirteen
(13) to the actual lake shore.
Previous Pro osals:
The ome on this site was constructed in 1930. In 1984, the
previous owners of the home obtained a building permit and a 5'
side yard variance to remove a nine (9) foot porch and replace it
with a 21 x 21 foot addition with both an upper and lower level
to the home. Although the addition extended the outside wall of
the home, it did not bring the home closer to the side property
line than that of the already existing building. This variance
was granted due to this fact, and that the request was consistent
with past policy, and with the general character of the
neighborhood.
Adjacent Uses:
The ah djacent lots are developed with a mixture of styles of
single family homes. The home on the lot along the east lot line
was built in 1989; and the home on the lot along the west side
lot line is a small, older cabin. Both of these lots border the
lakeshore, as does the subject site.
Develoment Summa
Tte a contains 7,500 square feet. It is 50 feet wide along
Fairbanks Trail, and 57.7 feet wide along the lakeshore. The
property is zoned R -1, Urban Residential, and S--D, Shoreland
District. The required setbacks include a 75 foot setback from
the ordinary high water mark (904 elevation), a 25 foot front
yard setback, and a 10 foot side yard setback. The maximum
lot coverage allowed is 308.
4629 Dakota St. S.E., Prior take. Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 447 -4245
An Equal Opportunity /Affnnatim Action Employer
DEVELOPMENT ANALYSIS
Planning Considerations
The proposal is to construct a 17.34 foot by 35 foot deck on the
southwest corner of the home, which does not require a variance;
and a 10.5 foot by 14 foot three season porch next to the deck on
the south side of the home. The construction of this porch would
require a 5 foot side yard variance. (See Appendix A) This
proposal would increase the lot coverage from 113 to 173, which
is well within the Shoreland District's lot coverage limitation
of 303.
The site has a 20 foot slope between the road and the lakeshore.
The west entrance to the home is level with the street, and there
is a walk -out basement to the south. Approximately 8 to 10
vertical feet of material has been excavated from the south side
of the property to achieve the rear walk -out. There are two
retaining walls parallel to the lakeshore. These were probably
installed to provide a relatively flat area for their back yard.
This proposal would add a deck and a three season porch to the
main level of the home on the lakeshore side. This would
increase the King's ability to enjoy the full benefits of their
lakeshore property. The proposed construction will not have a
negative impact upon the view of the lake for the adjacent
properties, as the homes were constructed in line with the 904
contour.
In compliance with Notification Procedures referenced in Section
9.8 of Zoning ordinance 83 -6, the Commissioner of Natural
Resources was notified of the variance application. On March 25,
1991, Pat Lynch, Area Hydrologist for Dakota and Scott Counties,
informed staff that the Department of Natural Resources has no
objections to the proposed construction or approval of the
variance.
However, an inspection of the site revealed erosion problems due
to a lack of ground cover on the lakeshore side of the home.
Gary Staber, the City Building Official, was asked to inspect the
site and recommend adequate protection measures for the lake, as
required by the Shoreland Alterations Section (9.4) of Zoning
Code 83 -6. Mr. Staber recommended immediate correction of the
situation with silt fencing on both levels of the retaining wall
until a permanent ground cover can be established.
Staff has reviewed this proposal in terms of the four variance
standards of the zoning ordinance. (See Appendix B) It is the
ooinion of staff that these requirements are met in this
situation. Since the location of the original home was at a
legal, non - conforming setback, the structure's current location
was not the result of actions by the current homeowners. A 5'
variance to build the porch would help preserve the exterior
conformity of the home, and would not be out of character with
other homes in the neighborhood.
STAFF RECOMMENDATION:
The recommen anon rom staff is to approve the 5' side yard
variance as requested, contingent upon immediate correction of
the erosion problems. Staff recommends that Mr. King be required
to install silt fencing on both levels of the retaining wall
until a permanent ground cover can be established.
The proposed construction would not encroach closer to the
property line than the existing, legal nonconforming setback. In
addition, the chosen location for this porch would preserve the
exterior conformity of the home. The Planning Commission has set
a precedent of approving 5° side yard variances for lots of
substandard size. This request is consistent with past policy,
and would not be detrimental to the general character of the
neighborhood.
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Owner
Type of
Consult
CITY OF PRIQR LAKE
APPLICATION FOR VARIANCE
(I - Oq
PID# BS-U1a- " - 0
Phone: 441- 46'%'4
Phone: S�,J- 4L561
Phone:
Existing Use _� S U
of Property: ooms. Present Zoning:
Proposed Use
of Property: AO h+ S.
Legal Description
of Variance Site; nQ Pr!ll' hrz.�
Variance Requested: �5 )ae
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: —
Whe Disposition:
Describe the type of improvements proposed: Vk cob. "3
SUBMISSION REQUIRQ4EN4PS
(A)Completed 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)Camplete legal description 5 Property Identification Number
(PID) . (E)Deed restrictions or private covenants, if applicable. MA parcel map
at 1 "- 20' -50' showing: The site development plan, buildings: parking, loading,
access, surface drainage, landscaping and utility service.
ONLY ODMPLETE APPLICATIONS SHALL. BE REVIEWED BY THE PLANNING COWISSION.
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.
/ y � o Applicants Signature
Submitted this da of C� 19
Fee Owners Signature
THIS SPACE IS TO BE FILLED OUT BY THE PLANNIN3 DIRMTOR
PLANNING OOMK16SION _ APPROVED _ DENIED / =Jl'IJ DATE OF HEARING
CITY CUUNCIL APPEAL _ APPROVED _ DENIED DATE OF HEARING
CONDITIONS:
Signature of the Planning Director Late
APPENDIX fB
C. Standards: The Board of Adjustment may vary the regulations
of this Ordinance if all of the following requirements are
met:
1. Literal enforcement of the Ordinance would result in
undue hardship with respect to the property.
2. Such unnecessary hardship results because of
circumstances unique to the property.
3. The hardship is caused by provisions of the Ordinance
and is not the result of actions of persons presently
having an interest in the property.
4. The variance observes the spirit and intent of this
Ordinance, produces substantial justice and is not
contrary to the public interest. (Ord. 83 -6)
SOURCE:
PRIOR LAKE ZONING CODE 83 -6
SECTION 7.6
Will hic The company that started an industry.
C MIRAFF"INC
hN TM
SEDIMENTATION CONTROL
Silt Fence Structure
Sib -fence structures are designed for efficient control of sediment
run-off from construction sites. Controlling this run -off, important
as it is to environmental officials. is increasingly advantageous to
engineers and builders Who lace the real costs associated With
site sediment loss. Installed correctly in the field. the sedimenta.
tion control fabric in sill fence structures functions as a filter and
a run -off flow velocity check. Fine - grained sediment is trapped.
while storm Water run -off may pass through at a moderated rate.
Envirofence is the first commercially available, low -cost.
preassembled silt fence structure specifically designed to meet
environmental requirements for construction site control of
segment run -off.
Envirofence Package Features
• Each package is delivered in a preassembled roll approx-
imately 10" in diameter, Weighing 35 pounds. When unrolled,
the unit extends 100 linear feet, with 14 posts pre- positioned
approximately 77 feet apart.
• The sediment Control fabric and reinforcement noting
are stitched together with heavy-duty thread at top and
bottom. To further stabilize the overall structure. the fabric
and the netting are factory stapled securely to each post.
• A rope is Sewn into the top edge of the Envirofence for
reinforcement and to tension the fabric alter installation.
• The top of each post is beveled to resist splitting when
being driven into compacted soil, and the lower end of
each post is tapered to facilitate driving.
• A six -inch flap at the bottom of the Envirofence is used
for toe -m. (Toe -in prevents siltdaden runoff Water from
running beneath the sediment control barrier and over the
ground surface.
The Envirofence sediment Control system offers these
advantages:
• Fast Installation. Reassembled Envirofence is quicker to
install than conventional sill fences which require post to
fabric assembly
• Convenience. Compact Emirofence packages are light-
weight and easy to store. transport, and use.
• Performance. Mirafi' fabric in the Envirofence package is
a highly effective sill retention medium.
• Durability. All Emirofen a Components are designed to
Iasi for one construction season. The labric is UV stabilized
to prevent deterioration from Sunlight. Posts are kiln -dried
hardwood.
• Low Cost. Factory- assembled Envirofence is less expensive
than other separately purchased and field- assembled
silt fences.
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Emilrofence Properties
Property
Unit
Test Mathod
Typical Values'
Grab Strength
lost
ASTM D- 166264+
120
Grab Elongation
ak
ASTM D- 168264
W(Max)
Tiapewill Tear Strength
Ibs
ASTM D- 111760
65
Mullen Burst Strength
psi
ASTM D- 3786-80
280
Cce6. of Permeability. k
cmw,e:
CFMC GET-2
001
Water Flow Rate
gaUmiMF
CFMC GET2
40
Sediment Retention Efficiency
A'o
Vagmre DOH'. VTM-51
75
Slurry FW,v Rate
gaUmlMt
Vagrnla DOH: VTM -51
05
Uliravlol0 Stability
4 p
ASTM G -26°8 0- 168264
90
Envirclence Packaging
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fbu
tenpin
Post
Spanrg
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411
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pn4ade Wues
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•ASfM PIBB2 u ieoe are 250 cyC4f in d Yer Arc c VwalMmmeer (Type aH a
Type CA O.w c,de coreee d 1p2 mi a a IoM Idbrntl oy le mina d IoM wall
waer actin
Package Weight 35 lb, Each package includes: 14 posts. To IN 01,1110 our knw.WP are idomwon oowNd hamn a accuale Howew..
Mtab reC Mmix assn s arrr moolay whna4awr b me =Urec, a osmd aNsi;
Netting Industrial Propylene fabric and Wing (all assembled), tread Falel a rmr
auralron d waabwh me a an, mle
�niolon a material ler IN use
Posts .... Kiln Dried Hardwood andinstrupicns Shippedin a heavy- mnti mplap. d a mar,N, d ire. W wnahe Ina ini es ea use amgn ary oarena
duly black plastic beg. a IN role mponsMM d IM user
Too-in Methods
,Flow
Joining Sections of Emlrolence
Emirotenee Sediment Control System Installation
Emlrolence installation is quick and easy. no special skies or
equipment are required. There are some simple but important steps
to lake to ensure Correct E0Yllslellce installation
• Excaaate8 x 6" trench alongthetowerperimelerof the We
• Unroll Emrlrofenee one section at a time and position posts
against the downstream wan of the trench. Reinforcement
nerving muM be on the downstream side of film direction.
Mirall Inc is the largest geotextile marketing company in North
America whose business focuses totally on a complete line of
gfeotaehnical products for the construction industry.
As "The company that started an industry." Mirali devotes
its research, development, and manufacturing expertise to
designing products that provide sedimentation control. sml
reinforcement, subsurface drainage, and erosion control. Wall
is a recognized leader in developing innovative applications for
its products through close consultation with architects, engineers,
and contractors.
Mirall Inc The company that started an industry.
qV IRAWINC
OMINION TEXTILE group
Mwab'and Er.,otelca ° eretrademarlagvnwby Mialilpc clear M,efilnc
MIRAFI INC P.O. BOX 240967 • CHARLOTTE NC 28224
(704) 523.7477 or (800) 438AM WELEX 216903 MRFI
Poe
SMCm A
sw,or,s
• Oriw post into the ground until the nerving is approximately
2" from the trench bottom.
• Lay the toe-in flap of the fabric in the bottom of me trench.
baCkfill the trench, and tamp the toil. lips-in can also be
accomplished by laying the fabric nap on unlranched ground
and piling and tamping soil over the flap at the base of
the structure .
• Join Envirolenbe sections as shown above.
The Mlnfl Wamnty
Mirali Inc warrants its products t0 be free from defects in material and
workmanship when delivered to Mash a customers. Mirali further
warrants that Its products confarm ro the specifications published in
Mirali'scurremsaleslileralure. Ila Mirali product iadelecliveor does nor
meet Wroublishedspecilieations and ourcustomergiws ndicelo Mirali
below mslatkrg the product. Muaa will replace the product without charge
to our customer or refund the purchase price at Mirefi s election.
Replacing the product or opla in ing a refund are the buyer's able remedy
for a breach. and Mush will not be liable fofanyconsequeraial damage
allribuledlo a defectme product. Thisearramy iaexclusine and in place
of all other warranties expressed or implied and Mirali makes no other
warranty as to i% products.
SC-2
V88
pRIo� A "CELEBR PRIOR LAKE'S CENTENNIAL - 1991"
dIT--IE1
NOTICE OF HEARING
FOR
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:
April 4. 1991 at 7:30 P.M.
PURPOSE OF HEARING: To consider a 5' east side yard
variance for for Bradley King.
SUBJECT SITE LOCATION: 15271 Fairbanks Trail N.E.
See Attached for Legal. Description
REQUESTED ACTION: The applicant is requesting that the
Planning Commission grant a 5' east
side yard variance to build a three
season porch and a deck.
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
March 28, 1991
4629 Dakota St. S.E., Prior lake, Minnesota 55372 / Ph. (612) 447.4230 / Fax (612) 447 -4245
An Equal Opportunity /AJfimtatim Action Employe
r t =,
City of Prior Lake
Application For Variance
Information
U4`1 1'
The Planning Commission meets on the
fjt and third T hurdsay of each month All
applicat mustust c'm
mined 10 days prior to the meeting it will
be considered on.
Ifc�
Applicant: KPr\rL�l \� YY� °i L- r �
- I ]ci Phone: t_ l �
Address: iZ fnvv��J� k� Tr- \L -'�. V,\rci�^
Property Owner: l-_"', lk .r: Phone: Z
Address: r`. r K s F t r✓
Type of Ownership: -Fee Conttrraacct Purchase Agreement
Consultant /Contracto �r ` \ N -�- �> Phone:
Existing Use Present
of Property: A k r � Zoning: Z _
Proposed Use �t Parcel
of Property: No:
Location of r / rr��
Requested Variance: L f li Ct ?) Mill e s M le t &t k j-e A-,e t
Variance 4/ r `, P a /1 (r A o
Requested: -Cf'
Has the applicant previously sought to plat, rezone, obtain a variance or Conditional Use Permit on the subject site or any part
of it?: Nof] YesO
What was requested:
When:
Describe the type of improvements proposed:
Describe the type of undue hardship which exists based upon circumstances unique to the property:
Submission Requirement
(A.)Completed application form. (B.)Filing Fee $ (C.)Cenified from abstract firm, names and addresses of pro-
perty owners within 100 feet of the exterior boundries of the subject property. (D.)Complete legal description.
(E.)Deed restrictions, if applicable. (F.)An area map at 1"- 200' available from the City Engineering Section showing: ex-
isting topograph, utilities, lot boundries, building easements and soil test data if pertinent within 300 feet. (G.)A parcel
map at 1 "- 20' -50' showing: The site devolpment plan, buildings: parking, loading, access, surface drainage, landscaping and
utility service.
The above items shall be submitted unless clearly not applicable and of no value in the review of this request
Only complete applications shall be reviewed by the Board of Adjustments.
Submitted this _ day of 19 l
cams signature
PmaenY Owners signature
If within one year from the date of granting a variance upon recommendation of the Zoning Oficer, substantial progress has
not been made to implement it's purpose, the Board of Adjustments shall declare the variance null and void.
V Al-ll C_
CITY OF PRIOR LAKE
N RIEW
KENNETH ENO - VARIANCE
June 21, 1984
SUBJECT
To consider a 4 foot side yard variance for Lot 12 C.O. Harman's
Maple Park Shore Acres.
15a
STAFF ANALYSIS
The applicant is proposing to remove a 9 foot porch and add a 21 X 21
foot addition to the lakeside of the remaining home. The existing
home has a setback of 6 feet from the east property line. The add-
ition would extend the existing wall but not come closer to the side
property line than the existing building. The adjacent home to the
east is a summer cabin about 4 feet from the common property line.
The subject lot is part of the Maple Park Shore neighborhood consist-
ing of all 50 foot lots. Much of the existing development is at
variance with side and front yard setback requirements. To that ex-
tent the request would be consistent with the character of the
neighborhood. Also, the Planning Commission has by policy granted
at least 5 foot side yard variances for substandard lots.
STAFF RECOMMENDATION
Approve the request since it is consistent with past policy and the
general neighborhood.
(812) M7J230 4029 DAKOTA STREET S.E. P.O. BOX 369 PRIOR LAKE, MINNESOTA 88872
CITY OF PRIOR LAKE
June 21, 1984
The June 21, 1984 meeting of the Prior Lake Planning Commission was
called to order at 7:35 PM by Vice Chairman Felix. Present were Ccmnis-
sioners Roseth, Larson, Loftus and City Planner Graser. Absent was
Chairman Arnold.
The minutes of the previous meeting were reviewed. Motion by Larson
to approve the minutes as presented, seconded by Roseth. Upon a vote
taken, the motion was duly passed.
Item I, Ken Eno request for a 4 foot side yard variance for Lot 12
C.O. Harman's Maple Park Shore Acres. Gleve Eno, Father and Ellen
Eno were present to answer questions.
Cleve Eno camiented that they are requesting a 5 foot variance rather
than the 4 foot as applied for. A survey of the lot was necessary
and after receiving the survey the error was revealed.
City Planner Graser commented per Memo dated June 21, 1984. Also
presenting a letter, Exhibit "A ", from Manny Russo who is requesting
a copy of the survey.
Motion by Roseth to approve the 5 foot side yard variance for Lot
12 C.O. Harman's Maple Park Shore Acres since it is consistent with
past policy and the general health and character of the neighborhood,
seconded by Loftus. Upon a vote taken, the motion was duly passed.
Item II, Bob Boeck request i .)r a 14.5 foot Lakeshore variance for
Lot 3, Fairview Beach. Mr. Boeck was present to answer questions.
Mr. Boeck commented on the small lot and he is trying to stay within
the site line of the surrounding hares.
City Planner Graser commented per Memo dated June 21, 1984.
The Planning Commissioners had concerns over the buildability of the
lot. There are severe problems with traffic maneuverability, steep
terrain for vehicular access, parking and frontage. The lot has been
altered and now has only 27' of frontage on a roadway. Should remain
part of the original building package.
(612) 447.4230 4629 DAKOTA STREET S.E. P.O. BOX 359 PRIOR LAKE, MINNESOTA 55372
)MPANV, INC.
CERTIFICATE OF SURVEY h-"ll
.,. II
I
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I
, � N w m M.E.•
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M�la
L T It
PRIOR LAKE
)MPANV, INC.
CERTIFICATE OF SURVEY h-"ll
�R I (-) 'k HERITAGE COMMUNITY
1891 1991
REGULAR PLANNING 03MMISSION MEETING
AG
APRII, 18, 1991
7:30 P.M. CALL TO ORDER
7:30 P.M. REVIEW MINUTES OF PREVIOUS MEETING
7:30 P.M. HEARING ROME OCCUPATION
• Indicates a Public Hearing
T ?ll.'SC. t
GAIL & SUSAN WARR
All times stated on the Planning Camnission 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
�F PRlp
"CELEBRATE PRIOR LAKE'S CENTENNIAL - 1991"
PLANNING COMMISSION
MINUTES
APRIL 4, 1991
The April 4, 1991, Planning Commission Meeting was called to
order by Chairman Arnold at 7:30 P.M. Those present were
Commissioners Loftus, Kedrowski, Roseth, Assistant City Planner
Deb Garross, Associate Planner Terrie Sandbeck, and Secretary
Rita Schewe. Commissioner wells was absent.
ITEM I - REVIEW MINUTES OF PREVIOUS MEETING
MOTION BY ROSETH, SECOND BY LOFTUS TO APPROVE THE MINUTES AS
WRITTEN.
Vote taken signified ayes by Kedrowski, Loftus, Arnold, and
Roseth. MOTION CARRIED.
ITEM II - BRADLEY KING - SIDE -YARD VARIANCE
Bradley King, 15271 Fairbanks.Trail, stated he is requesting a 5
foot east side yard variance to construct a three season porch
and deck to enjoy the lake and for additional room.
Terrie Sandbeck, Associate Planner, presented the information as
per memo on April 4, 1991. In 1984 a 5 foot variance was for
construction of an addition. The proposed deck and porch
addition would increase the lot ratio from 11% to 17% which is
within the Shoreland District's lot coverage limitation of 30 %.
Two retaining walls have been constructed adjacent to the
Lakeshore. Upon inspection of the site by the Building official,
it is his recommendation that immediate erosion control be
installed until permanent ground cover can be established.
Staff has reviewed this proposal in terms of the four variance
standards of the zoning ordinance and these requirements have
been met. Since the location of the house was at a legal
non - conforming setback, the structure's location was not the
result of the current homeowners nor the City of Prior Lake. The
proposed addition would preserve the exterior conformity of the
home; would not be out of character of the neighborhood nor
encroach closer to the side property line than the legal
non- conformiNg setback of the existing home.
4629 Dakota St. S.E., Prior Lake. Minnesota 55372 / Ph. 1612; 447 -4230 / Fax (612) 447 -4245
An Equal Opportunity /.4Himwtiae Acnon Employer
PLANNING COMMISSION MINUTES MEETING APRIL 5, 1991 PAGE 2
Comments from the Commissioners were that they could see no
problem with the variance only that the erosion problem should be
addressed.
Mr. King stated that as soon as the building is done he would be
sodding the area in question.
MOTION BY KEDROWSKI, SECOND BY LOFTUS, TO APPROVE A 5 FOOT EAST
SIDE YARD VARIANCE FOR 15271 FAIRBANKS TRAIL WITH THE CONTINGENCY
THAT A SILT FENCE BE INSTALLED ON BOTH LEVELS OF THE RETAINING
WALLS UNTIL PERMANENT GROUND COVER IS ESTABLISHED, RATIONAL BEING
THE PROPOSED CONSTRUCTION WILL NOT BE CLOSER TO THE PROPERTY LINE
THAN THE EXISTING LEGAL NON - CONFORMING SETBACK OF THE HOME AND
THE APPLICATION IS CONSISTENT WITH PAST POLICY AND WILL NOT BE
DETRIMENTAL TO THE HEALTH AND WELFARE OF THE NEIGHBORHOOD.
Vote taken signified ayes by Kedrowski, Loftus, Roseth, and
Arnold. NOTION CARRIED.
Discussion followed on the Tim Connors home occupation
that will be appealed before the City Council.
MOTION BY ROSETH, SECOND BY I.OFTUS, TO ADJOURN THE MEETING.
Vote taken signified ayes by Roseth, Loftus, Arnold, and
Kedrowski. MOTION CARRIED.
Meeting adjourned at 8:00 P.M
Hall.
Tape of meeting on file at City
Deb Garross
Assistant City Planner
Rita M. Schewe
Recording Secretary
PRIG�
v "CELEBRATE PRIOR LAKE'S CENTENNIAL - 1991"
v
T
PLANNING RE PORT
SUBJECT Home occupation Permit for G & S Limousine Service
APPLICANT Gail and Susan Wark
SITE: 3364 Fremont Circle NW
DATE: April 18, 1991
INTRODUCTION
The Planning Department has received an application from Gail and
Susan Wark of 3364 Fremont Circle to consider a Home occupation
Permit. Mr. and Mrs. Wark propose to operate G & S Limousine
Service from their residence.
DEVELOPMENT ISSUES
The subject site contains a single family home and is zoned R -1,
Urban Residential, and SD, Shoreland District. The lot is
approximately 15,100 square feet in size. The neighborhood is
comprised exclusively of relatively new single family homes, and
is well maintained. Fremont Circle is completly developed with
eight homes in the cul -de -sac.
STAFF ANALYSIS
Gail and Susan Wark propose to operate G & S Limousine Service.
This would involve the dispatch and operation of two limousines
from their residence. This operation was brought to the attention
of staff through a complaint from a neighbor on March 18, 1991.
The Warks were notified that a Home Occupation Permit was
required in order to continue their operation.
The Wark's would like to operate their limousine service from
their home because of corporate accounts that require them to
leave at a moment's notice. Also, Mr. Wark drives one of the
limousines to his place of employment during the week, and he
would like to have the other remain available for clients. A
gravel driveway has been installed on the west side of the home
to allow the limousines to be backed in, next to the garage, out
of the line of vision of most of the neighbors.
This is a family run operation. The telephone lines are handled
by Mr. and Mrs. Wark, and their son. Their son also assists Mr.
Wark with vacuuming the limousines. Washing and mechanical
service is performed off of the premises.
Although Mr. Wark performs eighty percent (80 %) of the driving
himself, he has three additional drivers subcontracted that may
assist him. The subcontracted drivers are instructed to empty
trash from the limousine's interior prior to returning to the
4629 Dakota St. S.E.. Prior Lake. Minnesota 55372 i Ph. (612) 4474230 / Fax (612) 447 -4245
An Equal Opportunity /AJJirmatire Action Employer
Wark residence, and to close the car doors quietly. Mr. Wark
stated that his drivers are at his residence for a maximum of 15
minutes before and after a job, and seldom return from a job
later than 2:00 A.M.
Most of the operation involves the transportation of corporate
accounts and sales representatives to the airport, lunches, and
business functions. February and March are his most active
months, with requests for transportation to and from the airport
from vacationers. Other than these months, the majority of the
operation's service is performed on week -ends. Although the
service advertises in the Yellow Pages and local newspapers, most
of their requests are from repeat clients and referrals. There
is no exterior signage on the site.
Mr. Wark has discussed his operation with his neighbors, and was
informed that none of them had any problems with it. However,
this operation was brought to the attention of staff due to a
complaint from a member of the neighborhood. The complainant
stated that the Warks were operating a limousine business in a
residential area, but did not state that disruption to the
neighborhood was a reason for the complaint.
This complainant later called staff and informed them that when
the Wark's had only one limousine, it was not a problem; but now
that they have two, it has become a concern that this number may
grow to three or four. The complainant also stated that the
noise from returning limousines is disruptive late at night.
Another member of the neighborhood contacted staff to express
concern that staff would give Mr. Wark a favorable
recommendation. The complainant stated that, although Mr. Wark
claims that he daily drives one of the limousines to his place of
employment, this is not always the case. Often, both limousines
are parked at the residence during the day. It is alleged that
the limousines have been parked in the cul -de -sac up until the
last six or seven months, when they were moved into the driveway.
The safety of neighborhood children was another concern. The
complainant doesn't like having strangers in the neighborhood
(the subcontracted drivers), and was concerned about the
difficulty in backing these long vehicles into the driveway when
children were playing in the cul -de -sac. Finally, there was
concern about the noise produced on summer nights when windows
are open. Neighbors are often awakened by car doors being
slammed and engines being "cranked up ".
This home occupation proposal does not comply with the guidelines
as outlined in Section 5 -5 -8 of the Prior Lake City Code: (See
Appendix A.)
A) Although the three drivers are subcontracted, they provide a
service for the operation. This is contradictory to Section
5 -5 -8 (A), which requires that the number of employees from
outside of the family be restricted to one.
B) The home occupation would not be carried on within the
principal or accessory structures, as required in Section
5 -5 -8 (B). The limousines are stored in the driveway, not in
a structure, when not in use.
C) since the limousines are stored in the driveway, they are an
indication of the home occupation. This is a variation from
the maintaining of the residential character of the principal
structure, as required in Section 5 -5 -8 (C).
D) Two of the neighbors residing in the cul -de -sac have reported
being awakened by the noise produced when drivers return in
the early morning hours. Section 5 -5 -8 (D) references that
objectionable noise must not be produced.
STAFF RECOMMENDATION
Home Occupations may be permitted only if they do not detract
from the residential character of their neighborhood. This
operation does not meet this objective, and fails to comply with
many of the criteria listed in the Home Occupation Ordinance,
Section 5 -5 -8 of the Prior Lake City Code. For these reasons,
the recommendation from staff is to deny the Home Occupation
permit for G i S Limousine Service, 3364 Fremont circle.
H
PID z5
CITY OF PRIOR LAKE
APPLICATION FOR HOME OCCUPATION PERMIT
Applicant:
Address: � 9
Hone Phone:—
Property Owner:
Address: Lh
Hone Phone:—
REQUIREMENTS SUBMISSION (A) Completed application form. (B) Filing Fee.
(C) Names and addresses of abutting property owners. (D) Parcel ID (PID).
ONLY COMPLETE APPLICATIONS SHALL BE REVIUAW 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 Horne Occupations. I agree to provide information and
follow the procedures as outlined in the Ordi e.
Applica is Signature
Submitted this -8- day of V 19
Fee Owners rgnature
THIS SPACE TO BE FILLED OUT BY THE PLANNING DIRECTOR
PLANNING COMMISSION A PPROVED DENIED ' 111 4ZU JIFEWING DATE
CITY COUNCIL APPEAL APPROVED D ENIED HEARING DATE
Conditions:
Signature of the Planning Director Date
Legal Description of Site: Lef 7 hl lsfanol ��f 4i s �/,Jou
Propety Identification Numbe (PIDI: .7.5 -2SR
Present Zoning: fR -1 U2bom &-3&4d
APPENDIX A
SOURCE: Prior lake City Code
5-6-8
5-5-8
5-5-8: HOME OCCUPATIONS, Any home occupation such as an studios,
dressmaking, teaching or the professional office of a physician,
dentist, lawyer, engineer, architect or accountant, may be permitted as on accessory
use If it complies with the requirements of this Section. The Prior Lake Planning
Commission may issue a home occupation permit following a hearing for which
abutting property owners have been notified.
IA) 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.
(8) The home occupation shall be carried on wholly within the principal a
accessory structures.
(C) Exterior displays or signs other than those permitted undo Section 6 -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.
(DI Objectionable noise, vibration, smoke, dust. electrical disturbance, odors,
heat or giant 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.
5-5-8: MANUFACTURED HOMES, Manufactured homes may be located in
an R•4 Mixed Cade Residential District under the following
conditions:
(A) Platted: Development in which the entire parcel is to be divided into
individual lots to be sold separately shall conform to all requirements of the
City for subdivisions as set forth in Title 6 of the Prior Lake City Coda.
(8) Unplatted: Manufactured home parks in which sites will be madeavailable for
rent shall conform to Section 5- •5 -11.
(C) Installation: Approval of manufactured housing developments shall be based
upon installation requirements which require an anchoring and support
system as defined and approved by the Minnesota Department of
Administration, Building Code Division rules for manufactured housing
384
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Gail & Susan Wark I G & S Limousine Service
vE
7766 Fremont Circle
Lot 7 Block 2 Island View 41h Addition
NOTICE OF HEARING
FOR
PROPOSED HOME OCCUPATION PERMIT
You are hereby notified that a hearing will be held by the
Planning Commission in the Prior Lake Council Chambers at 4629
Dakota Street S.E. on:
THURSDAY, APRIL 18, 1991 at 7:30 P.M.
PURPOSE OF HEARING: To consider a home occupation permit
for Gail and Susan Wark.
SUBJECT SITE LOCATION: 3364 Fremont Circle N.W.
Lot 7, Block 2, Island View 4th
Addition
REQUESTED ACTION: The applicants are requesting that
the Planning Commission grant a home
occupation permit so that they may
operate a limousine service from
their residence. This proposal
would permit the dispatch and
operation of two limousines. All of
the responsibilities involved in
of
The Wark's would like to operate
their service from their home, as
they have corporate accounts which
require dispatch at a moment's
notice.
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 Plannin4 Commission. For more information, contact the
Prior Lake Planning Department at 447 -4230.
Prior Lake Planning Commission
April 11, 1991
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447 -4245
An Equal Opportunity /AJJimntiue Action Employer
OF PRI()
"CELEBRATE PRIOR LAKE'S CENTENNIAL - 1991"
�k/ � Mm
"HO04P1"
NOTICE OF PLANNING COMMISSION MEETING CANCELLATION AND
HOME OCCUPATION PERMIT HEARING CANCELLATION
you are hereby notified that the hearing to consider a home
occupation permit for Gail and Susan Wark, 3364 Fremont Circle,
has been cancelled. The Wark's notified the Planning Department
by letter dated April 15, 1991, that they wish withdraw their
permit application to operate a limousine service at their
residence, from the Planning Commission agenda. The applicant
and city staff have set the date of May 15, 1991 whereby the
limousines must be removed from the premises.
Please be advised that the Hearing for a Home Occupation Permit
for Gail and Susan Wark, scheduled before the Prior Lake Planning
Commission at 7:30 p.m., April 18, 1991 has been cancelled.
The Wark home occupation permit was the only item scheduled to be
reviewed by the Planning Commission on April 18, 1991. The
meeting will be cancelled due to the withdrawal of the
application and the fact that no other items are scheduled on the
meeting agenda.
If you have questions about this matter, or need further
information, please contact Terrie Sandbeck, Associate Planner,
Prier Lake Planning Department at 447 -4230.
Prior Lake Planning Commission
April 16, 1991
4629 Dakota St. S.E., Prior Lake. Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 447 -4245
An Equal Opportunity /AfJimnatiue Action Employer
April 15, 1991
Ms. Terri Sandbeck
CITY OF PRIOR LAKE
4629 SE Dakota Street
Prior Lake, MN 55372
Re: Home Occupancy Permit
G 6 S Limousine Service @
3364 Fremont Circle
Dear Ms. Sandbeck,
At this time, we wish to withdraw our appliction for the
above described permit. It appears that with recent
events, and the fact that the city does not recommend
the approval of same, we would be wasting our time to
pursue this any further.
We understand that we have until 5 -15 -91 to remove the
limousines from the above captioned premises, and do intend
to comply with this order. This was decided on in a
conversation between you and Gail Mark on 4- 15 -91.
Any further inquiries can be directed to the above address.
Thank you for your assis 5 t a�n ce -� .. �
Gail 6 Susan Wark
3364 Fremont Circle
Prior Lake, MN 55372
PRIG
y "CELEBRATE PRIOR LAKE'S CENTENNIAL - 1991"
REGULAR PLANNING COMMISSION MEETING
AGENDA
MAY 2, 1991
7:30
P.M.
CALL TO ORDER
7:30
P.M.
REVIEW MINUTES
OF PREVIOUS
MEETING
7:30
P.M.
HEARING
VARIANCE
LOIUS STASSEN
* 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 Opportunity /Affirmative Action Employer
PRI F o4�� y "CELEBRATE PRIOR LAKE'S CENTENNIAL - 1991"
PLANNING COMMISSION
MINUTES
APRIL 4, 1991
The April 4, 1991, Planning Commission Meeting was called to
order by Chairman Arnold at 7:30 P.M. Those present were
Commissioners Loftus, Kedrowski, Roseth, Assistant City Planner
Deb Garross, Associate Planner Terrie Sandbeck, and Secretary
Rita Schewe. Commissioner wells was absent.
ITEM I - REVIEW MINUTES OF PREVIOUS MEETING
MOTION BY ROSETH, SECOND BY LOFTUS TO APPROVE THE MINUTES AS
WRITTEN.
Vote taken signified ayes by Kedrowski, Loftus, Arnold, and
Roseth. MOTION CARRIED.
ITEM II - BRADLEY KING - SIDE -YARD VARIANCE
Bradley King, 15271 Fairbanks Trail, stated he is requesting a 5
foot east side yard variance to construct a three season porch
and deck to enjoy the lake and for additional room.
Terrie Sandbeck, Associate Planner, presented the information as
per memo on April 4, 1991. In 1984 a 5 foot variance was for
construction of an addition. The proposed deck and porch
addition would increase the lot ratio from 118 to 178 which is
within the Shoreland District's lot coverige limitation of 308.
Two retaining walls have been constructed adjacent to the
lakeshore. Upon inspection of the site by the Building Official,
it is his recommendation that immediate erosion control be
installed until permanent ground cover can be established.
Staff has reviewed this proposal in terms of the four variance
standards of the zoning ordinance and these requirements have
been met. Since the location of the house was at a legal
non - conforming setback, the structure's location was not the
result of the current homeowners nor the City of Prior Lake. The
proposed addition would preserve the exterior conformity of the
home; would not be out of character of the neighborhood nor
encroach closer to the side property line than the legal
non- conformiNg setback of the existing home.
4629 Dakota St. S.E., Prior take, Minnesota 55372 / Ph. (612) 447 -4230 i Fax (612) 447 4245
An Equal Opponunity /AJJimatwe Acpoa Employer
PLANNING COMMISSION MINUTES MEETING APRIL 5, 1991 PAGE 2
Comments from the Commissioners were that they could see no
problem with the variance only that the erosion problem should be
addressed.
Mr. King stated that as soon as the building is done he would be
sodding the area in question.
MOTION BY KEDROWSKI, SECOND BY LOFTUS, TO APPROVE A 5 FOOT EAST
SIDE YARD VARIANCE FOR 15271 FAIRBANKS TRAIL WITH THE CONTINGENCY
THAT A SILT FENCE BE INSTALLED ON BOTH LEVELS OF THE RETAINING
WALLS UNTIL PERMANENT GROUND COVER IS ESTABLISHED, RATIONAL BEING
THE PROPOSED CONSTRUCTION WILL NOT BE CLOSER TO THE PROPERTY LINE
THAN THE EXISTING LEGAL NON - CONFORMING SETBACK OF THE HOME AND
THE APPLICATION IS CONSISTENT WITH PAST POLICY AND WILL NOT BE
DETRIMENTAL TO THE HEALTH AND WELFARE OF THE NEIGHBORHOOD.
Vote taken signified ayes by Kedrowski, Loftus, Roseth, and
Arnold. MOTION CARRIED.
Discussion followed on the Tim Connors home occupation
that will be appealed before the City Council.
MOTION BY ROSETH, SECOND BY LOFTUS, TO ADJOURN THE MEETING.
Vote taken signified ayes by Roseth, Loftus, Arnold, and
Kedrowski. MOTION CARRIED.
Meeting adjourned at 8:00 P.M. Tape of meeting on file at City
Hall.
Deb Garross Rita M. Schewe
Assistant City Planner Recording Secretary
`5F P
"VA05PC"
SUBJECT:
APPLICANT:
SITE ADDRESS:
PRESENTER:
PUBLIC HEARING:
DATE:
"CELEBRATE PRIOP LAKE'S CENTENNIAL - 1991"
PLANNING REPORT
VARIANCE APPLICATION
LOUIS STASSEN
16986 DEWITTE AVENUE
DEB GARROSS, ASSISTANT CITY PLANNER
YES X NO
MAY 2, 1991
SITE ANALYSIS
HISTORY /BACKGROUND
The Ping Department has received a variance application from
Louis Stassen of Stassen Construction Inc. The applicant proposes
to build a single family home on the site as per attached survey.
The requested variances are as follows: A 2,900 square foot lot
area variance; 2 foot north side yard and 30 foot south front
yard variance.
PREVIOUS PROPOSALS:
The subject site consists of the the south 71 feet of Lots 11 and
12, Block 31, Spring Lake Townsite. Lots 11 and 12 were
administratively subdivided March 9, 1981 by the City of Prior
Lake. The City and County attempt to reduce direct access to
collector streets whenever possible. The subdivision resulted in
two lots that front and have direct access to Dewitte Avenue
rather than County Road 12.
At the time of the lot line adjustment, drainage and the
location of utility services were of concern to the Engineering
Department. Two conditions of the 1981 approval attached to
the land division concerned submission of plans for drainage and
utility service for both Tracts. The home on northerly Tract B,
was constructed in 1981 and a temporary storm drain was placed
within the easterly part of Tract A to rid Tract B of excess
storm water. Development of Tract A necessitates that the
temporary storm drain be replaced and new facilities be installed
by the applicant, that meet current Engineering specifications.
As previously stated, Tract A contains a temporary storm drain
over the easterly part of the lot. This pipe drains the low
areas located north of the site. The pipe connects to a culvert,
installed under C.S.A.H. 12, which allows storm water to drain
under the highway and out to the Sunset Hills subdivision located
south of C.S.A.H. 12. The applicant is proposing to add several
feet of fill, (approximately three feet), to the site. The
applicant provided, with the variance application, a survey which
4629 Dakota St. S.E., Prior Lake. Minnesota 55372 I Ph. (612) 447 -4230 : Fax (612; 447 4245
An Equal Opportunity Affirrnanue Action Employer
indicates that a 72 foot P.V.C. pipe will be permanently
installed to provide storm water drainage from the low point of
the site to the existing pipe under C.S.A.H. 12. An easement for
storm sewer purposes over the easterly part of Tract A has also
been prepared by the applicant. The home located on Tract B is
connected to sanitary sewer located in C.S.A.H. 12 right -of -way.
The Engineering Department recommends that the applicant provide
a permanent easement to the owner of Tract B for the sanitary
sewer line that runs through Tract A. The applicant has prepared
the legal description for the sewer line and agrees to sign the
appropriate easements.
PHYSIOGRAPHY:
The property is low and relatively flat with the exception of the
slope adjacent to the intersection of Dewitte Avenue and C.S.A.H.
12. There are some trees located adjacent to the westerly
property line however, the proposed development should not
disturb the trees. The site has been the subject of previous
complaints concerning weeds and dumping of yard waste. These
types of complaints are commonly associated with vacant lots in
otherwise developed neighborhoods. There are drainage
considerations that must be addressed prior to development of
this property.
ADJACENT USES:
The adjacent properties have been developed with single family
homes. Noise and debris will likely be a negative influence on
any proposed construction for this lot due to the close proximity
of C.S.A.H. 12. To mitigate some of the negative influences, the
Planning Commission may wish to require that several trees or a
hedge be planted adjacent to C.S.A.H. 12 to provide a buffer for
the residential home.
DEVELOPMENT SUMMARY:
The subject site is zoned R -1 Urban Residential and is located
within the S -D Shoreland District. The property is a lot of
record legally created in March of 1981. However, the
subdivision occurred prior to the current Zoning Ordinance
adopted in 1983 and Shoreland Management regulations adopted in
1987. The minimum lot size requirement for backlots in the
Shoreland District is 10,000 square feet. The subject site
contains 7,100 square feet and is 71 feet wide. The setback
requirement for all structures from a County Road is 85 feet
measured from the centerline of the road. This setback
requirement was established in 1989 and severely restricts
development options for this lot.
DISCUSSION
When all regulations of the Zoning Code are applied to this lot
of record, the resulting building envelope is restricted to a
3'x65' foot area which is non - buildable. The lot was legally
subdivided by the City of Prior Lake in 1981. Subsequent
amendments to the Zoning Code in terms of setbacks and lot area
regulations render this lot non - buildable without variance
approval. The hardship in this case is nor caused by the
property owner but is due to ordinance amendments enacted after
legal subdivision of this lot.
Staff contacted the DNR and Scott County Highway Department
relative to this variance application. The DNR responded by
phone call on 3 -26 -91 and stated that there is no objection to
the granting of the variance as proposed. Scott County Highway
Engineer, Brad Larson, submitted a letter stating that the County
is concerned that this applicant may establish precedent for
future variances and that they would recommend that the garage be
located to the north side of the home to further remove the
driveway from the intersection of C.S.A.H. 12 and Dewitte Avenue.
There are few vacant properties along C.S.A.H. 12 and many
existing structures are located much closer to the highway than
the proposed construction. The driveway location proposed is
approximately 40 feet from the intersection. Relocation of the
garage would place the driveway about 60 feet from the
intersection.
In this case, the useable yard is very small, and traffic on
C.S.A.H. 12 will be a negative influence on the property. In
this case, staff suggests leaving the garage as proposed to
provide some degree of privacy and relief to the property owner
from the negative influences of C.S.A.H. 12. Perhaps the
Planning Commission could require that a turn around be installed
for the driveway to allow forward movement onto Dewitte Avenue
rather than a back up situation. This would, in staff's opinion,
mitigate concerns of the County and provide a better living
environment for the future residents of the home.
RECOMMENDATION:
The recommendation c�ommen nation from staff is to approve the variances as
requested, subject to the following conditions:
All easements required by the City Engineer be signed
and filed prior to release of a building permit for the
site.
The drainage plan be revised as required by the City
Engineer to accommodate drainage from the southwesterly
part of the lot.
A turn around driveway be installed.
Five four foot evergreen trees be planted adjacent to
the southerly property line to provide a buffer between
the home and C.S.A.H. 12.
The site be sodded and appropriate erosion control
mechanisms as required by staff be installed adjacent to
the storm sewer drain.
The hardship in this case is not the fault of the property owner
but is a result of the ordinance. The approval of variances
subject to the conditions outlined above would -meet the spirit
and intent of the code and not be detrimental to the health and
welfare of the community. The approval of this application will
not establish negative setback precedent adjacent to C.S.A.H. 12
and the variances are consistent with actions taken on previous,
similar applications for substandard non- lakeshore lots within
the shoreland district of Prior Lake.
VA q1 --L�
PID# -Iz - ) G - C,
CITY O F PRIOR LAKE
APPLICATION FOR VARIANCE
Applicant
Address:_
Phone: '/- 7 -,P.9?;
Phone:
Address• rQl. IW4 -. - I 'brk Phone: .,
Type of ownership: Feel_ Contract Purchase Agreement
Consultant /Contractor: d %sssP-+ c• '— Phone: _$1�L��.f
Existing Use
of Property: LJfJfAVf _o� Present Zoning:
Proposed Use
of Property:
Leal Description ,
of Variance Site: S'?/ = .d uo MY1.2 ZYncl rii ✓9
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 O X_ No
what was requested:
When: Disposition:
Describe the t ype of irt�5 ovements roposed:
,
S UBMISSION REDUIR211ENFS
(A)Completed 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 s Property Identification Number
(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 C014METE APPLICATIONS SHALL BE REVIEWED BY THE PLANNING OXMISSION.
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 take Zoning Ordinance which specifies
requirements for variance procedures. I agree to provide informat and follow the
procedures as outlined in the Ordinance. --S4i%
Submitted this 9 of /I /.s,2. 19X(
r
Fee Signatur
THIS SPACE IS TO BE FILLED OUT BY THE PLANNING DIRECTOR
PLANNING COMMISSION _ APPROVED _ DENIED DATE OF HEARING
CITY COUNCIL APPEAL _ APPROVED _ DENIED DATE OF HEARING
CONDITIONS:
Signature of the Planning Director Date
{ Vollpy En .1 n® Co., live. _ .� O•. n., Irf .. une
PREPARED FOR
STASSEN CONSTRUCTION
16617 CREEKSIDE CIRCLE SE.
PRIOR LAKE, MN. 53372
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16611 CPEEKSIDE CIRCLE
PRIOR LATE, MN 55372
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SUITE 120 -C , 10070 FRANKLIN TRAIL
FRANKLIN TRAIL OFFICE CONDOMINIUM
PRIOR LAKE, MINNESOTA 50372
TELEPHONE (012) M7 -2070
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C'lie 10th day of April 1091.
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Valley Survey Co., P. Ae
(612) 447 -2570
April 16, 1991
P. 0. Box 478, Suite 1200
18870 Franklin Trail S.E.
Prior Lake, Minnesota 55372
Description prepared for:
Stassen Construction Co.
16617 Creekside Circle
Prior Lake, Minnesota 55372
Re: Storm sewer easement to the city of Prior Lake.
DESCRIPTION:
An easement to construct, operate, maintain and repair a public storm sewer line
over, under and across that part of the south 71.00 feet of Lot 12, Block 31,
Spring Lake Village, Scott County, Minnesota, lying easterly of a line dram
from a point on the south line of said Lot 12, distant 20.00 feet west of the
southeast corner, northeasterly to a point on the north line of said south 71.00
feet distant 7.00 feet west of the northeast corner of said south 71.00 feet and
.there terminating.
Re: Utility easement for Ross.
DESCRIPTION:
An easement to construct, operate, maintain and repair a private sanitary seer
and water service line over, under and across the east 15.00 feet of the north
62.00 feet of the south 71.00 feet of Lot 12, Block 31, Spring Lake Village,
Scott County, Minnesota.
Desc tlon preP���� ^ �
Ronald A. Swanson, Land Surveyor
Minnesota License No. 10183
SCOTT COUNTY
HIGHWAY DEPARTMENT
600 COUNTRY TRAIL EAST
wm _ JORDAN, MN 55352 -9339 (612) 496 -8346
FAX (612) 496 -8365
BRADLEY J. (ARSON
Highway Engineer
DANIEL M. JOBE
Asst Highway Engineer - Design
DON D. PAULSON
Asst. Highway Engineer - Consr,xWn
March 28, 1991
Ms. Deb Garross
Planning Department
city of Prior Lake
4629 Dakota street SE
Prior Lake, MN 55372
9�.
40� 99/
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Re: variance Request
CSAH 12
Louis Stassen
Dear Ms. Garross:
we have reviewed the above referenced Variance Application
from the 85' required highway setback to 55' setback and
offer the following comments:
The setbacks of other houses along the north side of
CSAH 12 in this area appear to meet or exceed the 85'
standard highway setback.
In this particular site, the terrain is flat and future
upgrading of the highway could be accomplished with
less setback. However, other areas along CSAH 12 do
not have a level profile conducive to minimal impact
from future highway upgrading. The point I am trying
to make is: will one variance set a precedent for
other setbacks along this already narrow highway
corridor?
If a variance is allowed, we recommend shifting the
garage location to the northerly side of the house,
thereby moving the driveway further from the
intersection.
An Equal OpportunitylAtArm stiue Action Employer
Ms. Deb Garross
Re: CSAH 12
March 28, 1991
Page 2
Thank you for the opportunity to comment on this issue. If
you have any questions or wculd like any further
information, please contact this office.
Sincerely, ^^••
�11�
Bradley J. a on, P.
County Highway Engineer
BJL /kmg
® � PRI
"CELEBRATE PRIOR LAKE'S CENTENNIAL - 1991"
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11 VA05PN"
NOTICE OF HEARING
FOR
VARIANCE APPLICATION
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, MAY 2, 1991 at 7:30 P.M.
PURPOSE OF HEARING:
To consider a variance application for
Louis Stassen of Stassen Construction
Inc.
SUBJECT SITE LOCATION: 16986 Dewitte Avenue
The south 71 feet of Lots 11 and 12,
Block 31, Spring Lake Townsite. (The
vacant lot located on the northwest
corner of the intersection of 170th
Street and Dewitte Avenue.)
REQUESTED ACTION:
The applicant proposes to build a new
single family home as per attached
survey. There are several variances
being requested in order that the home
may be built as proposed. The required
lot size is 10,000 square feet. The
subject lot contains 7,100 square feet.
Therefore, the applicant is requesting
approval of a 2,900 square foot lot area
variance. The required setback from
170th street is 85 feet measured from the
centerline of the road. The applicant
proposes to build the home 55 feet from
the centerline and therefore requests
approval of a 30 foot south front yard
variance. The required side yard setback
is 10 feet. The applicant proposes to
locate the home 8 feet from the north
side property line and therefore requests
a 2 foot north 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
April 25, 1991
(Date Mailed)
4629 Dakota St. S.E. Prior lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 4474245
An Equal Opportunity /Affirma:iue Action Employer