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HomeMy WebLinkAbout1990 November Planning Commission Agenda Packetsr • -. rn P .f"�^..V ESn�/ 7:30 P.M. 7:30 P.M. 7:35 P.M. * 7:45 P.M. HERITAGE COMMUNITY 1891 1991 RWULAR PLANNING 07MMISSION MEETIEIG AGENDA NOVEMBER 1, 1990 RWIEW MINUrES OF • US MEErI HEARING VARI FJBLIC HEARING ZON13G ORDINANCE 8:00 P.M. HEARING. 8115 P.M. HEARING * Indicates a Public Hearing TED MORRIS SffAPF DAVE WRINGER JOEL PIETIG All times stated on the Planning Camnission 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) 447 -4230 1 Fax (612) 4474245 fn t� COMMUNITY Tffjx.I 1991 w91 PLANNING COMMISSION MINUTES OCTOBER 18, 1990 The October 18, 1990, Planning Commission Meeting was called to order by Chairman Kedrowski at 7:30 P.M. Those present were Commissioners Loftus, Kedrowski, Roseth, Director of Planning Horst Graser, Associate Planner Steve Hess, and Sezretary Rita Schewe. Absent were Commissioners Wells and Arnold. ITEM I - REVIEW MINUTES OF PREVIOUS MEETING MOTION BY LOFTUS, SECOND BY ROSETH, TO APPROVE THE MINUTES AS WRITTEN. Vote taken signified ayes by Kedrowski, Loftus, and ROSeth. MOTION CARRIED. Commissioner Arnold arrived at 7:33 P.M. ITEM II - PATRICK FLANAGAN - VARIAN FROM S.T.H. HWY 13 R -O -W Patrick Flanagan, 15480 Omega Trail, stated he is requesting a 39 foot front yard variance from the right -of -way line of Highway 13 to construct a 22 X 36 garage. The applicant feels since his property is bordered on one side by Highway 13 and on the other by Omega Trail, he is limited in a building site for a garage. He would not construct a structure that would be offensive to the public and is planning to erect a fence and plant trees to landscape the area. If the garage was built closer it would compromise his open space. Horst Graser presented the information as per memo of October 18, 1990. The lot is a large triangular shape lot of 1.89 acres. It is heavily wooded and has a ponding area in one corner. The home on the lot has an attached single car garage. The Highway 13 corridor is used extensively by the public and the view should be of the highest quality. Mr. Graser reported that a letter from William Warden of MNDOT was received stating they had no objections but there were no comments from the DNR. Staff feels that the hardship is caused by the applicant and an alternative site should be considered. The application would be detrimental to the health and welfare of the public and would set a precedent for building structures within close proximity to the highway. 4629 Dakota St. S.E., Prim Lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 447 -4245 PLANNING COMMISSION MEETING MINUTES OCTOBER 18, 1990 PAGE 2 Recommendation of the Staff is to deny the application as submitted but an alternative proposal would be considered. Marlis Bluedorn wanted to speak on an issue indirectly related to the application. Ms. Bluedorn was asked to wait until the application for Mr. Flanagan was finished and the Commissioners would hear her. Comments from the Commissioners were on the right -of -way of Highway 13, location of driveway, hardship validity, alternative plan, and should not grant over 508 variance. Mr. Flanagan suggested attaching the garage to the rear of the house. MOTION BY LOFTUS, SECOND BY ARNOLD, TO GRANT A 25 FOOT FRONT YARD VARIANCE FROM HIGHWAY 13 RIGHT -OF -WAY FOR 15480 OMEGA TRAIL. RATIONALE BEING THAT THE HOME WAS BUILT BEFORE THE HIGHWAY WAS CONSTRUCTED, THE HIGHWAY LOCATION CREATED A HARDSHIP FOR IMPROVEMENTS TO THE PROPERTY AND THE REDESIGN OF THE STRUCTURE WOULD NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE OF THE COMMUNITY. Vote taken signified ayes by Loftus, Arnold, Kedrowski and Roseth. ITEM III - DAVE AURINGER - LAKESHORE & FRONT YARD VARIANCE Mr. Graser stated that Dave Auringer requested the hearing for his variance be continued for two weeks to allow him additional time to address his variance. HeQ ing was rescheduled for November 1, 1990, at 7:35 P.M. Marlis Bluedorn, 15290 Fish Point Road SE, stated that her name is on record as the fee owner of the property underlying Omega Trail and that she wants her name removed. Efforts were made to rectify the situation. ITEM IV - VAN -SMITH BUILDERS - LAKESHORE BUILDERS Joe Van Den Boom representing Van -Smith Builders of 5350 Carriage Hill Road, stated their client of 4688 Lord's Street wishes to add a two story three season porch to an existing home and is requesting a 26 foot north side lakeshore variance and a 15 foot south side lakeshore variance. The sketch of an additional deck around the porch was inadvertently left off of the application. After some discussion, it was decided to proceed with the variance as presented and reapply for an additional variance if the client wishes to build the deck. Steve Hess presented the information as per the memo of October 18, 1990. The lot is located on an island peninsula with water on three sides. The area is steep and the building envelope is limited thereby causing a hardship. Recommendation from Staff is to grant the variances as requested. PLANNING COMMISSION MEETING MINUTES OCTOBER 18, 1990 PAGE 3 Consensus from the Commissioners were in agreement with the application and a hardship is evident due to irregular lot shape and the legal nonconforming setback of the existing home. MOTION BY LOFTUS, SECOND BY ROSETH, TO GRANT A 15 FOOT SOUTH SIDE LAKESHORE VARIANCE AND A 26 FOOT NORTH SIDE LAKESHORE VARIANCE FOR 4688 LORD'S STREET, RATIONALE BEING IT WOULD NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE OF THE COMMUNITY AND IS CONSISTENT WITH PAST LAKESHORE VARIANCE REQUESTS AND A HARDSHIP IS EVIDENT DUE TO LOT SHAPE AND LOCATION AT THE END OF A PENINSULA. Vote taken signified ayes by Loftus, Roseth, Arnold, and Kedrowski. MOTION CARRIED. The next item for consideration was the reorganization of the Planning Commissioners. Nomination for chairperson was opened. MOTION BY ROSETH, SECOND BY LOFTUS TO NOMINATE COMMISSIONER ARNOLD FOR CHAIRPERSON. MOTION BY ROSETH TO CLOSE THE NOMINATIONS. Vote taken signified ayes by Roseth, Loftus, and Kedrowski. Commissioner Arnold abstained from voting. MOTION CARRIED. MOTION BY ARNOLD SECOND BY ROSETH, TO NOMINATE COMMISSIONER LOFTUS FOR VICE - CHAIRPERSON. MOTION BY ROSETH, SECOND BY ARNOLD TO CLOSE NOMINATIONS. Vote taken signified ayes by Roseth, Arnold, and Kedrowski. Commissioner Loftus abstained from voting. MOTION CARRIED. Discussion followed on the Omega Trail situation. MOTION BY ARNOIA, SECOND BY ROSETH, TO ADJOURN MEETING. Vote taken signified ayes by Arnold, Roseth, Loftus, and Kedrowski. MOTION CARRIED. Meeting adjourned at 9:10 P.M Hall. Tapes of meeting on file at City Horst W. Graser Director of Planning Rita M. Schewe Recording Secretary fn r� a "VA27PR" PLANNING REPORT APPLICANT: ITEM: PRESENTER: PUBLIC HEARING: DATE: TED L. NORRIS SIDE YARD, FRONT YARD STEVE HESS, ASSOCIATE YES X NO NOVEMBER 1, 1990 AND LAKESHORE VARIANCES CITY PLANNER SITE ANALYSIS HISTORY BACKGROUND T e Planning Department has received a variance application from Ted L. Norris of 15219 Fairbanks Trail. The applicant is requesting the Planning Commission to approve a 5 foot north side yard variance, a 5 foot west front yard variance and a 25 foot Lakeshore variance. The applicant is planning on demolishing the existing cabin on the subject site and replacing it with a new single family home. PREVIOUS PROPOSALS: The existing ca In was built in 1972 under the jurisdiction of Eagle Creek Township. Maple Park Shore Acres was annexed into the City of Prior Lake in 1973. PHYSIOGRAPHY• T eT a s uFJect site contains approximately 7,050 sq. feet and exhibits considerable relief between the cabin and the lakeshore. Topography maps indicate that there is a change in elevation from 922 to 910 in the 50 feet immediately behind the existing cabin. This equates to a slope of 24 percent for this lot. The existingg cabin is a one story with an above grade, walk out deck. There is a retaining wall at the 904 elevation. The existing cabin is located on the most level area of the lot. ADJACENT USES: T e neiq or ood is a mixture of housing styles and home values. There are several cabins that have been remodeled, including the cabin immediately to the south. There are several newer homes in the neighborhood, with a wide range of styles.The two lots immediately to the north of the subject lot are vacant, as is the corner lot across the street. There is a newer home located directly across the road from the subject site. The majority of the homes were built on 50 foot lots. 4629 Dakota St. S.E., Prior Lake, M(mmesota 55372 / Ph. (612) 4474230 1 Fax (612) 447 -4245 EXISTING CONDITIONS: TheThe existinq cabin is one story with a walk out deck. It does not contain a garage, but has a large parking area. Most of the parking area would be incorporated into the proposed garage. It is a well maintained cabin, with many trees that add to the beauty of the site. DEVELOPMENT SUMMARY: The subject site is zoned R- 1 /Shoreland District. The required setbacks are 75 feet from the 904 contour, 25 feet from the west property line and 10 feet from each side yard property line. DEVELOPMENT ANALYSIS PLANNING CONSIDERATIONS: This is a very sma ot, as are all of the lots in this neighborhood. This neighborhood is unique in that the original lots have almost all been developed as single lots. The newer homes and the remodeled cabins have needed and been granted variances since 1974. The proposed home will be built at variance, but the variances are not extreme with respect to neighborhood development. The coverage ratio for the proposed home will be approximately 408 with a paved driveway, which is ten percent above the established ratio for shoreland lots. without a paved driveway the coverage is 308. While this may seem extreme, is not extreme for grandfathered lots. A site inspection of the neighborhood would indicate that a coverage ratio of forty percent would not be out of character with the neighborhood. Another consideration is the location of the garage. It will be located on the street side of the house and will have a visual impact on the neighbors and visitors to the area. But, there are several houses on Fairbanks Trail which have large garages facing the street and this proposal would not be out of character. The size and the topography of the lot do not allow for many designs. The garage will give the owner indoor storage space, which will improve the aesthetics of the neighborhood in that respect. While there are no plans for the widening of Fairbanks Trail, there is at least 14 feet of right of way between the property line and the existing street for any future street improvements. The proposal provides room for off street parking, which is an important consideration on this street. The last consideration is the number of trees which will be lost due to construction. There are seven older trees which will have to be removed. This loss will have a negative impact on the aesthetics of the neighborhood, especially as viewed from Lord's Street. The applicant is proposing to build a walk -out home which will cover as small an area as possible, but these trees are located in the only available building area. Consideration must be given to the right of the property owner to build a home that provides for a decent living environment. RECOMMENDATION The recommendation from staff is to approve the 5 foot north side yard variance, the 5 foot west front yard variance and the 25 foot lakeshore variance. Staff believes that the hardship is caused by the size of the lot and that strict enforcement of the ordinance would cause undue hardship. While the coverage ratio is substantially above the established ratio the Commission has granted this size before and the applicant will be improving the building located on the site. The commissioners may want to require the replacement of some of the trees, but the only location would be on the lakA side. That many trees would substantially reduce the applicants' view of the lake. Staff believes that there is justification for the requested variances and that they will not adversely affect the health and welfare of the community. PIDS -L APPLICATION FOR VARIANM Applicant: T E No2lt / 5 Hare Phones A / NU Address G i22 NKS -r-e- A/&. rk Prone: Property Own4 phone: ,jam /!_ Address: `S) F a s n RnJ £ - Work Prone: Type of Ownership: Fee Contract Purchase Agreement- Consultant/Contractor: o ne: Existing U s e - of Property: : P�.ti:Av � as - s.v ncf P resent Zoning: ! _ -- �y - D Proposed Use of Property: — & A AV PIP 5 o f NC E ILegal Description of Variance Site: ),o-r 2 ivi,av,.f PARK slyoRP Ac2Es i Variance Requested: hoar s of I�F--sr rzoti, VAF2D 2� �aK� S Yo�2E Has the applicant previously sought to plat, rezone, obtain a variance or conditional use permit on the subject site or any part of it? Yes What was requested: When: Disposition• Describe the type of improvements proposed: y jl0A4 C SUBMISSION REUTEEE ?i5 (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 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 COMETE APPLICATIONS SHALL BE REVIMM BY THE P.ANN= COMMISSION. To the best of my knowledge the information presented on this form is correct. In addition, I have read Section 7.6 of the Prior Lake Zoning Ordinance which specifies requirements for variance procedures. I agree to provide nformation and follow the procedures as outlined in the Ordinance. icon s Signature Submitted this j day of � 7- g o Sn Fee Owners Signature THIS SPACE IS TO BE FALL OUT BY THE PLANNING DIRECTOR PANNING OOMMISSION _ APPROaD _ DENIM DATE OF HEARING CITY COUNCIL APPEAL _ APPROVED _ DENIED DATE OF HEAR3M ODEDITIONS: Signature of the Planning Director Date SURVEY PREPARED FOR TED NORRIS 15219 FAIRBANKS TRAL PRIOR LAME,MN 553?2 , _ Q II Volley Engineering Co.. &w. SUITS 120. C . 16610 FRAllo(LdIf MAN. FRANKLIN TRAIL OFFICE WROORMAINAW PRIOR LAME. MINNESOTA SSSPR rELEIOI Wit) 441 ':SM 447-3241 ,, 1: .! ' l i 10 0 ", - y J I - DESCRIPTION, LOA 2. HAM PARK MORE ACRES, Scott GO,IOtl. Iftims-ft- Ain f JAE Oil '"IbIm Lopmvemnu @04 fncrooclmmG On to or of c a mid pIOpdrty It W. 0 SCALE IN FEET 0 OfrolAf Im WAIM'w AS, 0 Derow Mal 1RpKKRM11 ftw, 0 hwe" WHI, "s plPaw IV dwall sqw-dwsm =* L,= Land 1, of ft Ed, v�i ND RILL FILE NO $292 IV 170 ING 28 N //2 SEC. 35T 115 R" 22 s a \ a I 'V 4 ..... pIpGE RASPBE ,� a •.w 0 1 1• / ��O' ' SITE LOCATION be r ry c" "VA27PN HERITAGE 1891 COMMUNITY 1991 NOTICE FOR OF HEARING SIDE YARD, FRONT YARD AND LAKESHORE VARIANCES Ye91f —V b 209/ You are hereby notified that a hearing will be held by the Planning Commission in the Prior Lake Council Chambers at 4629 Dakota Street S.E. on: THURSDAY, NOVEMBER 1, 1990 at 7:35 P.M. PURPOSE OF HEARING: To consider a variance application for Ted L. Norris. SUBJECT SITE LOCATION: 15219 Fairbanks Trail N.E. Lot 2, Maple Park Shores REQUESTED ACTION: The applicant is requesting the Prior Lake Planning Commission to grant three variances. The applicant proposes to demolish an existing cabin and replace it with a new single family home. The applicant requests a 5 foot north side yard variance, a 5 foot west front yard variance and a 25 foot lakeshore variance be granted in order to build the new single family home. 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 October 24, 1990 4629 Dakota St. SE, Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 ®� e RI, 'P HERITAGE E- v 1891 J X m if/ "V8 Eso�r "AMIOPR" COMMUNITY 1991 PLANNING REPORT ITEM: PRESENTER: PUBLIC HEARING: DATE: ORDINANCE AMENDMENT ANNUAL STATEMENTS STAFF X YES NO NOVEMBER 1. 1990 FOR CONDITIONAL USE INTRODUCTION• The a pie of this item is to consider an amendment to Prior Lake Zoning Ordinance 83 -6 Section 7.5: Conditional Uses and Section 5 -6 -5 of the Prior Lake City Code. BACKGROUND: T iii s amen ment would add a paragraph to the section that deals with Conditional Uses. The purpose of this paragraph is to enhance the city's ability to monitor conditional uses over an extended period of time. At this time staff is responsible for monitoring compliance and doing the investigative work. The proposed amendment would shift the responsibility to the conditional use holder. Any unknown or questionable items in the annual report would result in further investigation by staff. This amendment will reduce the time and expense that is involved in monitoring a permit that may be more beneficial to the permit holder than to the City. STAFF RECOMMENDATION: Approve the amen went as presented and submit a positive recommendation to the City Council. 4629 Dakota St. S.E, Prior Lake, Minnesota 55372 / Ph (612) 4474230 / Fax (612) 4474245 /4 PRI v x P M �� . 4Ey 0 / "AM06PN" HERITAGE 1891 COMMUNITY T-yj�v-v 1991 2091 NOTICE OF PUBLIC HEARING TO AMEND PRIOR LAKE ZONING ORDINANCE 83 -6 You are hereby notified that the Planning Commission will hold a Public Hearing in the Prior Lake City Council Chambers at 4629 Dakota Street S.E., on Thursday, November 1, 1990 at 7:45 p.m. The purpose of the hearing is to consider an amendment which would add a paragraph to Section 7.5 Conditional Uses: of Prior Lake Zoning Ordinance 83 -6 and Section 5 -6 -5 of the Prior Lake City Code. The proposed amendment will add a requirement that all applicants must file a yearly statement that specifies that they are operating the use under the conditions specified by the City Council for Conditional Use Permits. The proposed language is as follows: (E) ANNUAL STATEMENT: THE APPLICANT ACKNOWLEDGES AND UNDERSTANDS THAT HE OR SHE IS REQUIRED TO FILE WITH THE CITY PLANNING OFFICE ON OR BEFORE JANUARY 31 OF EACH YEAR A STATEMENT INDICATING THAT HE OR SHE IS IN COMPLIANCE WITH THE CONDITIONS OF THE CONDITIONAL USE PERMIT. FAILURE OF THE APPLICANT TO FILE SAID ANNUAL STATEMENT MAY BE A BASIS FOR RF^' "ATION OF THE CONDITIONAL USE PERMIT BY THE CITY C -' Nr IL. If you desire to be heard in reference to this matter, you should attend this hearing. The Planning Commission will accept oral and or written comments. If you have questions regarding this matter, contact the Prior Lake Planning Department at 447 -4230. Deb Garross Assistant City Planner To be published in the Prior Lake American on Monday October 22 and 29, 1990. 4629 Dakota St. S.E., Prior lake Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447 -0245 CITY OF PRIOR LAKE ORDINANCE NO. 90 -06 AN ORDINANCE AMENDING ORDINANCE NO. 83 -6 AND PRIOR LAKE CITY CODE TITLE 5, CHAPTER 6. The Council of the City of Prior Lake does hereby ordain: Section 5 -6 -5 of Prior Lake City Code and Section 7.5 of Ordinance No. 83 -6 are hereby amended by adding a new Paragraph (E) which shall read as follows: (E) ANNUAL STATEMENT: The applicant acknowledges and understands that he or she is required to file with the City Planning Office on or before January 31 of each year a statement indicating that he or she is in compliance with the conditions of the Conditional Use Permit. Failure of the applicant to file said annual statement may be a basis for revocation of the Conditional Use Permit by the City Council. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this day of , 1990. ATTEST: City Manager Mayor Published in the Prior Lake American on the _ day of , 1990. Drafted By: Lommen, Nelson, Cole 6 Stageberg, P.A. 1800 IDS Center Minneapolis, Minnesota 55402 OF PRIOk HERITAGE COMMUNITY 9J5�R v � 8 1 891 1991 2t29> l Ix "VA26P2" PLANNING REPORT APPLICANT: DAVE AURINGER ITEM: VARIANCE PRESENTER: DEB GARROSS, ASSISTANT CITY PLANNER PUBLIC HEARING: YES X NO DATE: NOVEMBER 1, 1990 SITE ANALYSIS HISTORY /BACKGROUND The Planning Department received a variance application from Dave Auringer to build a single family home at 3019 Spring Lake Road. The property is located on the Spring Lake side of Spring Lake Road (County Road 12). See attached map for further details. The applicant is requesting approval of a 36' front yard variance from the centerline of C.R. 12 and a 31.5 foot lakeshore variance. The proposal of the applicant is to remove two existing cabins from the site and to build a new single family home. PHYSIOGRAPHY: T eT a s� relatively flat and contains few trees. The property is elevated so that the proposed home can be constructed above the 914 regulatory flood elevation for Spring Lake. ADJACENT USES The property to the east is developed with a single family home. There is an older cabin and garage located on the lot to the west. The property directly across the street is vacant and will likely be developed at some future date with a single family home. DEVELOPMENT SUMMARY: The subject site s zoned R -1 /S -D and contains 18,196 square feet. The property is irregular in shape and is subject to a 75 foot lakeshore setback measured from the 911 contour and an 85' front yard setback measured from the centerline of County Road 12. The proposal is to locate the home 43.5 from the 911 elevation and 49' from the county road centerline. PLANNING CONSIDERATIONS: The applicant as worked with staff to develop a home design that would fit the property. Staff was concerned that there be an adequate setback from the high water mark. The survey indicates that the proposed home will maintain a greater lakeshore setback 4629 Dakota St. S.E., Prior lake, Minnesota 55372 / Ph. (612) 4474230 / Fm (612) 447 -4245 than each adjacent home. In fact, the applicant had originally proposed that the home be located 50 feet from the 911. The Zoning Ordinance would allow the home to be placed 50 feet from the ordinary high water mark by utilizing the average clause found in Section 9.3E2. The average setback of the two adjacent structures is 31 feet. The zoning Code allows the use of the average clause to establish a lakeshore setback down to 50 feet to the ordinary high water mark. Staff suggested that the home be moved five feet closer to the lakeshore in order to accomplish a greater setback distance from County Road 12. It is likely that County Road 12 will be upgraded at some point in the future. There may be the potential that the County would need to acquire additional right -of -way near the curve of the road to accommodate a surface improvement. The attached letter from Brad Larson, Scott County Highway Engineer, states that the applicant should be aware that any future upgrading of CSAH 12 may impact the area between the existing roadway and the proposed house. Mr. Larson does not object to the front yard variance proposed because although it is close to the highway, it is in line with other buildings along CSAH 12. Staff suggested that the home be moved toward the lake in order to maintain a 30' foot setback from the road surface of County Road 12. The applicant has developed a driveway system which will allow a turn around so that vehicles will be able to drive onto the County Road. RECOMMENDATION: The recommen ation from staff is to approve the 36 foot front Yard variance and 31.5' lakeshore variance as requested. The irregular lot shape and extreme setbacks that apply to this particular property make it unique with respect to others within the community. The applicant proposes to remove two non - conforming cabins and three tin sheds and construct in their place, one single family home. The home will be less at variance than adacent homes and the granting of this variance would not be detrimental to the health and welfare of the community. YMYY Y•LNrIW MN N N N rW rYlr. . 111•Nr1 •• INIW. W IraN� W wa•_a ww•'M u , "ti �! �I•• I.�. • N� w •wow / M W ww� r W _"'Ww IW I M Ilr• IWY wY.W r�W�rY�f f11 Y II r„rY W Iuw r1 IY wwarT Y� �W M y.a. W :N.r w YII •WNr Y W a•arWa� NY M WWI•I� wn r_ �1 rY •r YN r rr IIMWN• Wr WNYIN Y.IY Nr.. w / I.N/Y r.r Op _fir` IrH• l N r .. 7C^. •r• w SPRING • = —� -- • LAKE ..w F•Y war lWrr.Iwr•r ws• KwMWar M ww wM :N Ijriy ua• Na ;:liH 0*' toril% CITY OF PRIOR LAM APPLICATION FOR VARIANCE vA 9Q - �Gi_ PM# AJ•L�S�n9G .Q Phone: 9/5- -359 -9967 Phone: l /S FY2- VVY6 Phone: 612 - 981 - 77C el Type of Ownership: F Consultant /Contractor Purchase Existing Use �Asw P resent Zoning: R S of Property: � Proposed Use Of Property: SiAra FAeiVL: r Legal Description of Variance Site: SEE A &1JJ Variance Requested: ' E 19A)4 W :'.�' A W M it1 &,WU Has the applicant previously sought to plat, rezone, obtain a variance or conditioned use permit on the subject site or any part of it? Yes —&-)b What was requested: When:_ D isposition• SUBMISSION s (Wompleted 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 6 Property Identification Number (PED). (E)Deed restrictions, if applicable. (F)An area nap at 1 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. OMY COMPLETE APPLICATIONS SHALL BE REVIEWED BY THE PLANNING COMMISSION. To the best of my knowledge the information presented on this form is correct. In addition, I have read Section 7.6 of the Prior Lake Zoning Ordinance which specifies requirements for variance procedures. I agree--.tQ information and follow the procedures as outlined In the Ordinance. licant ignature Submitted this 3-day of i!> ` C Fee Owners Signature ~"•oI THIS SPACE IS M BE FILL OUr BY THE PLANNING DIRBCDDH TAoktD 6y P. C . 1W18190 PLANNING COM@IISSION _ APPROVED _ DENIED DATE OF HEARING CITY COUNCIL APPEAL _ APPROVED _ DENIM DATE OF HEARING ODMDITIONS: Signature of the Planning Director Date SCOTT COUNTY HIGHWAY DEPARTMENT 600 COUNTRY TRAIL EAST JORDAN, MN 55352 -9339 (612) 496 -8346 FAX (612) 496 -8365 BRADLEY J. LARSON Highway Engineer DANIEL M JOSE Asst Highway Engineer- Design DON D. PAULSON Asst Highway Engineer - Construction Mr. Steve Hess Associate City Planner City of Prior Lake 4629 Dakota Street SE Prior Lake, MN 55372 October 22, 1990 Re: Variance Request CSAH 12 Dave Auringer Dear Mr. Hess: I apologize for the lateness in replying to the above referenced request. However, for the record, the following comments are listed: * while the setback requested is close to the highway and highway right -o£ -way, it is in line with other buildings along CSAH 12. * An approved Scott County Highway Department Entrance Permit is required prior to construction of driveway. Existing driveways will be required to be removed. * Sight distance from the proposed driveway is adequate. * Applicant should be aware that any future upgrading of CSAH 12 may impact the area between the existing roadway and the proposed house. Based on the above comments, Scott County Highway Department does not object to the Variance Request. If you hav- any questions or would like any further information, please contact this office. Ia ncerely, dley J. P. County High ay Engineer BJL /kmg An Equal OPPwtuaa1Y1A#bmataeAcNa, Bep(*Jer ,o P ; 0 �� .ti E "VA26PN" HERITAGE 1891 COMMUNITY 9YJS -4 1991 2001 NOTICE OF HEARING FOR LAKESHORE VARIANCE AND FRONT YARD VARIANCE You are hereby notified that a hearing will be held by the Planning Commission in the Prior Lake Council Chambers at 4629 Dakota Street S.E. on: Thursday, November 1, 1990 at 8:00 P.M. PURPOSE OF HEARING: To consider a revised variance application for Dave Auringer. SUBJECT SITE LOCATION: 3019 Spring Lake Road See attached survey. REQUESTED ACTION: The applicant wishes to demolish two existing cabins and build a new single family home on the subject site. The applicant is requesting that the Planning Commission grant a 36 foot front yard variance and a 31.5 foot lakeshore variance in order to build a new single family home. 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 OCTOBER 23, 1990 4629 Dakota St. S.E, Prim Lake. Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 d7 T "VA9028" HERITAGE COMMUNITY T-Y,fW 4 1891 1991 2091 PLANNING REPORT APPLICANT: SUBJECT: PRESENTER: DATE: JOEL PIETIG LAKESHORE AND FRONT YARD VARIANCE DEB GARROSS, ASSISTANT CITY PLANNER NOVEMBER 1, 1990 INTRODUCTION• The P anning Department has received a variance application from Joel Pietig of 16084 Eagle Creek Avenue to consider a 32.5' lakeshore variance and a 5' front yard variance at 14534 Glendale Avenue. The subject site is legally described as Lot 1 Boudins Manor 2nd Addition and Lot 1 Oakland Beach. The subject site is owned by Bruce Jandorf. On November 2, 1990, the Planning Commission granted a 32' lakeshore and 5' front yard variance for this site. The Jandorf's had planned to build a new single family home on the property however, the family was relocated to the east coast. Mr. Pietig is interested in purchasing the property and is requesting a similar variance to build a single family home. Variance applications are only valid for one year. The time limit for the Jandorf variance expires on November 2, 1990. This application is a similar request and is being pursued because there is no provision in the Zoning Code to allow for variance extensions. Once the year time limit expires, it is necessary for an individual to submit another variance application. BACKGROUND: T e su ect site is zoned R -1 /S -D which has a required lakeshore setback of 75' and rear yard setback of 25 The lot square footage is 14,162 square feet and the proposed coverage ratio will be approximately 17%. STAFF ANALYSIS• BouBOU ln�nd Addition was platted in 1956 into eighteen lots. Lot 1 is currently cut off from the rest by Oakland Beach 7th Addition. Oakland Beach was platted in 1926 into 50' lots. Most of the residential homes in Oakland Beach were constructed on combined lots to allow for more buildable area. Both plats were annexed into the city in 1974. The topography of the area is very flat and considerably low in elevation. The area is near the regulatory flood plain elevation therefore the lowest living elevation of the proposed home must be constructed at or above the 909 elevation. There are a few mature trees located 4629 Dakota St. S.E, Prior lake, Minnesota 55372 / Ph (612) 447 -0230 / Fax(612)4474245 throughout the subject site but very few would be lost during construction. The two parcels adjacent to the subject site are both currently vacant. The parcel to the north is a vacant lot owned by the Oakland Beach Association. This area is used as a swimming beach and picnic ground. The specific proposal is outlined on the attached survey. The proposal is to build a new single family home on the combined lots. The proposed home will come within 42.5' of the 904 contour line and 20' from the rear property line. See attached map and survey for reference to this application. The subject site average depth is 100' which limits the building options for the parcel. In fact the dimensions of the site would make it nearly impossible to construct a home by current standardo, without some sort of lakeshore or rear yard variance. The new home will be setback 22.5' further from the 904 contour line than the pre- existing cabin which was removed earlier this year by the Jandorf's. There are several nomes in the Oakland Beach neighborhood that are built at variance so this proposal would not be out of character for the neighborhood. RECOMMENDATION• The reT�Fi commeenn lion from staff is to approve the 32.5' Lakeshore variance and the 5' front yard variance subject to the condition that a lot grading plan be submitted and approved by staff and that the applicant amend his survey to indicate that the entire structure be built above the 909 regulatory flood plain elevation. The applicant proposes to build a home which reasonably fits within the available building envelope of a substandard lot. The lakeshore variance is consistent with the existing development in the area. Therufore, staff would recommend approval since the proposal is consistent with development in the area and would not be detrimental to the general health and welfare of the community. `°- 339 -5 P3l �A,'o- �a �EfP d'�C 3309 wl�Js0 @8 ;/ PIDi 34 -11 -Mi -n QTY OF PRIOR LAIQu 33 - /a/ - va � - v APPLICATION FOR VARIANCE Applicant: o e l �P i + R ome Phone: `) `1 Address: 1609 4 ss_e:. MreEK Qu¢. .6. wo rk Phone: 9 � ?413 Property O wner: Brunt doy J6 Ho Phone: aoI- 838-31b5 Address: wo rk Phone: Type of Ownership: Fee Contract Purchase Agreement Consultant /Contractor: Pho ne: Existing Use j 5 •)� of Property: YaC cn} Lan b P resent Zoning: r +' Proposed Uae of Property: horvie5+c a� Legal Description of Variance Site: LC* ( 00- Llo..,.d &0.1 -k ar.ei LC+) LadinS YYloa:or St d)F,bL� Variance Requested: bacrc s ;A. / hnfP -', 5' EO-44 &7rd WU4,0 IIA1VWLZ 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 �}do What was requested: When: D isposition: Describe the type of inprovenents proposed: 1',O mL SUBMISSION REDUIRE EN15 (A)Cempleted application form. (Wiling fea (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 4 Property Identification Number (PID). (E)Deed restrictions, if applicable. (F)An area map at 1 available from the City Engineering Section showings 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 OOMNIISSION. To the best of my knowledge the information presented as 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 Il enfo ion follow the procedures as outlined in the Ordinance. (/ / 1 ,plicants Signature Submitted this 21X-AY of � 1 ��9L 0 / Fee Owners Signature THIS SPACE IS 70 BE FILLED OUT BY THE PLANNING DIRECTOR PLANNING COtMIISSION _ APPROVED _ DENIED DATE OF HEARING CITY COUNCIL APPEAL _ APPROVED _ DENIED DATE OF HEARING CONDITIONS: Signature of the Planning Director Date UWEY PIRPARED FOR Valley ERQO)eprin9 w.e m l TRUCE JANDORF "'M 120 FRY6a1N tRAN. OFnCE uM ,On NANITOU ROAD 16670 FRANKLIN TRAIL SE. Rio" LANE. IAN 63372 TEEPNO EE'(612){I�-25M ,2 mWasom (82I ZI a 1,AK E P k — . l ' r w eo eLf Ix FEET .m rismunr w. .leaenau Ef ^. r w�enwefMx ° es�wf e Mry f ti�iw yv�y •^r M bn M rM Srou M mre aa�ro Bruce M. Jandorf 59 Brush Hill Road Kinnelon. NJ 07405 October 2. 1990 City of Prior Lake Prior Lake. MN 55372 Attn: Horst Graser Ref: 14534 Glendale Ave Lot 1 Boudins Manor 2nd Addition and Lot I Oakland Beach As you are aware. Maureen and I agreed to purchase the refer- enced property about a year ago. conditional upon obtaining a variance. as well as a building permit. The variance was obtained last November and we then had house plans drawn up. Due to some legal concerns and the death of the previous owner. we closed on the property in July. As planned. we obtained a demolition permit and removed the old structure. Unfortunately. our plans have changed dramatically. My company has moved me to New Jersey on a new assignment. I must now sell the property. but in order to do that. I need to be able to provide the buyer with the same ability to build a similar home as we had planned. The understanding with the new buyer is that the variance obtained would be their restriction. i.e.. they must build a home within the same variance and building envelope. I would. therefore. request an extension of the existing rariance for one year so that we can sell the property and others can build on it as we had wanted to. The building site is excellent. and should be a real credit to the lake and town and certainly a new home will be an upgrade over the previous structure. We have gone through a great deal of cost as we prepared to build a new home. including designing and submitting the new home plans for approval. removing the old cabin. and preparing the site. It would be a serious hardship if we do not sell this property and. obviously. an extension variance is needed to do that. We are not asking for any changes. just a one year extension. Thanks for your attention to this important matter. We do miss Prior Lake and all our friends and. who knows. maybe we will come back in a few years. Maureen misses her dance students tool Regards. Bruce Jandorf o..._ A PRIM HERITAGE COMMUNITY 9X✓JN e 1891 1991 SW IN ¢sp' October 9, 1990 Mr. Bruce Jandorf 59 Brush Hill Road Kinnelon, NJ 07405 Dear Bruce, This letter is in regard to your request for a one year extension of Variance 89 -29 granted by the Prior Lake Planning Commission on November 2 1989. In 1985 the City Council amended the Zoning Code to limit the duration of variance and conditional use permits for a period of one year from the date the permit was granted. I have discussed your request with City Attorney, Glenn Kessel and regret to inform you that it is his opinion that a variance may not be extended beyond the one year time limit established by the Ordinance. The thirty -two foot lakeshore and five foot rear yard variances that were approved for Lot 1, Boudin's Manor 2nd Addition and Lot 1, Oakland Beach, were granted for a specific site design and type of home. The site plan cannot be changed from the one on file with Variance 89 -28. What this means is that the only home that could be built on the parcel utilizing the variances granted in November, would be a home substantially like the site plan that you proposed for the variance application. It would not be possible to use the thirty -two and five foot variance to build another style or type of home. Any alterations to the plan on file with Variance 89 -28 would require a separate variance application and hearing. It is my opinion that. a future buyer of the property would receive similar consideration by the Prior Lake Planning Commission, provided that Zoning Code development standards do not change. This would also allow for differences in design and location which may occur as a result of a new buyer. The Planning Commission found that hardship existed with respect to the property and that the proposal was consistent with development in the neighborhood. A similar request would likely receive favorable action from the Planning Commission. If you know of any individuals interested in the property, I would be happy to discuss the variance process with them. It is possible, with your consent on the application for an individual to apply for a variance and make appropriate approvals a condition of purchase agreement for the property. If the Planning Department can be of further assistance to you, please contact myself or Horst Graser at 612- 447 -4230. Sincerely, Deb Garross Assistant City Planner 4629 Dakota St. SE. Prior Lake, Minnesota 55372 1 PK (612) 4474230 1 Fax(612)4474245 October 11, 1990 7� l City of Prior Lake , J 4629 Dakota Street ,CC. " Prior Lake, MN 55372 Dear Deb, Thank you for your response on Variance 89 -29 granted on November 2,1989. As you know we purchased the property subject to this variance, but due to the circumstances beyond our control we did not actually own the property until July 11, 1990. You may not be aware that part of the delay was due to Theodors Simons, the previous owner, death. Then as planned, we removed the existing structure. So we had been trying to move things along. We were not, for whatever reason, aware that the variance was good for only one year. in fact, we, until last week, believed we had two years. On the variance application approval there is no expiration date shown. We would not have moved the existing structure had we known we would be in the present predicament. This is an extreme hardship and difficult to deal with from over 1000 miles away. We depend on the Council's understanding and sense of fairness in extending this request. Again, remember we have only owned the property since July. so almost 9 months of the variance ran beyond our control. Regarding the variance 1 89 -28. It was granted based on a certain size home to establish the envelope for the site design. We had no house design completed at that time. The variance was granted based on meeting all requirements and eliminating the present structure. I agree that the type of home that would have to be built using the present variance would be limited to the envelope approved. I also believe that a new owner should have the same final design flexibility I had as long as they do not exceed the approval limits of the envelope. They must also conform to the reuired elevations and grading plans. I have sold the property to Mr. Joseph Pretig contingent upon extending the variance for one year. He has agreed to work within the conditions of the existing variance. In fact, he has met with Horst. That is when we learned that our variance was only good for one year Ouite an unfortunate surprise. My request Is to extend the variance one year subject to the same conditions. We would all prefer to utilize the envelope granted by Variance 89-28 and not go through another hearing and a separate application. I was really looking forward to building on the lot on Glendale, but my transfer by my Company makes that impossible. A new home by Mr. Pretig will accomplish what we all want Including a home that is a credit to the neighborhood and is consistent with Staffs' recommendations to the Council last year. Thanks for your assistance. Regards, Bruce Jandorf CC: Horst Graser PLANNING COMMISSION MINUTES NOVEMBER 2, 1989 The November 2, 1985, Planning Commission Meeting was called to order at 7:30 P.M. by Chairman Kedrowski. Those present were Commissioners Wells, Arnold, Loftus, Roseth, Kedrowsli, Assistant City Planner Deb Ga ross, Administrative Assistant Gary Schmitz and Secretary Rita Schewe. ITEM I - REVIEW MINUTES OF PREVIOUS MEETING MOTION BY KEDROWSKI, SECOND BY ARNOLD, TO APPROVE THE MINUTES AS WRITTEN. Vote taken signified ayes by Kedrowski, Wells, Arnold, Roseth and Loftus. Recess called at 7:32 P.M.. Meeting recalled to order at 7:35 P.M. ITEM II MAUREEN JANDORF - VARIANCE Bruce Jandorf, 15079 Manitou Road NE, stated that they would like to build a home on a difficult piece of pproperty, and therefore requested a 5' rear yard and 32' lakeshore variances. The existing cabin will be removed and the lot will be filled. The house they are planning to build would be a credit to the neighborhood. The subject site consists of two lots. Gary Schmitz presented the information as per the memo of November 2, 1989 Pat Lynch of the DNR called to state that there were no objections to the variance application. The topography of the area is very flat and considerably low in elevation and near the regulatory flood plain therefore the proposed home must be constructed at or above the 909 elevation. Staff's recommendation is to approve the variances subject to the condition that a lot grading plan be submitted and approved by Staff. Chairman Kedrowski read into the record a letter from Wayne Mosey, 5861 Highland Court Drive, Bloomington, MN. Mr. Mosey was present and stated he is purchasing the adjoining lot and was concerned as to the level of fill and what type of retaining wall is being planned. 4629 Dakota St. SE, Prior Lake, Minnesota 55372 / Ph. (612) 4474230 1 Fax (612) 4474245 PLANNING COMMISSION MEETING NOVEMBER 2, 1989 PAGE 2 Mr. Jandorf stated that he will construct a retaining wall of wood or stone. Comments from the Commissioners concerned; whether both parcels were lots of record, number of lots Mr. Mosey is considering, square footage of Jandorf's proposed house, and the general consensus of the Commissioners was in agreement with the proposal. MOTION BY WELLS, SECOND BY ROSETH, TO APPROVE THE 32' LAKESHORE AND 5' REAR YARD VARIANCE FOR 14534 GLENDALE AVENUE SUBJECT TO THE CONDITION THAT A LOT GRADING PLAN BE SUBMITTED AND APPROVED BY CITY STAFF, RATIONAL BEING THAT THE PROPOSAL IS CONSISTENT WITH THE DEVELOPMENT IN THE AREA AND WOULD NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE OF THE COMMUNITY. Vote taken signified ayes by Arnold, Wells, ::oseth, Loftus and Kedrowski. MOTION CARRIED. Discussion followed on the Retreat. Ms. Garross informed the Commissioners that not all the information was available as of this date. Chairman Kedrowski requested the information be presented at the next Planning Commission Meeting. Chairman Kedrowski reported on a meeting he had with Mr. Unmacht and Mr. Graser regarding the Economic Development Committee procedures. Assistant City Manager Kay Schmudlach and EDC Chairman Jim Hill will attend a future Planning Commission Meeting and present their goals and responsibilities. MOTION BY WELLS, SECOND BY LOFTUS, TO ADJOURN THE MEETING. Vote taken signified ayes by Wells, Loftus, Kedrowski, Roseth and Arnold. MOTION CARRIED. Meeting adjourned at 8:20 P.M. Tape of meeting available at City Hall. Deb Garross Rita M. Schewe Assistant City Planner Recording Secretary \ P "VA28PN" HERITAGE COMMUNITY Tff1XV -ti° 1891 1991 204> NOTICE OF HEARING FOR PROPOSED LAKESHORE AND REAR YARD VARIANCE You are hereby notified that a hearing will be held by the Planning Commission in the Prior Lake Council Chambers at 4629 Dakota Street S.E. on: THURSDAY, NOVEMBER 1, 1990 at P.M. PURPOSE OF HEARING: To consider a variance application for Joel Pietig. SUBJECT SITE LOCATION: 14534 Glendale Avenue Lot 1, Oakland Beach and Lot 1, Boudin's Manor 2nd Addition REQUESTED ACTION: The applicant is requesting the Prior Lake Planning Commission to grant a 32.5 foot lakeshore and 5' east front yard variance in order to construct a new single family home as indicated on the attached survey. The required lakeshore setback is 75 feet. The required front yard setback is 25 feet. 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 October 25, 1990 4629 Dakota St. S.F, Prior lake, Mirmewta 55372 / Ph. (612) 447 -4230 1 Fax (612) 4474245 UA 1 — F — i <� s 4A SI LOCATION- so I 1 1:s � •_ AUNING__ 1, _•^ / G M { T AAA ® HERITAGE COMMUNITY 4�TJ f3N 1891 1991 2oy> REGULAR PLANNING COMMISSION MEETING AGENDA NOVEMBER 15, 1990 7:30 P.M. CALL TO ORDER 7:30 P.M. REVIEW MINUTES OF PREVIOUS MEETING 7:35 P.M. HEARING VARIANCE VAN SMITH 7:45 P.M. HEARING VARIANCE MICHAEL REICHOW 8:00 P.M. HEARING VARIANCE DAVID OLSON 8:15 P.M. HEARING VARIANCE BRADLEY POLIVANY 8:30 P.M. HEARING CONDITIONAL JAN BALLARD USE 8:45 P.M. HEARING CONDITIONAL TED SCHWEICH USE i VARIANCE 9:00 P.M. DISCUSSION 1991 RETREAT STAFF * 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. "A11159" 4629 Dakota St. S.E, Prim [Ake, Minnesota 55372 / Ph (612) 4474230 / Fax(612)4474245 pR.o� HERITAGE 1891 COMMUNrrY V91k50 -V 1991 209/ PLANNING COMMISSION MINUTES NOVEMBER 1, 1990 The November 1, 1990 Planning Com,,,ission Meeting was called to order by Chairman Arnold at 7:30 P.M. Those present were Commissioners Loftus, Arnold, Kedrowski, Roseth, Assistant City Planner Deb Garross, Associate Planner Steve Hess, and Secretary Rita Schewe. Commissioner Wells was absent. ITEM I - REVIEW MINUTES OF PREVIOUS MEETING MOTION BY LOFTUS, SECOND BY ROSETH TO APPROVE THE MINUTES AS WRITTEN. Vote taken signified ayes by Kedrowski, Loftus, Arnold, and Roseth. MOTION CARRIED. A short recess was called. The meeting reconvened at 7:35 p.m. ITEM II - TED L. NORRIS SIDE YARD FRONT YARD AND LAKESHORE VARIANC Ted L. Norris, 15219 Fairbanks Trail, stated he is requesting a five foot north side yard variance, a five foot west front yard variance and a 25 foot Lakeshore variance under the hardship clause of the Zoning Ordinance. Norris presented details of his plans for the lot and stated that he will build a house in conformance with the neighborhood. Associate Planner, Steve Hess, presented the information regarding several aspects of the proposal including removal of seven mature trees, and location of the garage and paved driveway. Staff feels that the hardship is caused by the size of the lot and that enforcement of the ordinance would cause Mr. Norris undue hardship. Staff feels that there is justification for the granting of a variance and the application would not be detrimental to the health and welfare of the community. Roy Alrich, a resident of Apple Valley, but his family owns the property abutting the north side of the Norris property, had a question as to the elevation of the proposed home. 4629 Dakota St. S.E., Prior lake. Minnesota 55372 / Ph (612) 4474230 / Fax(612)4474245 Planning Commission Meeting Minutes November 1, 1990 Discussion occurred regarding replacement of the trees, coverage ratio and the substandard size of the lot which is grandfathered and a lot of record. Consensus from the Commissioners were in agreement with the application and a hardship is evident due to the lot size. MOTION BY LOFTUS, SECOND BY ROSETH TO APPROVE GRANTING OF A FIVE FOOT NORTH SIDE YARD VARIANCE, THE FIVE FOOT WEST FRONT YARD VARIANCE AND THE 25 FOOT LAKESHORE VARIANCE, WHICH WOULD ALLOW UP TO A 40% COVERAGE RATIO FOR THE PROPOSED HOME AND PAVED DRIVEWAY. (RATIONAL TO THIS IS THAT THE LOT IS A SUBSTANDARD, GRANDFATHERED LOT AND NEED FOR VARIANCE IS BROUGHT ABOUT BY THE LOT AND ITS SUBSTANDARD NATURE AS OPPOSED TO ANYTHING THE APPLICANT HAS DONE). ALSO IT IS RECOMMENDED THAT THE APPLICANT BE REQUIRED TO PLANT AT LEAST THREE TREES TO REPLACE THE SEVEN TREES WHICH WILL BE REMOVED. Vote taken signified ayes by Loftus, Roseth, Arnold and Kedrowski. MOTION CARRIED. Chairman Arnold called the public hearing to order at 7:45 p.m. ITEM III ORDINANCE AMENDMENT FOR CONDITIONAL USE ANNUAL STATEMENTS Steve Hess stated that the purpose of this item is to consider an amendment to Prior Lake Zoning Ordinance 83 -6, Section 7.5: Conditional Uses and Section 5 -6 - -5 of the Prior Lake City Code. Staff is recommending that a pararaph be added as an amendment to decrease the amount of tim g e and expense involved in monitoring conditional use permits. Mr. Hess explained that with this amendment, the burden of compliance will be switched from the City to the permit holder. The Commissioners were in agreement with the amendment and its purpose. MOTION BY KEDROWSKI, SECOND BY ROSETH, TO APPROVE THE AMENDMENT TO PRIOR LAKE ZONING ORDINANCE 83 -06, SECTION 7.5 - CONDITIONAL USES AND SECTION 5 -6 -5 OF THE PRIOR LAKE CITY CODE AND PASS ON TO THE PRIOR LAKE CITY COUNCIL WITH RECOMMENDATION TO APPROVE. Vote taken signified ayes by Loftus, Roseth, Arnold and Kedrowski. MOTION CARRIED. MOTION BY ROSETH, SECOND BY LOFTUS TO CLOSE THE PUBLIC HEARING. Vote taken signified ayes by Loftus, Roseth, Arnold and Kedrowski. MOTION CARRIED. ITEM IV - DAVE AURINGER VARIANCE Dave Auringer stated that his reason for requesting a 36 ft. front yard variance from the centerline of C.R. 12 and a 31.5 ft. F% Planning Commission Meeting Minutes November 1, 1990 lakeshore variance is to build a single family home at 3019 Spring Lake Road. The variance is necessary because of the the irregular shape of the lot and current setbacks from County Road 12. Proposed plans are to remove the two existing cabins and build the single family home. Deb Garross presented details of staff's discussions with Mr. Auringer and concerns which had been addressed, specifically the possible upgrading of County Road 12 in the future and how it might affect the Auringer property. Recommendation of the staff is to approve the 36 foot front yard variance and the 31.5 foot lakeshore which will be less at variance than adiacent homes and the granting of this variance would not be detrimental to the health and welfare of the community. Consensus from the Commissioners were in agreement with the application. MOTION BY KEDROWSKI, SECOND BY LOFTUS, TO APPROVE THE 36 FOOT FRONT YARD VARIANCE AND THE 31.5 FOOT LAKESHORE VARIANCE DUE A HARDSHIP CAUSED BY THE IRREGULAR LOT SHAPE AND SIZE AND EXTREME SETBACKS REQUIRED FOR THIS PROPERTY WHICH FACES COUNTY ROAD 12 ON ONE SIDE AND SPRING LAKE ON THE OTHER SIDE. Vote taken signified ayes by Loftus, Roseth, Arnold and Kedrowski. MOTION CARRIED. A short recess was taken. The meeting reconvened at 8:15 p.m. ITEM V - JOEL P IETIG LAKESHORE AND FRONT YARD VARIANCE Joel Pietig, 16084 Eagle Creek Avenue, requested a 32.5 foot Lakeshore variance and a five foot front yard variance at 14534 Glendale Avenue. Mr. Pietig stated he has a purchase agreement contingent upon the granting of the variance. Deb Garross presented information regarding the variance request. Ms. Garross stated that the subject site is owned by Bruce Jandorf. On November 2 1990 the Planning Commission granted a 31 foot Lakeshore and a five foot front yard variance for this site. The Jandorf's had planned to build a single family home on the property, however, the family was relocated to the East Coast. Variance applications are valid for only one year, the variance expires November 2, 1990. Since there has been no change in the ordinance or the variances which are being requested by Mr. Pietig, staff is recommending that the Planning Planning Commission Meeting Minutes November 1, 1990 Commission approve the 32.5 foot lakeshore variance and the five foot front yard subject to the condition that a lot grading plan be submitted and approved by staff and that the applicant amend his survey to indicate that the entire structure be built above the 909 regulatory flood plain elevation. This proposal is consistent with development in the area and would not be detrimental to the general health and welfare of the community. Discussion followed regarding the size of the home, future plans for a deck and garage location. Concern was expressed that the applicant should be aware that should he desire to build a deck at a later date another variance would be required. MOTION BY LOFTUS, SECOND BY ROSETH, To APPROVE THE VARIANCE REQUEST FOR LOT 1, BOUDINS MANOR 2nd ADDITION, AND LOT 1 OAKLAND BEACH, (14534 GLENDALE AVENUE) GRANTING A 32.5 FOOT LAKESHORE VARIANCE AND A FIVE FOOT FRONT YARD VARIANCE SUBJECT TO THE CONDITION THAT A GRADING PLAN BE SUBMITTED AND APPROVED BY STAFF, AND THAT THE APPLICANT AMEND HIS SURVEY TO INDICATE THAT THE ENTIRE STRUCTURE BE BUILT ABOVE THE 909 REGULATORY FLOOD PLAIN ELEVATION. (THE RATIONALE TO THIS IS DUE TO THE NARROW LOT BETWEEN THE LAKE AND THE LOT, AND IT APPEARS TO BE A GOOD WAY TO COMBINE TWO SUBSTANDARD LOTS INTO A BUILDABLE SITE, AND WILL NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE OF THE COMMUNITY.) Vote signified ayes by Loftus, Arnold, Roseth and Kedrowski. MOTION CARRIED. Commissioner Loftus mentioned a course on "Annual Planning Institute - the Basics" featured in a pamphlet recently distributed by City Manager Unmacht. Commission consensus was that this course should be taken into consideration as a possible combination with the annual winter workshop retreat. Staff was instructed to look into this issue when planning the retreat and place it on the November 15, 1990 agenda. MOTION BY KEDROWSKI, SECOND BY LOFTUS TO ADJOURN THE MEETING. Vote signified by ayes by Arnold, Roseth, Loftus and Kedrowski. MOTION CARRIED. Meeting adjourned at 9:00 P.M. Tapes of the meeting are on file at City Hall. Deb Garross Rita Schewe Assistant City Planner Recording Secretary j 1 r I i ly - I i I MION U1NE . �- N PR / F y v x r� 4f,8 N ESO/ HERITAGE COMMUNITY TIYf -K 1891 1991 2091 TO: PLANNING COMMISSION MEMBERS FROM: DEB GARROSS, ASSISTANT CITY PLANNER RE: CONDITIONAL USE AND VARIANCE FOR TED SCHWEICH DATE: NOVEMBER 9, 1990 Please be advised the the agenda report for the Conditional Use and Variance for Ted Schweich will be mailed to you under separate cover. The information needed to complete the report was not available prior to the deadline for submission of agenda materials to the Planning Commission. Staff will provide the information relevant to the Conditional User Permit and Variance application as soon as it has been received and reviewed by staff. 4629 Dakota St. S.E, Prior Lake, Minnewta 55372 / Ph. (612) 4474230 1 Fax (612) 4474245 OF PRIG 'P HERITAGE COMMUNITY a e 1891 1991 "VA29PR" PLANNING REPORT APPLICANT: VAN SMITH BUILDERS ITEM: LAKESHORE VARIANCES PRESENTER: STEVE HESS, ASSOCIATE PLANNER PUBLIC HEARING: YES X NO DATE: NOVEMBER 15, 1990 SITE ANALYSIS w w�1 HISTORY /BACKGROUND The Planning Department has received a variance application from Van Smith Builders for the property located a 4688 Lord's St. The applicant is requesting the Planning Commission to approve a 42 foot north side lakeshore variance and a 28 foot south side lakeshore variance for the deck addition to the existing home and the three season porch. The rebuilding of the existing deck is a structural alteration of a legal non - conforming use. The new will be required to meet the 75 foot setback standards of the Shoreland Ordinance. The applicant is requesting the above mentioned variances for that purpose. PREVIOUS PROPOSALS: The existing home was built in 1963 under the jurisdiction of Eagle Creek Township. It was annexed into the City of Prior Lake in 1973. The structure would be considered as a legal non- conforming use because the home location does not meet current Zoning Ordinance setback requirements. The applicant applied for variances for the three season porch at the October 18, 1990 Commission meeting. meeting. The applicant informed the Commissioners at that time that the deck addition had been inadvertently left off of the survey. The applicant chose to submit a seperate variance application for the deck. The applied for variances were granted at that time. PHYSIOGRAPHY• The su 7ect site is located on the extreme eastern tip of Martinson's Island. The topographic maps and a site inspection would indicate that the home was built into a hillside, so consequently the home has a walkout basement. The elevation certificate that was submitted indicates that the basement elevation is above the required 909. The land to the east of the home exhibits very little relief extending out for at least 100 feet. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 1 Fax (612) 447 -4245 ADJACENT USES: T e su ject site has a neighboring home on the southwest side and a vacant lot on the northwest side and has a cul de sac on the west side. The home is bordered by the lake on the east, north and south sides. DEVELOPMENT SUMMARY: The subject site is zoned R- 1 /shoreland District which requires that the structure be located 75 feet away from the 904 mark and 25 feet from the street right of way. PLANNING CONSIDERATIONS: The main consideration is the location of the subject site. Any new or replaced structure must meet the 75 foot lakeshore setback on three sides. The narrow width of the peninsula, and the setback requirements of the Shoreland District, would not allow a new single family home to be built on it without the granting of variances. The subject site does meet the other requirements of the Shoreland District in respect to the required 7500 sq. feet and the 50 foot lot width. Normally a lot of this size would not need variances for a structure to be built, and any requests for variances might be denied.uniqueness of this lot, due to its shape and location, require that variances be granted for the residents of the lot to have reasonable use of their property. The new deck will not intrude into the setback any farther than the existing house already does. RECOMMENDATION: TheThe reco, en riaation from staff is to grant the 42 foot north side lakeshore variance and the 28 foot south side lakeshore variance as requested. The irregular lot shape, and the existing non - conforming setback status of the home and the existing deck provide the hardship justification for the variances. The Commission has granted variances in similiar situations. Staff believes that the granting of a 42 foot north side and a 28 foot south side lakeshore variances would not be detrimental to the health and welfare of the community. PID1��-P� r- eua -o APPLICATION FOR VARIANCE Applicant: r�� � c1er phone - 7 q/ Address: 53 Ci N r -'«A 'A . \\ [co rk Phone: Property Owner: - 1 ,� no; Rayne Phones Address: 4 (AJ U:.+. s S il. Work Phone: Type of Ownership: Fee _Contpct Purchase Agreenent— Existing Use () of Property: ! eiixa ztcx present Zoning: Proposed Use of Property: Afa10 ;J4J nn l Legal Description of Variance Site: Variance Requested:_ Has the applicant previously sought to plat, rezone, obtain a variance or conditional use permit on the sgbject site or any rt of it? ✓Y es No What was reV: lfi,« seas.• gey When: I ° "/Y'�° d isposition: ro -r• Describe the type of improvements proposed: ! :4=V x (A)Canpleted application form. (B)Filing fee (C)Certified from abstract firm, names and addresses of property owners within 100 feet of the exterior boundaries of the subject property. (D)COmplete legal description 6 Property Identification Number (PID). (E)Deed restrictions, if applicable. (F)An area map at 1 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 nap 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 ODMMISSION. 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 tp providenfornlation and follow the procedures as outlined in the Ordinance. Ei -¢- Applicants Signature Submitted this d day of Ocic L. 920 /1 n^ I BY THE PLANNING DIRECTOR DATE OF HEARING DATE OF HEARING ODWITIONS• Signature of the Planning Director Date LEGAL DESCRIFT10N All r,at part of Government Lot 8, Section 35, Township 115 Nortr, Range 22 West Scott County, 11innesota, lying East of a line to be described. Commencing at a point that is 220.28 feet North and 328.53 feet East of the Northwest corner of Lot 1, in the plat of IIAFLE PARK SHORES ACRES, said point being on the cen- terline and East edge of a concrete bridge ; thence North 86 de- 7rees 00 minutes East a distance of 129.0 feet; thence South 84 degrees eo minutes East a distance of 112.4 feet; thence North 61 degrees 34 minutes East a distance of 113.0 feet; thence North 54 degree 57 minutes East a distance of 264.c5 feet; thence North 73 degrees 17 minutes East a distance of 450.0 feet; thence North 77 degrees 54 minutes East a distance of 290.0 feet; thence on a curve to the right having a central angle of 30 degrees 00 minutes and a radius of 186.6 feet, ah arc length of 97.7 feet; thence South 72 degrees 06 minutes East a distance of 218.2 feet to the actual point of beginning of the line to be described, said point to be here after referred to as point "A "; thence North 17 degrees 54 minutes East a distance of 99 feet more or less to the waters edge of Prior Lake and South 17 degrees 54 minutes West a distance of 125 feet more or less to said waters edge. EXCEPTING there from the foilOW11,91 Commencing at the above men- tioned point "A "; thence South 17 degrees 54 minutes West a dis- tance of 25.0 feet to the actual point of beginning of excelition; thence continuing South 17 degrees 54 minutes West a distance of 100 feet more or less to the waters edge of Prior Lake; thence along said waters edge to the intersection with a line that bears South 9 degrees 18 minutes East from the point of beginning , thence North 9 degrees 16 minutes West a distance of 104 feet more or less to the point of beginning and situate in Scott County, Ninnesota, including any part or portion of any street or alley abutting said premises vacated or to be vacated. O a METRO 1875 PLAZA DR. SL#TE ZOO SURVEYORS EAGAK A81. 55122 INC. (812)452 -7850 PLOT PLAN FOR qo.f VAN SMITH -BUILDERS W i y IJ f M? Q S'' zoo (PROPOSED 0 6 ` � �ADDmaN a� 20.0 Er CL ` 62.6 �y ^S OE.GG / n E XISTIN G G (� N � 26D 4� o CT NT "A" N17.54'E 99: S17 34 W 25.0 II 9 SCALE I " =30' I I SEE ATTACHED FOR LEGAL DESCRIPTION I HENCBY CERTIFY THAT THIS SURWY.PLAN OR REPORT _ WAS PREPARED BY ID; OR UNDER HY DIRCCT SUI? KvISI011 IIIIRI 7. in _ iiGl 1/. ISMS AND THkT I AN A DULY REGISTERED LAND SURVI.TOR UNDER THE LAW OF THE STATE OF IRNNESOTA. pill /4 PRIO / k HERITAGE COMMUNITY 19,'1'r�.1 v 1891 1991 2oy> "VA29PN" NOTICE OF HEARING FOR LAKESHORE VARIANCES You are hereby notified that a hearing will be held by the Planning Commission in the Prior Lake Council Chambers at 4629 Dakota Street S.E. on: THURSDAY NOVEMBER 15, 1990 at 7:35 P.M. PURPOSE OF HEARING: To consider a variance application for Van Smith Builders. SUBJECT SITE LOCATION: 4688 Lord's Street See attached survey for legal description. REQUESTED ACTION: The applicant is requesting the Prior Lake Planning Commission to grant two lakeshore variances for a deck addition to an existing single family home and a new three season porch. The applicant will be rebuilding that portion of the deck which is on the existing home. The existing deck is a legal non - conforming use. The new deck will be required to meet the 75 foot setback standards of the Shoreland Ordinance. The applicant requests a 42 foot north side lakeshore variance and a 28 foot south side lakeshore variance in order to build the 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 November 7, 1990 4629 Dakota St. S.E., Prim Lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 447 -4245 ® f PR O v � 'P HENTAGE COMMUNITY p 1891 1991 c� "VA30PR" PLANNING REPORT APPLICANT: MICHAEL L. REICHOW ITEM: VARIANCE PRESENTER: HORST GRASER, DIRECTOR OF PLANNING PUBLIC HEARING: YES X NO DATE: NOVEMBER 15, 1990 SITE ANALYSIS 9W t The Planning Department has received a variance application from Michael L. Reichow of 15249 Fairbanks Trail. The applicant is requesting the Planning Commission to approve a 22 foot lakeshore variance and a lot coverage variance of 6 percent for a deck addition. The deck was built without obtaining a permit from the City of Prior Lake. The applicant was instructed to obtain a building permit for the deck, but further review of the deck indicated that variances would be necessary. The applicant had the option of removing the deck or applying for variances. The applicant chose to apply for the variances. PREVIOUS PROPOSALS: The single family home was built in 1980 under the jurisdiction of Eagle Creek Township. Maple Park Shore Acres was annexed into the City of Prior Lake in 1972. An addition was built onto the home in 1987. PHYSIOGRAPHY• The su 7ect site is similar to the other lots in the neighborhood in that it exhibits a considerable amount of relief. According to the submitted survey that portion of the yard where the deck is located has a slope of 34 percent. The lot itself has a change in elevation from 926 to 904 in 152 feet, or a 14 percent slope. There is a retaining wall approximately 18 feet beyond the deck and another retaining wall is located approximately 27 feet beyond that. The upper deck is located at what would normally be the location of a walkout basement, if grading and filling had been done. The steps from the deck lead down to two smaller decks which stair step down to an existing platform. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447 -4245 ADJACENT USES: The lot imme iately to the south contains a single family home, as does the lot to the north. The lot directly to the west also contains a single family home. All of these homes were built on 50 foot lots. The home to the west is built parallel to Fairbanks Ave., with very little setback from the street. The homes in the neighborhood are a mixture of cabins, remodeled cabins and newer homes. All the homes on the east side of Fairbanks Trail have deck additions. DEVELOPMENT SUMMARY: The site is zone R- 1 /Shoreland District. The required setbacks are 75 feet from the 904 contour, ten feet from the side property line3 and 25 feet from the front yard property line. The home and deck have a coverage ratio of 30 percent. There is a blacktop driveway IS feet wide which increases the coverage ratio to 36 percent. DEVELOPMENT ANALYSIS PLANNING CONSIDERATIONS: The topograp y o t is site required that a deck be built for access to the rear yard, unless the site was graded and filled for a grade level walkout. The original blueprints show that a deck was included in the design. An application for variances should have been sought at that time, or at least the understanding that variances would be needed when the deck was constructed. The other planning consideration concerns the question of what is a reasonable use of this property. It has been the policy of the City to grant variances for decks for lakefront homes. The question here is at what point, if any, does the deck that was built go beyond a reasonable intrusion in to the lakeshore setback. The house and the deck are both located beyond the homes to the north, but the 904 contour allows for deeper lots on the south end of the bay. The homes are situated on their respective lots in a manner that relates to the depth of the respective lots. While this deck is located farther to the east than the homes to the north, the location of the 904 contour enables the requested variances to not be extreme for this neighborhood. A 22 foot lakeshore variance was recently granted for Lot 2 for the construction of a new home and deck. The upper deck would have required a variance of 11.6 feet. The additional 10.4 feet of variance is for steps and smaller decks which provide access to the an existing platform. This platform is located on the first gently sloping portion of the yard located behind the home. There are stairs located on the north and south side of the deck, but they provide access to the steep part of the yard. The stairs to the east provide the only access down to the existing platform that would not require walking on a steep, grassy slope. RECOMMENDATION: The recommen ion from staff is to approve the 22 foot lakeshore variance and a 6 foot lot coverage variance. The size of the lot is justification for hardship in this instance. Staff believes that the requested variances are not extreme. The variance is measured from a point on the deck which is used as access to an existing platform. It is also the only access to to the level area of the yard which does not entail walking on a steep slope. The steps provide safe and reasonable access to the lakeshore. The granting of these variances will not compromise the intent of the Shoreland Ordinance and will not infringe on the health and safety of the residents of the community. VA - 30 PIDf as-o � = r,o s-o CITY OF PRIOR LAKE APPLICATION FOR VARIANCE Applicant: 1►71CN/Yf [ G• Q£(C�(f7Gc1 Home Phone: Address: 1�i f'::Z9A��5 QIO2 Ga Work Phone: Property Owner: 5/AWI6 H orne Phone: Address: work Phone: 'type of Ownership: Fee Contract Purchase Agreement Consultant {Contractor: Pho ne: Existing Use of Property: RM6-5TfAT) P resent Zoning: 15A"C— Proposed Use of Property: ADD DE CK 1f0 $ACV Of ROL756— BC<AUS& on slap t r CL Legal Description of Variance Site: DoT.. 5. CIO, k4A1jf 5 rt)AaC— PR24 SNOefS 4C4f Variance Requested: `i£T grlce efou„2f1J F02 `p£Ce ,2 / LcE'kt ,94 g� Has the applicant previously sought to plat, rezone, obtain a v riance or conditional use permit on the subject site or any part of it? _,Yes What was requested: When: D isposition: Describe the type of impfovemgnts proposed: X � +z /l Lr SF SUBMISSION RMUIREME NIS (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 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 OOMPLED3 APPLICATIONS SHALL BE REVIEWED BY THE PLANNING OONNISSION. To the best of my knowledge the information presented on this form is correct. In addition, I have read Section 7.6 of the Prior Lake Zoning Ordinance which specifies requirements for variance procedures. I agreeetrgYide- ijrfg�atio and follow the procedures as outlined in the Ordinance. �/` Applicants,algfat)ire Submitted this Z(Lday of 910 E� Owners Signature o THIS SPACE IS TO BE FILI.ID OUT BY THE PLANNING DIRBCICR PLANNING COMMISSION APPROVED _ DENIED DATE OF HEARING CITY COUNCIL APPEAL _ APPROVED _ DENIED DATE OF HEARING CONDITIONS• Signature of the Planning Director Date PBfRP RIDGE t II N //2 SEC. 35T 115 R. 22 y e � a 1 p O \\ f� O Qp Surw9 /O!: XI[WFI. PEIgOY 1 \1 ` nlsn.c busE 000 . F l . - Ea15 \Ib PR /OR ` F;d ® g os ° E 5 = ° LAKE Y rNFX m IXIFLFVIT23 1981 ql OB[P tl. • Ytll: 1 Ind1 . A IM 132.00 ...- Q \ I I ^ � N MN • I1W 3PYM1 felt (0.11) = � Il of c lepreaen e nl tM n/ a Mmtes lien oX�ent snt � � ! L ° Cat S. C. 0. xBXIEX'a M0.f 9 Slldlf N=ES. wEl,g !n tM !e[DIME Dllt iXeM1OI. YOtt XIm,e5D11 tM 1¢ltlm OI M lliM1tin9 V N \ L L Bu11Yl,p eM p 1, 1E011IM m HIE Inl. b Z14f, w a,mlgeE q b ml, �w Eq ol O wet. •rn .t=M N XImeSOfl Ygl3tre[IUn b. IY95 y A�hd�NM�P9sN��lns. ( PRI HERITAGE 1891 i ESC "VA30PN" COMMUNITY 4<lJSf? t' 1991 2091 NOTICE OF HEARING FOR LAKESHORE VARIANCE You are hereby notified that a hearing will be held by the Planning Commission in the Prior Lake Council Chambers at 4629 Dakota Street S.E. on: _ THURSDAY, NOVEMBER 15, 1990 at 7:45 P.M. PURPOSE OF HEARING: To consider a variance application for Michael Reichow. SUBJECT SITE LOCATION: 15249 Fairbanks Trail. Lot 5, C.O. Hannen's Maple Park Shore Acres. REQUESTED ACTION: The applicant proposes to build a deck addition to the easterly side of an existing home as per attached survey. The proposal is to build the deck 53 feet from the 904 ordinary high water mark of Prior Lake. The required lakeshore setback is 75 feet. The applicant is requesting that the Prior Lake Planning Commission grant a 22 foot lakeshore variance to build the deck as proposed. 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 November S, 1990 Dakota St. S.F., Prior lake, Minnesota 55372 i Ph. (612( 447 -4230 / Fax (612) 4474245 HERITAGE 1891 ra P "VA31PC" COMMUNITY .-. PLANNING REPORT APPLICANT: ITEM: PRESENTER: PUBLIC HEARING: DATE: DAVID OLSON VARIANCE DEB GARROSS, ASSISTANT YES X NO NOVEMBER 15, 1990 SITE ANALYSIS CITY PLANNER i w wY HISTORY /BACKGRO The Planning Department has received an application for variance from David Olson of Rosemount, Minnesota. The applicant desires to build a seasonal cabin on Twin Island and has requested the Planning Commission to grant the following variances: A 41 foot Lakeshore variance from the 100 foot setback requirement; a 31,160 square foot minimum lot area variance from the one acre minimum lot area requirement for non - sewered property within the Shoreland District; a 25 foot lot width variance at the 904 from the required 125 foot lot width requirement and a 50 foot lot width variance from the required 150 foot lot width requirement measured at the front setback line. PHYSIOGRAPHY: The subject site consists of three lots which are legally described as Lots 22, 23 and 34, Twin Isles. Lots 22 and 23 combined are the location proposed for the cabin. Lot 34 is a non Lakeshore lot and is located south of the proposed building site. Lots 22 and 23 are located on the north side of the island and contain approximately an 188 percent slope as per the attached topography map. The applicant proposes to build a 36 x 40 foot cabin which would consist of 118 percent lot coverage for the subject site. ADJACENT USES: Adjacent Lot 21 is developed with a cabin of similar size as that proposed for the subject site. Adjacent Lot 24 is vacant. DEVEIAPMENT SUMMARY: The 1s an is zone R -1 /S -D and the requirements set forth in Resolution 78 -22 attached apply to all building permits issued by the City of Prior Lake. The subject site contains 12,400 square feet which is substandard in size and area when requirements of the S -D are applied. The island is developed with approximately 13 seasonal cabins, thirteen of which have been built prior to 1975. Staff was unable to visit site and therefore comments relative to the type of vegetation and tree cover for this particular site are not provided. 4629 Dakota St. S.E., Prior fake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 4474245 DEVELOPMENT ANALYSIS PLANNING CONSIDERATIONS: The eve opment or iwn Isles is governed by current zoning requirements and Resolution 78 -22. In order to process this variance application, it will be necessary that the applicant submit additional information required by Resolution 78 -22. Specifically, the applicant must demonstrate that two on land parking spaces exist and a lease agreement should be a condition of approval for this variance request. in addition, the applicant will need to provide proof of residency other than Twin Isles at the time of building permit application. The reason that this item is necessary is that the only buildings allowed on the island are seasonal cabins. There are no public sewer and water facilities nor emergency service vehicles available to the island with the exception of the Scott County Sheriffs Department. Access to the island is obstructed during freeze /thaw periods associated with the change in seasons. The applicant must provide a self enclosed or incinerator type of septic system for the cabin and the gray water disposal system must be located at least 75 feet from the 904 contour. The applicant will need to submit a revised survey which indicates the location of vegetation and trees on the site and also a proposed planting program that indicates the method by which the applicant will stabilize soils and implement erosion control throughout the construction process. The hardship in this case is not caused by the applicant ov previous owners. Twin Isles was platted in 1925 into lots which no longer meet existing requirements. The applicant owns three lots and is proposing to build one seasonal cabin. The proposed cabin location is at a similar setback as the adjacent cabin. Staff believes that the variances requested to accommodate the proposed cabin are not excessive or contrary to the public interest. If all setback and lot size requirements of the code are applied to this parcel, the property would not be eligible for a building permit and therefore, the applicant would suffer undue hardship with respect to other properties on the island. RECOMMENDATION There are several conditions that staff would apply in order to recommend favorable action on this variance application. The Planning Com-.ission has the option to decide the variance with certain cond %,ions attached or to continue /table the matter and require the' °'"applicant to submit more detailed information to the Planning Commission. Staff is confident that the conditions outlined above can be easily met by the applicant and would recommend the following: That the Planning Commission grant a 41 foot lakeshore setback variance, 25 foot lot width variance at the 904, 50 foot lot width variance at the front setback line, and 31,160 square foot minimum lot area variance subject to the following conditions: 2. 3. 5 . Tree and vegetation removal be restricted to the area needed to construct the cabin and gray water disposal system. Graywater disposal system be located at least 75 feet from the 904 contour. The applicant must submit a lease agreement that demonstrates that at least two on land parking spaces exist. The applicant must submit proof of residency other than Twin Isles at the time of building permit application. The applicant must submit plans for a self enclosed or incinerator type of septic system for the cabin. The applicant must submit a revised survey indicating the type of trees and vegetation located on the site, the vegetation that is to be removed and an erosion control and planting plan for the property. . -.:. vn.go -L PID► 9r- £nu -aac -p CITY OF PRIOR LAKE APPLICATION FOR VARIANCE aS - ow - o y / / �C✓i Applicant: QAuq) W. J Rot N£Llf A. Quya/ d 24,-/4 Hmafy , - / iuo Rage Phone. ^ 7.3 1 •SBZ6 Address: 776 - /611 sz W. wo Rorie: 72 6.2 717 Property Owner : N vin W.a Rotwat£ A. O.<e✓ b MA¢a Huac£Y Som Phone: 413 /.5820 Address: •& 1' L..1, wo rk Phor1e: -27,7 Type of Ownership: F X Contract Purchase Agreement Consultant /Contractor: Pho ne: Existing Use Of Property: L.AI4ESHO/!E P ,QooE27 - Y P resent Zoning: Proposed Use Of Property: SEAS.,AML 0Af31A1 Legal Description of Variance Site: ots 22,23, X34 Tw1Ai Ss1.Es Variance Reouested: CHAAIL.E OF SET RACK C/ /fj JJ&S&ne L1ti.u4w4 SUBMISSION REDUIREMENIS: (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 a Property Identification Number MID). (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 COMMISSION. To the best of my knowledge the information presented on this fora 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. 1P. . n � _ �IA — /% hl . _ n nn Submitted this 3D-day of & I & Signature •• , MWITIONS: M•. Signature of the Planning Director Date 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 _K_j S 112 SEC. 3 T. 114 R. 22 SURVEY PREPARED MR: DAVE OLSON 6776 I61sr sr w ROSENCUNT, NN. 55066 Valley Surveying Co., PA. SUITE 120 -C , 16670 FRANKLIN TRAIL FRANKLIN TRAIL OFFICE CONDOMINIUM PRIOR LAKE, MINNESOTA 35372 TELEPHONE (612; 447 -2570 L AKE PRIOR P V `>v - / .r,n Vi=n Y em 8 "D D^ 1=111PTIOAI Loa 22, 23 w w. "IE L%m' 600tt County. Klm.wa. 0� 30 SO SCALE IN FEET 0 pWN�1y bns N. 1011! 6 d.OM MM �nr�l Nn11 I �F 1pIKI MY rwy� /w.1 ♦� ww1.A61n1 WIY��Ir1 1� E rJ lt�y LIE r1/��Yr �rwwr r 0M. Llw.. r. AM6 ME IA IDS, M AYE � CABIN tiOm0 BE �fN'EoED WITH —p OUTER WALLS 32' FROn FAST AND WEST LINES. FRONT OF CABIN WOu -D BE 71' FROM 9 :� LINE. r 64Cf of Cp B/N WOULD BE 32' FRD7+ ROAD ON WEST AND 34 FROM RORD ON EAST, DECK WOU:D EXTEND 12' TOJARL -- 1=111PTIOAI Loa 22, 23 w w. "IE L%m' 600tt County. Klm.wa. 0� 30 SO SCALE IN FEET 0 pWN�1y bns N. 1011! 6 d.OM MM �nr�l Nn11 I �F 1pIKI MY rwy� /w.1 ♦� ww1.A61n1 WIY��Ir1 1� E rJ lt�y LIE r1/��Yr �rwwr r 0M. Llw.. r. AM6 ME IA IDS, M AYE � '0 PRlp� ff � �J m r J Lo/ HERITAGE 1891 COMMUNITY .p You are hereby notified that a hearing will be held by the Planning Commission in the Prior Lake Council Chambers at 4629 Dakota Street S.E. on: THURSDAY, NOVEMBER 15, 1990 at 8:00 P.M. PURPOSE OF HEARING: To consider a variance application for David Olson of 6776 161st St. West, Rosemount, MN 55068. SUBJECT SITE LOCATION: Lots 22, 23 and 34 Twin Island REQUESTED ACTION: The applicant wishes to construct a new seasonal cabin as per attached survey. The proposal is to locate the cabin 59 feet from the 904 ordinary high water mark of Prior Lake. The required lakeshore setback on Twin Island for a structure is 100 feet. The minimum lot size and area requirements for lakeshore lots without sewer and water are 1 acre and 125 feet of width measured at the 904 and 150 feet of width measured at the rear setback line. The subject site contains 12,400 square feet and is 100 feet wide. In order to build on the property, the Planning commission must grant a 31,160 square foot minimum lot area variance; 25 foot lot width variance at the 904 and 50 foot lot width variance from the front setback line in addition to the 41 foot lakeshore setback variance requested by the applicant. 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 November 8, 1990 4629 Dakota St. S.E. Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 CITY OF PRIOR LAKE, MINNESOTA 55372 RESOLUTION 78 -22 Motion by: Watkins Seconded by: Rafermann A resolution setting forth development standards for loin Isles. Whereas, Interest to further development of Twin Isles has recently been shown; Whereas, It is in the best interest of the City of Prior Lake to provide guidelines for the development of Twin Isles; Whereas, The Capital Improvement Program and Zoning Ordinance do not specifically address development of Twin Isles; Therefore Be it Resolved the City of Prior Lake herewith sets forth guidelines for the development of Twin Isles: 1. Minimum lot size shall be 15,000 square feet or two lots whichever is lesser. (Lots must be contiguous.) 2. All structures shall meet the setback requirements set forth in the Zoning Ordinance. 3. A lease for two on land parking spaces shall accompany all building permits. 4. Septic systems shall be of the self enclosed or incinerator type. 5. Living structures shall be seasonal in nature. The applicant shall proeide proof of residency other than Twin Isles at the time of building permit application. Passed and adopted this 19th day of June, 1978. YES NO Stock X stock _ Bissonett X Bissorett Busse X Busse Hafermann X Hafermmnn_ Watkins X Naktins 'Michael A. McGuire, MY A210898z THE CENTER OF LAKE COUNTRY r/1 -r O ( "VA32PN" HERITAGE 1891 COMMUNITY 9J5G? 4 1991 2091 PLANNING REPORT APPLICANT: BRADLEY POLIVANY ITEM: VARIANCE PRESENTER: HORST GRASER, DIRECTOR OF PLANNING PUBLIC HEARING: YES X NO DATE: NOVEMBER 15, 1990 SITE ANALYSIS HISTORY /BACKGROUND The Planning Department has received a variance application from Bradley Polivany of 14891 Pixie Point Circle legally described as Tract L, R.L.S. I. The applicant is requesting the Planning Commission to grant a 5.8' foot south side yard variance in order to add an attached 22 x 26 foot garage addition to an existing home. See attached survey for details. PREVIOUS PROPOSALS: T e s nq a f amily home was built in 1961 under the jurisdiction of Eagle Creek Township and annexed to the City of Prior Lake in 1973. There are no building permits on file for the subject site. PHYSIOGRAPHY: The pt�a of the site is that the home is located on a hill. The � h by ome is a rambler style with one story above ground and a basement with the southerly side of the home fully exposed. The home contains a garage whereby the applicant must enter on the southerly side. There are a series of retaining walls that surround the driveway on the north, south and west sides. Other homes in the area are built at similar or higher elevations than the existing home. ADJACENT USES: The adjacent lots to the north, south and west are all developed with single family homes. The property to the south is platted but is currently vacant. EXISTING CONDITIONS: This application is somewhat unique in that the proposed garage and subsequent variance request, are an attempt to improve a poor drainage system that affects the subject site and two adjacent properties to the south. Staff first became aware of the drainage problem early this fall when the Hr. Polivany submitted • complaint to the Planning Department. The complaint was that • drainage problem had been created as a result of landscaping 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447 -4245 and retaining wall construction by the adjacent neighbor to the south. See attached pictures for details. The applicant felt that the landscaping improvements had caused additional water to drain onto his property creating ponding areas within his driveway and rear yard. Engineering and Building officials made site inspections and determined that there was indeed a drainage problem on Tract L however, the cause of the problem is due to several factors that have developed over time. The existing home on Tract L was built in 1961 prior to annexation into the City of Prior Lake. After annexation, Pixie Point circle was improved and the road surface was raised however, water was still able to drain from the area. The home on Tract M, directly to the south was built in 1975. Tract M was split into east and west parts in 1987. The home on the west part of Tract M was built in 1989. The result of several actions including development of properties after 1961, the improvement of Pixie Point Circle and landscaping improvements have all contributed to the drainage problem that is evident on the subject site today. Staff has met with the applicant and adjacent property owners to find a solution for the drainage problem. The agreement that has been worked out is that the City of Prior Lake will provide survey work, stakes, materials and drainage calculations to engineer a system that will drain the area. The property owners have agreed to install and grade the site and provide a private maintenance agreement for the drain pipe. In order to accomplish the drainage plan, the pipe will be located on Mr. Polivany's property. One additional problem is that the existing house has only a one inch fall from the home to the street which is not adequate to provide positive drainage. The applicant has proposed to build a garage whereby the slab will be raised approximately six inches above the existing floor elevation and to install a driveway that will be constructed to accommodate the water that will be drained through the pipe. The raised garage and driveway improvement are essential for the proper function of the drain pipe. The six inch change in elevation and the driveway will provide positive drainage out to the street which is needed to correct the existing drainage problem. DEVELOPMENT SUMMARY: The site cons.is s of a 100 foot wide lot that contains approximately 22,367 square feet. The property is zoned R -1 /S -D and the required side yard setback is 10 feet. The coverage ratio with the proposed addition would be approximately 10% percent. DEVELOPMENT ANALYSIS PLANNING CONSIDERATIONS: As staEed previously, th is application is unique in that the garage and suLsequent variance are a method by which to correct a serious drainage problem in an older neighborhood of the community. The home on Tract L was constructed 26 feet from the side property line. A new garage is essential in that the elevations needed to correct the drainage problem cannot be accomplished utilizing the existing garage. The applicant has proposed to construct a 22 x 26 foot attached garage which is the minimum width for a two stall garage. The problem is that the garage will encroach into the side yard setback and a variance is needed to build the structure as proposed. The applicant is requesting a 5.8 foot south side variance to build the garage. The hardship in this case is not due to lot size or area. Staff believes that the proposed construction in combination with the agreement between neighbors and the City of Prior Lake are the best solution for the drainage problem. The only other alternative would involve a feasibility study and an expensive City storm sewer project which would be assessed against the benefitting properties. This result is not desired by the City and it would be a much more costly resolution to the problem for all of the affected parties. RECOMMENDATION: The a recommendatiox, from staff is to approve the 5.8 foot variance as requested. Rationale for the variance would be that the drainage problem is unique with respect to this property and it was not created by the current land owner, but is the result of several activities throughout the years. The home setback was determined by the Eagle Creek Township Board and the home is skewed on the lot which requires a larger variance at the southeast corner for the proposed construction. The proposed location of the garage can be supported by aesthetic and functional considerations which make this application an exceptional and extraordinary case with respect to other properties within the community. This variance would not be detrimental to the character of the neighborhood and because of the improvement in the drainage situation, the intent of local ordinances are not compromised. R HEMB I O V, Q / / /S - /9c, e d. /, M y .W10.M vA�u - PIDi 7S Applicant: I`1(n.l�P U,I.y '�' -06a Humohv eu -k lukiaA H ome Phone: Address: 14Rn i Yt i a C`..r 1,-. _ .t, — �W Ork Phone: Psq S - :.ti I Property Owner: - < .,,,,,o _ Home Phone: Address: work Phone: Type of Ownership: Fee Contract Purchase Agreement - Existing Use of Property: }Ic)n)e P resent Zoning: Proposed Use of Property: Q izkxnqe , Legal Description of Variance Site: L 5 " Variance Has the applicant previously sought to plat, rezone, obtain a van ance or conditional use permit on the subject site or any part of it? d es — k� What was requested: When: disposition: the type of Y-0 15ec-- (A)Completed form. (B)Filing fee (C)Certified fran abstract firm, names and addresses of property owners within 100 feet of the exterior boundaries of the subject property. (D)Complete legal description & Property Identification Number MID). (E)Deed restrictions, if applicable. (F)An area map at 1 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 COMMISSION. To the best of my knowledge the information presented on this form is correct. In addition, I have read Section 7.6 of the Prior Lake Zoning Ordinance which specifies requirements for variance procedures. I agree to provide information and follow the procedures as outlined in the Ordinance. Applican Si ur Submitted this .;,day of AV 1 9A49 Fee Corners Sim ture THIS SPACE IS TO BE FIT-TED 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 PRIOR LAKE SURVEY FORK �RAD#CAQ�rJ t_�vI�NY , W 1 IL __ _ •r K . X 221.99 p °'r` Vltsh Re,e,wa 4w� /�'� � C Q � e � l ►nch �3��ee� � Zemavgs. F OWA. .e % lecw AM Mew.wN 3 GgRtNp Rea P tSSy snap Swp,l aeT �a H•rce MCNT of 14 N.Y I Myth/ brtlfy shot this b . trus and .,mot Apb..EbttOG Of . Nme, of Tetsh, L, IOf 112018 KSgO I.taO SMTST M. 1 .. on fit. am of ..rd 1. the Office tM UglatMr of yttleg, Ststt Count) Kiotststa. Also .hawing the lobtt" of e.tattag bouts and the pro"ead Camp attached to heats. net I as . duly bp.tated lam Somata, uedarr�1 the ' a . ^the State at glewwb. Meted, thta Ig day of Oatah.m, IM 1 u111�' `gtt ' (�"��6 Y11ooe.ob YStotts<1ts pee l7out 1011 S. 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"47•f..._._ 94 tr SL° /e / _ /AO' Note: / Cenoles Iron xmor of /F P �� R p ®" r� ESO .�P "VA32PN" HERITAGE 1891 COMMUNITY 1991 NOTICE OF HEARING FOR SIDE YARD VARIANCE 9�,fX, t" You are hereby notified that a hearing will be held by the Planning Commission in the Prior Lake Council Chambers at 4629 Dakota Street S.E. on: THURSDAY, NOVEMBER 15, 1990 at 8:15 P.M. PURPOSE OF HEARING: To consider a side yard variance application for Bradley Polivany. SUBJECT SITE LOCATION: 14891 Pixie Point Circle Tract L, R.L.S. 1 REQUESTED ACTION: The applicant proposes to build a 22 x 26 foot attached garage to the southerly side of an existing single family home. The proposal is to locate the garage 4.2 feet from the southerly property line which would require a 5.8 foot variance. The required side yard setback requirement is 10 feet. 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 November 8, 1990 4629 Dakota St. S.E, Prior Lake, Mirm ota 55372 / Ph. (612) 447 -4230 / Fax (6121447 -4245 �F PR IO �P HERITAGE COMMUNITY 1891 1991 U � 'tfl ES p'C P "CUOIPC" APPLICANT: ITEM: PRESENTER: PUBLIC HEARING: DATE: PLANNING REPORT JAN BALLARD CONDITIONAL USE PERMIT HORST GRASER, DIRECTOR OF PLANNING YES X NO NOVEMBER 15, 1990 SITE ANALYSIS HISTORY /BACKGROUND T eTi Panning Department has received a conditional use permit application from Jan Ballard of McWillies Restaurant. The permit is being requested pursuant to Sign Ordinance 83 -5 Section 5- 7 -2A11 which sets forth regulations for off - premises directional signs. The applicant is requesting approval to place five directional signs within Prior Lake to direct traffic to McWillies Restaurant. See application and atta -hed materials for further reference. PLANNING CONSIDERATIONS: McWillies Restaurant operates under a conditional use permit which was issued by the City of Prior Lake in 1984. Prior to 1984, the restaurant /tavern operated as a legal non - conforming use within Prior Lake. The surrounding neighborhood is zoned R -1 /S -D and is developed with single family homes. McWillies is the only restaurant located on Prior Lake. Sign Ordinance 83 -5 contains a provision whereby an applicant may apply to the City for a conditional use permit to locate off - premises directional signs within the community in order to direct traffic to a business that the City deems suffers a hardship because of its location. No businesses are allowed to display off - premises signs without first obtaining a conditional use permit from the City. To date, the City has granted only two off - premises signs, one for the Mdewakanton Sioux Little Six Bingo Palace and one for the Minnesota Horse and Hunt Club. These signs are located at the intersections of Columbia Avenue and County Road 42 and Panama Avenue and S.T.H. 13. The proposal by Jan Ballard is to locate five blue and white signs "McWILLIES RESTAURANT- MARINA" within the City. Two signs have been installed, by MNDOT on S.T.H. 13 right -of -way near the intersection of the highway with C.R. 21. Attached find Minnesota Department of transportation Application for Installation of Specific Service Signing on Trunk Highways. Ms. Ballard has received approval by MNDOT to locate two signs 4629 Dakota St. S.E. Prior Lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 4474245 within S.T.H. 13 right -of -way. The permit was issued by Joel Katz on June 1, 1990. The State is authorized by M.S. 160.292 to grant "Specific Service Signs" for restaurants and resorts in order to implement a system of signing for the purpose of displaying service information to the traveling public. The signs which are approved by the State are standard size rectangular sign panels that are blue and white in color and measure 1 -1/2 feet by six feet. There are specific guidelines that are applied by the State in the determination of types of businesses which are eligible for signs under the statute. It is the policy of MNDOT to check with the local municipality to ensure that all appropriate local permits have been granted to the business in question. However, the State failed to secure this information from the City of Prior Lake prior to erecting the existing signs on S.T.H. 13. In light of the statute and information available concerning "Specific Service Signs" staff did not require the applicant to remove the two signs located within S.T.H. 13 right -of -way. In addition to the signs located on S.T.H 13, the applicant is requesting that two signs be located at the intersection of West Avenue and C.R. 21 and one sign be located at the intersection of West Avenue and Pleasant Street. The applicant has received an approved sign permit from Scott County Highway Engineer, Brad Larson, to locate two signs within C.R. 21 right -of -way. The signs will be a standard blue and white and contain the same wording as the signs which were erected by the MNDOT. The sign proposed at the intersection of West Avenue and Pleasant Street will be located at an intersection with a stop sign, therefore the directional sign can be much smaller than the signs located on S.T.H. 13 and C.R. 21. Staff would recommend that the maximum size sign should be 24" x 12" for the intersection of West Avenue and Pleasant Street. This size sign is comparable to the street signs which indicate directional arrows such as those found on one way streets. Staff notified approximately 70 residents who own property adjacent to the proposed sign locations on C.R. 21, West Avenue and Pleasant Street. Comments received from neighbors will be presented to the Planning Commission at the hearing. RECOMMENDATION The recommendation from staff is to approve the conditional use permit for five off - premises directional signs to be located within the City of Prior Lake as per attached maps. Rationale being that the City has determined that McWillies is an integral part of the community by changing its legal status from a non - conforming use to a conditional use. McWillies is the only restaurant on Prior Lake and there are no direct access routes available for restaurant traffic. The sign ordinance was written to allow relief to certain businesses that lack reasonable identification due to their location. The signs should be granted subject to the following conditions: 1. That the signs be maintained in safe, aesthetically pleasing and good structural condition at all times. 2. The maximum size of the sign to be located at the intersection of West Avenue and Pleasant Street not exceed 24 x 12 ". The sign should be constructed of cedar or redwood with routed letters. Sign colors should be similar to the color scheme used by McWillies. The sign design, location and color scheme should be subject to staff approval. 3. The signs not be illuminated. en ?o G / Applicant: !' /r Address: . a2-rc Property Owner Address: Consultant:_ Proposed Conditional Use Legal Description: tot Existing Use of Property APPLICATION FOR CONDITIONAL USE PERMIT Property Acreage: 42,500 Phone: H•L 7- AS 'l Phone- YV7 -9603 Phone: Present zoning: R -1 /S -D Conditional Use Being Requested erect off - premise directional signs at the intersecti of C R 21 6 West Avenue Weat 6 Pleasant St,. Highway 14 6 C.R. 21. Deed Restrictions: x No _Yes If so, please attach. Has the Applicant previously sought to plat, rezone, obtain a variance or conditional use permit on the subject site or any part of it: _No -IL_Yes Request: 19RS Condition Use P ermit wag gr ant d to allow rahnn7 Critigg rn tippa f i M Willi 4 When: SUBMISSION ROM RfMENTS :(A)Completed application form. (B)Complete legal description and parcel identification number (PID). (C)Filing fee. (D)Deed restrictions, if necessary. (E)Fifteen copies of site plan drawn to scale showing existing /proposed structures. (F)Additional information as requested by the Planning Director including but not limited to: existing grades and buildings within 100 feet, drainage plan with finished grade and relationship to existing water bodies, if any, proposed floor plan with use indicated plus building elevations, landscape plan with schedule of plantings and screening, curb cuts, driveways, parking areas, walks and curbing. (G)Certified from abstract firm the names and address of property owners within 500 feet of the existing property lines of the subject property. (H)Application and supportive data are due 20 days prior to any scheduled hearing. ONLY COMPLETE APPLICATIONS SHALL BE REVIEWED BY THE PLANNING COMMISSION. To the best of my knowledge the information presented on this form is correct. In addition, I have read Section 7.5 of the Zoning Ordinance which specifies the requirements for conditional uses. I agree to provide information and follow the procedures as outlined in the Ordinance. 5T.. -` - ®.2c_� 90 App icants Signature Date Same as Above ' Fee Owners Signature Date THIS SECTION TO BE PILLED OUT BY THE PLANNING, DIRECTOR PLANNING OOMNISSION _APPROVED _DENIED 11115/90 DATE OF HEARING CITY COUNCIL _APPROVED __DENIED DATE OF HEARING CONDITIONS• Signature of the Planning Director Date Rev1 0 0 3. 7 • 1e q ti y1 tY► 9 °u Sy y .0� I k'p 6.O' 90 UVU `i UU LL � E S \/ , \ � L � ; � �nY��(7II R � o �� \'' ' � �g "�� e 4 i AR s� �& � \5'� sgY 4•S' \ �---J ` 1�J 1� 1`J IJ�V R o-, &L1 V7 UV 11 2.8' V IUf1\l1 L 3.0' 54 "X 18 ", 3" R. 1.0" B• WHITE /BLUE LINE 1 34.01 1.0'. 4' -3' 0 LINE 2 09•C ` 1 -6 ARROW -180 LINE 3 38.71 4' 8 3.7' . "o 15A `gvy`y y�' ti� 'SyS 0 4.0' 4.51 M l • IJVU�Ul1�UV� 54 "X 18 3" R. 1.0" B. W41 TE /BLUE LINE I 34.0 4' -3' 0 . 1.0' LINE 2 09.0 ' 1 - -6 ARROW -0 LINE 3 38.7 ' 4 6 I A l . 11.1.6. 66 E r . ;, \ I Nr. S IrN PROPOSED OFF PREMISES DIRECTIONAL SIGN LOCATION N 4 NO SCALE uw r N,N .w IN N.ni 411 N .y . n11 ' i0 O� 0 WINE= � I.iN ur rulr.n NWI S%KK CrL0LU4&)C'F 5- - 7-2 R II (p) 7, ppermit in -B' al Districts either on pylons or ontte the building face. area devoted to this shall conform to sign area and location controls in this Chapter, but may be done in an intermittent lighting basis subject to timing and information controls stipulated a condition to the Conditional Use Permit. S. on-premise Signs: For the purpose of identifying or advertising a business, person, activity, goads, products or services located on the promises where the sign is installed and maintained, signs shall be regulated as set forth in Section 5 -7-4 (B) and (C). 9. nluminated Signs: Illuminated signs shall be allowed in "B" and "I" Districts. Such sign shall be illuminated only by steady, stationary, shielded light sources directed solely at the sign, or internal to it, without causing glare for motorists, pedestrians, or neighboring prenises. 10. No Trespassing Signs: No trespassing and no dumping signs shall not exceed two (2) square feet in area per side and not to exceed four (4) in number per lot in "R" Districts. Ln "A" and "C" Districts such signs shall not be less than three hundred feet (300') apart. lI. Off- Premises Directional Sign: For the purpose of providing off street direction to a residential project described in Sections 5 -7 -2 (A) described herein, or a new venture less than twelve (12) months following occupancy permit, a public, religious or nonprofit institution, or a use which in the determination of the Planning Commission incurs substantial hardship from lack of reasonable identification as a result of its location, a special use permit shall be required. Such sign shall not exceed twenty -five (25) square feet per face and such sign shall conform to the yard requirements of the Zoning District in which it is located. Such conditional use permit shall be issued for one (1) year periods. In addition, a directional sign may be permitted for any use which, in the determination of the Planning Commission, incur substantial hardship from lack of reasonable identification as a result of its location. If said sign is lighted, it shall be illuminated only during those hours when business is in operation or when the model hones or other developments are open for conducting business. 12. On-Premise Directional Sign: Where one -way access and egress drives are incorporated in a site plan, a sign indicating traffic direction no more et 51) of the street way d than fo f four feet (4') from the average grade level. A directional sign indicating the entrance to a two -way driveway may be approved or required where the Zoning Administrator deans it is necessary to safely direct the traveling public. rta.2M ROAtM, GENERAL PROVISIONS 3602 160.284 DESIGN; CONTRACT FOR MANUFACTURE. The department of transportation shall design a sign of such size and dimension and of a type sufficient to provide directional information, on slats designed for that purpose, for at least five individual resorts. The department of transportation shall contract for the construction or manufacture of such signs, either with private industry or through some agency of the gate. All such signs shall be of a standard size and design. History: 19. c 675 s 2; 1976 c 166 s 7 160.285 COUNTY PARTICIPATION. Subdivision 1. Any county of this state is authorized to expend county road and bridge funds for the purchase of signs under section 160.283, and for the erection of such signs along or adjacent to highways under their jurisdiction or along and adjacent to town roads within the county, provided that the cost of the signs to the counties muss be 100 percent reimbursed by the requester. Subd. 2. Counties may erect and maintain these signs at the expense of the requester on those county state -aid highways, county highways and town roads desig- nated in section 160.283, subdivision 2 provided that these sighs shall not be erected closer than 500 feet front trunk highways forming a part of the interstate system as provided in section 173.16, subdivision 4, clause (4), oreloser than 300 feet from other trunk highways as provided in section 173.16, subdivision 4, clause (5). Subd. 3. All money received from the purchase of signs from any county must be deposited in the state treasury and credited to the trunk highway fund. History: 1971 c 675 s 3; 1973 c 35 s 33; 1976 c 166 s 7,• 1984 c 417 3 6 160.29 MS 1953 [Repealed, 1957 c 943 s 721 160.29 VACATION OF PUBLIC WAYS; EFFECT. Subdivision 1. For purposes of this section the term "municipality" means any city, county or town. The term "public way" means any highway, road, street, canway, alley or lane or other publicly owned interest in real property which is open to the Gee passage and use of the public. Subd. 2. In proceedings under statute or charter to vacate a public way or portion thereof, a municipality may specify the extent to which such vacation affects existing easements therein and the extent to which the vacation affects the authority of any person corporation or municipality owning or controlling electric or telephone poles and lines, gas and sewer lines, or water pipes, mains and hydrants, thereon or thereun- der, to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove or othciwise attend thereto. History: 1971 c 4611 1.2; 1973 c 123 art 5 s 7 160.291 MS 1957 [Repealed, 1959 c 500 an 6 it 131 160.292 INFORMATION SIGNS FOR RESORTS AND RECREATIONALCAMP- ING AREAS; DEFINITIONS. Subdivision 1. For the purposes of sections 160.292 to 160.296 the terms defined in this section have the meanings It ren them. Subd. 2. "Specific service sign" means a rectangular sign panel not greater than 1.1/2 feet by six feet displaying the name of a rural agricultural business, place of worship, motel, restaurant, resort, or recreational camping area and, where appropri- ate, the direction to and distance to the rural agricultural business, camping area, motel, restaurant, or resort. Subd. 3. "Specific service sigh assembly' means a combiration of specific service sign panels not to exceed four panels to be placed within the d6haof- -way on appropri- ate approaches to an intersection. 1103 ROADS. GIENLAAI PROVISIONS 160.2" Subd. 4. - Specific service sign cluster mean- a grouping of specific service sign assemblies on appropriate approaches to a i intersection. Subd. 5. " Nonfreeway type highway means all roadways with crossing traffic at leade intersections except the roadway may have an isolated interchange. Subd. 6. - Resort" has the meaning Riven it in section 157.01 - Subd. 7. "Motel" has the meaning Riven to the word "hotel in section 157.0 1. Subd. 7a. "Restaurant" has the meaning given it in section 157.01. Subd. 8. "Recreational camping area" has the meaning given it in section 327.14. subdivision 8. Subd. 9. "Local road" means an% nontrunk highway. Subd. 10. - Specific sen:ce means restaurants and rural agricultural businesses. places of worship, and motels, resorts, or recreational camping areas that provide sleeping accommodations for the traveling public. History. 1980 c 413 s l; 1981 c SS s 1; 1984 c 417 s 7 : 1988 c 595 s 1,1 160.293 IN77FNDED USE. Subdivision 1. Purpose. Specific service signs are to be used to create and implement a system of signing forthe purpose of displaying specificservice information to the traveling public on nonfreeway type trunk highways in rural mess. Subd. 2. Specific service signs on nonfeawtq highways. A specific service sign may be crested at the intersection of a trunk highway with a local road. on bypasses of outdate municipalities, and subject to prior approval of the federal highway admin- istration at the intersection of two trunk highways. A specific service sign may not be erected if the place of business is readily visible or effective directional advertising is visible or the sign can be legally and effectively located near the intersection. Subd. 3. Number of bank highusy intersections. A specific Service sign for a rural agricultural business, place of worship, restaurant. motel, resort, or recreationas amp- ing area is limited to one intersection on the trunk highway system. Subd. 4. Tnilhlazlog, Appropriate signing on local roads between a trunk highway intersection and a specific service shall be the responsibility of the specific service and the local road authority. Subd. S. Signing standards. Placement of specific service sign assemblies shall be in accordance with Sections 160.292 to 160.296 and existing traffic control device standards. Subd. 6. Rural road makings. Rural roads, named and marked in accordance with resolutions from thew road authority, shall continue to be identified. History: 1980 c 413 s 1; 1981 c SS s 2.4; 1984 c 417 s 8.9. 1988 c 595 s 3,4 160.294 SIGN DETAILS, Subdivision I. Comhuetion of sign. Specific service sign panels shalt be made of reflective sheeting and shall be on blue background with white letters. arrows and border. The directional arrow and mileage shall be displayed on the same side of the panel as the direction of turn. Signing for straight ahead movement shalt not be permitted. Subd. 2. Specific service sign assemblies. Left directional panels shall be placed on top of the right directional panels. A gap shall separate a left panel from the right pane]. An assembly shall be spaced preferably 300 feet, but a minimum of 200 feet from other required signing. If no other signing is located at an intersection, the assembly shall be plated 300 fat in advance of the intersection. Assemblies within a cluster shall not be placed closer than SOD fat. No specific service sign or assembly shall be plated at a location that will interfere with other necessaq signing. ItfstOry: 1980 a 413 s 3 10.2" ROADS. (. l E as eapvtaW Is 1104 160.295 CRITERIA FOR SPECIFIC SERVICE SIGNS. Subdivision I. Conformity with law. A specific service identified on a specific service sign shall be in conformity with all applicable laws and rules concerning the provisions for public accommodation without regard to race. religion, color, sex or national origin. Subd. 2. Distance to specific service. A specific service sign may be placed on a nonfreewa) type road it the specific service is located within 15 miles of the qualifying site. Subd. 3. Motel, restaurant, and resort warrant. Hotels. restaurants. and resorts served by the specific service signing shall be licensed by the state department of health as required by section 157.03. Subd. 4. Recreational camping area. Recreational camping areas shall possess a state department of health license as required by section 327.15 and the following (1) A minimum of 15 camping spaces; (2) Modem sanitary facilities (flush, chemical. or incinerator toilets) and drinking %vater; and (3) Services available 24 hours a day. Subd. 5. Rural agricultural business. A rural agricultural business must be open a minimum of eight hours per day, six days per week, and 12 months per year. However, a seasonal business may qualify if it is open eight hours per day and six days per week during the normal seasonal period. History: 1980 c 413 s 4 :1981 c55 s 5: 1984 c 417s 10, 11; 1985 c 248 s 70;1988c 595s5 160.296 SIGNS: ADMINISTRATION: RULES. Subdivision 1. Procedure. A person who desires a specific service sign panel shall request the commissioner of transportation to install the sign. The commissioner of transportation may grant the request if the applicant qualifies for the sign panel and if space is available. All signs shall be fabricated, installed, maintained replaced and removed by the commissioner of transportation. The applicant shall pay a ke to the commissioner of transportation to cover all costs for fabricating, installing, maintam- ing, replacing and removing. The requests for specific service sign panels shall be renewed every three years. Subd. 2. Seasonal strriees. All sign panels for seasonal services shall he covered or removed when the service is not available. Subd. 3. Communications. Any new or participating specific service business shall respond to any communication from the commissioner of transportation within X 30 days or an to place sign panel will be removed. Subd. 4. Sign removal. The specific service sign panels shall be removed by the commissioner of transportation if any of the requirements in sections 160.292 to 160.296 are not continually met. History: 1980 c 413 s 5 160.297 OTHER LAWS. Sections 160.292 to 160.296 provide additional authority to trect signs on nonfree- way type highways and do not limit the authority to erect highway signs provided by other law or rule. History: 1980 c 413 s 6 160.30 MS 1953 (Repealed. 1957 a 943 s 721 160301 MS 1957 (Repealed. 1959 c $00 art 6 s 131 16031 MS 1953 (Repealed, 1957 a 943 s 72) 160311 MS 1957 (Repealed, 1959 a 500 art 6 s 13) Scott County Highway Department 600 Country Trail East Jordan, MN 55352 APPLICATION FOR PERMIT FOR INSTALLATION OF UTILITIES OR FOR PLACING OF OBSTRUCTIONS ON ROADS Name of Applicant: Address: 3'j Contact Person: Phone i f� - 9Lo 3 Contractor: i. Nature of work: car 2. Location: 3. Size and Kind of Structure: 4. Depth of Structure from Road Surface: 5. Work to Start on or after: 6 - 4 90 6. will detouring of traffic be necessary: 7. Roads involved: a. Include sketch of site plan with application. (I) (we) the undersigned, hereby apply for a permit from Scott County for the above. (I) (we) understand that the approval of the County Engineer must be obtained for issuance of this permit and that (I) (we) herewith accept the terms and requirements of the Scott County Board of Commissioners. Date: t-- Y( - 90 Permit This application is hereby approved for granting the work to be done as described in the above application with the following DATE: REGULA'T'IONS Safety 1. Flags, flares and barricades shall be erected to protect traffic and persons. 2. Traffic to be allowed to pass at all times. If it is not possible to allow traffic to pass a suitable detour must be provided. 3. All necessary municipal permits must be obtained. 4. Underground construction must not destroy root growth of trees or shrubs. Roadway 1. Installation of pipe under certain .roads may require boring or jacking if so requested by the Engineer. 2. All backfilling to be 3/4 minus Limestone placed in 6 layers and thoroughly tamped and must be flush with road surface when finally in place. 3. Bituminous surfaced roadway shall be restored to original condition. 4. No tractors or equipment with lugs shall be driven on bituminous surfaced roads without planking to prevent damage to that mat. Limitations 1. Roadside to be cleaned up after completion of work. 2. If the ounty shall make any improvement or change on all or any part of its right -of -way upon, over, under or along the county road, then and in every case, the applicant herein named shall after notice from Scott County proceed to alter, change, vacate or remove from the County Road said works necessary to conform with said changes without cost whatsoever to Scott County. 3. After work on a project is completed said persons doing work must notify the county engineer's office that such work has been completed and ready for final inspection and acceptance. Attachment l2 Page 2 CERTIFICATION OF COMPLIANCE RESORT: I (We), the undersigned do hereby certify that this business MOTEL: establishment is licensed by the State Department of Health, as RESTAURANT: required by Minnesota Statutes 157.03. Q CAMPGROUND: I (We), the undersigned, do hereby certify that this campingearea does possess a State Department of Health license, as by Minnesota Statutes 327.15, and that the following criteria will be met: - A Minimum of 15 spaces available; - Modern sanitary facilities (flush, chemical or incinerator toilet) and drinking water available; - Services available 24 hours a day. Further, I {We) do hereby certify that this business conforms with all applicable laws and regulations concerning the provisions for public accommodations without regard to race, religion, color, sex or national origin. that (1) my place _ ( (We) also certify, in compliance with Minnesota Statutes, 2) effective no business advertising signs of business is not readily visible from the trunk highway, directional adver�fising is not possible, and (3) can be legally and effectively located near the intersection. I (We) do also agree to participate in any additional maintenance and /or sign replacement costs for my specific service sign s resulting from damage, vandalism and other such occurrences beyond l tbe c r for replacement costs addition, I (We) understand that I (We) the signs must be refurbished due to natural deterioration, at the time normally an S to 10 year period. I.nsofa^ as possible, Mn /DOT will furnish advance written notice of sign replacement costs must renew my request for I (We) realize that, according to State Law, I (We) specific services signing every three (3) years. the Where specific service signs arei inplace, and /D T determines will be based on a highway signing requiries upgrading, ten year depreciation schedule. I, (We) the undersigned, herewith accept the terms and conditions of the herewith to the satisfaction Of the Minnesotat0epartmentrof Transportationl. Dated: — o Applicant's Signature(s): Business Name: Attachment No. 2 MINNESOTA DEPARTMENT OF TRANSPORTATION Meg /DOT Use only APPLICATION FOR INSTALLATION OF Control SPECIFIC SERVICES SIGNING Y.H. 13 Section 700/ ON TRUNK HIGHWAYS Area Permit Mil epbTnT - (RESORTS, CAMPGROUNDS, MOTELS, AND RESTAURANTS ONLY) pp i n ame, /g:5 - 'Tgroil K BALL.4,fQ ree ress or RK o U E - ,r/ I >3 L a e, 1p a ep one R LA.t'<' In I Al SS z_ (l �1u7 -T604 ss ama be shown on sign: /'7Z' MILL - % 7 a L Fill in Exact Business I lmln L I Line I Name to be shown on sign: I I Line 2 (if needed) Type of Business: 1_1 RESORT — 1 CAMPGROUND & RESTAURANT 1_1 MOTEL Months of Estimated tatlmaceo Operation: I /y Opening Date Closing Date (Note: Mn /DOT must be notified 30 Days in Advance of Opening and Closing Dates.) Exact Location of Business: PAP /Olt 44e E ' SG a TT C ounty Township ign ng oca ion: n ersec on of T. W. i 3 an Trunk Highway Approach to Intersection Signing Requested: 4W One Two Three Exact Distance from Signed Intersection to Business: / miles. NOTE: Additional Guidance ('Trailblazing') from the Trunk Highway Intersection to the place of business will be the responsibility of the owner and the local road authority, as'mandated by Minnesota Statutes. Applicant must read, complete, and sign the attached Certification of Compliance prior to sign fabrication and installation. Individual Sign Fee $225 x 2 signs ' S 4 60-0 0 (Fabrication, installation an3 overhead) TOTAL FEE 1 _ 460-00 Valid from to Renewal Date EWr OF TRANSPORTATION Dated 6;-1- 90 Authorized Attachment 12 Page 2 CERTIFICATION OF COMPLIANCE ® RESORT: I (We) , the undersigned do hereby certify that this business RESTAURANT: requiredhbynMinnesotan Statutesh State Department of Health, as 157 .03 Q CAMPGROUND: doesepossessuadStaten Departmenteof Health license 1 8s c requi g red rea by Minnesota Statutes 327.15, and that the following criteria will be met: - A Minimum of 15 spaces available; Modern sanitary facilities (flush, chemical or incinerator toilet) and drinking water available; - Services available 24 hours a day. Further, I (We) do hereby certify that this business conforms with all applicable laws and regulations concerning the provisions for public accommodations without regard to race, religion, color, sex or national origin. 1 (We) also certify, in compliance with Minnesota Statutes, that (1) my place of business is not readily visible from the trunk highway, hway, (2) effective signs directional adve`r{ising is not possible, and (3) no can be legally and effectively located near the intersection. I (We) do also agree to participate in any additional maintenance and /or sign replacement costs for my specific service s gn s resulting from damage, vandalism and other such occurrences beyond l the be control eplaceme costs addition , I (We) understand that I (We) at the time the signs must be refurbished due to natural deterioration, normally an 8 to 10 year period. Insofar as possible, Mn /DOT will furnish advance written notice of sign replacement costs. I (We) realize that, according State Law, 1 (We) must renew my request for specific services signing every three (3) years. Where specific service signs are inplace, and Mn /DOT determines that the highway signing requiries upgrading, a credit for the cost will be based on a ten year depreciation schedule. I, (We) the undersigned, herewith accept the terms and conditions of the herewith to the the MinnesotatDepartmentrof Transportation• Dated: Applicant's Signature(s): Business Name: v j o PRIG 7 v x r� P A" 'M1 N ES "CU01PN" HERITAGE 1891 COMMUNFrY 9lyl f- T1_ V 1991 2091 NOTICE OF HEARING FOR CONDITIONAL USE PERMIT You are hereby notified t: at a hearing will be held by the Planning Commission in the Prior Lake Council Chambers at 4629 Dakota Street S.E. on: THURSDAY, NOVEMBER 15, 1990 at 6:30 P.M. PURPOSE OF HEARING: To consider a conditional use permit application for Jan Ballard of McWillies Restaurant. SUBJECT SITE IACATION: 3950 Green Heights Trail Lot 20, Green Heights 1st Addition REQUESTED ACTION: The applicant wishes to erect five off premises directional signs within the City of Prior Lake to direct traffic to McWillies Restaurant. The proposed signs are to be located at the in of S.T.H. 13 and C.R. 21; C.R. 21 and West Avenue; and the intersection of West Avenue and Pleasant Street as per attached maps. The signs are proposed to be blue and white and contain the name "McWillies Restaurant - Marina" and a directional arrow. The applicant must receive approval from the City of Prior Lake Planning Commission and City Council in order to erect the proposed directional signs within the community. 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 November 7, 1990 4629 Dakota St. S.E, Prior lake, Minnesota 55372 / Ph (612) 4474230 / (612) 447 -4245 /F PRI V T. r HERITAGE FUM COMMUNITY YyS�? ti 1991 2091 PLANNING REPORT APPLICANT: CHRISTENSEN BUILDING CORPORATION ITEM: CONDITIONAL USE PERMIT AND VARIANCE APPLICATIONS PRESENTER: HORST GRASER PUBLIC HEARING: X YES NO DATE: NOVEMBER 15, 1990 S ITE ANALYSIS The Planning Department has received an application for conditional use permit and a variance in conjunction with a retail development northwest of the intersection of Pleasant Street and STH 13. The development proposal consists of a 7,936 square foot retail center with a detached car wash and a three pump island gas dispensary. The car wash is a conditional use permit in the B -2 District. The two variances are an 18 foot setback variance from STH 13 R.O.W. for the pump island canopy and an 8 foot variance to allow a 32 foot driveway width rather than the required 24 feet (Zoning Ordinance Section 6.5D). PREVIOUS PROPOSALS The site is vacant and to Staff's knowledge has never been developed. The current owner, Mr. Harry Tupy, has on several occasions presented conceptual plans for a variety of uses. Staff did conduct informal reviews, however, none came to fruition. On October 10, 1990, Staff drafted a memo to City Manager Dave Unmacht, the subject of which was a concept review for a development plan submitted on October 2, 1990, for the subject site. PHYSIOGRAPHY The subject site is .85 acres in size and bordered by Pleasant Street on the south and a publicly owned access road on the east. The grade of the site is virtually flat with no overstory. There is a potential of soil problems on the southern one half of the site. Grade is not a development constraint. ADJACENT USES The subject site is the largest parcel in the central business district block bordered by Main Avenue, Pleasant Street, STH 13, 4629 Dakota St. S.E, Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 and County Road 21. There are six other parcels in this block all of which are developed. The most recent is the Viking Liquor expansion which is in the final stages of completion. This improvement will greatly help the appearance and image of this block as viewed from STH 17. On the other hand, the appearance of this block from Main Avenue tends to erode the strides made by Viking Liquor. The three uses which face Main Avenue, including Extra Inning Saloon, A -1 Radiator, the single family home, and the rear of the hardware store which are not being maintained and compromise the environmental and business quality of the block and certainly project a negative image to consumers and investors. The image of the block could be improved greatly by cleaning up the rear of the buildings and some minor investments in the exterior of the structures. The uses along Main Avenue will undoubtedly lose visibility and most importantly, redevelopment options after this proposal is built. EXISTING CONDITIONS Architecturally the above referenced block has little continuity. Perhaps the only common element is heights and traffic circulation. It is a common goal by both the private and public sector to improve the business vitality of this block. Unfortunately the private sector which includes five owners have done little along this goal. Perhaps some of the reasons why the subject site has failed to develop are difficult access, soil conditions, market factors, T negative influences by other uses. Perhaps the overriding issue in this case was access. This year, Pleasant Street, County Road 21, and the frontage road between Pleasan Street and County Road 21 were completed. These improvements stablished permanent access points and eliminated much non -busy -ss through traffic. The frontage road is currently owned by s_�Zt County but will eventually be turned back to Prior Lake. Its construction was required after the direct land access was closed in favor of the Pleasant Street access. The proposal indicates a parking lot for this public road. The County must acknowledge this plan before any final approvals can be given. Outlot B which is located between the proposed building and Viking Liquor was originally intended to provide legal access to the two Viking Liquor lots, cannot be developed with a structure. Both Viking Liquor and OK Hardware have access easements across it. Utilities are of size and capacity to accommodate the proposed car wash and retail center. NEIGHBORHOOD ISSUES /IMPACT /CONCERNS: It is self evident that the subject block has evolved with no overriding concept. In order for the business in this block to be stronger economically they must be linked properly. This includes architecturally, pedestrian, and from a traffic circulation perspective. The development of this block should be along the parameters of a shopping complex rather than six independent business sites. The single most important factor when considering the viability of the subject block is the frontage road system now in place. Nothing should compromise its function. Architecturally the proposed building should be of brick or perhapr stucco to match Viking Liquor. It was a contingency item for the Amoco conditional use that the building be faced with brick. The City Council has established the following goal: To insure that future residential, commercial, and industrial development and redevelopment of the City is well planned, of high quality, and guided by the Citv's values as reflected in its mission statement. This lofty goal means that this most visible site should be developed to its highest potential in accordance with a well designed plan that gives a positive experience to the consumer and positive identity to the community. There is a question as to the need for another convenience store /gas outlet along the STH 13 business strip. Such facilities currently dominate about half the frontage on STH 13. Although this is a permitted use in B -2 Districts, the City does have the flexibility of not issuing the Conditional Use and variances which would kill this proposal. The impact on the uses facing Main Avenue will be dramatic. Currently, the western portion of the subject site is being utilized for storage, access, repair of vehicles and parking. The development of the subject site will make it extremely difficult to redevelop the three independent sites facing Main Avenue without government involvement. The developer of this subject site should be encouraged to acquire the businesses facing Main Avenue and incorporate the land into this proposal. PROBLEMS /OPPORTUNITIES The subject site affords a premium location from east -west traffic on County Road 21 and north -south traffic on STH 13. The prospects for a successful business endeavor are good. From an area -wide and City perspective, this development will have a positive impact throughout the downtown strip. It is unfortunate that Prior Lake does not have a detailed redevelopment plan in place. The STH 13 strip study adopted previously by the Council merely outlines the deficiencies in the transportation system and recommends improvements. The Planning Commission /Council must decide how best to interpret informal and vague goals and objectives discussed at previous meetings. The critical elements in such a plan include exterior finish materials, traffic circulation, landscaping and site planning. DEVELOPMENT SUMMARY The subject site is .85 acres in size and zoned B -2 community business. The setback from STH 13 is 50 feet from the R.O.W. and the rear yard setback is 15 feet (measured from the Viking Liquor property). The front and side yard setbacks are 0 feet. There is no building coverage in the B -2 District. Currently there is no landscaping requirements, however, the conditional use process allows the inclusion of landscaping as a condition of the permit. Parking requirement for retail is one space for 200 square feet of floor space. One space for 75 square feet is required for personal service and eating and drinking establishments. Past food is one space for every 15 square feet of floor space. The setback for freestanding signs in B -2 Districts is 0 feet. The zoning code does not require a survey of the site, however, the City should not grant final approval of the proposal until the site plan has been transferred onto a survey. CODE REQUIREMENTS Lot size Zoning Setback building Setback sign Coverage Percent landscaped Driveway access 5000 sq. ft. B -2 0 front; 15' rear, 50' STH 13 0 No limit None required 24' Parking As delineated above DEVELOPMENT ANALYSIS PROPOSAL 37,000 sq. ft. 32' STH 13 Requires variance None shown None given Percent not given 32' requires variance 38 The proposal entails a 7,936 square foot retail building that includes video rental, tanning, a Superett� Subway Sandwich, Cajun Joe Restaurant with a pickup window and restaurant seating. The superette will also feature a three pump island gas station and detached car wash. It is very desirable from the public sector perspective to have a building proposal for this highly visible lot. A well designed and integrated development will make the entire block stronger economically. However, the proposal indicates an overbuilt condition. The points are as follows: 1. Virtually the entire lot is consumed by asphalt or buildings. A town center development should have more landscaping than is indicated. The planter island is too narrow for plant material to survive. The three trees in the northwest corner are a token planting that is hidden and provides little benefit to the public. 2. The frontage road is used for parking without County approval. This may be an acceptable plan but not without County participation. 3. The sidewalk is on State R.O.W. and must receive a permit from MDOT. 4. The driveway opening to Pleasant Street cannot exceed 32 feet. Reducing the opening will cause frontage road traffic to filter through the area between the building and the stalls along the STH 13. The frontage road traffic should be confined to a easily recognizable through road. The opening should be as close to the building as possible to allow for stacking on Pleasant. The turning radi for the opening must be 15 feet. 5. Some of the parking stalls along STH 13 are on city /state /county right of way. A survey is essential to make that determination. If this plan is approved the frontage road should be vacated and a new easement in favor of Viking Liquor and oR Hardware store granted. 6. A vehicle facing north and parked at one of the pump islands will have to execute a difficult maneuver to exit back to Pleasant Street. A van or pickup truck will have to exit through the confining oneway system at the west end of the building. 7. The car wash and driveway are virtually on the west property line. It does not allow the opportunity for landscaping. Since this site is overcrowded it leads to the question of whether there should be an additional car wash in the town center. The Amoco Station currently operates a car wash similar to the one planned here. Elimination of the car wash will greatly help reduce the use intensity of the site. 8. The exterior finish materials of the two buildings are decorative concrete block with tile accent panels. The Amoco conditional use permit was conditioned on uniform face brick. This proposal ^ should at least equal that standard. At this point the demands of the proposal exceed the capabilities of the site. The difficult turning movements in addition to this lack quality and quantity in the form of landscaping and building material are evidence that this application should be denied at this time. An alternative would be to continue this proposal in order for the applicant to resubmit a revised site plan. A recommendation is to reduce the size of the building by 20 to 30 percent and be more sensitive to through (frontage road) traffic. i i_ - 5' i Ll 0 Pio '= - 1 /fir l� - • 1 1 vii � f _ - •'•. - Vie. � �':.: {��• fi t` � 1 - • � .�_%.' - -Fir . .a4. ft . 1i ' i1 1:1 � 11 \• - • 11.`•:1 - �.• ,Y bt u all • r P, t i M ' � � n � • x1 _`R Y N 1' 11 . ^ Ii T i. 1:1" O •• 11_Kt ..• j � a -� tea._ � 5!�_�._t_•,t ii, t' /F PR J HERITAGE 1891 COMMUNITY va {7_ t' 1991 2091 ** *PLEASE NOTE: THIS IS A REVISED NOTICE * ** NOTICE OF HEARING FOR VARIANCE You are hereby notified that a hearing will be held by the Planning Commission in the Prior Lake Council Chambers at 4629 Dakota Street S.E. on: THURSDAY, NOVEMBER 15, 1990 at 8:45 P.M. PURPOSE OF HEARING: To consider a variance application for Ronald Christenson of Christenson Building Corporation, 2910 Multifoods Tower, 33 S. 6th St. Mpls, MN 55402. SUBJECT SITE LOCATION: Lot 3, Block 1, Langhorst 1st Addition and Outlot B, Langhorst 1st Addition. or more commonly described as the .87 acres located on the northwest corner of the intersection of S.T.H. 13 and Pleasant Street in Prior Lake. REQUESTED ACTION: The applicant wishes to build a commercial building and car wash as proposed on the attached plan. In order to build the canopy over the proposed gas pumps, it will be necessary for the applicant to receive approval of an eighteen foot east front yard variance from the fifty foot setback requirement from S.T.H. 13 right -of -way. In addition, the applicant proposes to construct a 32' foot side driveway entrance from Pleasant Street to the retail site. The City of Prior Lake driveway width standard is 24' feet. The applicant will require an 8' foot driveway width variance in order to develop the site as proposed on the attached maps. 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 November 9, 1990 4629 Dakota St. S.E., Prior lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax(612)447-4245 OU _11 - PID1 mot• / ✓ -)_.,n a� APPLICATION FOR CONDITIONAL USE PERMIT as•�v7 -oo 3 -� Applicant: Ronald Christenson /Ch Address: 2910 Multifoods Tower, Property Gwner• Harry Tupy Address: 18076 W ee�c Lane Prig GMSUltant: Charles Novak Archit Address: 14750 South Robert Tr Proposed Conditional Use Address Legal Description: PID (two lots Existing Use of Property: vacant Buil ding Corp. home phone: 929 -7128 St. M lls, MN Work Phone: 338 -7173 540 Hove Phone. 447 -6623 Property Acreage: .87 acre Present Zoning Conditional Use Being Requested: Car wash Deed Restrictions: X No _Yes If so, please attach. Has the Applicant previously sought to plat, rezone, obtain a variance or conditional use permit on the subject site or any part of it: x No Yes Request: _ _When: SUBMISSION REDUIRR ENPS :(A)Completed application form. (B)Complete legal description and parcel identification number (PID). (C)Filina fee. (D)Deed restrictions, if necessary. (E)Fifteen copies of site plan drawn to scale showing existing /proposed structures. (F)Additional infomation as requested by the Planning Director including but not limited to: existing grades and buildings within 100 feet, drainage plan with finished grade and relationship to existing water bodies, if any, proposed floor plan with use indicated plus building elevations, landscape plan with schedule of plantings and screening, curb cuts, driveways, parking areas, walks and curbing. (G)Certified from abstract firm the names and address of property owners within 500 feet of the existing property lines of the subject property. (H)Application and supportive data are due 20 days prior to any scheduled hearing. ONLY COMPLETE APPLICATIONS SHALL BE REVIEWED BY THE PLANNING COMMISSION- To the best of m/ knowledge the information presented on this form is correct. In addition, I have read Section 7.5 of the Zoning Ordinance which specifies the requ#12jents for c9ndi&!*,pA *es. I agree to provide information and follow the Fee THIS SECTION TO BE FILLED OUT BY i u , • • •,• t• , x s, •• Y ".• } Ix }I Ante Date DATE OF HARING DATE OF HEARING Signature of the Planning Director Date / PR IO k HERITAGE COMMUNITY 9ylr9r- 1 � 1891 1991 2oy> 1 JJ T- NOTICE OF HEARING FOR CONDITIONAL USE 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. NOVEMBER 15, 1990 at 8:45 P.M. PURPOSE OF HEARING: To consider a conditional use permit application for Ronald Christenson of Christenson Building Corporation, 2910 Multifoods Tower, 33 S. 6th St. Mpls, MN 55402. SUBJECT SITE LOCATION: Lot 3, Block I, Langhorst 1st Addition and Outlot B, Langhorst 1st Addition. Or more commonly described as the .87 acres located on the northwest corner of the intersection of S.T.H. 13 and Pleasant Street in Prior Lake. REQUESTED ACTION: The applicant wishes to build a commercial building and car wash as proposed on the attached plan. In order to build a car wash, the applicant must receive approval of a conditional use permit from the Prior Lake Planning Commission and City Council. 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 November 8, 1990 4629 Dakota St. S.E, Prior Lake, Minnesota 55372 / Ph. (612) 447 -4230 1 Fax (612) 447 -4245 \ 1 1 1 M A I N A V E N U E � tiltC I W I I I r I W 1 I W I � I PROPOSED BUILDING PROPOSED CONDtT N �'✓\ 0 USE: CAR WASH IN B -2 ' Fait mY BUSINESS DISTR s •r I - 3 x I I r I W 1 I W I � I AI I I I al I YI I > e I r r c.•wr .AO I v m. I N • � I I Z PROPOSED 8' VAR IM E ALLOW 32' DRIVEWAY IEP �� n '°"" �k I O RATHER THAN REQUA Z ien 0=7.. Ii V 24' DRIVEWAY WIDTH 1 I 3 % N ., i PROPOSED 18' VARIAN E W � 32' TO LOCATE PUMP IS 32' FROM S.T.B. I -OmW S T A T E H I G H W A Y 1 3 S I T E P L A N 5 CE LE 1 . !0• -e '�• PROPOSED BUILDING AI I I I al I YI I > e I r r c.•wr .AO I v m. I N • � I I Z PROPOSED 8' VAR IM E ALLOW 32' DRIVEWAY IEP �� n '°"" �k I O RATHER THAN REQUA Z ien 0=7.. Ii V 24' DRIVEWAY WIDTH 1 I 3 % N ., i PROPOSED 18' VARIAN E W � 32' TO LOCATE PUMP IS 32' FROM S.T.B. I -OmW S T A T E H I G H W A Y 1 3 S I T E P L A N 5 CE LE 1 . !0• -e '�• BUILDING FLOOR PLAN 4l':wa[I K'ti 4Y:a— IMSV� 4Laii A a.J 'auy —/ EAST BUILDING ELEVATION a 'S ES NORTH BUILDING ELEVATI m PROPOSED COMMERCIAL BUILDING REASANT STREET AT STATE HKMAY 0 KNOR LAKE, WSEWTA LAUGHORS44 ADDITION �� .j r 4 Nrl `'Itl Z �sO�� . ....... ..... .. . . . . . . . . . . . . . .... ...... ... . .. ..... -. I