HomeMy WebLinkAbout1990 October Planning Commission Agenda PacketsOGT06ER..
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HERITAGE COMMUNITY 9-✓f97N
1891 1991 209>
REGULAR PLANNING COMMISSION MEETING
AGENDA
OCTOBER 4, 1990
7:30 P.M.
7:30 P.M
7:35 P.M
CALL TO ORDER
REVIEW MINUTES OF PREVIOUS MEETING
HEARING LAKE 6 SIDE LANFORD ADLER
YARD VARIANCE
* Indicates a Public Hearing
All times stated on the Planning Commission Agenda, with the
exception of Public Hearings, are approximate and may start a few
minutes later than scheduled.
4629 Dakota St. S.E., Prior fake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 447.4245
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HERITAGE
1891
COMMUNITY
1991
PLANNING COMMISSION
MINUTES
SEPTEMBER 20, 1990
The September 20, 1990, Planning Commission Meetin
order by Chairman Kedrowski at 7:30 P.M. Those
Commissioners Loftus, Arnold, Kedrowski, Wells,
Planner Deb Garross, Associate Planner Steve Hess,
Rita Schewe. Commissioner Roseth was absent.
was called to
present were
Assistant City
and Secretary
ITEM I - REVIEW MINUTES OF PREVIOUS MEETING
MOTION BY LOFTUS, SECOND BY ARNOLD, TO APPROVE THE MINUTES AS
WRITTEN.
Vote taken signified ayes by Kedrowski, Loftus, Arnold, and
Wells, MOTION CARRIED.
ITEM II - PARAGON HOMES - VARIANCE
Representative for Paragon Homes was not present at 7:35 P.M.
Greg Schweich arrived at 7:45 P.M. Mr. Schweich stated that he
purchased Lot 50, Northwood and is requesting 3.35 foot north
side yard variance, 5 foot south side yard variance, 5 foot front
yard variance, 32 foot Lakeshore variance and a 120 square foot
minimum lot area variance for 3175 Linden Circle to construct a 2
story house
Steve Hess, Associate City Planner, presented information as per
memo of September 20, 1990. The home is proposed to be built on
a vacant lot and staff has recommended that the applicant move
the structure as far from the lakeshore as possible.
The recommendation from staff is to approve the variances based
on the premise that the lot is a parcel of record and the Zoning
Ordinance states that such lots are buildable. In addition, the
City Council has interpreted the "se arate lot under common
ownership" issue to be enforced at the time of building permit
application.
Harry Maudsley, 3189 Linden Circle, objected to the variance. He
is concerned that water drainage between lots will be a problem
and that the applicant is requesting too many variances. Mr.
Maudsley suggested that the home size should be reduced to
eliminate the need for variances.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
PLANNING COMMISSION MINUTES SEPTEMBER 20, 1990 PAGE 2
Larry James, 3147 Linden Circle, objects to the variance and
stated that the lots 49 and 50 have been sold several times as
one building site. Mr. James felt that the construction of a
home on a 50 foot lot would deteriorate neighborhood.
Dean Sutliff, 3162 Linden Circle, objected to variance because it
will create a precedent within the neighborhood to grant similar
variances for adjacent Lot 49. Mr. Sutliff feels that the
applicant created his own hardship.
June Lemke, 3201 Linden Circle, stated that their garage variance
was denied by the City and that she objects to this variance
because she feels that it will deteriorate the neighborhood
where homes are valued at $175,000.00.
Comments stated by the Commissioners were concern over the
cumulative effect of excessive variances being requested for one
lot; drainage issues related to an unimproved street; concern
over the Council interpretation that substandard lots of record
can be buildable if they are under separate ownership at the
building permit stage; the legal rights of the owner to build on
his lot of record; options of refunding assessments or the
possibility to remove a small lot from tax rolls; the amount of
variances requested should be reduced; the intent of the
Shoreland Ordinance can been circumvented by the interpretation
of substandard lot buildability; and that the applicant should
attempt to advise the neighborhood of his intentions and come up
with a compromise.
Mr. Schweich presented the plan of the proposed home stating its
value is $220,000.00 and has a sale pending. He felt that
the variances are not excessive and he would be willing to adjust
his plan to reduce variances.
Motion by Wells, second by Loftus, to deny the variance and to
request the City Council to review the buildablility of
substandard lots. Discussion followed on this motion.
MOTION BY ARNOLD, SECOND BY WELLS, TO RESCIND THE COMBINED
MOTION.
Vote taken signified ayes by Arnold, Wells, Kedrowski, and
Loftus. MOTION CARRIED.
MOTION BY WELLS, SECOND BY LOFTUS, TO DENY THE VARIANCE FOR LOT
50, NORTHWOOD. RATIONALE BEING, THAT THE CUMULATIVE EFFECT OF
ALL OF THE REQUESTED VARIANCES WOULD NOT OBSERVE THE SPIRIT AND
INTENT OF THE ZONING ORDINANCE, THAT RESIDENTS HAVE STATED THAT
THEY FEEL PROPERTY VALUES AND THEIR NEIGHBORHOOD WILL BE
NEGATIVELY IMPACTED BY THE VARIANCES AS REQUESTED AND THE
COMMISSION CONCURS THAT SUCH VARIANCES WOULD BE DETRIMENTAL TO
THE HEALTH AND WELFARE OF THE NEIGHBORHOOD.
PLANNING COMMISSION MINUTES SEPTEMBER 20, 1990 PAGE 3
Vote taken signified ayes by Wells, Loftus, Kedrowski, and
Arnold. MOTION CARRIED.
MOTION BY WELLS, SECOND BY LOFTUS, TO REQUEST THE CITY COUNCIL TO
REVIEW THE COMMON OWNERSHIP ISSUE AS IT RELATES TO THE
BUILDABILITY OF SUBSTANDARD LOTS WITHIN THE SHORELAND DISTRICT
AND TO CLARIFY THE "NEST EGG" VERSUS HARDSHIP ISSUES RELATED TO
DEVELOPMENT OF SUBSTANDARD LOTS OF RECORD.
Vote taken signified ayes by Wells, Loftus, Kedrowski, and
Arnold. MOTION CARRIED.
ITEM II - JOHN TURNER III - REAR YARD VARIANCE
John Turner, 14137 Shady Beach Trail, stated he is requesting a
2.5 foot east rear yard variance. He was in the process of
building a new home and stated that he had made a measurement
error and the deck was built over the required rear yard setback.
Deb Garross presented the information as per memo of September
20, 1990. This hardship situation was created by an individual
action not the provisions of the Zoning Code. Had the deck been
built as proposed in Building Permit 90 -109, no variance would be
needed. Staff recommendation is to deny the 2.5 foot variance
O plication due to a lack of hardship as defined by the Zoning
John Turner II, 14432 Watersedge Trail, stated he was responsible
for the measurement error but wanted the Commissioners to know
his son had done everything passible to be within the setbacks.
Comments from the Commissioners concerned the following:
Definition of Hardship, that the individual had made an honest
mistake however, a dangerous precedent could be set if a variance
is granted after a structure has been built, and in the absence
of hardship as defined by City Code.
MOTION BY ARNOLD, SECOND BY WELLS, TO DENY THE 2.5 REAR YARD
VARIANCE FOR 14137 SHADY BEACH TRAIL. RATIONAL BEING THAT NO
HARDSHIP HAS BEEN DEMONSTRATED WITH RESPECT TO THE ZONING
ORDINANCE.
Vote taken signified ayes by Arnold, Wells, and Kedrowski. Nay
by Loftus. MOTION CARRIED.
ITEM III - ROBERT WALTERS - SIDE AND REAR YARD VARIANCE
Robert Walters, 14407 Watersedge Trail, stated he is requesting a
5 foot south side and a 5 foot rear yard variance to construct a
22 X 24 foot garage. If he built within the setbacks, mature
trees would be lost and the driveway for garage would not be
functional.
PLANNING COMMISSION MINUTES SEPTEMBER 20, 1990 PAGE 4
Deb Garross presented information on the variance application.
The new Flood Plain Management Ordinance recently adopted
includes a clause stating that it is possible to build a garage
below the 909 by using upgraded building techniques, which the
applicant will do. Staff recommendation is to approve the
variance as requested. A hardship does exist as the lot is a
substandard lot, there is no garage existing on the property,
compliance with setback standards would cause the loss of
approximately 7 to 10 trees and that a 1978 building permit for
the home showed a future garage location that could not function
due to its close proximity to the side property line and
deficient driveway space.
Consensus from the Commissioners were supportive of the variance,
compatible with the neighborhood, and hardship not caused by the
applicant.
MOTION BY LOFTUS, SECOND BY ARNOLD, TO APPROVE THE 5 FOOT SOUTH
SIDE YARD AND 5 FOOT REAR YARD VARIANCE FOR 14407 WATERSEDGE
TRAIL. RATIONALE BEING THE LOT IS A SUBSTANDARD LOT, UNWORKABLE
PLAN CREATED BY THE FORMER BUILDER, NO GARAGE ON SITE, AND THE
VARIANCES WOULD NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE OF
THE NEIGHBORHOOD.
Vote taken signified ayes by Loftus, Arnold, Wells, and
Kedrowski. MOTION CARRIED.
MOTION BY ARNOLD, SECOND BY WELLS, TO ADJOURN MEETING.
Vote taken signified ayes by Arnold, Wells, Kedrowski and Loftus.
MOTION CARRIED.
Meeting adjourned at 9:47 P.M. Tapes of the meeting are on file
at City Hall.
Deb Garross Rita M. Schewe
Assistant City Planner Recording Secretary
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1891
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"VA23PC"
COMMUNITY
1991
PLANNING REPORT
APPLICANT:
ITEM:
PRESENTER:
PUBLIC HEARING:
DATE:
LANFORD ADLER
VARIANCE
DEB GARROSS, ASSISTANT
YES X NO
OCTOBER T
CITY PLANNER
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21
SITE ANALYSIS
the P
2 foo
for a de
om the C
a re-exist
deck.
has received a. variance application from
Inguadona Beach Circle. The applicant is
ng Commission to approve a 20 foot
rth side and 8.5 foot south side yard
edition. The deck was built without a
if Prior Lake. The applicant was given the
the deck or apply for the necessary
of Prior Lake. The applicant claims that
was removed and replaced with the existing
PREVIOUS PROPOSALS:
The a ng a am y home was built in 1971 under the jurisdiction
of Spring Lake Township. Inguadona Beach was annexed into the
City of Prior Lake in 1973. The only building permit on file
issued by the City was a garage ermit issued in 1983. There is
no record of an original building permit for the structure
located on Lot 2, Inguadona Beach.
PHYSIOGRAPHY:
Low 2 contains approximately 8,896 square feet and slopes
dramatically from Inguadona Beach Circle to the lake of Prior
Lake. Topography maps indicate a change in elevation from
approximately 930 to 904 which equates to a 19t slope for Lot 2.
The home constructed on the lot is a two story walk out. A
retaining wall has been constructed along the southerly pro art
line. The northerly part of the deck is situated at the walk out
elevation. The southerly deck is a second story deck that walks
out from a sliding glass door. A series of stairs have been
built to connect the lower level deck area to the waterfront.
ADJACENT USES:
There is a 20 foot parcel located immediately to the north of
Lot 2 that is a dedicated driveway for use of the respective
owners of land within the Inguadona Beach subdivision. Lot 3 is
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 1 Ph. (612) 4474230 1 Fax(612)447-4245
vacant and is utilized as back lot access for the property owners
within the Inguadona Beach Subdivision. The lot to the south is
developed with an older cabin which according to the applicant,
is used for a few months over the summer. The cabin is located
further from the lakeshore than the home on Lot 2.
DEVELOPMENT SUMMARY:
The site is zone R -1 Urban Residential and S -D Shoreland
District. The required setbacks are 75 feet from the 904 contour
and 10 feet from each side yard. The lot coverage of the home
and deck is approximately 22% percent.
DEVELOPMENT ANALYSIS
PLANNING CONSIDERATIONS
The home was built on the lot at an orientation which is parallel
to the shoreline. This orientation is logical when one considers
the physical elements of the lot. However, the skewed
orientation makes it difficult to work within the setback
parameters required by the Zoning ordinance. The lot is
substandard in size and the Planning Commission is forced to work
with a structure that was approved under another government
jurisdiction.
A second consideration concerns the process by which the new deck
was built. No building permit was applied for prior to the
erection of the deck. If the proper procedure had been followed,
the applicant would have been advised of the setback requirements
and no expenditure of materials and time would have occurred
prior to the variance hearing. In effect, the applicant has
created a hardship upon himself.
RECOMMENDATION:
The a re� ion from staff is to approve the 2 foot north side
yard and 20 foot lakeshore variance for the deck. However, staff
objects to granting the 8.5 foot south side yard variance. The
property to the south is an older cabin and will likely be
renovated or replaced with future home construction. Staff feels
that the proposed encroachment would be a negative influence of
development of the adjacent lot. The Planning Commission has
tended to grant up to five foot side yard variances for
substandard lots when a hardship is demonstrated. Staff would
not object to a five foot south side yard variance and believes
that hardship justification can be found due to substandard lot
size and the fact that the five foot home setback was approved by
a former government. A five foot south side yard variance would
allow the applicant use of his property and deck without
compromising the intent of the Prior Lake Zoning Ordinance.
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Phone: "7(v S/ Z
Phone: 114'7 9900
Phone:
Use
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Proposed Use
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Leg
Of
Zoning: 2- L
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Variance Requested : 21w
Has the applicant previously sought to plat, rezone, obtain a ypj1riance or conditional `!
use permit on the subject site or any part of it? d es M HO
What was requested -
When: D isposition:
Describe the type of isprovements proposed: DP'k 1k141'7;-'kN
s
(A)Campleted application form. (B)Piling fee (C)Certified from abstract firm, names
and addresses of property owners within 100 feet of the exterior boundaries of the
subject property. (D)Cmplete legal description Q Property Identification Number
(PID). (E)Deed restrictions, if applicable. (P)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 00MPLElE 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.
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/ A, Applicants Signature
Sulmittad Chia —aay of I
Fee Where Signature
THIS SPACE IS TO BE FILLED OUT BY THE PLANNING DIRECTOR
PLANNING COMMISSION _ APPROVED _ DENIED
CITY COUNCIL APPEAL _ APPROVED _ DENIED
DATE OF HEARING
DATE OF HEARING
CONDITIONS•
Signature of the Planning Director
Date
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Lice No. 10513
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HERITAGE COMMUNITY 9, 15U.N'
1891 1991 2091
"VA23PN"
NOTICE OF HEARING
FOR
SIDE YARD AND 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, SEPTEMBER 20, 1990 at 8:30 P.M.
PURPOSE OF HEARING: To consider a variance application
for Lanford Adler.
SUBJECT SITE LOCATION: 16640 Inquadona Beach Circle
Lot 2, Inquadona Beach
REQUESTED ACTION: The applicant is requesting the
Prior Lake Planning Commission to
grant several variances for a deck
attached to the westerly side of an
existing home. The applicant
requests a 20 foot lakeshore
variance from the 75 foot setback
requirement; a 2' north side yard
and 8.5 south side yard variance
from the 10 foot side yard setback
requirement.
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
September 13, 1990
4629 Dakota St. S.E, Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474M
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'P HERITAGE COMMUNITY -
J v 1891 1991 _9Q91
REGU PLANNING COMMISSION MEETING
AGENDA
OCTOBER 18, 1990
7:30
P.M.
CALL TO ORDER
7:30
P.M.
REVIEW MINUTES
OF PREVIOUS
MEETING
7:35
P.M.
HEARING
VARIANCE
PATRICK FLANAGAN
7:45
P.M.
HEARING
VARIANCE
DAVE AURINGER
8:00
P.M.
HEARING
VARIANCE
VAN -SMITH BUILDERS
8:15
P.M.
REORGANIZATION
* Indicates a Public Hearing
All times stated on the Planning Commission Agenda, with the exception
of Public Hearings, are approximate and may start a few minutes later
than scheduled.
4629 Dakota St. SE, Prior lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
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HERITAGE
1891
COMMUNITY
1991
PLANNING COMMISSION
MINUTES
OCTOBER 4, 1990
209/
The October 4, 1990 Planning Commission Meeting was called to
order by Chairman Kedrowski at 7:30 P.M. Those present were
Commissioners Loftus, Arnold, Kedrowski, Wells, Roseth, Assistant
City Planner Deb Garross, and Secretary Rita Schewe.
ITEM I - REVIEW MINUTES OF PREVIOUS MEETING
Corrections made to the minutes are as follows: Page two,
paragraph one, fourth line, insert the word "the" between
deteriorate and neighborhood; Page two, paragraph four, line two,
change the word "excessive" to "several "; Page two, paragraph
four, line ten, change the word "can" to "had ". Also add the
statement "that no comments were received from the DNR on the
Paragon Homes variance request."
MOTION BY ARNOLD, SECOND BY LOFTUS, TO APPROVE THE MINUTES AS
CORRECTED.
vote taken signified ayes by Kedrowski, Loftus, Arnold, and
Wells. Commissioner Roseth abstained as he was not present at
the September 20, 1990, meeting.
ITEM II - LANGFORD ADLER - LAKESHORE AND SIDE YARD VARIANCE
Chairman Kedrowski stated that due to business dealings with the
applicant through the Lions Club, he would turn the meeting over
to Vice Chair, Commissioner Arnold and abstain from any
discussion and voting on the variance request.
Langford Adler, 16640 Inguadona Beach Circle, stated that he was
requesting a 20 foot lakeshore, 2 foot north side yard and 8.5
foot south side yard variance for an existing deck addition to
his home. Mr. Adler stated that he was not aware that a building
permit was needed to replace a deck and that his contractor had
failed to get the required permits prior to building the deck.
Deb Garross presented the information as per memo of October 4,
1990. The lot is a substandard lot and the single family home was
built under the jurisdiction of Spring Lake Township. A new
building permit for the deck cannot be issued by staff unless the
Planning Commission grants variances for the structure. There
are no building permits on file for the home or deck therefore
4629 Dakota St. S.E., Prior Lake, Knrtesota 55372 1 Ph (612) 4474230 / Fax (612) 4474245
PLANNING COMMISSION MEETING OCTOBER 4, 1990 PAGE 2
the Planning Commission must deal with situation as if it were a
legal non conforming structure. Had the applicant applied for a
building permit before constructing the deck, he would have been
advised of the setback requirements and the expenditure of time
and materials would not have occurred. Therefore the financial
hardship was created by the actions of the applicant. The
recommendation of staff is to approve the 2 foot north side yard
and 20 foot lakeshore variance and to deny the 8.5 foot south
side yard variance. Staff would not object to a 5 foot south
side yard variance. The variances could be justified considering
the substandard lot size and area and that the side yard
variances would not allow the deck to encroach closer to the
property lines than the existing non conforming home. No
comments were received from DNR with regard to this variance
application.
Georgene Blackwell, Sacramento, CA, stated that she owns the
property to the south and was not against the deck but was
concerned about drainage from the applicant's property.
Comments from the Commissioners concerned responsibility to
uphold the code, the deck was considered to be too large, the
proposed south side variance seems excessive and there was
general agreement with the staff recommendation.
A motion was made by Commissioner Loftus, and seconded by
Commissioner Roseth. Discussion followed concerning the location
of the steps on the property line and if the Commissioners should
require the steps to be moved in conjunction with removal of part
of the deck. The motion was withdrawn by the maker and seconder
to solicit further information from the public.
After discussion on the steps it was decided that they are not
specifically regulated in the code and that it would not be
proper to restrict the location of the staircase at this time.
The consensus of the Commissioners was that staff should research
this issue and that the Zoning Code should include standards for
stairway size and setbacks.
MOTION BY LOFTUS, SECOND BY ROSETH, TO APPROVE FOR 16640
INGUADONA BEACH CIRCLE, A 20 FOOT LAKESHORE VARIANCE, 2 FOOT
NORTH SIDE VARIANCE, AND A 5 FOOT SOUTH SIDE VARIANCE FOR A DECK
ADDITION. RATIONALE BEING IT IS A SUBSTANDARD LOT, THE SIDE YARD
VARIANCES GRANTED WILL NOT ALLOW THE DECK TO ENCROACH FURTHER
INTO THE SETBACKS THAN THE EXISTING SINGLE FAMILY HOME. THE
LAKESHORE VARIANCE IS SIMILAR TO OTHER VARIANCES THAT HAVE BEEN
GRANTED IN THE INGUADONA BEACH NEIGHBORHOOD AND THAT THE
VARIANCES AS APPROVED, WOULD NOT BE DETRIMENTAL TO THE HEALTH AND
WELFARE OF THE COMMUNITY.
Vote taken signified ayes by Loftus, Roseth, Arnold, and Wells.
MOTION CARRIED.
PLANNING COMMISSION MEETING OCTOBER 4, 1990 PAGE 3
Deb Garross informed Commissioners Kedrowski and Wells of their
reappointment to the Planning Commission.
Commissioner Arnold turned the gavel over to Chairman Kedrowski
for the remainder of the meeting.
MOTION BY ARNOLD, SECOND BY LOFTUS, TO ADJOURN MEETING.
Vote taken signified ayes by Arnold, Loftus, Wells, Kedrowski,
and Roseth.
Meeting adjourned at 8:30 P.M. The tape of the meeting is on
file at City Hall.
Deb Garross Rita M. Schewe
Assistant City Planner Recording Secretary
PRIp
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HERITAGE COMMUNITY vylf-v ,V'
1891 1991 21901
PLANNING REPORT
APPLICANT: PATRICK J. FLANAGAN
ITEM: VARIANCE
PRESENTER: HORST GRASER, DIRECTOR OF PLANNING
PUBLIC HEARING: YES X NO
DATE: OCTOBER 18, 1990
SITE ANALYSIS
HISTORY /BACKGROUND
The Planning Department received a variance from Patrick Flanagan
of 15480 Omega Trail. Mr. Flanagan proposes to build a detached
22 x 3u garage eleven feet from S.T.H. 13 right -of -way. The
applicant is requesting consideration of a 39 foot front yard
variance from the R -O -W line of Highway 13.
PHYSIOGRAPHY•
T e app cant owns a large lot that is a triangular shape. The
lot area is 82,729 square feet or 1.89 acres. The lot is heavily
wooded and it contains a small ponding area in the westerly
corner of the property. There is currently a single family home
on the property that contains an attached garage.
ADJACENT USES:
T e a 7acen uses are single family homes and S.T.H. 13.
DEVELOPMENT SUMMARY:
The site is zone R -1 Urban Residential and S -D Shoreland
District. The property is located on the fringe of the Shoreland
District however, it is unlikely that this application has a
significant shoreland impact. Notice of the meeting was
forwarded to the DNR and MNDOT. The DNR has no comment and a
letter from William Warden of MNDOT is attached stating that the
Highway Department has no objection to the requested variance.
DEVELOPMENT ANALYSIS
PLANNING CONSIDERATIONS:
The panning considerations in this proposal are twofold: 1) To
determine whether hardship, according to the Zoning Code, exists
to justify the granting of a variance and 2) To consider the
public visual impact created by allowing a structure to be so
close to the right -of -way The lot is of irregular shape and
does contain a wetland with varying topographic elements.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447 -4230 / fax (612) 4474245
However, the property is very large with respect to a typical lot
within the R -1 zone. Staff would find it difficult to support
such an extreme variance considering the lot area available for a
garage location. The Planning Commission often finds itself
bound by small lot area or confined building envelopes and if
hardship is demonstrated, can offer some relief by granting a
variance.
The applicant claims that it is necessary to locate the garage as
proposed in order to maintain his private yard environment.
However, the purpose of the Zoning Code is to protect the public
as well as individuals. The public will have to view a large
garage located in a highly visible location adjacent to S.T.H.
13. It is the opinion of staff that the proposal submitted,
although good for the applicant, would be detrimental to the
general public who will lose the open space, clear vision area
that the fifty foot setback was intended to create. In addition,
a variance of the extreme proposed, will be detrimental to the
public in that it will establish a precedent for building
strictures within close proximity to the highway.
RECOMMENDATION:
The recommendation from staff is to deny the 39' foot variance
request. The lot is of a size that a detached garage can be
built in conformance to the setback standards of the Zoning Code.
The application fails to demonstrate a hardship that is valid to
justify the granting of a variance by the Planning Commission.
The request will benefit the property owner, however, the general
public will suffer the consequences. The requested variance is
detrimental to the health and welfare of the community and should
be denied.
CITY OF PRIOR LAKE
APPLICATION FOR VARIANCE
S. & GAwJ Rrme Phone: N<s7 72-
k/Ld.4 T.QAio sr rao Phone: -1&
Address: wo rk Phone:
Type of Ownership: Fee --- X — Contract Purchase Agreement
Consultant /Contractor: wino Pho ns;
Existing Use
of Property: A / �
fS l 77r c- P resent Zoning:
Proposed Use
of Property: co? k'da
Legal Description
of Variance Site: -'" d/)
Variance Requested: r/t.GCE
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 - &Jb
What was requested:
When: D isposition:
Describe the type of improvements proposed: / .0 ;OC'A54:�) 6�'?'
SUBMISSION s
(A)Campleted application form. (Wiling fee (C) rtified from abstract firm, names
and addresses of property owners within 100 eet of the exterior boundaries of the
subject property. (D)Complete legal description i Property Identification Number
(PID). (E)Deed restrictions, if applicable. (F)An area map at 1"200' availab e
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 is ¢povide informatio d follow the
procedures as outlined in the Ordinance. �/
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Submitted this (. day of Sz ?T 1 9 90 Xpplicants Siglature
Fee Owners Signature
THIS SPACE IS TO BE FILLED OUf BY THE PLANNING DIRECTOR
PLANNING COIMIISSION _ APPROVE _ DENIED DATE OF HEARING
CITY COUNCIL APPEAL _ APPROVED _ DENIED DATE OF HEARIW
CONDITIONS:
Signature of the Planning Director Date
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Transportation Building
3 St. Paul, Minnesota 55155
OF Tik Oakdale Office, 3485 Hadley Avenue North, Oakdale, Minnesota 55128
Golden Valley Office, 2055 North Lilac Drive, Golden Valley, Minnesota 55422
Reply to
Telephone No.
UcU ber 5. 1990
-*,PC
Det- Garrass Y,(„
Assistant City Pianner 'C
City of Prior Lake
4029 Dakota Street Southeast
Prior Lake. MN 55372
Re: Construction adjacent to TH13 Right of Way
Dear Ms. Garrass:
In regards to your letter of October 1, 1990, the set back for
the proposed garage construction by Patrick Flanigan.
I do not oppose this variance as long as all construe *_ion Of the
new garage is done off of MN /DOT Right of Way. MNiDGT doe, not
have a set back requirement as long as all work is off rigi,t of
way.
If you have any further questions please contact m= at telephone
number 593 - 8449.
William G. w rden
Roadway Regulation Supervisor
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An Equal Opportunity Employer
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HERITAGE
1891
COMMUNrTY
. *.
NOTICE OF HEARING
FOR
VARIANCE FROM S.T.H. 13 RIGHT -OF -WAY
2 (29 1
You are hereby notified that a hearing will be held by the
Planning Commission in the Prior Lake Council Chambers at 4629
Dakota Street S.E. on:
THURSDAY, OCTOBER 18, 1990 at 7:35 P.M.
PURPOSE OF HEARING: To consider a variance application
from Patrick J. Flanagan.
SUBJECT SITE LOCATION: 15480 Omega Trail S.E.
See survey for legal description.
REQUESTED ACTION: The applicant wishes to build a
22x36 detached garage eleven feet
from S.T.H. 13 right -of -way. The
required setback is fifty 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 11, 1990
4629 Dakota St. S.E, Prior lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
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HERITAGE
1891
1991
PLANNING REPORT
APPLICANT: DAVE AURINGER
ITEM: VARIANCE
PRESENTER: HORST GRASER
PUBLIC HEARING: YES X NO
DATE: OCTOBER 18, 1990
SITE ANALYSIS
9�J'v v
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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 27' front yard variance
from the centerline of C.R. 12 and a 30' 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:
The site is 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 is 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 45' from the 911 elevation
and 58 from the county road centerline.
PLANNING CONSIDERATIONS:
The applicant has 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
COMMUNITY
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph (612) 4474230 / Fax (612) 447 -4245
than each adjacent home. In fact, the applicant had originally
prol?o %ed 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. For this reason,
staff suggested that the home be moved five feet toward the lake
in order to maintain a 58' foot setback from the centerline 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 reco�ation from staff is to approve the 27' foot front
yard variance and 30' 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 adjacent homes and the granting of this variance would not
be detrimental to the health and welfare of the community.
I'd -1 e< xis 116 ,
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LOY W741WTM;0;6 •.
icant
Property Amer:
Address: A0:9 SF 2:Jc t Akt D
Type of Ownership: Fee Contract
vA- --42(a-
PIDi aS•l3 -t�9L, -0
_Hone Phone: A5'-359 -77Gi
Work Phone: 7 /S -FYZ• Mt.
._thane Phone: 612 - 98) - J&el
Work Phone:
Purchase Agreement_ k
_phone: W2 -YV7- 27&A
Existing Use
of Property: ChRla P resent Zoning: R I 5
Proposed Use
of Property: Xkid SIAr,,IE FiO A;i/ A"c
Legal Description SEC ����
of Variance Site: _lllt%t
Variance Requested:_Z7 4 het
Has the applicant previously sought to plat, rezone, obtain a variance or conditional
use permit on the subject site or any part of it? _files AND
What was requested:
When• Disposition:
Describe the type of improvements proposed: x6ce namicr ifgme
SUBMISSION REDUIREMEN i'S
(A)Cmpleted application form. (Wiling fee (C)Certified from abstract firm, names
and addresses of property owners within 100 feet of the exterior boundaries of the
subject property. (D)Complete legal description 6 Property Identification Number
(PID). (E)Deed restrictions, if applicable. (F)An area map at 1 availaLle
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 CMIISSION.
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 agr o pn*ide information and follow the
procedures as outlined in the Ordinance.
licant ignature
Submitted this 3-4ay of � 9�
e.
Fee Owners Signature
THIS SPACE IS To BE FILLED OUT BY THE PLANNING DIRB=
PLANNING COMMISSION _ APPRMV _ DENIED
CITY COUNCIL APPEAL _ APPRWED _ DENIED
DATE OF HEARING
DATE OF HEARING
CONDITIONS:
Signature of the Planning Director
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HERITAGE COMMUNITY 4
1891 1991 2
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 October 18, 1990 at
P.M.
PURPOSE OF HEARING: To consider a 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 will
grant a 27 foot front yard variance
and a 30 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 11, 1990
4629 Dakota St. S.E., Prior take, Minnesota 55372 / Ph. (612) 447 -4230 / Fm(612)447-4245
HER /TAGS COMMUNITY
1891 1991
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"VA25PR"
PLANNING REPORT
APPLICANT: VAN SMITH BUILDERS
ITEM: LAKESHORE VARIANCE
PRESENTER: STEVE HESS, ASSOCIATE PLANNER
PUBLIC HEARING: YES X NO
DATE: OCTOBER 18, 1990
SITE ANALYSIS
9X✓'JSf4.N
HISTORY /BACKGROUND
The Planning Department has received a variance application from
Van Smith Builders for the property located at 4688 Lord's St.
The applicant is requesting the Planning Commission to approve a
26 foot north side lakeshore variance and a 15 foot south side
lakeshore variance in order for the applicant to add a three
season porch to the existing single family home.
PREVIOUS PROPOSALS:
The existing ome was built in 1963 under the jurisdiction of
Eagle Creek Township. It was annexed into the City of Prior Lake
in 1973. There are no building permit records for the home. The
structure would be considered as a legal non conforming use
because the home location does not meet current Zoning Ordinance
setback requirements.
PHYSIOGRAPHY:
The su ec site is located on the eastern tip of Martinson's
Island. The property drops steeply off from both the north and
south side of the house, consequently the house has a walk out
basement. An elevation certificate supplied with the variance
application indicates that the basement floor is located above
the 909 regulatory flood plain elevation. The land immediately
adjacent to the basement wall sloQes from the north to the south,
with the steepest slope located directly behind the door. The
remaining yard to the east has very little relief as it extends
outward toward the lakeshore.
ADJACENT USES:
T e su ject site is an irregular shaped lot that is surrounded by
water on three sides. The property to the northwest is vacant
and the property to the southwest has a home located on it.
DEVELOPMENT SUMMARY:
The subject site is zoned R- 1 /Shoreland District. The subject
site is a lot of record and requires a 75 foot lakeshore setback,
a 50 foot lot width and a minimum of 7500 sq. feet.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 1 Ph. (612) 447 -4230 / Fax (612) 4474245
PLANNING CONSIDERATIONS:
T e oca ion o e su ject lot has major impact as to the affect
of the Shoreland Ordinance and setback requirements. The lot is
located at the end of an island and is consequently surrounded by
water on three sides. Under the Shoreland requirement, this lot
requires 75 foot lakeshore setbacks on the north, south and east
sides. The proposed porch addition will be less at variance than
the existing house. The porch is proposed to be built at an
elevation of 910, which is one foot above the required 909
elevation. There are several trees on the property, none of them
will be affected by the addition.
RECOMMENDATION:
The recommen ation from staff is to grant the 15 foot south side
lakeshore variance and 26' north side lakeshore variance as
requested. The irregular lot shape, and the existing
non - conforming setback status of the home provide hardship
justification for the variances. The proposed structure will not
encroach closer to the 904 than the existing home. It is the
opinion of staff that the 15 foot south side and 26 foot north
side lakeshore variances would not be detrimental to the health
and welfare of the community.
0
PMI 1� 9 z-
Applicant
V Address:
of
Existing Use
of Property:.
1,
Zoning:
of Property: 1C-k-b i Jl vh r : / -
Legal Description
of Variance Site: A-9
.L 6' N�V�e�► r
Variance Requested: _
Has the applicant previously sought to plat, rezone, obtain a variance or conditional
use permit on the subject site or any part of it? _.des wpb
What was requested-
Describe the type of improvements
J.
(A)Completed application form. (Wiling fee (C)Certified from abstract firm, names
and addresses of property owners within 100 feet of the exterior boundaries of the
subject Property. (D)Complete legal deacripti Property Identification Number
(PM) . (E)Deed restrictions, if applicable. (F area map at 1" 200' available
from the City Engineering Section shay 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 OOMR= APPLICATIONS SHALL BE REVIEWED BY THE PLANNn G CONNLSSION.
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 prov information and follow the
procedures as outlined in the Ordinance. [ jr,9
Submitted thise�Day of ".' 91) T -
,
Fee Owners signature
THIS SPACE IS TO BE FILLED OUT BY THE PLANNING DIRECTOR
DATE OF HEARING
DATE OF HEARn G
CONDITIONS:
N1016 ..
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tl
Phone: 4 79
Phone: m e
Phone: N47 -,40
Purchase
Signature of the Planning Director Date
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METRO
SURVEYORS
INC.
1873 PLAZA DR.
SWE 200
EAGAAt M. 33122
(612)132 -7830
PLOT PLAN FOR
VAN SMITH BUILDERS
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I HEREBY CERTIFY THAT THIO SURVEY. PL4N OR RCFOIIT _j2
HAS FREPARED DY IIE OR UNDER IR DIFFER SUPERVISION HIM
THAT I AN A DULY REGISTERED L44D SURVEYOR
UNDER THE IAN OF THE STATE OF IIINNES0TA. 1119 •
SEE ATTACHED FOR
LEGAL DESCRIPTION
15211
A�,r ' IMIto - kvr L/NES
LEGAL DESCRIPTION
All that part of Government Lot 8, Section 35, Township 115
North, Range 22 West Scott County, Minnesota, lying East of a
line to be described: Commencing at a point that is 22¢.. 28 feet
North and 328.53 feet East of the Northwest corner of Lot 1, in
the plat of MAPLE PARK SHORES ACRES, said point being on the cen-
terline and East edge of a concrete bridge ; thence North 88 de-
grees 00 minutes East a distance of 129.0 feet; thence South 84
degrees 00 minutes East a distance of 112.4 feet; thence North 61
degrees 34 minutes East a distance of 113.0 feet; thence North 54
degrees 57 minutes East a distance of 264.45 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, an 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 followwing: Commencing at the above men-
tioned point "A "; thence Scutt: 17 degrees 54 minutes West a dis-
tance of 25.0 feet to the actual point of beginning of exception;
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 18 minutes West a distance of 104 feet
more or less to the point of beginning and situate in Scott
County, Minnesota, including any part or portion of any street or
alley abutting said premises vacated or to be vacated.
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"VA25PN"
HERITAGE
1891
COMMUNITY
1991
NOTICE OF HEARING
FOR
LAKESHORE VARIA
You are hereby notified that a hearing will be held by the
Planning Commission in the Prior Lake Council Chambers at 4629
Dakota Street S.E. on:
THURSDAY, OCTOBER 18, 1990 at 8:00 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
porch addition to an existing single
family home. The applicant requests
a 26 foot - ,firth side lakeshore
variance and 20 foot south side
lakeshore variance in order to build
a three season porch addition for
this 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 11, 1990
4629 Dakota St. S.E., Prior lake, Minnesota 55372 / Ph. (612) 4474230 / Fa (612) 447 - 4245