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* 8:15 P.M.
HERITAGE COMMU FI•Y
1891 1991
• 7 �� i • ]I�iY
CALL TO ORDER
REVIEW MINUTES OF PREVIOUS MELMNG
HEARING VARIANCE OONTIIow
HEARING SIDE S FRONT YARD
VARIANCE
PUBLIC HEARING ANCHIT19MRAL CONTROLS
ORDINANCE
WU if IAt
o•
STAFF
PUBLIC HEARING SUBDIVISION ORDINANCE STAFF
AMENCKENT
* 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 Cake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447 -4245
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HERITAGE COMMUNITY 9�J. 9C- h''
1891 1991 W91
PLANNING COMMISSION
MINUTES
AUGUST 16, 1990
The August 16, 1990, Planning Commission Meeting was called to
order by Chairman Kedrowski at 7:32 P.M. Those present were
Commissioners Loftus, Kedrowski, Roseth, and Secretary Rita
Schewe. Commissioner Wells arrived at 7:38 P.M. Director of
Planning Horst Graser arrived at 7:40 P.M. Commissioner Arnold
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, and Roseth.
MOTION CARRIED.
Recess called at 7:35 P.M. Meeting reconvened at 7:40 P.M.
ITEM II - ROGER STEINER - SIDE AND FRONT YARD VARIANCE
Roger Steiner, 14416 Watersedge Trail, stated he is requesting a
10 foot front yard, 3.6 foot south side yard, and a 5.1 north
side variance to enlarge his residence for additional living
space. He also stated that an acreement has been reached with
the neighbor in regard to the removing and replacement of a tree
that would be affected by the construction.
Mr. Graser presented the information as per memo of August 16,
1990. The home had received 4 variances at the time of
construction in 1977. The lot is a substandard lot and does not
contain a large building envelope. Staff's recommendation is to
grant the 5.1 foot north side yard variance, the 30 foot front
yard variance is not applicable as the deck already extends out
the 10 feet in to the front yard and should be classified as a
patio, and deny the deck expansion on the south side. The
agreement with the neighbor regarding the tree is acceptable with
Staff.
Rolland Gronholz, 14412 Watersedge, verified the agreement with
Mr. Steiner on the removal and replacement of the tree in
question.
John Turner. 14432 Watersedge, commented that by granting
variances to this lot would decrease the open space for a home
built on the adjoining vacant lot.
The Commissioners supported Staff's recommendations.
4629 Dakota St. S.E, Prior lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
PLANNING COMMISSION MEETING MINUTES AUGUST 16, 1990 PAGE 2
MOTION BY LOFTUS, SECOND BY ROSETH, TO GRANT THE 5.1 FOOT NORTH
SIDE VARIANCE AND DENY THE 3.6 FOOT SOUTH SIDE YARD VARIANCE FOR
14416 WATERSEDGE TRAIL, RATIONALE BEING THIS WILL FOLLOW PAST
PRECEDENT FOR SUBSTANDARD LOTS AND WOULD NOT BE DETRIMENTAL TO
THE HEALTH AND WELFARE OF THE NEIGHBORHOOD.
Vote taken signified ayes by Loftus, Kedrowski, Wells, and
ROSeth. MOTION CARRIED.
Recess called at 7:53 P.M. Reconvened at 8:00 P.M.
ITEM III - HAROLD DELLWO - LAKESHORE VARIANCE
Harold Dellwo, 4287 Grainwood Circle N.E., is requesting a 39
foot lakeshore variance to construct a 2 bedroom rambler style
home.
Mr. Graser presented the information as per memo. The applicant
did own the adjacent lot to the east, but has deeded that to a
second party. The boathouse the applicant was living in is now
on shore and is in the process of being sold. Staff feels that
the home should be redesigned to fit in with the character of
the neighborhood and with the intent of the lakeshore management
ordinance. Therefore, Staff is recommending denial of the
variance. Mr. Dellwo's contractor, John Mahoney, should redesign
the home.
A letter from John & Marge Boyle, 4277 Grainwood Circle, was read
stating their objections to the variance. A phone call from
Robert Moeller, 4307 Grainwood Circle, who also objected, felt
the home was too close to the 904 line. A letter from the DNR
was read objecting to the variance and suggested an alternative
design.
John B. Mahoney, 17276 Murphy Lake Blvd., contractor for the
applicant, presented an alternative design that would also fit on
the lot with side yard variances. He suggested that the hearing
be continued to allow time for redesigning plans and would like
input from the Commissioners on what would be permissible.
Suggestion was made that the occupancy permit not be issued until
the boathouse and refuse on lot be removed.
Chairman Kedrowski moved to continue the hearing to September 6,
1990, at 7:35 P.M.
Discussion followed on code interpretation and the
Business /Office Park presentation.
MOTION BY LOFTUS, SECOND BY WELLS, TO ADJOURN MEETING.
Vote taken signified ayes by Wells, Roseth, Kedrowski, and
Loftus. MOTION CARRIED.
Meeting adjourned at 8:40 P.M. Tape of meeting on file at City
Hall.
Horst Graser Rita M. Schewe
Director of Planning Recording Secretary
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Variance
74
Has the applicant previously sought to plat, rezone, obtain a yarianoe or conditional
use permit on the subject site or any part of it? _Yes �{io
What was requested:
the type of improvements
(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 & Property Identification Number
(PID). (E)Deed restrictions, if applicable. (F)An area map at 1"200' available
from the City Engineering Section showing: existing topographyr 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 REVIEWID 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 i ormati ollow the
procedures as outlined in the Ordinance. �i_ /))� n
Sulmitted this 2 �y ot 9Yo n a �a 07
Free Owners Signature
THIS SPACE IS 70 BE FIId,ED OUT BY THZ PLANNING DIRBMOR
9.16 90 C-017017Veb AX Rv 1 6A.)
PLANNING OOMMIISSION _ APPROVED _ DENIED DATE OF HEARING
CITY COUNCIL APPEAL _ APPROVED _ DENIED DATE OF HEARING
CONDITIONS:
Signature of the Planning Director Date
Existing Use J / C resent Zoning: N T L G T P J} G J
of Property: 1 d
SURVEY PREPARED FOR:
JOHN MAHONEY C6N5T.
17276 MURPNY LAKE BLVD.
PRIOR LAKE, MN. 5537
Volley Swvey6ro Co.. RA.
SUITE 120.0 , 16670 FRANKLIN TRAIL
FRANKLIN TRAIL OF
I C SE INNY
PRIOR LAKE. ELEPINNE (312) 447.2370
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1015448
/ PR /G ? HERITAGE COMMUNITY
v 1891 1991
N E5
PLANNING REPORT
APPLICANT: HAROLD E. DELLWO
ITEM: VARIANCE CONTINUATION
PRESENTER: HORST GRASER
PUBLIC HEARING: YES X NO
DATE: SEPTEMBER 6, 1990
INTRODUCTION•
T e app scant Harold Dellwo, has resubmitted a different
development proposal under the application originally filed and
dated July 24, 1990. The current proposal is substantially
different than the one considered by the Planning Commission on
August 16, 1990. The requested variances are a 3.1 foot east
side variance, a 5 foot west side yard variance and a 19 foot
lakeshore variance.
BACKGROUND:
T e app cant appeared before the Planning Commission on August
16, 1990, with a single family home construction proposal on a
50 foot lakeshore lot requiring a 39 foot lakeshore variance.
The Planning Commission felt that under the circumstances the
developer had several alternative design options that would
reduce the lakeshore setback and be more consistent with the
intent of the shoreland district. Mr. Mahoney representing Mr.
Dellwo, stated that they would like to have the hearing continued
and they will redesign the home.
DISCUSSION•
A a -c to this report please find a revised site plan dated
September 6, 1990, showing the new exterior dimensions of the
home and setbacks. Mr. Dellwo has addressed the concerns of Staff
and the Planning Commission by proposing an L- shaped split entry
home versus the previous elongated split entry. The principle
differences between the current and former proposal are, an
improved exterior design and a reduction in lakeshore setback but
an increase in side yard setbacks.
Perhaps this is not the balance envisioned by the Planning
Commission, but Staff believes that it is an acceptable
compromise. If the Planning Commission approves the proposal it
will establish a new standard for side yard setbacks. In 1978, a
50 foot non lakeshore lot received side yard variances of 4 and 2
feet. On several occasions since then side yard variances of 5
and 1 feet, and 5 and 2 feet, have been granted. Staff believes
a hardship results when developing a 50 foot lot. Home designs
are limited if one considers only a 30 foot wide building
envelope, the previous proposal is a good example. Some
4629 Dakota St. S.E., Prior lake, Minnesota 55372 1 Ph. (612) 447 -4230 / Fax (612) 447.4245
deviation is required considering todays' homestyles and
marketplace. Therefore, it is unreasonable to sax that todays'
side yard setback standards apply to a subdivision latted in
1944. In Staff's opinion the Zoning Ordinance and neighborhood
is better served by increasing the side yard setbacks and
decreasing the lakeshore variance.
STAFF RECOMMENDATION:
Approve the application as received since it would not be
detrimental to the neighborhood and the general health and
welfare of the community.
J /F PR1��
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"VA19PR"
HERITAGE
1891
COMMUNITY 9fJw-
1991 2091
PLANNING REPORT
APPLICANT: HAROLD E. DELLWO
ITEM: VARIANCE
PRESENTER: HORST GRASER
PUBLIC HEARING: YES X NO
DATE: AUGUST 1W
SITE ANALYSIS
INTRODUCTION•
T eUP a�I has received a variance request from
Harold E. Dellwo to consider a 39 foot Lakeshore variance for a
proposed new home at 4287 Grainwood Circle. The site is legally
known as Lot 15, Grainwood Park.
HISTORY�BACRGROUND
The Gra1 Park subdivision was platted in 1944 under the
jurisdiction of Eagle Creek Township. It was annexed into the
City in 1973. The subject site is an approximate 50 x 170 foot
vacant lakeshore lot zoned RL -Urban Residential /Shoreland
District. The lot area of the site totals 7848 square feet. The
topography of the site is a consistent grade rising from the lake
to the road elevation of 920.
STAFF ANALYSIS
The adjacent property to the west is a 50 foot lot with an
existing cabin. In 1980 the Planning Commission granted a 6 foot
west side yard and 5 foot front yard variance to construct a
detached garage. The adjacent lot to the east was, until a few
weeks ago, owned by the applicant. It was deeded to a second
party to circumvent Prior Lake's requirement to combine
substandard lots (reference Zoning Ordinance Section 9.3B1.e).
Although the intent of the Shoreland District is to combine lots
whenever possible, the effectiveness of this section was lost
when "separate ownership" was interpreted by the City Council to
mean at the building permit stage rather than at the time the
ordinance was adopted. The ad lot to the east contains a
22x24 foot garage curr3rtly being used by the applicant.
Several years ago the applicant moved a boat house onto the lake
and moored it on the subject site. The boat house was hooked up
to all public utilities. Anticipating a building permit for a
permanent home, the applicant has removed the boat house and is
in the process of selling it.
The construction character of the Grainwood area is varied.
4629 Dakota St. S.E., Prim Lake, Minnesota 55372 1 Ph. (612) 447.4230 / Fax (612) 447 -4245
Recent construction included two homes one half block to the west
that approach some of the highest valuations around the lake. On
the other hand, the neighborhood also contains summer residence
cabins and older modest homes dating to the 1950's and 60's.
The applicant has a very attractive lot with sever &l trees that
add aesthetic beauty. The proposal is a very plain split entry
home that requires a 39 foot lakeshore variance. All one will
see from the road is a two car garage. It would appear that from
an architectural and design perspective that another home design
could lessen the amount of lakeshore variance required. Staff is
positive that alternative design options exist that would reduce
the lakeshore setback and enhance the architectural quality of
the home to better fit the neighborhood.
The intent of the Shoreland District is to reduce the negative
environmental and aesthetic impacts on the lake. This does
include innovative home design to minimize the variance from the
lake. This proposal appears to be a convenience solution to a
difficult but beautiful lot.
STAFF RECOMMENDATIONS:
Staff recommends denial of the 39 foot lakeshore variance
application because:
1. The variance being requested is too great under the
available architectural options.
2. The property is not unique with respect to topography
therefore not resulting in any development constraints.
3. Design alternatives exist which would minimize the
variance and subsequent impact on the Shoreland
District.
An alternative that the Planning commission may wish to consider
is to continue or table the hearing to allow the applicant the
opportunity to redesign the home to minimize the amount of
lakeshore variance required.
PRIG\
v
HERITAGE
1891
COMMUNITY
NOTICE OF HEARING
FOR
SIDE YARD AND LAKESHORE VARIANCE
f/yx-c ? 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, SEPTEMBER 6, 1990 at 7:35 P.M.
PURPOSE OF HEARING: To consider a variance application
for Harold W. Dellwo.
SUBJECT SITE LOCATION: 4287 Grainwood Circle HE
Lot 15, Grainwood Park
REQUESTED ACTION: This is a continuation of the
original hearing that was scheluded
for August 16, 1990. The original
request was for a 39 foot lakeshore
variance. The applicant has
resubmitted a new survey and
building plan.
The applicant wishes to build a new
single family home on the subject
site. The applicant is requesting
that the Planning Commission will
grant a 3.1 foot east side yard
variance, a 5 foot west side yard
variance and a 19 foot lakeshore
variance in order to build the new
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
August 22, 1990
4629 Dakota St. S.E., Prior lake, Minnesota 55372 / Ph. (612) 4474230 / fax (612) 447 -4245
6 1 PRio
R HER /TAGS
1891
v �
L
COMMUNITY 9fF-CV I
1991 m91
PLANNING REPORT
APPLICANT: DONALD J. WALZ
ITEM: SIDE YARD AND FRONT YARD VARIANCE APPLICATION
PRESENTER: HORST GRASER
PUBLIC HEARING: YES X NO
DATE: SEPTEMBER 6, 1990
SITE ANALYSIS
INTRODUCTION•
The applicant has applied for a 5 foot east side yard variance
and a 12 foot front yard variance to construct a 22 X 22 foot
attached garage.
BACKGROUND HISTORY:
TFi e — subject property is a developed single family lakeside lot
containing 5700 square feet. The existing single family home on
the substandard 50 foot lot does not currently have an attached
garage nor is there a detached garage on the property. The home
has a front yard setback of 35 feet from the front property line.
In 1975 Prior Lake acquired a 15 foot utility and roadway
easement (see attached survey), for the purposes of serving the
area with sewer, water, and a new street. Please note that the
actual traveled roadway encircles on Lot 5.
DISCUSSION•
Un ear - t a ccircumstances, the applicant's expansion opportunity is
extremely limited. Prior Lake does not permit structures in
easements. The garage in this application encroaches by 2 feet.
Also the 14 foot driveway shown perpendicular to the garage entry
is insufficient in size and will not function.
STAFF RECOMMENDATION:
Staff recommen s e application be denied since the garage is
encroaching into the roadway easement and driveway is undersized
to provide adequate access.
4629 Dakota St. S.E., Prior lake Minnesota 55372 / Ph (612) 447 -0230 / Fax(612)447-4245
916190 7-45
VA
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CITY OF PRIOR LAKE
APPLICATION FOR VARIANCE
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ace Phone: -Q -
Applican 1.
Address :_ y_22g I n wo c i ma c /
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Fork Phone:
Property Owner: lD ! 1
Jame Phone:
Address:
Wo rk Phone:
'type of Ownership: Fee _-�1. 0 — Contract
Purchase Agreement
Consultant /Contractor:
o ne:
Existing Use
Of Property: 'S2ri✓Yt.,c�[,
P resent Zoning: al
2
Proposed Use
of Property: S
-
Legal Description
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of Variance Site: < i"tr
Variance Requested: 45 fU-ld 5/A2C I Q 1) Q
P" Wf lalx(x
Has the applicant previously sought to plat, rezone, obtain a variance or conditional
it?
use permit on the subject site or any part of d es
—,&Jb
What was requested:
When: D isposition:
Describe the type of improvements proposed:
- amMiRSION REDUIBEl�'fi
(A)Cmmpleted application form. (B)Piling fee (C)Certified frog abstract firm, names
and addresses of property owners within 100 feet of the exterior boundaries of the
subject property. (D)Caaplete legal description i 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 map at 1 20' -50' showing: The site development plan, buildings:
parking, loading, access, surface drainage, landscaping and utility service.
ONLY OOM1R= APPLICATIONS SHALL BE REVIBM BY THE FLAMM COMMISSION.
To the best of my knowledge the in formation presented on this form is correct. In
addition, I have read Section 7.6 of the Prior Lake Zoning Ordinance which specifies
requirements for variance procedures. I agree to ide ormation and follow the
procedures as outlined in the Ordinance.
^' /� ,' scants cyfa
Submitted this �Y
�_ of 91 v!5-� ,.
(J Fee Owners Signature
THIS SPACE IS TO BE FIILLID OUT BY THE F ANtiM DIRECTOR
PLANNING COMMON _ APPROVED _ DENIED DATE OF HEARING
CITY COUNCIL APPEAL _ APPROVED _ DENIM DATE OF HEARING
CONDITIONS:
Signature of the Planning Director Date
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SURVEY PREPARED FOR:
DON WALZ Valley Surveying Co.. P.A.
1229 GRAINW000 CIRCLE N.E. SURE 120 -C . 16670 FRANKLIN TRAIL
PRIOR LAKE, MN. 35372 FRANKLIN TRAIL OFFICE CONDOMINIUM
PRIOR LAKE, MINNESOTA 55371
TELEPHONE (612) M7 -2570
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EASEMENT
THIS INSTRUMENT, Made this �_ day
by and between
'a U R F e of the County of Scott,
and the State of Minnesota, part_L&�j of the first part, and the
CITY OF PRIOR LAKE, a Municipal corporation, party of the second
part;
WITNESSETH, That the said partyES of the first part, in con-
sideration of One Dollar and other good and valuable considerations
to -a L_h _ in hand paid by the said party of the second part, the
receipt whereof is hereby acknowledged, do _JS_ hereby Grant, Bargain,
Sell, Convey and Warrant to said party of the second part, the ease-
ments situate in Scott County, Minnesota, described on Exhibit A
attached hereto and made a part hereof.
IN TESTIMONY WHEREOF, the said part_L" of the first part ha V 6
hereunto set 'TJ T F_iR handA the day and year first above written.
e Awl
Howard E. Huber { /A
Marian R. Huber
STATE OF MINNESOTA
COUNTY OF HENNEPIN SS
On this � day of lg_Z,< before me, a Notary
Public within and�or sai
j
y, personalty appeared _ _ _
to me known to be the
described ' n / an who execute t o foregoing instrument
that - r he K_ executed the same as ^I'fi jF I R free act
This instrument was drafted by:
Israelson & Assoc., Ina
9100 W. Bloomington Freeway °
Bloomington, Minn. 55431 " °°"
HOWARD E. HUBER and MARIAN R. HUBER
N
GRAINW00
PARK
2EASEMENT
D 5
4
EASE ENT
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DATE ISRAELSON AND ASSOCIATES. VC
2/25/75 CONSULTING ENGINEENS
SINiE its. 5100 GRF "INVASION 1"UmAT
C% L. G. GLOONINSTON. NUINrsOTA 11501
EXHIBIT A
EASEMENT
A Permanent Easement for Public Roadway, Sanitary Sewer,
Watermain, Storm Drains and Utility Purposes with the right to
install, repair, maintain, alter, add to or remove, on, over. or
across the following described property:
The Northerly 15 feet of Lots 2 and 5, Grainwood Park.
Together with a Temporary Construction Easement for Sanitary
Sewer, Watermain, Storm Drains and Utility Purposes with the right
to install, repair, maintain, alter, add to or remove, on, over, or
across the following described property:
The Northerly 25 feet of Lots 2 and 5, Grainwood Park.
, Said Temporary Construction Easement to expire December 31, 1976.
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HOWARD E. HUBER and MARIAN R. HUBER
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HERITAGE COMMUNFY TlfffX:4
1891 1991 2091
PLANNING REPORT
ITEM: ARCHITECTURAL CONTROLS ORDINANCE
PRESENTER: STEVE HESS
PUBLIC HEARING: X YES NO
DATE: SEPTEMBER 6, 1990
INTRODUCTION:
In June of 1990 Staff was directed by the City Council to begin
researching architectural design standards for inclusion in the
City ordinance. The research was initiated as a result of
complaints by residents concerning repetitous house designs in
the Sand Pointe neighborhood. Associate Planner Steve Hess,
researched the existing information on architectural standards
and presented a report to the City Council on June 18, 1990. The
Council directed Staff to further research the subject and to
develop a ordinance that would enable the City to enforce
architectural standards.
DISCUSSION:
Research indicated that architectural zoning is a new zoning tool
in Minnesota and has only been used on a limited basis. Staff
talked with several cities in Minnesota and very few have any
type of architectural zoning. While it is not widely used in
this state it has become an accepted zoning tool in other regions
of the country. The east and west coasts have experienced an
increase in the number of cities that employ architectural
zoning, plus limited areas of the Midwest. The ordinances in the
majority of these cities are very complex. The standards in this
type of ordinance are developed by representatives of the
community at large and urban design professionals. The design
standards are well defined and many of the cities have
established architectural review committees in an effort to apply
these standards consistently. The review committee members are
a combination of lay people, architectural, and /or urban design
professionals. I have included the Village of Hudson, Ohio's
ordinance as an example of an excellent architectural zoning
ordinance. This ordinance has been challenged and upheld in
court and provides a good illustration for defining standards.
One of the questions raised by Staff was if the Council and the
residents are read' to make a committment of such magnitude to
this issue. Citizen input is very important for the success of
such an ordinance, and would be sought if Prior Lake were to
adopt a similar ordinance. The direction of the Council was to
incorporate a Staff review procedure to regulate architectural
standards rather than an architectural design committee.
4629 Dakota St. S.E, Prim Lake, Minnesota 55372 / Ph. (612) 447 -4230 1 Fax (612) 447 -4245
Staff found that in Minnesota the standard approach to
architectural zoning is administrative policy. Policy that is
developed by Staff, under the direction of Council. Standards
are not defined within the zoning ordinance, therefore, the
success of administrative policy would seem to depend on the
amount of cooperation from the developers and contractors. The
cities of Eden Prairie, St. Louis Park and Coon Rapids, who use
administrative policy, have been successful up to this point in
time, but they have never been challenged.
Research indicates that it is very important to include a
definition of architectural standards in our City Code.
Developers and contractors should be able to refer to a
definition of expected standards within the City Code.
Communication with the developers and contractors is vital for
ensuring that architectural standards will be accepted. In this
regard, Staff has notified 45 local developers of the public
hearings. In addition, the architectural standards will be given
out with the procedures guide for all new construction permits.
Developers and contractors should be informed of the standards
from the beginning of any new construction project. A booklet,
which will be developed, defining the standards and describing
the process may be the most important component for ensuring that
the standards are accepted.
Staff developed a new paragraph to amend Subdivision Ordinance
87 -10, Section 6 -4 -3. This paragraph would require developers to
address housing design as they already do landscaping and street
design. The written narrative would not require developers to
show every housing design they would be building, but to
encourage the developers to consider the relationship of housing
to the site natural features and to the neighboring buildings. It
will also be an indication of the City of Prior Lake's commitment
to quality housing, of which diverse housing is a major
component. The narrative should give an indication of the
quality of housing that the developer is planning on building.
This will allow Staff to actively participate in the housing
process for each subdivision. The new paragraph will ensure a
diversity of housing designs in all new subdivisions.
RECOMMENDATIONS:
Staff recommends adoption of the attached amendment to Section
4 -7 -1 of the Prior Lake City Code and the addition of a new
paragraph in Section 6 -4 -3 of the Subdivison Ordinance.
PRI(-j
'P HER /TAGS COMMUNITY 4:�J:21_ t
1891 1991 20�>
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RESOLUTION 90 -40
RESIDENTIAL ARCHITECTURAL GUIDELINES POLICY STATEMENT
MOTION BY: WHITE SECONDED BY: LARSON
WHEREAS, Citizens of Prior Lake addressed the City Council on
Tune 18, 1990 and expressed concern that property values
of homes could be adversely affected by construction of
like structures on adjoining lots and lots which are
directly across the street; and
WHEREAS, The City Council of Prior Lake has determined that it is
necessary to develop a policy statement to encourage
diversity and variety of design of single family homes
constructed in Prior Lake; and
WHEREAS, The City Council has determined that architectural
guidelines are necessary to protect and preserve the
value, appearance and use of property on which sin
family homes are constructed, to maintain a high quality
of community development, to protect the public health,
safety, convenience and welfare and to protect real
estate within the City from impairment or destruction of
value; and
WHEREAS, The encouragement of diversified and varied housing
styles is consistent with Prior Lake 2000
recommendations and the City of Prior Lake's Mission
Statement; and
WHEREAS, Single family homes of like design have been erected in
close proximity within neighborhoods of Prior Lake and
residents perceive that property values have been
negatively impacted.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
PRIOR LAKE, that architectural guidelines be enacted to provide
variation of housing styles and exterior appearance for new
construction single family homes.
4629 Dakota St. S.E. Prior lake, Minnesota 55372 / Ph. (612) 4474230 I Fax(612)447-4245
BE IT FURTHER RESOLVED THAT Public Hearings be scheduled to
consider the incorporation of guidelines (Draft Attached) into
the appropriate sections of the City Code as architectural
requirements and that the guidelines be distributed to builders
and contractors in the form of an informational handout.
Passed and adopted this 6 th day of August , 1990.
Andren _ X _ Andren
Fitzgerald — Fitzgerald
Larson _ X — Larson
Scott X _ Scott
White _ X _ t e
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Da i . U c t
Ci y Manager
(Seal)
DRAFT DRAFT
"ARCH"
PROPOSED ARCHITECTURAL GUIDELINES FOR
SINGLE FAMILY NEIGHBORHOODS
July 18, 1990
PROPOSED AMENDMENT TO
SUBDIVISION ORDINANCE
SECTION 6 -4 -3
SUBDIVISION DESIGN FEATURES:
(Paragraph following I)
A written narrative describing proposed housing elements
within the subdivision is required. This narrative should
describe the following: The method by which homes will be
designed to integrate with site natural features and
neighboring buildings; architectural style and range of
valuations of proposed homes; landscaping neighborhood entry
features, mailbox locations, street lighting, fences, walks,
trails, signs, street furniture and other related
neighborhood aspects.
The City of Prior Lake encourages establishment of
restrictive covenants and homeowners associations to provide
variety of design within neighborhoods; to identify
maintenance programs for neighborhood landscaping, housing,
and exterior aspects of the subdivision. Proposed covenants
shall be submitted by the Developer and recorded at the time
of Final Plat Recording.
PROPOSED CITY CODE AMENDMENT:
ARCHITECTURAL DESIGN AND MATERIALS
SECTION 4 -7 -1:
ELEVATIONS, ARCHITECTURAL DESIGN, EXTERIOR FACING: The
application for a building permit in addition to other
information required, shall include exterior elevations of
the proposed structure which will adequately and accurately
indicate the height, size, design and the appearance of all
elevations of the proposed building and description of the
construction and materials proposed to be used therein. Such
information shall indicate that the exterior architectural
design, when erected, will not be so at variance, with, nor
so similar to, the exterior architectural design of any
structure or structures already constructed or in the course
of construction within TWO LOTS ON EACH SIDE, DIRECTLY ACROSS
OR DIAGONALLY ACROSS FROM THE SAME UNIT. THE EXTERIOR
ARCHITECTURAL DESIGN OF A STRUCTURE SHALL NOT BE so at
variance with the character of the applicable zoning district
established by the Zoning Code of the City as to cause a
substantial depreciation in the property values of said
neighborhood within said district or elsewhere or adversely
affect the public health, safety or general welfare.
INDIVIDUALS, BUILDERS OR GROUPS OF BUILDERS SHALL NOT
CONSTRUCT THE SAME HOUSE STYLE ON NEIGHBORING LOTS WHICH ARE
LOCATED WITHIN TWO LOTS ON EACH SIDE, DIRECTLY ACROSS OR
DIAGONALLY ACROSS FROM THE SAME UNIT. NO BUILDING PERMIT
SHALL BE ISSUED TO HOUSES INCONSISTENT WITH THIS
REQUIREMENT.
NO BUILDING PERMIT SHALL BE ISSUED FOR A NEW CONSTRUCTION
SINGLE FAMILY HOME THAT HAS A FRONT ELEVATION WHICH IS
SUBSTANTIALLY LIKE ANY NEIGHBORING HOME (DEFINED ABOVE) OR
FOR A PROPOSED HOME WHERE A BUILDING PERMIT HAS BEEN ISSUED.
THE BUILDING OFFICIAL SHALL TAKE INTO CONSIDERATION THE
FOLLOWING WHEN REVIEWING PLANS FOR ARCHITECTURAL
COMPATIBILITY:
ROOF STYLE
EXTERIOR FINISHES
THE RELATIVE LOCATION OF ATTACHMENTS, DOORS,
WINDOWS, SHUTTERS ETC...
REQUIRED SUBMITTALS WHEN REQUIRED BY THE BUILDING OFFICIAL,
ME PERMIT APPLIU"T SMALL BE REQUIRED TO SUBMIT EXTERIOR
ELEVATIONS OF THE PROPOSED STRUCTURE, PHOTOGRAPHS OF THE
FRONT EXTERIOR OF NEIGHBORING HOMES IN ADDITION TO ALL
REQUIRED MATERIALS FOR BUILDING PERMIT APPLICATION. A LIST
OF EXTERIOR FINISH MATERIALS AND COLORS MAY ALSO BE
REQUIRED.
APPEALS PROCESS THE BUILDING OFFICIAL WILL REVIEW PROPOSED
EXTERIOR ELEVATIONS AS PART OF THE PERMIT REVIEW PROCESS. IN
THE EVENT THAT AN ELEVATION IS DETERMINED TO BE SUBSTANTIALLY
LIKE A NEIGHBORING HOME, THE PERMIT WILL BE DENIED. THE
APPLICANT WILL HAVE AN OPPORTUNITY TO REVISE FRONT ELEVATIONS
TO BE COMPLIANT WITH THIS CODE. THE APPLICANT MAY APPEAL THE
DECISION OF THE BUILDING OFFICIAL TO THE CITY MANAGER WHO MAY
SCHEDULE THE ISSUE BEFORE THE PLANNING COMMISSION FOR A
DECISION.
E I A :
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VILLAGE OF HUDSON
27 EAST MAIN ST.
HUDSON, OHIO 44236
-21 � -,6so -/7
CHAPTER 1204
Architectural and Historic Board of Review
1204.01
Purposes architectural criteria.
1204.02
Definitions.
1204.03
Establishment of Board.
1204.04
Board membership.
1204.05
Meetings and rules.
1204.06
Duties and powers for other than
1204.11
the Historic District and /or
1204.12
historic landmarks.
1204.07
Duties and powers as to the
1204.99
Historic District and historic
landmarks.
1204.08 Review procedure in all areas
CROSS REFERENCES
Board of Zoning Appeals - see P. & Z. Ch. 1224
Temporary building permits - see P. & Z. 1224. 18(e)
Processing zoning amendments - see P. & Z. 1228.13
Building permit for manufacturing or processing use - see
P. & Z. 1262.01
Building permits, fees and deposits - see B. & H. Ch. 1428
1204.01 PURPOSES i ARCHITECTURAL CRITERIA.
(a) Generally The Architectural and Historic Board of Review hereinafter created
shall serve to protect and preserve the value, appearance and use of property on which
buildings are constructed or altered, to maintain a high character of community develop-
ment, to protect the public health, safety, convenience and welfare and to protect real
estate within the Municipality from impairment or destruction of value. Such purposes
shall be accomplished by the Board by regulating, according to accepted and recognized
architectural principles, the design, use of materials, finished grade ones, dimensions,
orientation and location of all main and accessory buildings to be created, moved,
altered, remodeled or repaired, subject to the provisions of the Zoning and Building
Codes and other applicable ordinances of the Municipality. In reviewing, regulating and
approving building plans, the Board shall consider and take cognizance of the development
of adjacent, contiguous and neighboring buildings and properties for the purpose of
achieving safe, harmonious and integrated development of related properties.
When requested, the Board shall act in an advisory capacity to any officer, board or
commission of the Municipality. In fulfilling any such request, the Board may require
drawings, plans, specifications or studies to be submitted according to the provisions
of this chapter for its evaluation and recommendation.
1988 Replacement
other than Historic Districts
and /or historic landmarks.
1204.09
Review procedure for the
Historic District and historic
landmarks.
1204.10
Submission requirements.
1204.11
Advice of consultant.
1204.12
Appeals.
1204.13
Interpretation.
1204.99
Penalty: equitable remedy.
CROSS REFERENCES
Board of Zoning Appeals - see P. & Z. Ch. 1224
Temporary building permits - see P. & Z. 1224. 18(e)
Processing zoning amendments - see P. & Z. 1228.13
Building permit for manufacturing or processing use - see
P. & Z. 1262.01
Building permits, fees and deposits - see B. & H. Ch. 1428
1204.01 PURPOSES i ARCHITECTURAL CRITERIA.
(a) Generally The Architectural and Historic Board of Review hereinafter created
shall serve to protect and preserve the value, appearance and use of property on which
buildings are constructed or altered, to maintain a high character of community develop-
ment, to protect the public health, safety, convenience and welfare and to protect real
estate within the Municipality from impairment or destruction of value. Such purposes
shall be accomplished by the Board by regulating, according to accepted and recognized
architectural principles, the design, use of materials, finished grade ones, dimensions,
orientation and location of all main and accessory buildings to be created, moved,
altered, remodeled or repaired, subject to the provisions of the Zoning and Building
Codes and other applicable ordinances of the Municipality. In reviewing, regulating and
approving building plans, the Board shall consider and take cognizance of the development
of adjacent, contiguous and neighboring buildings and properties for the purpose of
achieving safe, harmonious and integrated development of related properties.
When requested, the Board shall act in an advisory capacity to any officer, board or
commission of the Municipality. In fulfilling any such request, the Board may require
drawings, plans, specifications or studies to be submitted according to the provisions
of this chapter for its evaluation and recommendation.
1988 Replacement
4A Architectural and Historic Board of Review 1204.02
(b) Historic Districts and /or Landmarks. Council hereby finds and determines that
the establishment of restrictions on the construction, erection, alteration, removal,
moving or demolition of buildings and structures in areas of historic significance, and
on the alteration, removal, moving or demolition of buildings and structures of historic
significance, is vital to the preservation of the educational, cultural, economic and
general welfare of the Municipality and of its residents. Council further finds and deter-
mines, on the basis of its own observations and knowledge and on the basis of the Village
of Hudson Architectural and Historical Study, that the following purposes will be served
by the establishment of such restrictions by this chapter:
(1) Promotion of the use and preservation of historic buildings, structures and
sites which reflect the cultural, social, economic, political or architectural
heritage of the Municipality for the education and general welfare of the
residents of the Municipality;
(2) Protection and enhancement of the attractiveness of the Municipality as it
relates to residents, tourists and visitors, serving as a support and stimulant
to business, and thereby strengthening the economy of the Municipality and
Its residents;
(3) Stabilization and Increase of property values within the Municipality;
(4) Compatibility of any and all construction of new Improvements and buildings
and modifications of existing structures with the historic architectural
character of the Municipality;
(5) Enhancement of the visual and aesthetic character, diversity and interests
of the Municipality;
(6) Preservation and further enhancement of civic pride of the residents of the
Municipality in the beauty of the Municipality and in the notable accomplish-
ments of the past; and
(7) Protection of the property rights of owners whose property lies within areas
of historic architectural significance.
(Ord. 74 -43. Passed 3-3 -75.)
(c) Arc hitectural Criteria Adopted Council hereby adopts the architectural
criteria contained on pages 2 through 23, page 24 exclusive of the paragraphs re-
lated to devil strip planting, page 25, page 26 exclusive of the fifth and sixth
sentences of the paragraph entitled "Fences." pages 27 and 28, pages 36 through
46, page 82 exclusive of the paragraph entitled "General." and pages 83 through
89 of the document entitled Uniform Architectural Criteria for the Architectural
and Historic Board of Review. Villaire of Hudson. Ohio. oreuared by Chambers am
(d) Application of Criteria In carrying out its duties with respect to matters
which are submitted to or come before it pursuant to Section 9.07 of the Charter
and Sections 1204.06 through 1204. 09, the Board shall be guided, to the extent
practical, in the performance of its duties under this chapter, by the architectural
criteria contained in subsection (c) hereof.
1998 Replacement
1204.02 PLANNING AND ZONING CODE 4B
(e) Applfcatiun of Historical Architectural Record In carrying out its duties pur-
suant to Section 9.07 of the Charter and subsections (a) and (b) hereof, and in the
application, pursuant to Sections 1204.06 through 1204.09, of the architectural criteria
designated in subsection (c) hereof, the Board shall give due consideration to the
historical architectural record of the Village contained in the Chambers and Chambers
study at pages 29 through 33, 47 through 78 and 90, and may give consideration to
such other scholarly and historic material as may be appropriate and useful to the ful-
fillment of its duties.
(f) Consultation with Council. When requested by Council, the Board shall ad-
vise and consult with Council concerning construction or improvements authorized or
undertaken by Council, which construction or improvements may affect the appearance
of the Village and its streets and ways, even when such consultation Is not required
by the Charter. In the performance of its duties hereunder, the Board shall be
guided by the architectural criteria and historical architectural record identified in
subsections (c) and (e) hereof. (Ord. 86-60. Passed 12-15 -86.)
1204.02 DEFINITIONS.
As used in this chapter, unless the context clearly requires otherwise:
(a) "Alteration" means any appreciable change In the external architectural features
of any structure or building, visible from a public way or from adjoining property.
(b) "Applicant" means any person, association, partnership or corporation or other
similar entity who or that applies for a building permit In order to undertake any
construction, erection, alteration, removal, moving or demolition.
(c) "Board" means the Municipality of Hudson Architectural and Historic Board of
Review established under the provisions of this chapter.
(d) "Certificate of Appropriateness" means the official document issued by the
Architectural and Historic Board of Review approving and /or concurring In any
application for a permit for the construction, erection, alteration, removal,
moving or demolition of any structure or building In the Historic District.
(e) "Council" means the Council of the Municipality.
1988 Replacement
Architectural and Historic Board of Review
(f)
(g)
(h)
"Exterior architectural feature" means the architectural style and general
arrangement of the exterior of a structure, including the type and texture of
building materials, all windows, doors, lights and signs and other fixtures
appurtenant thereto.
"Historic and /or architectural significance" means that which has a special
historic or aesthetic interest or value as part of the development, heritage or
cultural character of the Municipality, region, State or Nation.
"Historic District" means the Hudson Historic District as listed in December,
1973, in the National Register of Historic Places, plus those areas containing
any land or buildings having notable character or qualities of historic and/or
architectural significance as recommended by the Architectural and Historic
Board of Review and approved by Council. The Historic District may include
structures or other physical Improvements on, above or below the surface of
the earth.
The Hudson Historic District, as listed In the National Register of Historic
Places, is described as follows:
Beginning at the southeast corner of the lot on the southeast corner of the
intersection of College and Streetsboro Streets, thence west along the rear
property lines of the lots on the south side of Streetaboro Street to a point
approximately 500 feet west of South Main Street, thence north on a line to
a point approximately 600 feet north of the midpoint of Owen Brown Street,
thence east in a straight line to North Main Street and across the rear
property lines of the homes on the north side of Baldwin Street to the mid-
point of College Street, thence south to the intersection of the midpoints of
College and Aurora Streets, thence northeast along Aurora to the rear
property line of the lots on the east side of College Street, thecae south
along the rear property lines to the point of beginning.
In addition, the Hudson Historic District is expanded to Include the following
areas located within the Village and as recommended to Comcll by the Ar-
chitectural and Historic Board of Review:
Beginning at a point on the north corporation line approximately 400 feet west
of the centerline of North Main Street, thence south In a parallel line to North
Main Street, following lot lines where appropriate, approximately 1, 750 feet
to the centerline of West Prospect Street, thence east to the centerline of
North Main Street, thence south approximately 400 feet on North Main Street,
thence west along a side lot line to the rear property lines of the lots on North
Main Street, thence south along rear property lines to the rear property Hnes
of the lots on the north side of Owen Brown Street, thence west to Brandywine
Creek, thence south along Brandywine Creek to the rear property lines of the
lots on the south side of Owen Brown Street, thence east along rear lot lines
to the centerline of First Street, thence south to the rear property lines of the
iota on the south side of Clinton Street, thence east to the west line of the
Municipal Parking Lot, thence south along that line and the rear lot Hnes of
the businesses to the centerline of Streetsboro Street, thence west approxi-
mately 120 feet, thence south along a property Hne approximately 320 feet
to the north right -of -way line of the main line of the Cleveland and Pitts-
burgh Railroad, thence southeast along the Cleveland and Pittsburgh
1988 Replacement
vl 1 c c gT (4"As e�
6A Architectural and Historic Board of Review 1204.02
(i)
0)
(k)
(1)
Railroad north right -of -way line to the rear property lines of the lots on the
east side of South Main Street, thence north along those lines approximately
500 feet, thence east parallel to and approximately 120 feet south of the cen-
terline of Maple Drive approximately 1,300 feet to a point which is on the ex-
tension of the rear property lines on the east side of South Oviatt Street, thence
north following the rear property line extension to the rear property lines of
lots on the south side of Streetsboro Street, thence east along rear property
lines approximately 150 feet, thence north along side lot lines to the center-
line of Streetsboro Street, thence west approximately 150 feet, thence north
along the rear property lines of the lots on the east side of North Oviatt Street
to the rear property lines of lots on the south side of Aurora Street, thence
northeast along the Board of Education north property line to a point approxi-
mately 235 feet east of the centerline of Franklin Street, thence northwest
along property lines approximately 230 feet, thence northeast along rear lot
lines approximately 135 feet, thence northwest along property lines to the
centerline of Aurora Street, thence southwest approximately 200 feet, thence
northwest about 200 feet along a side lot line, thence southwest about 100 feet
along a rear lot line, thence north - northwest about 250 feet along a side lot
line to the centerline of Hudson Street, thence west about 350 feet, thence
northerly about 250 feet along a side lot line, thence north - northwest about
960 feet to the northeast corner of the most northerly lot on the east side of
College Street, thence west to the centerline of North Main Street, thence
north to the corporation line, and thence west along the corporation line to
the point of beginning. (Ord. 78 -18. Passed 6- 5 -78.)
"Historic landmark" means any individual building or structure determined by
the Architectural and Historic Board of Review and approved by Council as
historically and /or architecturally significant.
"Municipality" means the Municipality of Hudson as now or hereafter constituted.
1982 Replacement
as the singular.
(Ord. 74 -43. Passed 3- 3 -75.)
7 Architectural and Historic Board of Review 1204.05
1204.03 ESTABLISHMENT OF BOARD.
There is hereby established an Architectural and Historic Board of Review, herein-
after and hereinbefore referred to as the Board, with the powers and duties as hereinafter
set forth. (Ord. 74 -43. Passed 3- 3 -75.)
1204.04 BOARD MEMBERSHIP.
The Board shall consist of seven members appointed by Council. Each member shall
have been a resident of the Municipality for the two years next preceding his appointment,
except that each member who to a registered architect need only have been a resident of
the Municipality for the six months next preceding his appointment. Such members shall
hold no other public office In the Municipality. Members shall be appointed for three -year
terms to serve without compensation. Members may succeed themselves.
Of the seven members, the Board shall designate three who shall constitute a subcom-
mittee whose concern shall be the Historic District and /or historic landmarks. In addition,
the Board may appoint such committees, ad hue or standing, as may be appropriate
to the conduct of its business. (Ord. 78 -18. Passed 6- 5 -78.)
1204.05 MEETINGS AND RULES.
(a) The Architectural and Historic Board of Review shall meet on the '.rst Mon-
day in January of each year that is not a legal holiday and shall elect one - - -' its mem-
bers as Chairman, a second member as Vice - Chairman and a third membe s Secretary.
The Board shall hold such meetings, not less than one in any calendar month, as it
may determine. The elected Chairman, and in his absence the Vice-Chairman, shall
be responsible for the proper administration of the Board's work and the elected
Secretary shall keep, or cause to be kept, in the Village Offices, a complete and
accurate record of all meetings and proceedings of the Board.
(b) All meetings of the Board shall be open to the public and four members there-
of shall constitute a quorum. A majority vote of the members present shall be re-
quired to take action. In order to better carry out the provisions of this chapter,
the Board by formal motion shall adopt rules for the conduct of its business.
(c) Prior to October 1, 1986, Council shall adopt uniform architectural criteria
for application to all matters submitted to the Architectural and Historic Board of
Review. Appendices, amendments or supplements to the uniform architectural criteria
may be initiated by recommendation of the Board to Council for adoption or by reso-
lution of Council therefor. When initiated by Council, Council shall, upon adoption
of such a resolution, certify the proposed appendix, amendment or supplement to the
Board for review and recommendation prior to adoption. The Board may, at any time,
recommend to Council for consideration any appendix, amendment or supplement it
deems appropriate.
1204.06 PLANNING AND ZONING CODE 8
Prior to July 1, 1989, and each three years thereafter, the Board shall study and
review the uniform architectural criteria in light of circumstances then existing and
may recommend to Council addenda, amendments or updating, if any, which the Board
deems appropriate. If the Board determines that no addenda, amendments or updating
is appropriate or necessary, it shall report this fact to Council.
(Ord. 86 -6. Passed 4-7 -86.)
74 -43. Passed 3- 3 -75.)
1204.07 DUTIES AND POWERS AS TO THE HISTORIC DISTRICT AND HISTORIC
LANDMARKS.
When Historic Districts and /or landmarks are involved, the Architectural and
Historic Board of Review, through its subcommittee, shall have the following duties
and powers:
(a) To recommend to Council the geographic boundaries of additions to or changes
in the Historic District, and to recommend those buildings and structures which
should be designated historic landmarks. Such District and landmarks shill be
defined by the Board in light of the following considerations to be fully discussed
in a report to be submitted to Council with the Board's recommendations: (The
following analyses may be actually made by the Board, or they may be made by
others subject to acceptance and endorsement by the Board.)
I oAA Rrnlaremnnt
8A Architectural and Historic Board of Review 1204.07
(b)
(c)
(d)
(e)
(1) An analysis of existing structures by perioa of construction, special
historic importance, architectural style, condition, present use, assessed
valuation and other matters relating to planning or regulating future develop-
ment, such as location on lots, location of yards and other open spaces,
access to Interior of the block, and off- street parking. This analysis shall
include an Identification of individual structures and premises of substantial
public interest, with maps, photographs and other data Indicating the
particular features desired to be preserved. The analysts shall also include
an Identification of existing structures, premises and uses likely to have an
adverse effect on the desired character of the District, including those in
and those near and visually related to the District, with maps, photographs
and other data indicating the reasons for such classification.
(2) An analysis of lands not occupied by structures, including lands In and lands
near and visually related to the District. The boundaries of such District
shall include both sides of streets and shall divide the District from the
other portion of the Municipality at rear lot lines where possible. The
boundaries of such District and the list of historic landmarks shall be
presented to Council for approval. Upon approval by Council, the boundaries
of any such District and any such historic landmarks shall be clearly de-
signated on the official Zoning Map of the Municipality on file In the office
of the Clerk of Council.
To issue Certificates of Appropriateness prior to the issuance of any building
permit or other permit pertaining to the construction, erection, alteration,
removal, moving or demolition of any structure in the Historic District, or the
alteration, removal, moving or demolition of any historic landmark;
To advise the Municipal Planning Commission, Council, the Building inspector,
other public agencies and property owners in matters involving structures and
areas of historic and /or architectural significance, and, further, to assemble
and make available Information pertaining to funds, from both public and private
sources, available for restoration, alteration and preservation;
To propose from time to time to the Municipal Planning Commission and Council
the establishment or disestablishment of structures and /or areas for historic
preservation under the provisions of this chapter; and
To make recommendations concerning the establishment of an appropriate system
of markers for historic structures and areas, to advise owners or residents of
historically and /or architecturally significant structures or areas on problems
and techniques, and resources for, historic preservations, to make recom-
mendations, concerning the preparation of maps, brochures and descriptive
material about the Municipality's structures and areas of historic and/or
architectural significance, and promote the public interest in the foregoing
purposes by carrying on a public relations program.
(Ord. 74 -43. Passed 3- 3 -75.)
1982 Replacement
Yi llaf a-�- (44,94 e%�
1204.08 PLANNING AND ZONING CODE 8B
1204.08 REVIEW PROCEDURE IN ALL AREAS OTHER THAN HISTORIC DISTRICTS
AND /OR HISTORIC LANDMARKS.
(a) No residential, commercial or industrial building permit shall be Issued unless
the applicant establishes for the Architectural and Historic Board of Review that:
(1) The applicant has complied with Sections 1204.06 and 1204.10 and the
proposed structure is in compliance with subsection (b) hereof;
(2) The exterior architectural character and functional plan of the proposed
structure, when erected, will not be at such variance with existing struc-
tures, or structures currently being built, in the immediate neighborhood or
zoning district as to cause substantial depreciation in the property values
of such existing structures or structures currently being built;
(3) The site utilization and onentation of me proposed structure is reasonably
Integrated with existing roads, drives, vehicular traffic patterns and
pedestrian walkways abutting the property upon which the proposed struc-
ture is to be built; and
(4) The proposed structure does not violate the 'look- alike" provisions of
subsection (b) hereof.
(a) No building permit for the construction, erection, alteration, removal, moving
or demolition of any structure or building in the Historic District, or for the alteration,
removal, moving or demolition of any historic landmark, shall be issued where such ac-
tion will affect the exterior architectural features of any such structure or building, un-
less and until a Certificate of Appropriateness has been issued by the Architectural and
Historic Board of Review. Upon application for a building permit with respect to any
structure or building in the above categories, the Superintendent of Building Inspection
1982 Replacement
1204.09 REVIEW PROCEDURE FOR THE HISTORIC DISTRICT AND HISTORIC
LANDMARKS.
8C Architectural and Historic Board of Review 1204.09
shall submit such application, together with the related plans and specifications, within five
days of receipt thereof, to the Board for referral to the Historic District Subcommittee at
Its next regular meeting.
(b) At the first regular or special meeting of the Board after receipt by the Subcom-
mittee of the building permit application and related materials for any such proposed con-
struction, erection, alteration, removal, moving or demolition, the Subcommittee shall
report its recommendation and the Board shall consider the application and determine whether
or not to approve the same. if approved, the Board shall submit, within thirty days, a
Certificate of Appropriateness to the Superintendent of Building inspection to authorize is-
suance of a permit for the requested construction, erection, alteration, removal, moving
or demolition.
(c) If the Board fails to approve the application at such meeting, It shall give notice of
a public hearing to be held within twenty -five days from the date of such meeting to consider
such application. However, the applicant may waive this time requirement and consent to
an extension of such time period. Such notice shall be published once in a newspaper having
general circulation within the Municipality and shall be published not less than ten days prior
to such hearing. The applicant shall be advised of the time and place of such hearing by a
notice sent by certified mail addressed to him or her at the address set forth in such ap-
plication, such notice to be mailed not less than five days prior to such hearing. The Board
may Invite such other persons or groups as It desires to attend the meeting. The Board
shall meet and act with all reasonable dispatch.
(d) in determining whether or not a Certificate of Appropriateness shall be issued, the
Board shall consider whether the proposed change will affect adversely or destroy any sig-
nificant historic or architectural feature of the structure, whether It is inappropriate or in-
consistent with the spirit and purpose of this chapter and whether it will affect adversely or
destroy the general historic and architectural significance of the District. The Board shall
also examine any other considerations specifically listed and adopted by Council. With re-
spect to any proposed demolition, the Board shall determine whether or not preservation is
economically feasible for the applicant, and shall issue a Certiflcete of Appropriateness if
the denial of such Certificate would result in practical difficulty or unnecessary hardship
that would deprive the applicant of the reasonable use of the land or building involved.
If, at the next regular meeting of the Board after public hearing, the Board recommends
that the Certificate of Appropriateness not be issued, it shall advise the applicant of any
changes which would secure the approval of the Board and shall withhold denial of the Certifi-
cate of Appropriateness for a period not to exceed twenty days in order that the applicant
may adopt such proposed changes.
(e) After the hearing provided for above, and after the subsequent alterations, if any,
in the plans and /or specifications as provided, the Board shall submit, in writing, its rec-
ommendations to the Superintendent of Building Inspection, and if then approved, issue the
Certificate of Appropriateness to authorize a permit for the construction, erection, altera-
tion, removal, moving or demolition. The written report shall include the location of the
1982 Replacement
1204.10 PLANNING AND ZONING CODE 8D
proposed work, the exterior changes contemplated, the findings of the Board and /or the
recommendations of the Board as to the grant or refusal of the Certificate of Appropriate-
ness. The Board shall make its report within thirty days after the public hearing; other-
wise the application for the permit shall be deemed to have been approved and the favor-
able Certificate of Appropriateness shall be issued by the Board, provided, however, that
the applicant may waive this requirement and consent to an extension of such period.
(i) Denial by the Board of a Certificate of Appropriateness may be appealed by the
applicant to the Board of Zoning and Building Appeals In accordance with Section 1204.12.
(Ord. 78 -18. Passed 6- 5 -78.)
1204.10 SUBMISSION REQUIREMENTS.
Every building permit application for a stnicture to be built or remodeled in the Muni-
cipality shall be approved by the Superintendent of Building Inspection in the Department
of Service of the Municipality and the Architectural and Historic Board of Review. IN
(a)
tQTh6)oril- 'etc�eig addition, locations and names of adjacent
streets, a north arrow, the first floor level and existing and finished grade ele-
vations at each corner of new constructions and at each corner of the site shall
be Indicated.
(b)
e rWhW5r fiW' Lrn5MM. All elevations shall be drawn
to the same scale, which shall be not less than one - quarter of an inch to the foot,
except that the front elevation may be drawn to a larger scale. Each elevation
shall show the accurate location of windows, doors, shutters, chimneys, porches
and other architectural features, all materials and finishes, and an accurate fin-
ish grade line.
(c)
(d)
(e)
(f)
1982 Replacement
8E Architectural and H istoric Board of Review 1204.99
(g) There shall be a completed Impact statement on such form as provided by the
Architectural and Historic Board of Review.
(Ord. 78 -18. Passed 6- 5 -78.)
1204.11 ADVICE OF CONSULTANT.
When requested by official action of the Architectural and Historic Board of Review,
the Village Manager is hereby authorized and directed to employ a qualified, licensed
architect to consult with and assist the Board on any and all matters set forth In this
chapter. If the Historic District and /or historic landmarks are involved, such architect
shall be a qualified restoration architect as identified in Section 1204.05. Such con-
sultation and assistance shall be strictly advisory and the Board will not be bound by the
architect's recommendations or opinion, except for such approvals as provided in
Section 1204.05.
(Ord. 74 -43. Passed 3- 3 -75.)
1204.12 APPEALS.
An appeal to the Board of Zoning and Building Appeals may be taken by any person
aggrieved, or by any officer of the Municipality affected, by any decision of the
Architectural and Historic Board of Review. Such appeal shall be taken within twenty
days after the decision has been filed with the Building Inspector, by filing with the
Inspector and with the Board of Zoning and Building Appeals, a notice of appeal specify-
ing the grounds therefor. The Building Inspector shall forthwith transmit to the Board
of Zoning and Building Appeals all papers constituting the record upon which the action
appealed was taken. The authority, duties and proceedings of the Board of Zoning and
Building Appeals shall be such as are prescribed in the Zoning Code.
(Ord. 74 -43. Passed 3- 3 -75.)
1204.13 INTERPRETATION.
Unless otherwise specifically stated herein, It is not intended that this chapter repeal,
abrogate, annul or in any way impair or interfere with any existing provision of law or
ordinance or any rule or regulation previously adopted or issued or which shall be adopted
or issued pursuant to the law relating to the use of buildings or premises, provided, how-
ever, that where this chapter imposes a greater restriction upon the use of buildings or
premises than Is imposed or required by such regulations, this chapter shall control.
This chapter is to be construed liberally to secure the beneficial Interests and purposes
thereof. (Ord. 74 -43. Passed 3- 3 -75.)
1204.99 PENALTY; EQUITABLE REMEDY.
Whoever violates or fails to comply with any of the provisions of this chapter shall be
fined not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00) for
each offense. A separate offense shall be deemed committed each day during or on which
a violation or noncompliance occurs or continues. Notwithstanding the foregoing penalty
provision, the Municipality shall have the authority to Institute appropriate proceedings
to prevent the continued violation of this chapter.
(Ord. 74 -43. Passed 3- 3 -75.)
O4 PRlr)
HER] -;E f. \ v 184
F 5 U.\
4
COMMUNITY t
1991 2091
REGULAR PLANNING COMMISSI"N MEETING
AGENDA
SEPTEMBER 20, 1990
7:30
P.M.
CALL TO
ORDER
7:30
P.M.
REVIEW MINUTES OF PREVIOUS
MEETING
7:35
P.M.
HEARING
VARIANCE
PARAGON HOMES
8:00
P.M.
HEARING
REAR YARD
JOHN TURNER III
VARIANCE
8:15
P.M.
HEARING
SIDE 6 REAR
BOB WALTERS
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 schE3uled.
4629 Dakota St. S.E., Prior Lake. Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447 -4245
Ip
o/
,'
r. >
HERITAGE:
1891
COMMUNITY 9JJ5f3 t
1991 2091
PLANNING COMMISSION
MINUTES
SEPTEMBER t, 1990
The September 6. 1990, Planning Commission Meeting was called to
order by Vice - Chairman Chuck Arnold at 7:30 P.M. Those present
were Commiusioners Loftus, Arnold, Wells, Roseth, Director of
Planning Horst Graser, Associate Planner Steve Hess, and
Secretary Rita Schewe. Commissioner Kedrowski arrived at 7:35
P.M.
ITEM I - REVIEW MINUTES OF PREVIOUS MEETING
MOTION BY WELLS, SECOND BY LOFTUS, TO APPROVE THE MINUTES AS
WRITTEN.
Vote taken signified ayes by Loftus, Arnold, Wells, and Roseth.
MOTION CARRIED.
Rccess called until 7:35 P.M. at which time Chairman Kedrowski
resumed the chair.
ITEM II - HAROLD DELLWO VARIANCE CONTINUED
John B. Mahoney, 17276 Murphy Lake Blvd., representing Mr.
Dellwo, provided information showing the redesign of an earlier
proposal which would reduce the amount of the variance needed to
a 19 foot lakeshore, 5 foot west sideyard, and 3.1 east
sideyard.
Horst Graser presented information as per memo of September 6,
1990. Staff feels that the applicant and Mr. Mahoney have made
an effort to comply with the Commissioner's concerns. The new
proposal has an improved exterior design and a reduction in the
lakeshore variance but increases the side yard variances. Due
to the size of the lot, a hardship does exist. Staff feels that
this is an acceptable development proposal.
Comments from the Commissioners concerned; response from the
neighborhood, removal of houseboat, and status of adjoining lot
ownership. The Commissioners expressed support for the variance
application.
4629 Dakota St. S.E. Prior lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax(612)447-4245
PLANNING COMMISSION MEETING MINUTES SEPTEMBER 6, 1990 PAGE 2
MOTION BY WELLS, SECOND BY ARNOLD, TO APPROVE A 3.1 FOOT EAST
SIDE YARD VARIANCE, A 5 FOOT WEST SIDE YARD VARIANCE AND 19 FOOT
LAKESHORE VARIANCE FOR LOT 15, GRAINWOOD PARK. RATIONALE BEING
THE SMALL SIZE OF THE LOT IS A HARDSHIP AND THE VARIANCE IS
CONSISTENT WITH VARIANCES GRANTED IN THE GRAINWOOD NEIGHBORHOOD,
AND WOULD NOT INFRINGE ON THE HEALTH AND WELFARE OF THE
COMMUNITY. THE VARIANCE APPROVAL IS CONDITIONED UPON REMOVAL OF
THE HOUSEBOAT PRIOR TO THE ISSUANCE OF AN OCCUPANCY PERMIT.
Vote taken signified ayes by Arnold, Wells, Kedrowski, Loftus,
and Roseth. MOTION CARRIED.
Recess called at 8:12 P.M. Reconvened at 8:15 P.M.
ITEM III - DONALD WALZ - SIDE AND FRONT YARD VARIANCE
Donald John Walz, 4229 Grainwood Circle NE, stated he is
proposing to build an 22 X 22 attached garage and due to the size
of his lot is requesting a 5 foot east side yard variance and a
12 foot front yard variance.
Horst Graser presented the information as per memo of September
6, 1990. Lot 5, Grainwood Park, is a substandard lot containing
5700 square feet. The issues cited by Staff which make this
proposal not acceptable are, (1) The garage is encroaching in a
public utility easement, (2) The driveway as shown will not
function as access to the garage.
Consensus from the Commissioners were to find a workable solution
rather than continue the hearing. Staff was asked to recommend
an alternative plan.
Mr. Graser suggested reducing the garage 2 feet and increasing
the size of the driveway. A small area in front should be sodded
for green space and drainage must be addressed at the time of
a building permit application.
Maurice Hagen, 7239 Oakland Ave. South, Richfield, voiced
concerns on the roof line.
Mr. Walz stated that the roof will be an A -frame design and the
second floor would be a workshop. His long range plan is to put
a pitched roof on the home that now has a flat roof.
Merle White, 4230 Grainwood Circle NE, felt the applicant is
trying to remodel the home and should be given a chance.
Howard Ellsworth, 4221 Grainwood Circle, said that in all
fairness to the Commissioners, the home was built when it was
part of Eagle Creek Township and Prior Lake was not responsible
for the building permit and hope that the variance would be
granted to the applicant.
PLANNING COMMISSION MEETING MINUTES SEPTEMBER 6, 1990 PAGE 3
Comments from the Commissioners were on green space, roof pitch,
drainage, parking problems and tree replacement.
MOTION BY LOFTUS, SECOND BY WELLS, TO GRANT A 5 FOOT EAST SIDE
YARD AND 10 FOOT NORTH FRONT YARD VARIANCE TO CONSTRUCT A 20 X 22
FOOT ATTACHED GARAGE. RATIONALE BEING THAT IT IS A SUBSTANDARD
LOT OF 5700 SQUARE FEET AND A VARIANCE IS CONSISTENT WITH
PREVIOUS VARIANCE APPLICATIONS FOR THE GRAINWOOD NEIGHBORHOOD.
THE VARIANCE IS NOT DETRIMENTAL TO THE HEALTH AND WELFARE OF THE
COMMUNITY.
AN AMENDMENT TO THE MOTION WAS MADE BY COMMISSIONER ARNOLD, TO
INCLUDE THAT THE OPEN SPACE BETWEEN THE GARAGE AND THE CURB BE
SODDED AND THAT THE LOST TREE BE REPLANTED AT THE DISCRETION OF
STAFF. THESE CONDITIONS SHOULD BE IMPLEMENTED PRIOR TO ISSUANCE
OF AN OCCUPANCY PERMIT FOR THE GARAGE.
Vote taken signified ayes by Kedrowski, Roseth, Wells, Arnold and
Loftus. MOTION CARRIED.
Recess called at 8:42 P.M. Reconvened at 8:45 P.M.
ITEM III - PUBLIC HEARING - ARCHITECTURAL CONTROLS ORDINANCE
ITEM IV - PUBLIC HEARING - SUBDIVISION ORDINANCE AMENDMENT
Public Hearing for Architectural Controls Ordinance was called to
order at 8:45 P.M. Public was in attendance.
Steve Hess, Associate City Planner, requested that both the
Architectural Controls Ordinance and Subdivision Ordinance
Amendment Public Hearing be held simultaneously.
Public Hearing for Subdivision Ordinance Amendment was called to
order it 8:45 P.M. Public was in attendance.
Mr. Hess gave a brief review of his report. The City Council
directed staff to research the feasibility of establishing
architectural design standards for Prior Lake. This research was
initiated as a result of complaints from residents on repetitous
house designs in the Sand Pointe Development. In the course of
the research it was found that in Minnesota the standard approach
to architectural zoning is administrative policy. This is a
policy that is developed by Staff under the direction of the City
Council. Staff recommends adoption of the amendment to Section
4 -7 -1 of the Prior Lake City Code and the addition of a new
paragraph in Section 6 -4 -3 of the Subdivision. See copy of draft
titled "PROPOSED ARCHITECTURAL GUIDELINES FOR SINGLE FAMILY
NEIGHBORHOODS" dated July 18, 1990.
Terry Radabaugh, 5796 Cedarwood St. NE, stated that he was the
originator of this complaint and thanked all concerned for
bringing this amendment about.
PLANNING COMMISSION MEETING MINUTES SEPTEMBER 6, 1990 PAGE 4
Consensus from the Commissioners were in favor of the amendment.
MOTION BY LOFTUS, SECOND BY ROSETH, TO RECOMMEND THAT THE CITY
COUNCIL ADOPT THE ARCHITECTURAL CONTROLS ORDINANCE AS PRESENTED.
Vote taken signified ayes by Loftus, Roseth, Wells,
Kedrowski, and Arnold. MOTION CARRIED.
MOTION BY ROSETH, SECOND BY LOFTUS, TO ADJOURN ARCHITECTURAL
CONTROLS ORDINANCE PUBLIC HEARING.
Vote taken signified ayes by Roseth, Loftus, Wells, Kedrowski,
and Arnold. MOTION PASSED. Public Hearing closed at 9:05 P.M.
MOTION BY LOFTUS, SECOND BY ARNOLD, TO RECOMMEND THAT THE CITY
COUNCIL APPROVE THE SUBDIVISION ORDINANCE AMENDMENT TO SECTION
6 -4 -3 AND SECTION 4 -7 -1 AS PRESENTED.
Vote taken signified ayes by Loftus, Arnold, Kedrowski, Roseth
and Wells. MOTION CARRIED.
MOTION BY ARNOLD, SECOND BY WELLS, TO ADJOURN THE SUBDIVISION
ORDINANCE AMENDMENT PUBLIC HEARING.
Vote taken signified ayes by Arnold, Wells, Kedrowski, Roseth and
Loftus. MOTION CARRIED. Public Hearing closed at 9:07 P.M.
MOTION BY WELLS, SECOND BY ARNOLD, TO ADJOURN MEETING.
Vote taken signified ayes by Wells, Arnold, Kedrowski, Roseth,
and Loftus. MOTION CARRIED.
Meeting adjourned at 9:10 P.M. A tape of the meeting is on file
at City Hall.
Horst Graser Rita M. Schewe
Director of Planning Recording Secretary
OF PRdG\
k HERITAGE COMMUNITY
�
1891 1991
T
\
PLANNING REPORT
APPLICANT: PARAGON HOMES
ITEM: VARIANCE
PRESENTER: STEVE HESS, ASSOCIATE CITY PLANNER
PUBLIC HEARING: YES X NO
DATE: SEPTEMBER 20, 1990
SITE ANALYSIS
9l7JSv- i
INTRODUCTION•
The — Planning Department has received a variance request from
Paragon Homes to consider a 3.35 north side yard variance, a 5
foot south side yard variance, a 5 foot front yard variance, a 32
foot lakeshore variance and a 120 square feet minimum lot area
variance for a proposed new home at 3175 Linden Circle. The site
is legally known as Lot 50, Northwood.
HISTORY /BACKGROUND:
The Northwood subdivision was platted in 1911 under the
jurisdiction of Eagle Creek Township. It was annexed into the
city in 1975. The subject site is a vacant lakeshore lot
approximately 66 feet by 166 feet. It is zoned R1- Shoreland
District and contains 7,380 square feet. The topography of the
site has about twenty feet of relief.
STAFF ANALYSIS•
The s u ect site is located in a neighborhood that has a mixture
of home styles and values. Linden Circle, which provides access
to the site, is an unimproved private road that is 30 feet wide.
All public utilities are available. Although Linden Circle is
private it will some day be public. The conversion to a publicly
maintained street will require the street to be upgraded to a
blacktop surface. A minimum of five feet of additional right of
way will be necessary for the improvements. The application
requests a five foot front yard variance, but the home location
should not pose future hardships for the road improvements. The
subject lot is a substandard lakeshore lot and does not meet the
minimum standards for the Shoreland District. The Council's
established policy is that implementation of the new ordinance
causes the hardship and not the action of the owner. The new
home will be located slightly behind the existing neighboring
house to the north, which was granted a 14.5 foot lakeshore
variance by the Planning Commission in 1983. Until May of 1990
4629 Dakota St. S.E. Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
the subject lot and the adjacent lot to the south, which is
vacant, were under the same ownership. The intent of the
Shoreland District is to combine substandard lots (reference
Zoning ordinance Section 9.3B1.e), but it is interpreted that
lots must be in separate ownership at the time of building permit
application. This interpretation on separate ownership enables
the subject lot to be a buildable lot. The applicant has located
the proposed home in the area that would require the least amount
of grading. The subject lot contains several trees on the
property, but the location of the proposed home will allow the
largest trees to remain. The proposed home is being built in the
area that will have the least negative impact on the lake and the
surrounding homes.
STAFF RECOMMENDATIONS:
Approve the application as received since it would not be
detrimental to the neighborhood and to the general health and
welfare of the community.
CITY OF PRIOR LAKE
APPL ION FOR VARIANCE
Applicant: /�? r�'o<✓ � Phone: q a 76
Address: < . Work Phone: 4.:d- ios4
Property Owner: an u --__ Phone:
Address: wo rk Phone:
'type of Ownership: Fee Contract__ Purchase AgrMwnt
Existing Use
of Property: 1 1 A�4 A'r - Zy T
Proposed Use f
of Property:
-
P resent Zonincl: �✓
rid
Legal Description SU A�
of Variance Site: // o�
Va r once Requeste S X;C � T 4eve S , �M r Ya es ( 2C
C4! 3. iY/1� R G �
Has the applicant previously sought plat, rezone,
�F. ... �i�
abtair✓a� o conditional
use permit on the subject site or any part of it?
Yes tb
What was requested:
When: D isposition:
Describe the type of improvements proposed: CACSsE
(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 i Property Identification Number
(PM). (E)Deed restrictions, if applicable. (F)An area map at 1.200' available
from the City Engineering Section showing: existing topography, utilities, lot
boundaries, building easements and soil test data if pertinent within 300 feet.
(G)A parcel map at 1•- 20' -50' showing: The site development plan, buildings:
parking, loading, access, surface drainage, landscaping and utility service.
ONLY COMPLETE APPLICATIONS SHALT. BE REVIBM BY THE PLANNING CONPISSION.
Tb the best of my knowledge the information presented on form is correct. In
addition, I have read Section 7.6 of the Prior Lake Ordi ch ifies
requirements for variance procedures. I agree to pr informs ow the
procedures as outlined in the Ordinance.
Submitted this day / y_ I+PP i gnature
( Fee Mfrs Signature
2HIS SPACE IS TO BE FILLED OOf BY THE PLANNING DIRD=
PLANNING COMMISSION _ APPROVED _ DENIED DATE OF HEAHIM
CITY COUNCIL APPEAL _ APPROVED _ DENIED DATE OF HEARING
CONDITIONS-
Signature of the Planning Director Date"
V
No deDepuant farr and UWar entered; Catenate
of Real Eelate Value ( IDed ( ) not tequhed
Cartlda4 o f g ��4 VeIIY Noy,19Zi�—
or I/ [_
0agnty A Wibf
f ." ; f I _
STATE DEED TAX DUE HEREON: t 122,}Q_
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fa
FOR VALUABLE CONSEDERATION, Ghn;CW PROPERTIES 1C-
a �etlm node tee 1[w[ of
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Lot e9, WIIMWm, Scott Cn ty, Mlnleeota according to the recorded plat thereof.
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HIJEMOELLER A BATES
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I•.e'V idANNLIN TRAIL
PRIG.l LANE. MN. 55372
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TAINT S. IONNSON CON► /NIES. INC.
CERTIFICATE OF SURVEY
FOR PARAGON HOMES
SCALE: V = 30'
LEGEND
• Corner Found
O Corner Set
o Nub Set
-- "904-"- Existing Contour
025.3 Spot Elevation
VIES
1) Ccnc hru i'. is top nut •O
of hydrant shown on lzz b
dra ring. Elev = 925.97 b
i h
^•rea of lot is 7, 3;,J �, c
Soua re reel. Area of i
boi I in, (L,u s:, g.rao
and dock) I 2,3i6 ,�� Z
Sgajre F; ^t. of
cu'vrag^ 1: .. .
I nereby certify that this is a true and correct representation of a survey
of the boundaries of:
Lot 50, NORTHWOOD, according to the recorded plat thereof, Scott
County, Minnesota.
As surveyed by me or under my direct- supervision this Zafh day
of S 19
Nor&
BEAPN" 6ASEG aA AN
A%s4M&P OAT'l/I.
PRlU
HERITAGE COMMUNITY 9!'TJ.ir. 1
1891 1991 toys
NOTICE OF HEARING
FOR
SIDE YARD, FRONT YARD LAKESHORE AND LOOT SIZE 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
P.M.
PURPOSE OF HEARING: To consider a variance application
for Paragon Homes.
SUBJECT SITE LOCATION: 3175 Linden Circle
Lot 50, Northwood
REQUESTED ACTION: The applicant wishes to build a new
single family home on the subject
site. The applicant is requesting
that the Planning Commission will
grant a 3.35 foot north side yard
variance, a 5 foot south side yard
variance, a 5 foot front yard
variance, a 32 foot lakeshore
variance and a 120 sq. feet minimum
lot area variance in order to build
the new 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
September 11, 1990
4629 Dakota St. S.E, Prior Lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 447 -4245
k HER /TALE
1891
y
"VA22PC"
APPLICANT:
ITEM:
PRESENTER:
PUBLIC HEARING:
DATE:
COMMUNITY
WWI
PLANNING REPORT
JOHN TURNER
VARIANCE
DEB GARROSS, ASSISTANT
YES X NO
SEPTEMBER 20, 1990
SITE ANALYSIS
CITY PLANNER
4W h
HISTORY BACKGROUND
T - tie P arming Department has received a variance application from
John Turner of 14137 Shady Beach Trail. The applicant is
requesting the Planning Commission to grant a 2.5 foot east rear
yard variance. An existing deck is located on the east side of
an existing home which was built 22.5 feet from the east property
line.
PREVIOUS PROPOSALS:
A building permit was issued to the site in May of 1990. The
Building Official reviewed the permit, survey and house ]plans and
approved a deck compliant with Zoning Code setback requirements.
During construction, a decision was made to build the deck larger
than proposed in the building permit application. This decision
was apparently based upon an inaccurate measurement on the part
of the builder, to the rear yard property line. The error was
caught upon inspection of the property by the City of Prior Lake.
The applicant was given the options to reduce the deck size or
apply to the Planning Commission for a variance.
PHYSIOGRAPHY•
The lot is relatively flat with a drainage channel located just
to the east of the subject site. The lots located north and
south of the subject site are developed with single family homes.
The land located to the east is a drainage channel and dense
vegetation separates the channel from properties to the east.
DEVELOPMENT SUMMARY:
T e su 7ect site contains 8,268 square feet of area and is
approximately 90 feet wide. The required rear yard setback is 25
feet. The deck is located on the second story of the home.
DEVELOPMENT ANALYSIS
PLANNING CONSIDERATIONS:
This is a situation whereby the hardship was created by an
individual action and not the provisions of the Zoning Code. Had
the deck been built as proposed in Building Permit 90 -109, there
would be no need for a variance. There is sufficient lot area
4629 Dakota St. S.E., Prior lake, Minnesota 55372 1 Ph. (612) 447 -4230 / Fax(612)447-4245
available for a deck to be built compliant with the Zoning
Ordinance. This situation can be remedied through redesign of
the deck and there is no demonstrated hardship.
STAFF RECOMM ENDATION:
The recommen staff is to deny the 2.5 foot east rear
yard variance on the basis that no hardship exists with respect
to the provisions of the Zoning Ordinance.
Pmt 33- 1141 -00� -a
CITY OF PRIOR LAKE
APPLICATION FOR VARIANCE
Phone: I NS - 77
Phone:
Phone:
Type of Ownership: Fee, Contract Purchase Agreement
Consultant /Contractor: Pho ne:
Existing Use
of Property:
Proposed Use Sir
of Property:
Legal Description LeC 16
of Variance Site:
Variance
Zoning:
Has the applicant previously sought to plat, rezone, obtain a v _qriance or conditional
use permit on the subject site or any part of it? Yes !�No
What was requested:
When: D isposition:
Describe the type of improvements proposed: RE A2 bfc-< ON �61-SE
(A)Campleted 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)Canplete legal description i 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 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 Zoning Ordinance which specifies
requirements for variance procedures. I agr pr ide information and follow the
procedures as outlined in the Ordinance. I 21
T N is Signal
Submitted this S day of
P Owners Signature
THIS SPACE IS TO BE FILLED BY THE PLANNING DIRELMM
PLANNING COtMIISSION _ APPROM _ DENIED DATE OF HEARING
CITY COUNCIL APPEAL _ APPROVED _ DENIED DATE OF HEARING
Signature of the Planning Director Date
JOHN 7uRNER
14141
Volley Surveying Co., Inc
SHADY BEACH (RAIL
PRIOR LAKE, MN. 33372
SUITE IZO.0 , 16670 FRANKLIN TRAIL
FRANKLIN TRAIL OfTgCE CONO0MAIL
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TELERaIONE (6121 447_2370
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of fini.hed surface drainage
- the C rage sae at ole,,. R ,W
:':t the top Rluck at elevatjon .17,33
h, solar area - 6,2M square feet.
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k HERITAGE COMMUNITY
1891 1991
T
nsr, `Fyo
"VA22PN"
NOTICE OF HEARING
FOR
VARIANCE
9�Jw-k'
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 5:00 P.M.
PURPOSE OF HEARING: To consider a variance application
for John Turner III.
SUBJECT SITE LOCATION: 14137 Shady Beach Trail
Lot 16 and p/o Lot 17, Conroy's Bay
Addition.
REQUESTED ACTION: The a4pl icant has requested the City
Planning Commission to grant a 2.5'
east rear yard variance for a deck
on the easterly side of the home.
The required rear yard setback is 25
feet. The proposal is to locate the
deck 22.5 feet from the east
property line.
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) 447 -4230 / Fax (612( 447 -4245
/� PRIpk HERITAGE
\\ .
1891
` T
T
F.5 \ \�
"VA17PC"
COMMUNITY
1991
PLANNING REPORT
APPLICANT:
ITEM:
PRESENTER:
PUBLIC HEARING:
DATE:
ROBERT WALTERS
VARIANCE
DEB GARROSS, ASSISTANT
_YES X NO
SITE ANALYSIS
CITY PLANNER
'/'y t
HISTORY /BACKGROUND
The Planning Department has received a variance application from
Robert Walters of 14407 Watersedge Trail. The applicant wishes
to construct a 22 x 24 foot detached garage in the southeast
corner of his lot as per attached survey. The request is to
grant a 5 foot south side and 5 foot rear yard variance.
PREVIOUS PROPOSALS:
The exsting sing a family home was built in 1978 under the
jurisdiction of the City of Prior Lake. At that time a 22 x 24
foot garage was proposed in the rear yard which could be built
compliant with current setback requirements. (See attached
surveyors certificate $78 -163 for details) The garage location
proposed in 1978 does not provide adequate driveway access to
accommodate a vehicle attempting to park in the west garage
stall.
PHYSIOGRAPHY
Lot 35, Boudin's Manor contains approximately 6,200 square feet.
The lot is located within the floodplain of Prior Lake. The
existing home was built prior to the adoption of a Flood Plain
Management Ordinance and the existing home is actually located
within the floodplain. The proposed garage will have to be built
at elevation 909 which may pose drainage problems for the
existing home. There are approximately 14 mature trees within
the rear yard, of which perhaps 3 to 4 will be removed to
accommodate the proposed garage.
ADJACENT USES:
A 7acent ots are developed with single family homes. There is a
thirty three foot drainage and utility easement located adjacent
to the east rear yard property line.
DEVELOPMENT ANALYSIS
PLANNING CONSIDERATIONS:
Staff has reviewr• t is application in order to identify the best
location for the proposed garage considering drainage, tree
4629 Dakota St. S.E.. Prior lake. Minnesota 55372 / Ph. (612) 447 -4230 1 Fax -612) 447 -4245
removal, aesthetic implications and impact on adjacent
properties. Lot 35 is a very small lot with a home that was
unfortunately placed directly in the center of the property. The
central location reduces the options available for placement of a
fully accessible garage. It would be possible to locate the
garage in the northeast corner of the lot requiring only a five
foot side yard variance. However, this alternative would
necessitate removal of an existing patio and would destroy the
rear yard environment in order to accommodate driveway and
turnaround space.
The proposed location will require fill and the applicant will
need to regrade portions of the lot to accommodate surface water
drainage. A retaining wall will likely be needed adjacent to the
the existing patio in order to divert water away from the
walkout. The applicant will be required to provide a drainage
plan as part of the building permit process. This information is
provided for the Planning Commission hearing so that all parties
are made aware of the problems associated with construction
within the floodplain district.
STAFF RECOMMENDATION:
The recommendation from staff is to approve the side and rear
yard variances as requested. The applicant currently has no
garage and a hardship exists due to the substandard size of the
lot. The property is heavily wooded and there will be little
open space available for planting of additional trees. However,
the Planning Commission may wish to address tree replacement as a
cond'tion of the variance application.
PM# 9 3 ' -o /-0
CITY OF PRIOR LAKE
APPLICA'i'ION FOR VARIANCE
Applicant: �'�V - o? 1 a I E c R. Hone Phone : _ _f' W 7 -18 7
Address: j 07 W .,'f - r ieSe +. Tre411 fork Phone: !V 7 - 12
Property Owner: S a ;.. a Lame Phone:
Address: Wo rk Phone:
Type of Ownership: Fee X Contract Purchase Agreement
Consultant /Contractor: — fie FLe w-T l.fe Pho ne: V 7 -f 7
Existing Use
of Property: 14 0..) rr K - P resent Zoning: v fti
Proposed Use Cr FL R :4 V i3 I
of Property:
Legal Description r7 A /
of Variance Site: v7 - 3 S Sou : ,, S Maw, a �.
Variance Requested: S ' S; 1e Va:t14".4 C Lai 31 64c,'
eF G.eT
Has the applicant previously sought to plat, rezone, obtain a variance or conditional
use permit on the subject site or any part of it? d es _ ::t�
What was requested:
When; D isposition:
Describe the type of improvements
SUBMISSION RSOUIREMWTS:
(A)Completed application form. (Wiling fee (C) rtified from abstract firm, names
and addresses of property owners within 100 of the exterior boundaries of the
subject property. (D)Canplete legal description c Property Identification arbor
(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:
pocking, 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. ,Q_I ,L () _ , 4 17
Submitted this b day of (n 1 9- C p
THIS SPACE IS TO BE F17.LE OUT BY THE PLANNING DIRECTOR
PLANNING COMEIISSION _ APPROVE _ DENIED DATE OF HEARING
CITY COUNCIL APPEAL, _ APPROVED _ DENIED DATE OF HEARING
Signature of the Planning Director Date
CERTIFICATE OF
SURVEY
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I hereby certify th.[ [Me ...y. CL. or report
s prepared by se er under ry direct supevl.lm
aM [hat I a . duly Raila.e.d land Sureeyer
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B OERIIAVE LAND SURVEYING. INC.
sneer the late f t st f xivnetet..
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IWI MhoY Cack N.E.
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James E. bn ,M. R
pew Y... Mines. ISM
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Dale /� / /tY B /ll0 0.e8. mo. 7093
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W.O. 275 -76 58/1 Survey For: FIR. a MRS. CHARLES VT SON Q
SUNDE LAND SURVEYING INC. EDWARD H. SONDE [�
wro.[rum ��xo se wv[row
9001 EAST BLOOMINGTON FREEWAY (35W) • BLOOMINGTON. MINNESOTA 56420 • 612.881 -2455
Surveyor's Certificate
ron Pipe Elev.- �� ; A S•-
911.6 �•� oOP�tbt
$ o D3 N t 2�
` t q p? P aQP. >• 15
• Proposed Top of Block elevation - 911.5
• Proposed Basement floor elevation = 90.3
Proposed Front House entry elevation -
912.7
• Proposed Garage floor elevation - 908.5
1d
NOTES b LEGEND
120.0
..
Iron Pipe Elev. = 910.8
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PROPERTY DESCRIPTION
Lot 35, BOUDINS MANOR, according to the plat
on file in the Office of the Register of Deeds
Scott County, Minnesota.
• The above proposed elevations are subject
to review and change by the City Engineer,
Building Dept., developer and owner.
proposed grades approved by the City are
final.
I hereby certify that this survey, plan or
report was prepared by me or under my direct
supervision and that I am a duly Registered
Land Surveyor under the laws of the State of
Minneosta.
Edward unde, R.L.S.
Date August 10, 1978 Reg. No. 8612
PRIO
�P HER /TAGS COMMUNY
1891 1991
X
M / .V NE 501
P IT
"VA17PN"
NOTICE OF HEARING
FOR
SIDE AND REAR YARD VARIANCE
4��fX- i
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 8:15 P.M.
PURPOSE OF HEARING: To consider a variance application
for Robert Walters.
SUBJECT SITE LOCATION: 14407 Watersedge Trail
Lot 35, Boudin's Manor
REQUESTED ACTION: The applicant has proposed to build
a 22 X 24 foot detached garage in
his yard as per attached survey.
The required rear yard setback for
an accessory structure is 10 feet.
The required side yard setback is 10
feet. Mr. Walters wishes to locate
the garage 5' from the south and
east property lines and has
requested the Planning Commission to
grant variances in order to build
the garage 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
September 13, 1990
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 447 -4245