HomeMy WebLinkAbout1990 May Planning Commission Agenda PacketsMA
REGULAR PLANNING COMMISSION MEETING
AGENDA
MAY 3, 1990
7:30 P.M.
CALL TO ORDER
7 :30 P.M.
REVIEW MINUTES OF PREVIOUS MEETING
7:35 P.M.
HEARING REAR YARD AND LOT SIZE RAVID NELSON
VARIANCE
* 8:00 P.M.
PUBLIC HEARING ZOHM CODE AMFN11314ENT5 STAFF
M ALL40W CLUSTERING OF
RESIDENTIAL DWELLINGS IN
A AGRICULTURAL PRESERVE
8:15 P.M.
HEARING VARIANCE FOR SEC. 4.1N4 MIRE VIERLING
OF ZONING CODE
* Indicates a Public Hearing
All times stated on the Planning Commission Agenda, with the exception of Public
Hearings, are approximate and may start a few minutes later than scheduled.
4629 Dakota St. S.E.. Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447 -4245
PLANNING COMMISSION
MINUTES
APRIL 19, 1990
The April 19, 1990, Planning Commission Meeting was called to
order at 7:30 P.M. by Vice Chairman Roseth. Those present were
Commissioners Loftus, Arnold, Roseth, Wells arrived at 7:50 p.m.,
City Planner Horst Graser, and Recording Secretary Angela
Jaspers.
ITEM I - REVIEW MINUTES OF PREVIOUS MEETING
MOTION BY LOFTUS, SECOND BY ROSETH, TO APPROVE THE MINUTES AS
WRITTEN.
Vote taken signified ayes by Arnold, Roseth, and Loftus. MOTION
CARRIED.
At this time City Planner Graser briefly commented on the City
Council retreat.
ITEM II - DANIEL KING - FRONT YARD VARIANCE
Dan King, 17414 Sunset Trail SW, stated the he needs a 5 foot
front yard variance from the northerly property line to build a
tuck under garage which accesses Fairview Road. The access off
of County Road 81 is a hardship due to the topography.
Horst Graser presented the information as per memo of April 19,
1990. The lot is a substandard lot and there were no objections
from the County or DNR on the variance. Hardship is evident
through the applicant's testimony. Staff would like to see the
applicant work out an arrangement with the shared owner of the
existing driveway to remove the existing driveway and sod that
area. Staff also stated that one phone call from Dorothy
Amundson of Fairview Road was received objecting to the variance
due to paid maintenance of the private road by those already
there and a renter in Mr. King's basement. Staff can support the
variance if the Commissioner's so approve.
Mr. King stated that he would be willing to do his share on the
private road as needed and there never was nor will be a renter
in his basement.
MOTION BY ROSETH, SECOND BY LOFTUS, TO APPROVE A 5 FOOT FRONT
YARD VARIANCE FROM THE NORTHERLY PROPERTY LINE OF LOT 25,
FAIRVIEW BEACH THE LOT IS SUBSTANDARD, HARDSHIP IS APPARENT DUE
TO TOPOGRAPHY AND IT IS NOT DETRIMENTAL TO THE GENERAL HEALTH AND
WELFARE OF THE COMMUNITY OR OUT OF CHARACTER WITH THE
NEIGHBORHOOD.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447 -4245
PLANNING COMMISSION MEETING MINUTES APRIL 19, 1990 PAGE 2
Vote taken signified ayes by Roseth, Arnold and Loftus. MOTION
CARRIED.
ITEM II - BRIAN BRIGHT - FRONT AND SIDE Y ARD VARIANCE
Brian Bright, 17226 Sunset Trail, stated that he needs a 5
foot south side yard and a 43 foot front yard variance from the
centerline of County Road 81 to construct a 21 x 24 foot detached
garage on the easterly side of his property. The proposed
location is the only site which will accommodate an adequate
driveway and parking space.
Horst Graser presented the information as per memo of April 19,
1990. The lot is a substandard lot and there were no objections
from the County or DNR on the variance. Hardship is not the
fault of the applicant. Staff can support the variance if the
Commissioner's so approve.
MOTION BY WELLS, SECOND BY LOFTUS, TO APPROVE A 43 FOOT FRONT
YARD VARIANCE FROM COUNTY ROAD 81 AND A 5 FOOT SOUTH SIDE YARD
VARIANCE FOR 17226 SUNSET TRAIL, THE LOT IS SUBSTANDARD, HARDSHIP
IS NOT THE RESULT OF THE APPLICANT SINCE THE PARCEL WAS PLATTED
IN 1927 AND ANNEXED INTO THE CITY OF PRIOR LAKE IN 1975, IT
OBSERVES THE SPIRIT AND INTENT OF THE ORDINANCE AND WOULD NOT BE
CONTRARY TO THE PUBLIC INTEREST.
Vote taken signified ayes by Roseth, Wells, Arnold, and Loftus.
MOTION CARRIED.
ITEM III - PUBLIC HEARING - AMENDMENTS TO _ZONING ORDINANCE
Public was in attendance for Amendment Number 3 regarding
nurseries as a permitted use in C -1 conservation zones as well as
A -1 zones.
Horst Graser reviewed each amendment with the Commissioners. The
Commissioners commented on each amendment as they were presented.
MOTION BY ROSETH, SECOND BY LOFTUS, TO RECOMMEND TO CITY COUNCIL
PROPOSED AMENDMENTS 1 -4 AND 6 -8 OF THE ZONING ORDINANCE AND CITY
CODE AS PER PUBLIC NOTICE TO THE PRIOR LAKE AMERICAN DATED APRIL
9 AND APRIL 16, 1990.
Vote taken signified ayes by Wells, Roseth, Arnold and Loftus.
MOTION CARRIED.
MOTION BY ROSETH, SECOND BY WELLS, TO CLOSE THE PUBLIC HEARING.
Vote taken signified ayes by Roseth, Loftus, Arnold, and Wells,
MOTION CARRIED.
PLANNING COMMISSION MEETING MINUTEC APRIL 19, 1990 PAGE 3
MOTION BY ROSETH, SECOND BY WELLS, TO ADJOURN MEETING.
Vote taken signified ayes by Wells, Loftus, Roseth, and Arnold.
MOTION CARRIED.
Meeting adjourned at 8:50 P.M. Tape of meeting available on file
at City Hall.
Horst W. Graser Angela Jaspers
Planning Director Recording Secretary
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APPLICANT:
I i'EM:
PRESENTER:
PUBLIC HEARING:
DATE:
HERITAGE COMMUNITY
1891 1991
PLANNING REPORT
DAVID NELSON
VARIANCE APPLICATION
DEB GARROSS, ASSISTANT CITY PLANNER
YES X NO
MAY 3, 1990
SITE ANALYSIS
IW 56�/V
HISTORY /BACKGROUND
ime Planning Department has received a variance application from
David Nelson of 9950 Bennett Place, Eden Prairie. The applicant
is requesting consideration of a 5,000 square foot minimum lot
area variance and 14' rear yard variance for the property located
at 16581 Spring Avenue.
PHYSIOGRAPHY•
T e o is eavily wooded with a mixture of mature trees and
heavy brush. The lot slopes from Spring Avenue down to the
ponding area which is located easterly of the subject site. The
ponding area is not located on the subject site however, there is
a storm sewer easement located along the southerly five feet of
the parcel. The pond contains water year round and is inhabited
by waterfowl and other small animals.
ADJACENT USES:
The Green Heights First Addition neighborhood is fully developed
with single family homes. The subject site is adjacent to an
Outlot which is zoned R -2 Urban Residential and is within the S -D
Shoreland District. The Outlot contains a storm water management
ponding area in the southeasterly corner. Outlot 1 is currently
vacant however, there is potential for the property to be
subdivided and developed with single family or duplex units at
some future date.
PROBLEMS /OPPORTUNITIES:
The sub ect site is a parcel of record that was legally
described prior to May 7, 1973 which is the date of enactment of
the Prior Lake Zoning Ordinance. Therefore, the parcel is
grandfathered according to the Zoning Code and may be used for
the erection of a structure, even though its area and width are
less than the minimum requirements of the current Zoning Code.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 447 -4245
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APPLICANT:
ITEM:
PRESENTER:
PUBLIC HEARING:
DATE:
HERITAGE COMMUNITY
1891 1991
PLANNING REPORT
DAVID NELSON
VARIANCE APPLICATION
DEB GARROSS, ASSISTANT CITY PLANNER
YES X NO
MAY 3, 1990
SITE ANALYSIS
V✓JS7- 4
HISTORY /BACKGROUND
TT e�Fr nFing Department has received a variance application from
David Nelson of 9950 Bennett Place, Eden Prairie. The applicant
is requesting consideration of a 5,000 square foot minimum lot
area variance and 14' rear yard variance for the property located
at 16581 Spring Avenue.
PHYSIOGRAPHY:
The lot is - Heavily wooded with a mixture of mature trees and
heavy brush. The lot slopes from Spring Avenue down to the
ponding aces which is located easterly of the subject site. The
ponding area is not located on the subject site however, there is
a storm sewer easement located along the southerly five feet of
the parcel. The pond contains water year round and is inhabited
by waterfowl and other small animals.
ADJACENT USES:
The Green Heights First Addition neighborhood is fully developed
with single family homes. The subject site is adjacent to an
Outlot which is zoned R -2 Urban Residential and is within the S -D
Shoreland District. The Outlot contains a storm water management
ponding area in the southeasterly corner. Outlot 1 is currently
vacant however, there is potential for the property to be
subdivided and developed with single family or duplex units at
some future date.
PROBLEMS /OPPORTUNITIES:
The subject sitals a parcel of record that was legally
described prior to May 7, 1973 which is the date of enactment of
the Prior Lake Zoning Ordinance. Therefore, the parcel is
grandfathered according to the Zoning Code and may be used for
the erection of a structure, even though its area and width are
less than the minimum requirements of the current Zoning Code.
4629 Dakota St. S.E., Prior lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447 -4245
This parcel is zoned R -2 which is a residential district that
allows single family homes to be built on 6,OOC square foot lots.
However, the property happens to be located within 1,000 feet of
the lake therefore, the overlay shoreland district zone
requirements apply to this lot. The shoreland district overlay
zone requires that all non lakeshore lots contain at least 10,000
square feet of area. The subject site contains only 5,000 square
feet, therefore, a minimum lot area variance is needed in order
for the site to be buildable. The city contains many lots of
similar size which can accommodate small single family homes.
DEVELOPMENT SUMMARY:
The subject site contains 5,000 square feet and is zoned R -2
Urban Residential and S -D Shoreland District. The required
setbacks are 25 feet front and rear yard and 10 feet for both
side yards. The proposal is to locate the structure 11 feet from
the rear yard property line which would require a 14' foot east
rear yard variance.
LANDSCAPING•
T e�reland regulations contain information related to removal
of natural vegetation, grading and erosion control. This site is
heavily wooded and is located adjacent to a ponding area,
therefore, it is important that measures be taken to prevent
erosion and to preserve aesthetics. Clear cutting of vegetation
is prohibited on the lot however, selective removal of trees and
vegetation to accommodate a building envelope would be allowed.
Staff recommends that the applicant submit a detailed grading
plan showing existing and proposed contours at a maximum of 2'
foot intervals.
In addition, substantial trees, consisting of 4 in caliper and
larger, should be indicated on the lot survey. Staff recommends
that each substantial tree that is removed to accommodate the
dwelling, should be replanted, elsewhere on the lot, with a tree
compliant with tree planting standards of the subdivision
ordinance. In addition, the front and side yards should be
sodded in order to minimize soil erosion. Staff recommends that
the applicant provide a restoration plan prior to issuance of a
building permit, which indicates the extent that vegetation will
be removed and the proposed method to establish new vegetative
cover on the lot.
RECOMMENDATION:
The recommen ation from staff is to approve a 14' rear yard
variance and 5,000 s are foot minimum lot area variance for
16560 Spring Avenue subject to the following conditions:
Submission of a grading plan acceptable to staff.
Submission of a restoration plan for removal and
planting of vegetation and trees acceptable to staff.
Literal enforcement of the Ordinance would render the lot
unbuildable which would be a hardship with respect to the
property. The parcel was created prior to annexation into the
City of Prior Lake and is a parcel of record and subject to a
building permit as per Zoning Ordinance Section 4.1C. The
hardship is not caused by the property owner. It is the opinion
of staff that the variance would observe the spirit and intent of
the Ordinance, provided conditions 1 and 2 above are required of
the applicant.
CITY OF PRIOR LAKE
APPLICATION FOR VARIANCE
Applicant: ,OA:/i/s NEd so,y Phone: PAW- -4-2P,4' v M
Address: 93o d'E. Work Phone:
Property Owner: 0/yvi/ /✓dsrow/ H one Phone:
Address: 99so Work Phone:
Type of Ownership: Fee Contract Purchase Agreement v
/BE 0OV*eX 13 KE ✓/N ,80.CGL/b /Ld'a/ s^ C~4 A✓
Existing Use
Of Property: I'AG A.v P
P resent
Proposed Use
Of Property: S /N¢< ` iAMi -e,0'
Legal Description
of Variance Site: So s7P /I /wi
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10/s /T V /p Pio
Variance Requested: LOT 5, 2E
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Zoning:..
/ S< /YOn /lion/
AlAr
Has the applicant previously sought to plat, rezone, obtain a variance or conditional
use permit on the subject site or any part of it? d es ce llo
What was requested:
When: D isposition:
Describe the type of improvements proposed: Si vF L .e F Awa /s -P A/01"t
(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 4 Property Identification Nunber
(PID). (E)Deed restrictions, if applicable. (F)An area map at 1 available
from the City Engineering Section shaving: existing topography, utilities, lot
boundaries, building easements and soil test data if pertinent within 300 feet.
(G)A parcel map at 1 20' -50' showing: The site development plan, buildings:
parking, loading, access, surface drainage, landscaping and utility service.
ONLY COMPLETE APPLICATIONS SHALL, BE REVIEWED BY THE PLANNING COMISSION.
To the best of my knowledge the information presented on this form is correct. In
addition, I have read Section 7.6 of the Prior Lake Zoning Ordinance which specifies
requirements for variance procedures. I agree to provide information and follow the
procedures as outlined in the Ordinance. �� A
Applicants Signature
Submitted this Lday Of � �( 9�0 1
ee Owners Si ture
THIS SPACE IS TO BE FILLED OUT BY THE PLANNIIiG DIRECIOR
PLANNING COfMISSION _ APPROVE _ DENIED DATE OF HEARING
CITY COUNCIL APPEAL _ APPROVE _ DENIED DATE OF HEMM G
CONDITIONS:
f- .I;,
Signature of the Planning Director Date
-- - VIERCfiNG;VARIA CE
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R VSSELL P. DAKLo CERTIFICATE
MtAa. REG. LAND SuRVEY09. OF
SURVEY
Surve for. M2. Q NELS Al I rob No.
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A 50 foot strip of land in Outlot 1, lying northerly and adjacent to Lots 17 and 18, plat of
GREEN HEIGHTS FIRST ADDITION, according to the plat thereof on file and of record in the
office of the County Recorder, in and for Scott County, Minnesota.
I HERESY CERTIFY THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF THE SOUNDARIESOF 56G A60V! ReS L.
VTT COUNTY, MINNESOTA.
SURVEYED 9Y ME THIS_. , 'F 1 ^ DAY OF 40
AWN. AWK N0. /9086
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, MAY 3, 1990 at 7:35 P.M.
PURPOSE OF HEARING: To consider a variance application
for David Nelson.
SUBJECT SITE LOCATION: The vacant 50 x 100 foot lot located
North of 16581 Spring Avenue.
The subject site is legally
described on the attached survey.
REQUESTED ACTION: The applicant wishes to build a
single family home on the parcel.
The minimum lot size requirement is
10,000 square feet. The required
rear yard (East property line)
setback is 25 feet. The applicant
proposes to build a home eleven feet
from the rear property line. In
order to build the home as proposed,
the applicant is requesting a 5,000
square foot minimum lot area
variance and a 14 foot rear 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 23, 1990
4629 Dakota St. S.E.. Pror Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447 -4245
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HERITAGE COMMUNITY
1891 1991
PLANNING REPORT
ITEM:
PRESENTER:
PUBLIC HEARING:
DATE:
ZONING CODE AMENDMENT TO
AGRICULTURAL PRESERVES
HORST GRASER
X YES NO
MAY 5, 1990
SITE ANALYSIS
9�J503 4''
ALLOW CLUSTERING IN
HISTORY /BACKGROUND
The Metropolitan Agricultural Preserves Act was established in
1980 to preserve long -term agricultural areas within the seven
county metropolitan area. Farmland certified eligible for the
program is identified by the Metropolitan Development and
Investment Framework as being located within the commercial
agricultural policy area. This is where Prior Lake has
identified long -term agriculture as the best permanent use of the
land, and where long -term agricultural investments can be made
knowing that development will not destroy or limit these
investments.
The Act attempts to protect metro farmland by placing it on equal
footing with farmland in outstate Minnesota, which for the most
part, is not affected by urban pressures. The Act also places
restrictions on government actions in order to protect farmland.
Special assessments cannot be placed for urban sewer or water
systems and communities are prohibited from annexing neighboring
farmlands unless specific conditions are met.
Prior Lake is responsible for management of the application
process and enforcement of the Act's requirements. One of the
major requirements of the Act is Prior Lake,s adoption of a
Comprehensive Plan with a long -term agricultural zoning
designation. The zoning for all agricultural preserves must
permit no more than one dwelling unit per 40 acres (see Section
4.3 of the Zoning Ordinance).
DISCUSSION•
Prior La a Staff was contacted by Mr. Leo Vierling, the owner of
320 acres directly northeast of the intersection of County Road
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 4474245
42 and Pike Lake Trail, about the possibility of density
transfers. Mr. Vierling's son wants to construct a new home on
the farmstead directly northeast of the County Road 42 and Pike
Lake Trail intersection. However, there is an older existing
house on the 40 acres which under the Act prohibits the
construction of a second home. Staff researched the density
transfer option with the Metropolitan Council and found that it
was possible under certain conditions.
The amendment, if approved would add paragraph C to Section 4.3
allowing density trarsfers using the conditional use permit to
control and record the transfer. The amendment simply gives an
owner that owns two or more contiguous quarter /quarter sections
the option of transferring the density from one quarter section
to a contiguous quarter section.
Only two land owners to date in Prior Lake have taken advantage
of the Agricultural Preserves Act. Therefore this amendment
would be extremely limited in application.
RECOMMENDATION:
s -a -recommends approval of the proposed legislation. In this
case it is specifically aimed at resolving Mr. Vierling's
situation. Under the circumstances the amendment will not be in
conflict with the intent and purpose of the Act and not
contradictory to the Comprehensive Plan.
PUBLIC HEARING TO AMEND THE PRIOR LAKE ZONING ORDINANCE
You are hereby notified that the Prior Lake Planning Commission
will conduct a public hearing on the 3rd day of May 1990 at 8:00
p.m. in the Prior Lake City Council Chambers at 4629 Dakota
Screet SE.
The purpose of the hearing is to consider an amendment to Section
4.3 of the Prior Lake Zoning Ordinance No. 83 -6 and Section 5 -4 -2
of the City Code.
The amendment would add paragraph C to the above referenced
sections allowing by Conditional Use Permit to transfer density
in agricultural preserves between quarter /quarter sections if
under the same ownership. The amendment would read as follows:
(C) Where there are two or more contiguous quarter /quarter
sections under single ownership, the owner may, by
Conditional Use Permit cluster the permitted number of
dwelling units in one quarter /quarter section. All lots
created under this provision must meet all of the other
district requirements, including those for setbacks,
driveway spacing and lot area. One of the conditions of
approval shall be the filing and recording of an
agreement signed by all of the affected property owners,
relinquishing any right to a residential building site
on the quarter /quarter section from which the building
site eligibility has been transferred.
If you desire to be heard in reference to this amendment, then
you should attend this hearing. Both oral and written comments
will be accepted.
For more information contact the City of Prior Lake Planning
De arnt
t W. (, 4629 Dakota Street SE or call 447 -Zvo4230.
Hors GG l ra er
Director of lanning and Zoning
To be published in the Prior Lake American on April 23 and April
30, 1990.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 1 Ph. (612) 447 -4230 / Fax (612) 447 -4245
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X 1891 1991
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APPLICANT:
ITEM:
PRESENTER:
PUBLIC HEARING:
DATE:
PLANNING REPORT
MIKE VIERLING
VARIANCE
HORST GRASER, DIRECTOR OF PLANNING
YES X NO
MAY 3, 1990
SITE ANALYSIS
V71fx a'
HISTORY /BACKGROUND
The Planning Department has received a variance application from
Mike Vierling of 14090 Eagle Creek Avenue. The applicant is
requesting consideration of a variance from Section 4.1 of the
Prior Lake Zoning Ordinance to allow a new single family home to
be built closer than 330 feet from an existing farm house. See
attached materials for reference to this variance application.
PHYSIOGRAPHY:
The subject site is located northeasterly of the intersection of
Pike Lake Trail and County Road 42. There are 320 acres of land
between Pike Lake Trail and Crest Avenue which are designated as
Agricultural Preserve and owned by Leo Vierling. The land is
used for agricultural purposes and contains tillable land and
some small stands of trees. There are several farm structures
located on the quarter /quarter section that contains the subject
site including, a farm house, barns, storage sheds and grain
bins.
ADJACE USES:
The subject site is located in the rural service area. The
property adjacent to the site is open space. There are homes
located in the Maple Hill subdivision which is located
approximately 1/8 mile from the subject site. In addition, there
are some homes which are located adjacent to the shore of Pike
Lake. The proposed building area is located amongst a stand of
Pine trees on the 2.5 acres adjacent to Pike Lake Trail and
County Road 42.
PROBLEMS /OPPORTUNITIES
The subject site iszoned A -1 Agricultural and is located within
the S -D Shoreland District of Pike Lake. There are no other
dwellings located on the 320 acres of Ag Preserve except the farm
house and structures mentioned previously. The proposed subject
site is approximately 90' feet southwesterly of the existing farm
house. The Zoning Ordinance allows up to 4 dwellings per each
quarter /quarter section and specifies that all dwellings be
separated by at least 330 feet from the nearest farm building or
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
from another dwelling. The minimum lot size in the A -1 /S -D
District is 2 acres. The applicant is requesting the Planning
Commission to grant a variance from Section 4.1N4 in order to
build a new single family home approximately 50 feet from a grain
bin. The proposed building envelope is located approximately 90
feet south of the farm house and 50 feet west of the grain bin.
DEVELOPMENT ANALYSIS
:LANNING CONSIDERATIONS:
The farm house was built in 1890 and is not currently occupied.
The proposed single family home can be built in compliance with
all other stipulations of the Zoning Ordinance. However, this
property is also governed by M.S. 473H which allows only one
dwelling unit per 40 acres of Ag Preserve. The Planning
Commission will hold a public hearing prior to consideration of
this application, to consider allowing density transfers from one
40 acre tract to another, in the Ag Preserve districts.
City Attorney, Glenn Kessel is in the process of drafting a
document whereby the applicant would sign a waiver giving up the
right to occupy the farm house pending construction of a new
single family home. The farm house is not currently occupied and
the applicant does not wish to remove the structure. It is the
opinion of staff that Mr. Vierling should sign an agreement
stating that the farm house will not be occupied in the future,
as a condition of approval of the variance from Section 4.1. In
addition, it must be understood that this variance would also be
subject to City Council approval of the amendment to the
Agricultural Preserve regulations of the Zoning Ordinance to
allow housing density transfers from one quarter /quarter section
to another.
COMPREHENSIVE PLAN REFERENCES:
The Comprehensive Plan indicates that this area is planned for
agricultural densities. The overall density of the
quarter /quarter section will not exceed 4 dwelling units. This
application is consistent with the intent of the Comprehensive
Plan.
RECOMMENDATION
The recommendation from staff is that the variance from Section
4.iN4 of the Zoning Ordinance to allow a new single family home
to be built closer than 330 feet to an adjace. farm building be
granted. The variance should be contingent upon the following
conditions:
1. That the applicant sign an agreement with the City of
Prior Lake, not to occupy the farm house for residential
purposes.
2. That the variance be contingent upon City Council
approval of an amendment to the Ag Preserve District to
allow density to be transferred from one quarter /quarter
section to another.
r `• ^ w
Of
Mike Vierling
Contract
PIDi 25 06=D
25- 923 -001 -1
A45 -1884
Phone:___ _
Phone:
Phone:
e Agreement
Existing Use Vacant Land A - 1 S - D
of Property: - -Present Zoning:
Proposed Use - h
of Property
Legal Descr
of Variance
Proposed construction of a sangle F a am one.
SW % of the SE % of Section 2?
Variance Requested: Variance From Zoning Code Section 4.1N4 to construct e
home closer than _ anotno
Has the applicant previously sought to plat, rezone, obtain a variance or conditional
use permit on the subject site or any part of it? -d es � No
What was requested:
When: D isposition:
Describe the type of improvements p ro p ose d : Now Single Family Nome
SUBMISSION EM2UJ829=:
(A)Completed application form. (Wiling 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 6 Property Identification Number
(PID). (E)Deed restrictions, if applicable. (F)An area map at 1• =200' available
from the City Engineering Section showing: existing topography, utilities, lot
boundaries, building easements and soil test data if pertinent within 300 feet.
(G)A parcel map at 1 20' -50' showing: The site development plan, buildings:
parking, loading, access, surface drainage, landscaping and utility service.
ONLY COMPLETE APPLICATIONS SHALL BE REVIEWED BY THE PLANNING COM@ISSION.
To the beat 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. Uli�
Submitted this �Dday of ,�y,� � 9� j Applicants Signwtu�
Fee Owners Si
THIS SPACE IS TO BE FILLED OUT BY THE PLANNING DIRBCIOR
PLANNING COMMISSION _ APPROVE _ DENIED DATE OF BEARING
CITY COUNCIL APPEAL _ APPROVE _ DENIM DATE OF HEARING
CONDITIONS:
Signature of the Planning Director
Date
DESCRIPTION FOR LEO VIERLING
2 -23 -90
The South 430 feet of the West 275 feet of the Southeast Quarter
of Section 23 Township 115, Range 22, Scott County, Minnesota,
Subject to an easement for County Road No. 42 over the southerly
75 feet thereof,
And also subject to road easement for Pike Lake Trail as contained
thereon.
VIERLING, FARM
j SLA'Cx AREA
P/ SE 14 SEC 23 -115 22
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—EXISTING FARM HOUSE
__ == ` , n _ == �� E0= INGLE�AMILY HOM
C.R. 42 —
7
6-4-1
6-4-1
H) 5. The common open space offering b ack lot access Valet include a mkanum water mark and
horizontal provide five feei (51 of I a ad dd6bnal ( depth for oath build We lot up to a muYn+m
of two hundred feet (2007.
(1) Any lot or pawl of lend which is contiguous tc or abutting airy public lakes In
Prior lake may be developed irdo a common beech area c0ntrolled by a
homeowners association. Membership In such an association must be resifted
to persons owning property within the plat from which the common area was
created, provided:
1. A conditional use permit has been issued.
2. Compliance with perm 2 auough 5 of Subsection (H).
(J) Any Principal stnrolure situated on lands comig;ious b a alxbIng wry portion
of the public lakes In Prior lake shall maintain yard esfeacks of aswmy five
feet (7$) from the lake. where structures on eS7uam Its have yard sBWad@
different from these requirements, the minimum "Me& from tlN lake shall be
the average Salbadk of Such adjacent structures to a r1Y11111 m et fifty feet (50).
(K) fast (S the p ildaof-of (Ord. 834.62013 00 a filly
(L) The minimum setback "Women[ for County roads and oolach r areel8 shall
be measured from #19 ci mnfino of the existing traveled roadway. Setback
requirements diner according to the functional d"WMOon Of fin road u
classified M the Prior Lake Compre eneiw Plan. Fran yard saibadre for the
following designated roads Shea be dotsmsrwd as fellows:
Collector Streets: 85 root In patted areas with utWMS: 150 fsr In as rher
area.
County Roads: 85 Net In plrled areas with utWMS: 150 Not In M olttsr
areas
County Road 42: 150 fat In set areas
County Road 18: 250 feet In all area
(Ord. 89.01, 4.3.99)
(M) Densities are based upon the minimum Mt size Indicated In the WA bttowing
subeectlon (0) of this Section. Denudes for attached housing units kw%OV
towmouses, condominiums.. and apedlhelas are based Won she relationship
a� has bea for in th Voss ro8 rot The heed for
t. Oala farm or smarm wow not sawed an
Wa s r
2. The dwNXmq ones ahN W baled Mksy wiWn arts WNM War11r ssa n
an a sepainusy - tszMar oho acre r aasf.
m
5-4 -1
5-4 -1
NI 3. The parcels may ue ps
access from a private road or wnsnt provided
that private f or eaamrhb aawmp sgahaa Panama we eap aresed from
adjacent driveways on the same aids of public road o ■ minimum tithe
- hundred thirty fat =7 No drivewava serving Operate prole NNI M
romitted within three nundred %K 13WI of InkiWoom; or c4matir
win minor artena s and county roads and Deal roads.
4. Al l dwellings shall be 1pareted ot lent three hundred thirty feet (330')
rom t rite~ arm buh m or rom
5. Appliesnip for building permits flap he axompenisd by a registered
Tana tuwey oV pascal, me amg she loubon of proposed dwelling, access
tv a psn:e public roads I stiuetura vn m rasa i
at of e proposed site.
(0) All new housing units must anticipate the furore need for =pension, storage
and /or garage. Toward that end, smillohmily and two-family houses shall be
constructed to that future grapes may be built without variances.
Singis.hmily and twin hones Nall be constructed with any of the following
options:
1. Single level of living specs, plus bserrwnt
2. Two (2) levels of living pace.
3. Single level of living spse, plus ttoreP was or garwa of three hundred
thirty 1330'1 square fish d. M. 624831
(P) Mouses or other structures Nell not be moved into or within the City limits,
however, houses or other structures may be moved out of the City limits. The
site of any structure or house that Is moat out of the City limits must be
bskfilled to match existing graft with tuitsbls matsriala The she Nall be
planted and reclaimed simultaneously with the mow of the structure A permit
to mow the structure Nall be filed with the City in conjunction with a letter
of credit in the amount equal to the cost of bskfillft planting, and
reclaiming the site. Structures in transit may be transported through the City
provided that required permits are obtained from the City prior to trans.
portelion of the structure through the City. Structures; and houses Nall be
moved between the hours of one o'clock 0:001 A.M. and five o'clock (5:00)
A.M. (Ord. 84-08, 4.254)
lase following page for tabled
in
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. MAY 3, 1990 at 8:15 P.M.
PURPOSE OF HEARING: To consider a variance application
for Mike Vierling.
SUBJECT SITE LOCATION: SW 1/4 of the SE 1/4 of Section 23
Approximately 2.24 acres located
along the northeast corner of the
intersection of Pike Lake Trail and
County Road 42.
REQUESTED ACTION: The applicant has proposed to build
a new single family home on his
property. Prior Lake City Ordinance
requires that buildings in the
Agricultural District be located at
least 330 feet apart. Mr. Vierling
proposes to locate the single family
home closer than 330 feet to the
existing farm house on the property.
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, 1990
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 1 Ph. (612) 4474230 I Fax (612) 447 -4245
Loru'EN fJtLSON TfL No. c! -4d 6055 M,y 03.90 16:10 P.02
., .. I. .Y .� .
THIS AGREEMENT, entered into as of this day of ,
1990, by and between Leo Vierling and Helen Ann V3e ng,
husband and wife ( "Landowner "), and the City of Prior Lake, a
municipal corporation ( "City ").
WITNESSETH:
WHEREAS, Landowner is the owner of a tract of land ( "Land ")
in the County of Scott, State of Minnesota, legally described
ae:
The Southwest Quarter, Section 24, Township 115, Range
22, Scott County, Minnesota subject to highway
easements and limited access thereto.
The Southeast Quarter, Section 23, Township 115, Range
22, Scott County, Minnesota subject to highway
easements and limited access thereto.
and
WHEREAS, Landowner entered into a Metropolitan Agricultural
Preserves Restrictive Covenant Agreement with the City, dated
December 29, 1983, and recorded in -Scott County Recorder's
Office on January 5, 1964, at 11:30 a.m., as Document No.
198470, and
WHEREAS, Prior Lake City Code 5 -4 -2 end Minn. $tat. Sec.
473H.17 limits the maximum residential density in agricultural
preserve land in the City to one (1) unit in forty (40) acres,
and
WHEREAS, Landowner has made application to the City for a
building permit for the construction of a residential dwellingg
unit on the Southwest Quarter of the Southeast Quarter of
Section 23, Township 115, Range 22, Scott County, Minnesota,
( "Property ") which Property already contains a residential
structure located thereon, and
WHEREAS, City is preparing a zoning ordinance amendment
transferring the maximum density of residential structures
within Landowner's land in order to Compply with Minn. Stat. Sec.
473H.17, for presentation and approval by the City Council, and
WHEREAS, Landowner has requested and has agreed to be bound
by this restrictive covenant pending approval of the zoning
ordinance amendment.
NOW, THEREFORE, in consideration of receipt of the benefits
of the approval of the requested building permit, provided said
building permit application complies with all City Building Code
and Ordinances, the Landowner on behalf of themselves, their
successore and assigns, agree and covenant as follows:
LOM0EN- NEL�.ON TEL No 612 34J 6055 May 0',9:i 16;2u F.03
Landowner covenants and agrees to permit the occupancy
of only one (1) residential dwelling unit on the Property until
such time as the City zoning ordinance amendment transferring
residential structure density in Landowner's agricultural
preserve property has been duly passed.
2. Landowner covenants and agrees to not sell, lease,
transfer, or permit any person or persons to occupy more than
one residential structure within the Property until ouch time as
the maximum density zoning ordinance amendment has duly passed.
Landowner agrees to take such steps, including taking
appropriate action in the -courts of the State of Minnesota, to
enforce this restrictive covenant agreement upon any occupier of
any residential dwelling unit in violation of this restrictive
covenant.
3. This restrictive covenant shall be binding on the
Landowner or their successors and assigns, and *hall run with
the Land.
4. This restrictive covenant shall be in force and effect
in accordance with Prior Lake City Code 5-4 -2 and in accordance
with Minn. Stat. Chapter 473H and shall remain in effect until
the earlier of:
a. Expiration initiated pursuant to Minn. Stat. Sec.
473X.08 becomes final;
b. Until the agricultural preserve is terminated by
executive order of i:e Governor;
C. Until the land is acquired by eminent domain;
d. Until a city zoning ordinance amendment has been
duly enacted transferring the maximum residential
structure density in accordance with Minn. Stat.
473H.
S. This agreement and restrictive covenant may be enforced
by the City or the State of Minnesota, or by any interested
person, by appropriate action in the courts in the State of
Minnesota.
IN WITNESS WHEREOF, the parties to this agreement have
caused this agreement to be executed as of the day and year
first above written.
F
Eeeo Vierling
R ai n in g
STATE OF MINNESOTA )
) as.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this
day of __, 1990, by Leo Vierling and Helen Ann
Vierling.
Notary Public
CITY OF PRIOR LAKE
B Ity_
s ayor
By aniT agerr
STATE OF MINNESOTA
1 as.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this
day of , 1990, by Lydia Andren, Mayor, and
IIavTd Unmacht, neger, City of Prior Lake.
Notary u c
THIS INSTRUMENT DRAFTED BY:
LOMMEN, NELSON, COLE & STAGEBERG, P.A.
1800 IDS Cantor
80 South Eighth Street
Minneapolis, MN 55402
3
REGULAR PLANNING OJMMISSION MEETING
AGENDA
MAY 17, 1990
7:30 P.M.
CALL TO ORDER
7:30 P.M.
REVIEW MIhMW OF PREVIOUS MEETING
7:35 P.M.
DISCUSSION
PRIORVIEW PUD REVIEW
* 8:00 P.M.
PUBLIC HEARING
SUBDIVISION AH12MMENT
SECTION 6 -6 -9
8:30 P.M.
HEARING
LAKESHORE VARIANCE
* Indicates a Public Hearing
BILL SIMPKINS
STAFF
EUGENE, TOFANELLI
All times stated on the Planning Commission Agenda, with the exception of Public
Hearings, are approximate and may start a few minutes later than scheduled.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
U
P
n �rNN FSO/
HERITAGE COMMUNITY VYf_c _4✓
1891 1991 2091
PLANNING COMMISSION
MINUTES
MAY 3, 1990
The May 3, 1990, Planning Commission Meeting was called to order
by Chairman Kedrowski at 7:30 P.M. Those present were
Commissioners Loftus, Kedrowski, Wells, Roseth, Director of
Planning Horst Graser, Assistant City Planner Deb Garross and
Secretary Rita Scheme. Commissioner Arnold arrived at 8:20 P.M.
ITEM I - REVIEW MINUTES OF PREVIOUS MEETING
A correction to the minutes was made. First paragraph, second
line; meeting was called to order by Vice - Chairman Arnold instead
of Roseth.
MOTION BY LOFTUS, SECOND BY WELLS, TO CORRECT THE MINUTES TO
READ: VICE - CHAIRMAN ARNOLD INSTEAD OF ROSETH.
Vote taken signified ayes by Loftus, Wells, Roseth. Commissioner
Kedrowski abstained as he was not present at the April 19, 1990,
meeting.
ITEM II - DAVID NELSON - REAR YARD AND LOT SIZE VARIANCE
Mr. David Nelson, 9950 Bennett Place, Eden Prairie, MN, stated
that the lot he is planning to purchase located at 16581 Spring
Avenue is only 5000 square feet and the ordinance requires 10,000
square feet, also the applicant is requesting a 14' rear yard
variance. Mr. Nelson wishes to replace trees 6 inches or larger
rather than 4 inches as recommended by Staff due to the fact
that the property is so heavily wooded.
Deb Garross presented information as per memo of May 3, 1990.
The lot is a lot of record located in the Shoreland District and
is an environmentally sensitive wooded lot. Staff recommends
replacement of 4 caliper and larger trees that are removed.
Recommendation from Staff is to approve the 14' rear yard
variance and 5000 square foot minimum lot area variance with the
following conditions, submission of a grading plan and a
restoration plan for removal and planting of vegetation and trees
that is acceptable to Staff.
Comments from the Commissioners were on protection of the
environment, coverage ratio, and replacement of trees from 4 to
6".
4629 Dakota St. S.E, Prior Lake, Minnesota 55372 / Ph. (612) 447 -4230 1 Fa (612) 447 -0245
PLANNING COMMISSION MEETING MINUTES MAY 3, 1990 PAGE 2
MOTION BY KEDROWSKI, SECOND BY WELLS, TO APPROVE A 12' FOOT REAR
YARD VARIANCE AND 5000 SQUARE FOOT MINIMUM LOT AREA VARIANCE FOR
16581 SPRING AVENUE SUBJECT TO THE FOLLOWING CONDITIONS:
1. SUBMISSION OF A GRADING PLAN ACCEPTABLE TO STAFF.
2. SUBMISSION OF A RESTORATION PLAN FOR REMOVAL AND PLANTING OF
VEGETATION AND TREES ACCEPTABLE TO STAFF. THE MAXIMUM NUMBER
OF TREES TO BE REPLACED SHOULD BE BETWEEN 4 AND 6.
RATIONALE BEING THAT THIS WAS A LOT OF RECORD BEFORE 1973 AND THE
HARDSHIP IS CREATED BY THE ORDINANCE AND NOT THE LAND OWNER OR
PROPERTY.
Vote taken signified ayes by Loftus, Kedrowski, Wells, and
Roseth, MOTION PASSED.
ITEM II - PUBLIC HEARING ZONING CODE AMENDMENTS TO ALLOW
CLUSTERING OF RESIDENTIAL DWELLINGS IN AN AGRICULTURAL PRESERVE
Public Hearing called to order at 8:00 P.M. Public was in
attendance.
Mr. Graser presented the information on the Metropolitan
Agricultural Preserves Act which was established to preserve
long -term agricultural land in the metropolitan area. The
addition of paragraph C to Section 4.3 would give an owner the
option of transferring the density from one quarter section to a
contiguous section and will not be in conflict with the intent
and purpose of the Act and not contradictory to the Comprehensive
Plan.
Discussion by the Commissioners followed on the proposed
amendment.
MOTION BY KEDROWSKI, SECOND BY ROSETH, TO APPROVE THE PROPOSED
AMENDMENT C AS FOLLOWS:
(C) WHERE THERE ARE TWO OR MORE CONTIGUOUS QUARTER /QUARTER
SECTIONS UNDER SINGLE OWNERSHIP, THE OWNER MAY, BY
CONDITIONAL USE PERMIT CLUSTER THE PERMITTED NUMBER OF
DWELLING UNITS IN ONE QUARTER /QUARTER SECTION. ALL LOTS
CREATED UNDER THIS PROVISION MUST MEET ALL OF THE OTHER
DISTRICT REQUIREMENTS, INCLUDING THOSE FOR SETBACKS,
DRIVEWAY SPACING AND LOT AREA. ONE OF THE CONDITIONS OF
APPROVAL SHALL BE THE FILING AND RECORDING OF AN
AGREEMENT SIGNED BY ALL OF THE AFFECTED PROPERTY OWNERS,
RELINQUISHING ANY RIGHT TO A RESIDENTIAL BUILDING SITE
ON THE QUARTER /QUARTER SECTION FROM WHICH THE BUILDING
SITE ELIGIBILITY HAS BEEN TRANSFERRED.
Vote taken signified ayes by Roseth, Wells, Kedrowski and Loftus.
MOTION CARRIED.
PLANNING COMMISSION MEETING MINUTES MAY 5, 1990 PAGE 3
MOTION BY LOFTUS, SECOND BY ROSETH TO ADJOURN PUBLIC HEARING.
Vote taken signified ayes by Roseth, Wells, Kedrowski and Loftus.
MOTION CARRIED.
ITEM III - MIKE VIERLING - VARIANCE FROM SECTION 4.1N4 OF ZONING
CODE
Leo Vierling represented his son Mike and answered questions on
the variance application.
Deb Garross presented the information as per memo of May 3, 1990.
The applicant is requesting a variance from Section 4.1N4 to
build an additional house on a 40 acre tract that already has a
house on it and a variance to build 50 feet from an existing
building.
Staff recommendation is to grant the variances with the condition
that the applicant sign an agreement not to occupy the existing
farmhouse until such a time as the City Council approves an
amendment for transfer of density in the Agricultural Preserve
District.
Comments from the Commissioners were on setback requirements
and historical value of house.
MOTION BY KEDROWSKI, SECOND BY WELLS, TO APPROVE THE VARIANCE
FROM SECTION 4.1N4 OF THE ZONING ORDINANCE TO ALLOW A NEW SINGLE
FAMILY HOME TO BE BUILT CLOSER THAN 330 FEET FROM AN ADJACENT
FARM BUILDING CONTINGENT ON THE FOLLOWING CONDITION; THAT THE
APPLICANT SIGN AN AGREEMENT WITH THE CITY OF PRIOR LAKE, NOT TO
OCCUPY THE FARMHOUSE FOR RESIDENTIAL PURPOSES. JUSTIFICATION
BEING 330 FEET WOULD NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE
AND FUTURE RESUBDIVISION EFFORTS OF THE QUARTER /QUARTER SECTION.
Vote taken signified ayes by Roseth, Wells, Kedrowski, Arnold and
Loftus. MOTION ^- ARRIED.
MOTION BY ROSETH, SECOND BY WELLS, TO ADJOURN MEETING.
Vote taken signified ayes by Loftus, Wells, Kedrowski, Roseth,
and Arnold. MOTION CARRIED.
Meeting adjourned at 8:40 P.M. Tapes of meeting available on
file at City Hall.
Horst Graser Rita M. Schewe
Director of Planning Recording Secretary
/F PRtO
v 'P HERITAGE COMMUNITY 9✓J.V✓4
1891 1991 2oy1
s
PLANNING REPORT
ITEM: 90 -04
SUBJECT: SUBDIVISION AMENDMENT SECTION 6 -6 -9
PRESENTER: STEVE HESS
DATE: MAY 17, 1990
INTRODUCTION: The purpose of this memo is to consider an
amendment to Subdivision Ordinance 87 -10,
which will add a new section titled 6 -6 -9.
This section will deal with the placement of
all utilities underground. You will find the
public notice of the amendment attached.
The purpose of this new section is to require
that all utilities into new subdivisions be
placed underground. This is current Staff
policy, but this amendment will make it a
requirement and not allow the exclusion of any
subdivision for any reasons. Paragraph B
will also require that utility lines be placed
underground on subdivisions platted before
adoption of the ordinance, but will be
developed at a latter date. Paragraph C will
require that the existing feeder lines that
service new subdivisions be placed
underground. This paragraph will require the
developers and the utility companies to
develop a plan to place these lines
underground before development begins.
Paragraph D will require utility companies to
obtain a permit from the City Engineer prior
to installing their lines. The City will
require that the lines be placed In the
utility easement instead of the boulevards, as
is now the custom. This permit process will
also require that water stubs in new
developments be run entirely through the
utility easement.
The purpose of this amendment is to beautify
the City in two ways. It will provide an
unobstructed view for the residents of newly
developed subdivisions. It will also allow
for the planting of trees by the City within
the boulevards. The boulevards are now being
used for the placement of public and
semi - public utility lines, plus trees.
Because of the wandering of some utility lines
4629 Dakota St. S.E, Prior Lake, Mimewta 55372 1 Ph. (612) 4474230 / Fax (612) 4474245
there is inadequate room for boulevard trees.
It is also difficult for any one utility line
to receive maintenance because of the
proximity of other public and semi - public
utility lines. This amendment will ensure
adequate space for the trees and for the
placement and the maintenance of all utility
lines.
RECOMMENDATION: Staff recommends adoption of this outlined
amendment to Subdivision Ordinance 87 -10, with
a new Section 6 -6 -9.
HERITAGE COMMUNITY YYJIW -/$
1891 1991 2(91
NOTICE OF SUBDIVISION ORDINANCE AMENDMENT
You are hereby notified that the Planning Commission will hold a
Public Hearing in the Prior Lake City Council Chambers at 4629
Dakota Street S.E. on Thursday, May 17, 1990, at 8:00 P.M.
The purpose of the hearing is to consider an amendment to the
Subdivision Ordinance 87 -10. The proposed amendment is to add
a new section 6 -6 -9, dealing with placement of utilities. The
proposed amendment is as follows:
A. In all new subdivisions all utilities, such as, gas,
electric, communication, and television, but not limited
to, shall be placed underground. All facilities or
other similar associated utility services constructed on
public or private property, shall be placed
underground.
B. On all other property, if the installation of utilities
has not commenced, than all utilities described in
Section A shall be placed underground.
C. All existing utility feeder lines in new subdivisions
shall be placed underground. The utility companies are
responsible for complying with the requirements in
Sections A and B. The subdivider will make any
necessary arrangements with the utility companies for
installation of said facilities.
D. All utility companies installing utilities within public
right of ways must obtain a permit from the City
Engineer prior to the installation of theutility.
If you desire to be heard in reference to this matter, you should
attend this hearing. The Planning Commission will accept oral
and or written comments. If you have any questions regarding
this matter, contact the Prior Lake Planning Department at
447 -4230.
Steve Hess
Associate Planner
City of Prior Lake
To be published in the Prior Lake American on Monday, May 7,
1990.
4629 Dakota St. S.E. Pdot lake. Minnesota 55372 / Ph. (612) 4474230 / fax (612) 4474245
PRO
N E 50/
"VA13PR"
APPLICANT:
ITEM:
PRESENTER:
PUBLIC HEARING:
DATE:
HERITAGE COMMUNITY
1891 1991
PLANNING REPORT
EUGENE AND SANDRA
25 FOOT LAKESHORE
STEVE HESS
YES X NO
MAY 17, 1990
TOFANELLI
VARIANCE REQUEST
'r
SITE ANALYSIS: The Planning Department has received a variance
request rom Eugene and Sandra Tofanelli of 15731 West Avenue.
They are requesting a 25 foot reduction in lakeshore setback
requirements. The legal description of the subject site is Lots
1, 2, and 3 of Point Beautiful. The variance applicants are also
the subject site owners.
HISTORY /BACKGROUND The subject site is currently zoned R -1 /SD,
whichhas�xesliore setback requirements of 75 feet. The site
square footage is approximately 13,400 square feet. The site
currently has a one story home with a drive -in basement garage.
The house was built in 1966.
STAFF ANALYSIS: The Point Beautiful neighborhood was platted
in 1924. The neighborhood was under the Jurisdiction of the
Eagle Creek Township until the City of Prior Lake annexed the
township in 1973. The lots are now substandard, but were not at
the time of platting and annexation. The majority of the homes
were built before annexation. Lots 1, 2, and 3 are on the
northeast end of the point. The subject site is bounded by the
lake on the north and east sides. Because of this, the site
cannot meet the Lakeshore requirement for either the front or
back yards. The site is bordered by Lakefront Park on the south
and by one home on the west side. The existing home is built at
the 910 foot level, which is six feet above the highwater
elevation.
The application is for a living space addition that measures
approximately 20 X 32 The addition would extend within 50
feet of the highwater elevation on the north side of the site.
The addition would be built at the same 910 feet elevation as the
existing home. The addition would require a 25 foot lakeshore
variance under the regulations of the Shoreland management
ordinance.
4629 Dakota St. S.E, Prior Lake, Mime to 55372 / Ph (612) 4474240 1 Fax (612) 44714245
STAFF RECOMMENDATIONS: Staff believes that there is
justification o gran the 25 foot lakeshore variance. The
current home is located within 75 feet of the highwater
elevation. Because of the location of the lake on both sides, an
addition to the back would also be within 50 feet of the high
water elevation. Due to the size and location of the site, the
homeowners combined three lots to approach the current standards
and the intent of the Shoreland District. The east side of the
existing house is within 56 feet of the highwater elevation. The
two neighboring homes have garages that do not meet the lakeshore
requirements and are located very close to the 904. The site
meets the 7500 square feet minimum lot size and the 50 foot lot
width requirements of Section 9.3B1C Shoreland Management
Ordinance. Pat Lynch of the DNR was informed of the application
and had no objections to this variance.
The recommendation of the Staff is to approve the 25 foot
lakeshore setback variance. The Tofanelli site is located on an
irregular shaped lot with a very restrictive building envelope.
The proposal is consistent with the character of the neighborhood
and would not be detrimental to the general health and welfare of
the community.
r r� � ui rs rnl VX q
PIDi
KE
a
ey CITY OF PRIOR LA
U 5 V 4 9 0 APPLICATION POR VARIANCE
a..a 1.....r. Eugene & Sandra Tofanelli (612) 440 -5582
Type of Ownership: F
Consultant/Contractor
Existing Use Residential
of Property: Residential P resent Zonings
Proposed Use
Of Property: Residential
Legal Description
Of Variance Site: Lots 1,2 & 3 of Point Beaut
Variance Requested: Reduction of 75 Ft. lakefront setback to 50 Ft.
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 —L-0
What was requested:
When• D isposition:
Describe the type of improvements proposed: Addition to increase living area
SUBMISSION REDUIREMENIS:
w(A)Canpleted application form. (Wiling 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 i Property Identification Number
(PM). (E)Deed restrictions, if applicable. (F)An area map at 1" 200' available
from the City Engineering Section showing: existing topography, utilities, lot
boundaries, building easements and soil test data if pertinent within 300 feet.
(G)A parcel map at 1 20' -50' shaving: The site development plan, buildings:
parking, loading, access, surface drainage, landscaping and utility service.
ONLY COMPLETE APPLICATIONS SHALL BE P"ISM BY THE PLANNING C 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 ide information and follow the
procedures as outlined in the Ordinance. �-- /
�u/�_ Appli�can� Sa ignature '
Submitted this �aay of a 9/J� 101� �-
Fee Mners Signature T—
THIS SPACE IS TO BE FI I.I.[D OUT BY THE PLANNING DIRECTOR
PLANNING COIMIISSICN APPROVED _ DENIED DATE OF HEARING
CITY COUNCIL APPEAL _ APPROVE _ DENIED DATE OF HEARING
CONDITIONS:
Signature of the Planning Director
Date
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Valley Engineering Co., Inc.
SUITE 120 —C, FRANKLIN TRAIL OFFICE CONDOMINIUM
16670 FRANKLIN TRAIL S.E.
PR10R LAKE, MINNESOTA 55372
TELEPHONE (612)447 -2570
(612)447-3241
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HERITAGE
!891
COMMUNITY 4IYJ:V- ti `
1991 2001
NOTICE OF HEARING
FOR
FRONT YARD VARIANCE
You are hereby notified that a hearing will be held by the
Planning Commission in the Prior Lake Coun it Chambers at 4629
Dakota Street S.E. on:
THURSDAY, MAY 17, 1990 at 8:30 P.M.
PURPOSE OF HEARING: To consider a variance application for
Eugene Tofanelli.
SUBJECT SITE LOCATION: 15731 West Ave. S.E.
Lots 1,2 and 3 of Point Beautiful
REQUESTED ACTION: The applicant wishes to build an addition
to the existing home. The required
lakeshore setback is 75 feet. The
applicant is requesting that the
Planning Commission will grant a 25 foot
lakeshore variance in order to build the
addition.
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
May 7, 1990
4629 Dakota St. S.E, Prior fake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 447 -4245