Loading...
HomeMy WebLinkAbout1990 September Planning Commission Agenda Packets� . � /1 PR O \, � ky P E50/ 7:30 P.M. 7:30 P.M. 7:35 P.M. 7:45 P.M. * 8:00 P.M. * 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 0@ U � P 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 VA_9a - pIDi o33•a�z - FRI 1 45pp r:M",� 0 ;09 WL .. rr Gi 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 �p 0- ```011 O a t 'IP .. i (LtUI yq ) \� ✓.4- t Ila1•.. V20/M TMnn }weW 916.7 OenaG. tat.tW Nead. tLvstlana Al I9 e�j ^ y�,l /� �.,rsltr 4 ?. Oteott• proposed fiki W graft tlmtlona • 01w �— 11•n.tt. prepwt6 41. U. of tlnlr•ad dr.lu rAtnl7 r•xN rlw rAa�IrwM 1 N 1 1\• I Yy(t q sat g.1'a/. .tae aL tltrttton 922.30 r�.Yr R // n W I wl Rrw n+lt.r Dtt EpP !look tt tltvtlm 922.Qt Tot.l Lot Al./ • 7,643 p. t.at • N 1 I v1• as jO vow a u 1 �1 a. • J _� N )EV)P� et 1 P=R1PTI0N, Lot 15, GRAIRWWD PARK, Seott Count, Nlmuob. Alas enn,li tM Io HW at tkt propo.td kou.t u .o&W Nl1r 9N d.J of Julf. 1990. 30 60 o SCALE IN FEET O pMw l W M p LRwrr 10 /g • Iwa. pg. antra.AW • pndn P R. Mdl W /otul Banc4/aek aLrttlan 910.00 aplkt In 60• eottmaood W Man an tM ausnf dratln6• RE r MM0 g,,, If! ANt IS Ila1•.. V20/M TMnn }weW 916.7 OenaG. tat.tW Nead. tLvstlana Yom. ^ y�,l /� �.,rsltr 4 ?. Oteott• proposed fiki W graft tlmtlona • 01w �— 11•n.tt. prepwt6 41. U. of tlnlr•ad dr.lu rAtnl7 r•xN rlw rAa�IrwM •�..r.r.� aat.Idn sat g.1'a/. .tae aL tltrttton 922.30 r�.Yr R // n W I wl Rrw n+lt.r Dtt EpP !look tt tltvtlm 922.Qt Tot.l Lot Al./ • 7,643 p. t.at W. "S RE r MM0 g,,, If! ANt IS 010 ° TI. frRccr N 2 \ 4oi5 4055 11005+ r i 3 Y I (n $ 9 VIC' R S c....ar Avg. 1 1 J 1555 IS a 3 2 0 • f F 4 o i S + • � U U 9 2% 4 OVTLO ° 4090 \0p e •9 r I) � OWwMti W \6 M � A _J 9Spl1� 9 4045 00^1yy11wWJ.. It A \s R\ \ p 01•o Z O 0 1 s • +PP�L t•u c. Ins o V O 0 rot, 41 v v?u 5 r � 3 . Hoop w 2 4 GNNM .A: n +` ` i 6 dill IF r V11� e \ mattba � t , N o` 4 ..Y 7 5 3 did m ,uj 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�� fs7 T "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 w ok -� Pz� CITY OF PRIOR LAKE APPLICATION FOR VARIANCE 7Qn ".r & 1z —r-- ace Phone: -Q - Applican 1. Address :_ y_22g I n wo c i ma c / - - 4 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 /n_ /C 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 r � r a _ Y -j y C D L IA ° CE .• _ f / �T� lT �s��Y 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 faY q PRIOR LAKE n 11K CHITTOY: Lot 5. GRAIRKMi PARK. ..00tt C W. KLuf.uG. ALN W L.A t 1.%I. of N. p.-ul'Nwn frcafe. R.WUI I Ip.u- 1u.•r• .•le.nttun 914.41 WV of W tR e 5 ..u.1Lt/ Tu ft. wuMOL . 1- .f tn. rolw+rt .soft .f . S• 113.2 O W..xlutlry; )e da .1.r.ti . 13.4 Ilwot.. PeupoxM ftm1 ee.A. .Lr tlo.. +— I..NG. p po..6 di w U. of f101 6e.tN Not t P..~ eI.A st .leretlm 913.!0 fleet f•.o.• .1.r.t1...1' t HO.r. 1- 917•35 TMI 1-t sew. 1. 5.0" Fqv r. rt. 0 30 60 IArNT .wife 0.1 /N Frq Fr..r.N •.. r wv q' OiM.P..�i...M SCALE Of FEET Iw.YF t....I I.N F+RrnIr AN oft SNf. r HmRRW.. 0 M... IAt 1w.MirAAr .N.N. ..1M.w.14 + l.rr N. IdFD O.f. Llur. M.. 8113 • OHM.. AN, M.1 NI - Fl[ A4 6555 TOOK MS NS[ 7T N N Q M N 4p TREE '7 TREE 0Sl�� V PPO -2— NEDGE i 0'TRFE 'e ./TREE HEDOE I A Pi SI % SRUSH STUMP i0 Se" TR f c i 2 ! IN /BI (N /BI DBt••� sTU Pr e PP ' 913.2 2 O o (!L STUMP � D 2 9 STUMP^ 40' TREE _ Z P REE KEDGE Q �E V M - a rREEv 9 - T R EE � � 1v /BI ry 30 TREE .. ryO 8 LDEW! F PP f 909.6 4 g [ 1so�TREE :- lN /el � v S' PP POST 926.6 .q 7 n I � r _ ^ a TRF S a 1 .. i alollo w STUMP QA rr \ n 5 Ct 1 ua.o 24!'TR �• 6 t 30"TREE 2_EyflWRqNS D4E ' _ �USWC'' 1REE ' -J c,. } Si SAN 3' - C 2f TREE S ROCKALL 3 !� 50 NTRE f R0R W i A R _ C r 9246 wM.L eUSNES ^ 71 ) sOS' 1 . 7 I 14 /8) g 9 (0 jeosNES ; 9053 W/0 —AF 923.0 921.0 Q - 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 3 2 KE SCALE f -5d i 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. r HOWARD E. HUBER and MARIAN R. HUBER — 011i011114 sf Ufi,Y[ of final 6631 � fall Cuwllr. MIN%• I Yw6/ not M M VAM w i4i Y Y Yt mow M VA V '. j{.1Q.rdli f we •M wnii a A A or" v � T r'I N.�'tS 1 �/ 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�> T. ' 1// '0 E. r 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 U� \ � 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 : 0 n J c � � 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_ D.b: my a .1929._ fa FOR VALUABLE CONSEDERATION, Ghn;CW PROPERTIES 1C- a �etlm node tee 1[w[ of M G�ewti .OmWt. bexeby ronv.ye Me eM,MU fAYADQ R. GEBmI 19Gy4�i M. G @8471 ,Gm1 eU1. n[l property in eoott rovnty. Mlnav oW de wAb l a follam: Lot e9, WIIMWm, Scott Cn ty, Mlnleeota according to the recorded plat thereof. AID 'Dar cart of the plat of y1CICm® atld tlrt pert of Gonam Tertt lot S. section 3, To+fntdp Ile, 9Me 22, Scot+Canty. M1x'Irota adjoilifel lot 49 led the wtaie N edge d prlar Lela which lies nwtham etely of the efutha luw ly mlte[I.len of the Wit'h<eetely line of said lot 19, and ect, I tarly of the ewBtueterly estansim d the ftatlW"terly lirA of rid lot U. In..VY pY Yn�e.e. wl'Z r. rl b {eNef wfth a beladltuoenY [nd {ppofNn.noa belonging tbolete, eobjevt b Me fafic.eng.aoryee : slbJect to LaetrloHale, reee:vetdar W eeelnmte cc read, if M. .� DEED — � . ,�. " G MMITtE INC. .. SL'A10.Moee;....... l 2 2. 10 _ B• in EE —_ omen ••• u_� Opel DLO STATE OF MINNESOTA COUNTY OF SCRTT The f.rjn,vg wu acknawied{N bf. me thla EN dq of lfew by . IAe of tilAaiOm VRb1eDG'IEE 11a^_. .[ Q,=rmljon under lb. I.w[of YI ^w,.r ,on behalf of lbr J37tR' — .(— x.�1..1.L LT.Yf Ot L[ALNI \Otte\ \TITY O \ {M \I �f -e IOfS W M i��OMiY Wn��, O.u.,,, •YYa n.NW OTT W SCOTT Co ® Ir w. Iw DaWwr M ,m Kathleen R. Gartso. ofd Kathleen M. Gabler T.n�x,l.vYa.T e..ou.nv\r M.Y\.xo.on\rvl: 7421 Ga ),A, 5 5 Prien La 37 ke, M 55P2 HIJEMOELLER A BATES e 9N1 f S AT LAW I•.e'V idANNLIN TRAIL PRIG.l LANE. MN. 55372 tee.re.raar . as w Y.wlww u w n _ nr� �1(. r RAY. i104V1� l twv rW.. w - 207945 152539 1v0 �( J O 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 sa, e MIOR LAKE, MINNESOTA } }ST2 CO i TELERaIONE (6121 447_2370 1 -3241 i¢ e . 9 989 m21 4 T s sa, e = CO i i¢ L L o� _ T � � p p4a O T yl I i I y e a \ ~YN 11 1 ( \ ~ I V I 8 a a P:SORfRrl� Lot ll Pint , CCi Ri^Y h or .he a t, I., X+n.eanta. a.d that part of Lot 17, of % feet Yltl wunn /mr nrtn M m. o 'et '7. f1Y o anpXl Me ..h l�t a Xa�. lagp. Ns P=a $k 4 ° °. :m.[a , w .,,, s,,,ke ;. , , • aXUan o. He 3a - -wa d el... tie.. proponeL fin'.y.ed Iran. elevat lolb �� �toate: prnposet mrrction 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. 0 20 40 1 I4 by aNiNy Ap rIW SCALE® "a r+lawvl b1 anC w7 anelaa a ay LlamYa La 3layap- an4 dei bo XfsXX.aftt fYfw,e. M,ar 111r Rhea a Ilw stew e! Did,. ... ME Ml 6431 !¢ 169 Pat 3B Pf _fti_ _ _ M W6� Lt. /• PN r � r _ Cwnt w f •eM rM alY.eclavAp OJ ssoe'n n.X uarr WrnJ�f , i i of Paeo 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 rtoxr:xl wnLt•r:as 2p a• 9 Nf� �b S �. t e ad; �\ N K W 6 \ xoUDIN•s MMDx e DenC:es . -a. - tn.. ent se. N • Denotes I:_c - an.. - -' - .c fount ro° jeno_e� _u =. c e.evanaor. • °e= Denaes o _.._o _. e. sc. oc xen,, n. -�a:. u� ew stmt,. s annoie . le pa vd fteva uon 9bem9 u.;,.t.C. 1949 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 „y_t - + >- B OERIIAVE LAND SURVEYING. INC. sneer the late f t st f xivnetet.. rply.` IWI MhoY Cack N.E. �= James E. bn ,M. R pew Y... Mines. ISM nix .e.nr Dale /� / /tY B /ll0 0.e8. mo. 7093 - 7 > '#)m� 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 M� 0 x L V N 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