HomeMy WebLinkAbout1989 April Planning Commission Agenda PacketsOR I Lie 0
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#3TY OF PRIOR LAKE
PLANNING COMMISSION
AGENDA
APRIL 6, 1989
7:30
P.M.
CALL TO ORDER
7:30
P.M.
REVIEW MINUTES
OF PREVIOUS MEETING
7:35
P.M.
HEARING
LAKESHORE VARIANCE PETER F. KUEHN
8:00
P.M.
HEARING
LAKESHORE VARIANCE RICHARD K. ODLAND
(512) 447.4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 56372
CITY OF PRIOR LAKE
PLANNING COMMISSION
MINUTES
MARCH 16, 1989
The March 16, 1989, Prior Lake Planning Commission was called to
order at 7 :30 P.M. by Tom Kedrowski, Acting Chairman. Present
were Commissioners Loftus, Roseth, Arnold, Kedrowski and Director
of Planning, Horst Graser.
ITEM I - REVIEW MINUTES OF PREVIOUS MEETING
MOTION BY ROSETH, SECOND BY ARNOLD, TO APPROVE THE MARCH 2, 1989
MINUTES AS PRESENTED.
Vote taken signified ayes. MOTION CARRIED.
ITEM II HEARING - LAKESHORE VARIANCE - JOHN MEYER
John M. Meyer, 8300 Ewing Road, Bloomington, MN 55431, stated he
would like to add a deck, 16 X 38 ft. on a newly constructed
cabin on Twin Isles for the purpose of enjoying the lake and
surroundings.
Mr. Graser's presentation indicated that Twin Isle lots were
platted in 1925 which now do not meet the existing zoning
requirements. The required setback 1s 100' from the 904 contour
line. Guidelines have been established not to exceed a variance
over half of the setback. Therefore, the recommendation for this
application is that the variance be granted for no more than a 12
foot deck to be built instead of 16 feet. The proposed deck
location is the logical site.
Commissioner Kedrowski read a letter from Mike Mueller of the DNR
indicating the rejection of the variance.
Mr. Meyer commented he was under the impression that the deck had
been included in the original building permit.
Comments from the Commissioners were that they felt a variance
over the 50' would not be feasible.
MOTION BY LOFTUS, SECOND BY ROSETH, TO GRANT A 50 FOOT LAKESHORE
VARIANCE FOR THE PURPOSE OF CONSTRUCTING A 12 X 38 FOOT DECK ON
THE LAKE SIDE OF THE PROPERTY, ON LOTS 43, 44, AND 45, TWIN
ISLES.
Vote taken signified ayes. MOTION CARRIED.
(612) 447 -4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372
ITEM III - RICHARD MUELLER - LAKESHORE VARIANCE
Richard Mueller, 4508 Vandervore, Edina, MN, stated that he
bought the house as a retirement home and would like to remodel
and bring it up to code standards.
Horst Graser stated that the area where
houses were built at an angle to face
line with lot lines, thereby causing the
The deck requires a 4' sideyard south,
26' rear variance. The improvements woul,
value.
this home is built,
the lake rather than in
variance application.
6.4' sideyard north and
9 increase the property
Question from Paul & Jan Geis, 17226 Sunset Trail, was on space
for parking. Mr. Mueller assured them that there would be space
for . parking cars on his property.
commissioners were concerned on the variances but due to the
construction pattern of the houses in the area felt it was not
the fault of the applicant. Also questions were raised
concerning possibility of construction of a future private road
to serve the subject site and and adjacent lots for parking and
access purposes.
Mr. Graser pointed out that Lot 3 is owned by the City and is
proposed to be kept as open space so construction on the lot is
unlikely at this time.
MOTION BY LOFTUS, SECOND BY ROSETH, THAT A VARIANCE OF 4' NORTH
SIDE; 6.4 SOUTH SIDE YARD; 26' PEAR YARD SETBACK VARIANCES BE
GRANTED FOR LOT 2, SUNSET SHORES, FOR PURPOSES OF MAKING
ADDITIONS AS SUBMITTED TO THE STRUCTURE.
JUSTIFICATION BEING THAT THE EXISTING STRUCTURE WAS BUILT
PRIOR TO ANY FORMAL ZONING CODE OR ORDINANCES AND THAT NEW
CONSTRUCTION IS CONSISTENT AND IN LINE WITH THE EXISTING
STRUCTURE.
VARIANCE IS NOT DETRIMENTAL TO THE GENERAL WELFARE OR HEALTH
OF THE COMMUNITY AND DUE TO THE ALIGNMENT OF THE EXISTING
PROPERTIES IN THE NEIGHBORHOOD, IT SEEMS TO BE IN CHARACTER
WITH THEM. THE HARDSHIP IS NOT THE FAULT OF THE APPLICANT.
Vote taken signified ayes. MOTION CARRIED.
MOTION BY ARNOLD, SECOND BY ROSETH, TO ADJOURN.
Vote taken signified ayes. Motion carried.
Meeting to adjourned at 8:30 P.M.
*Tape of meeting available at City Hall.
Horst Graser Rita M. Schewe
Director of Planning Recording Secretary
CITY OF PRIOR LAKE
VARIANCE - PETER KUEHN
APRIL 6, 1989
SUBJECT:
To consider two variances: 55.8' lakeshore, and a 5' side yard
variance for 3198 Linden Circle NW. The subject site is owned by
Peter Kuehn.
STAFF ANALYSIS:
The subject site is zoned R -1 /S -D with required setbacks of 75'
lakeshore, 25' rear yard and 10' for each side yard. The subject
lot is towards the end of Linden Circle. The immediate area is
predominately developed with a mixture of new and older year
round homes. Most of the homes in the area are located on large
lots and meet the 75' lakeshore requirement. The applicants home
is the closest structure to the 904 contour line and the lot is
approximately 9000 square ft in size.
The specific proposal is to remove 18 of the existinq deck and
build an addition to the home over this area. The remaining
13 deck would be left intact. A 4' deck would be added to the
existing deck and the new addition and would extend around the
house to the side yard. The side yard deck would extend 10' out
from the house.
The existing deck shown on the survey is only located 23.2' from
the 904 contour line. It is staff's opinion that this lakeshore
variance should be denied. If the lakeshore variance were to be
granted, the deck would be located 19.2' from the 904 contour.
This would be inconsistent with the surrounding area. Staff is
in the opinion that such a variance would not be consistent with
past actions of the commission or lake management objectives.
Due to the small size of the lot the proposed location of the
side yard deck is really the only location, except for the other
side yard, to construct a deck and still have a view of the lake.
The planning commission has tended to look favorably on variance
requests of substandard lots for decks located within 5' of the
lot line. In staff's opinion, the requested variance for the
side yard would not be out of character for this neighborhood.
RECOMMENDATION•
The recommen a ion from staff is to approve the 5' side yard
variance for lot 55 Northwood. Staff would recommend that the
55.8' lakeshore variance be denied for the aforementioned reasons.
(612) 447.4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372
City Property Information System
City of Prior Lake, MN
Parcel Status
Run at 10:58 AM on 03/24/89
Property Identification F ?umber: 251410320
Previous PIN: 251410320
Street Address:
City, State Zip:
Fire Code:
Occupant:
Code:
Area:
Number of Units:
Assessed Value:
Market Value:
Year Built:
003198 LINDEN
PRIOR LAKE, MN 000055372
000000
KUEHN/ PETER FRANK
Y
8,000
1
$12,586
$71,800
1964
Land Use: 201
Zoning: R1SD
storm sewer District: 0000
Election District: 2
School District: 719
Park Dedication Fee: $0
CIR
PAGE 1
Actual Use: SF
Census: 809.01 -02
Flood District:
TIP District:
Park Dedication Sq Ft: 0
City Property Information System
City of Prior Lake, MN
Legal Description Report
Run at 11:06 AM on 03/24/89 PAGE
PZN sQ Legal Description
--- - - - - -- -- -----------------------------
251410320 01 031141000003200
55
NORTHWOOD
PIDS !L1. - 03 1- 0
Phone: 117 �
of
Phone: Tyro
Phone: _
__7orK Phone:
Purchase Agreement
Existing Use I
of Property: a- P resent Zoning: RI17
(
Proposed Use �Ec of Property:
Legal Description
of Variance Site: �o�� N O wee
Variance Requested
Has the applicant previouslyVsought to plat, i6one, obtain a van' or conditional
use permit on the subject site or any part of it? _Y es _fib
What was requested: _
Descri4e the type of i:grovements proposed: 21 �o � _ M/ ex c f
/rFx v S
SUBuI REOUIR —EHMM
(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)Complete legal description a Property Identification Number
(PID). (E)Deed restrictions, if applicable. (F)An area slap 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.
OEII,Y CONPL.ETE APPLICATIONS SHALL BE REVIMM BY THE PLANNING OMWSION.
To the best of my knowledge the infonotion presented on this form is correct. In
addition, I have read Section 7.6 of the Prior Lake ng nonce which specifies
requirements for variance procedures. I agree to pr lion and follow the
procedures as outlined in the Ordinance. / Ar
Submitted this ,flay of � 9
THIS SPACE IS TO BE FILLED OUT BY THE PLANNING DIRBCIOR
PLANNING COMPIISSION _ APPROVED _ DENIED DATE OF HEARING
CITY COUNCIL APPEAL _ APPROVED _ DENIED DATE OF HEARING
CONDITIONS:
Signature of the Planning Director Date
vITY OF PRIOR LAKE
NOTICE OF PUBLIC HEARING
FOR
LAKESHORE AND SIDE YARD VARIANCE
You are hereby notified that a public hearing will be held by the
Planning Commission in the Prior Lake Council chambers at 4629
Dakota Street S.E. on:
THURSDAY, APRIL 6, 1989 at 7:30 P.M.
PURPOSE OF HEARING To consider a lakeshore and a side
yard variance for Peter Kuehn.
SUBJECT SITE LOCATION 3198 Linden Circle N.N.
Lot 55 Northwood
REQUESTED ACTION The applicant wishes to build a deck
addition to the home on lot 55 and
has requested a 55.8 foot lakeshore
and 5 foot side yard variance. The
required setbacks are 75 feet from
the 904 contour of the lake and 10
feet from each side yard.
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
MARCH 27, 1989
(812) 447.4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 56372
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CITY OF PRIOR LAKE
PLANNING REPORT
APRIL 6, 1989
SUBJECT VARIANCE APPLICATION
APPLICANT RICHARD K. ODLAND
SUBJECT SITE LOT 60, TWIN ISLES
REQUEST 49' LAKESHORE VARIANCE
BACKGROUND:
The�icant has submitted an application to the Planning
Commission whereby he requests a 49' lakeshore variance to add a
deck extension to the northerly side of an existing cabin. See
attachments for additional information pertaining to this
application.
STAFF EVALUATION:
Twin Isles was platted in 1925 into lots which are considered to
be substandard by current zoning standards. The lot contains
approximately 10,200 square feet and gently slopes down to the
lake. There is no record of the year built of the cabin. The
cabin is at variance with the current 100 foot lakeshore setback
requirement. The proposal by the applicant is to increase the
size of an existing deck by adding an additional twelve feet to
the northerly side.
The substandard dimensions of the lot constitute a hardship for
this site. However, the variance process should be used in a
manner which minimizes the degree of variance needed from
established standards. It is the opinion of staff that an
alternate location is available on the southeasterly side of the
cabin, where the deck size could be increased without further
encroaching on the lakeshore setback.
RECOMMENDATION:
The r elation from staff is to deny the variance as
requested. Literal enforcement of the ordinance would not
cause undue hardship because the applicant has use of the
existing deck. The application does not appear to observe the
spirit of the ordinance in that no attempt has been made to
minimize the amount of variance needed. Staff would not object
to a southeasterly deck addition provided that it be built to
maintain a consistent lakeshore setback with the existing deck.
(612) 447.4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372
c Own M I - m i N - i 1 - 0 1 " 0 a
Of
PIDI A�
Phones ;:7- ;f�0
Phone F27 -z.r OGP
Phone:
Existing Use
of Property: P resent Zoning:
Proposed Use
of Property: Aec, "1 0.4-t6
Legal Description LO 40 of Variance Sites
Variance Requested: Bally' H 12 fecl OK.f siZ-7� O'Oy
Has the applicant previously sought to plat, rezone, obtain a variance or conditional
use permit on the subject site or arty part of it? _ Y es
What was requested:
Describe the type of inprovements proposed: -7 Ann 42Y"7f0/ Dec - 7
(A)Cmpleted application form. (B)Filing fee (C)Certified from abstract firm, names
and addresses of property owners within 100 feet of the exterior boundji ies of the
subject property. (D)Complete legal description i Property Identifieetior kirber
(PID). (E)Deed restrictions, if applicable. (F)An area map at 1• -200 available
from the City Eigineerinq Section showing: existing topography, util# ties, 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, buildLxps:'
parking, loading, access, surface drainage, landscaping and utility'eervix.
CNLY COMP = APPLICATIONS SHALL Be REmm BY THE PLANK= ODlI MCK.
Tb the best of my knowledge the information presented an this fora .,e correct. In
addition, I have read Section 7.6 of the Prior Lake zoning rw
Ordiroe wh 6 dfils
requirements for variance procedures. I agree to ide infcneation aid fol the
procedures as outlined in the Ordlna :foe. y, y
Submitted thia -day of /FV,g,¢�yi1 Appli 8lgnaturs , ^
f
Fee Owners Signature x ',
THIS SPADE IS TD BE FILL® OUT BY THE PLANUM DMBCK% ! r
PLA[a M CM IISSICN _ APPRWW
CITY ODONCIL APPEAL APPRW ' ; _,_.zD814M
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City Property Information System
City of Prior Lake, MN
Parcel Status
Nun at 8 39 AM on 03131189
Property Identification Number 1 51000450
Previous PIN 251000450
Street Address: TWIN ISLAND
City, State Zip. PRIOR LAKE, MN 55372
Fire Code 000000
Occupant
Code N
Area 10,200
Number of Units: 1
Assessed Value: 14,662
Market Value: 122,200
Year Built:
Lard Use 151
Zoning: PISD
Storm Sewer District: 0000
Election District: 2
School District- 719
Park Dedication Fee: 10
CIA
PAGE 1
Actual Use- CA
Census: 80' +.01 -02
Flood District:
TIF District:
Park Dedication Sq Ft. 0
CITY OF PRIOR LAKE
NOTICE OF PUBLIC HEARING
FOR
LAKESHORE VARIANCE
You are hereby notified that a public hearing will be held by the
Planning Commission in the Prior Lake Council Chambers at 4629
Dakota Street S.E. on:
THURSDAY, APRIL 6, 1989
at
8:00
P.M.
—
PURPOSE OF HEARING
To consider a
variance
application
for Richard K.
Odland.
SUBJECT SITE LOCATION Lot 60, Twin Isles
3342 Twin Island Circle
PID N 25- 100 -045 -0
REQUESTED ACTION The applicant wishes to build a deck
addition to the existing cabin on
Lot 60 and has requested a 49 foot
lakeshore variance. The required
setbacks are 100 feet from the 904
contour of the lake.
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
MARCH 28, 1989
(612) 447.4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372
tr STATE OF
D EPARTMENT OF NATURAL RESOURCES
METRO REGION WATERS - 1200 WARNER RD., ST
PHONENO. 296 -7523
March 31, 1989
Mr. Gary Schmitz
CITY OF PRIOR LAKE
4629 Dakota Street SE
Prior Lake, MN. 55372
Dear Mr. Schmitz:
RE: VARIANCE REQUESTS: ODLUND - LOT 60 TWIN ISLES
KUEHN - LOT 55 NORTHWOOD
RECEIVED
APR 4 1989
PRIOIT�R LAKE
Please enter the following comments into the record at the public
hearing on April 6, 1989 and any subsequent hearings regarding the
above - referenced variance requests.
ODLUND LOT 60 TWIN ISLES
The City's ordinance is clear regarding decks. If the variance
requested will be within 152 of the required setback, then a
deck is allowable. However, when the request exceeds 152,
which in this case is 15 feet, then a hardship must be shown.
It appears to me that the applicant has adequate space on the
side of the existing deck to construct the additional deck
requested. If Mr. Odlund built on the side of the existing
deck, at least he would be maintaining the existing
nonconforming setback rather than diminishing it.
It is also a provision of the City ordinance that alternative
sites must be considered and only when a hardship is shown
should a variance be granted. The ordinance defines a hardship
by noting that strict enforcement of the ordinance would deny
reasonable use of the property. It is clear to me that
reasonable use already exists by virtue of the cabin and
existing deck. Therefore, the request should be denied.
KUEHN VARIANCE - LOT 55 NORTHWOOD
I believe this request has two (2) parts. First, the existing
5.75' deck is to be replaced with an enclosed addition to the
house. Secondly, a new 5.7' deck will be added between the
lake and the house and a new deck will be added on the west
side where there is currently a patio.
MINNESOG
PAUL, MN. 55106
FILE NO.
AN EQUAL OPPORTUNITY EMPLOYER
Mr. Gary Schmitz
"TTY OF PRIOR LAKE
darch 31, 1989
To the extent that the proposed replacement of the existing
deck with an enclosed house addition does not expand the
encroachment toward the lake, it appears that this part could
minimally meet the test of a hardship. However, I request that
the City give serious consideration to putting the addition on
the street side of the house or on either side before approving
the addition.
I find the proposed additional deck between the house and the
lake to be without merit and, more importantly, it clearly does
not come close to meeting the hardship test of your ordinance.
It should therefore, be denied. I will qualify this to the
extent that it was hard to tell from the survey about the deck
on the west side of the house. If the applicant wishes to
build a side yard deck that will not diminish the setback
between existing decking and the lake, it should be allowed.
However, a 19 -foot setback, as is proposed with the new deck,
is untenable.
As always, if you or any of the concerned parties have any questions
or comments regarding these comments, please feel free to contact
me.
Sincerely,
Mike Mue ler
Area Hydrologist
MM293:lkr
CITY OF PRIOR LAKE
TO: Economic Development Committee
planning Commission
/bevartment Heads
David J. Unmacht, City Manager
DATE: \\ March 29, 1989
From tilke to time I forward to you interesting articles relating
to municipal issues. I have found another interesting article
from the most recent Minnesota Real Estate Journal dated March
20, 1989. This article is quite interesting and presents to
municipalities a potential lesson in dealing with development
issues. I hope you find the article informative.
(812) 447.4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372
Developers win suit over rejected rezoning
COURT SAYS NEIGHBORS' OPPOSITION, TRAFFIC CONCERNS NOT ENOUGH
by Liz wbif
espite strong neighborhood op-
position toward the building of
multi - family rental units, the Apple Valley
City Council must rezone property for a pro
Posed S) million rental townhouse project,
Dakota County District Judge Gerald W.
Kalina ruled Feb. 7.
The arson is the result of lawsuit fled last
fall in Dakota County Court by joint venture
partners N68ington Management Inc. and St.
Croix Development Inc. against the city of
Apple Valley for denying their meaning re-
quest for the 102 -unit tcwnhome project.
Gerald S. Duffy, an attorney representing
Wellington and St. Croix Development, says
the decision reaffirms that citiescamnt reject
developments solely on to basis of neighbor-
hood objection and concerns about increas-
ed traffic.
Apple Valley City Administrator Tom
Malew refused $DCmnhnnent on the case. But
he says that the city council reviewed the
situation with its anomeys and, if necessary,
will proceed with an appeal.
Attorney Terrence P. Durkin, representing
the city, says there is a motion pending for a
retrial o"amended findings and fats" If the
retrial is denied byte coon, Durkin says the
e i
ision
e Kalinaroledth dec
to on "political
reasons a from citizens who
dislike rental property;' according to coon
documents. He also ruled that denial of the
reaming request was - unreasonable, ar-
bitrary and capricioos '
The coup ordered the council to rezone the
property — at the seudrwest comer of Dakota
County Road 38 (also known as Zoo Road)
and Cedar Avenue — to multi -family residen-
tial, and awarded the developers all costs and
disbursements.
The developers claimed that despite
unammous supponby the planning commis-
sion and conformance with the city's com-
prehensive guide plans, the council still
would not honor their request for rezoning.
Stephen B. Wellington Jr., owner of Well-
ington Management, alleges that neighbor-
hood opposition prompted the council to
deny the project's rezoning request.
Two principal concerns of the residents
were traffic and — more significantly, Well -
in on says — that the project was to be ren-
tor ousing, rather than owncrship housing.
"This stirred up the most concerns:' he says.
"We were surprised at the city council's
decision;' adds Mary McNellis, an officer,
director and shareholder of St. Croix
Development, "but the neighborhood had
been quite organized and placed a lot of
Pressure on the council' The neighbors are
opposed to multi -fatly hosing of any kind,
she says.
"%%j felt we had w choice but to file a
lawsuit, because we felt the city was (being)
arbitrary. We're very pleased with Judge
Kalinas decision. It was very much in our
fawr" McNellis adds.
Duffy, the developers attorney. says he is
surprised that the city went to court with the
case, and he is even more surprised that it is
insisting on proceeding with an appeal.
"The judge's decision was right in every
way" he says. "For a city council to give
credence to neighbors (who are) saying, 'Vic
don't want renters; is a bad sign"
Two issues of this case surd out in Duffy's
mind. he says. The first is that he argued that
because the city dos our record its council
meetings and there were no transcripts
available in coup, the city has the burden of
proof. And the court agreed, based cm the
case Swanson vs. the City of Bloomi".
N
The second issue is at the city tried to
focus on possible traffic problems the
townhoue project might cause.
"But Minnesou has never decided if traf-
fic c onnammu alone are enough to deny a poj-
en;' Duffy says. " Vk argued that traffic
problems are everywhere, and if it's an im-
pediment to development, it will alwysbe an
impediment. You don't wait to sumelevelop
ing until all the roads are in. You sun to
develop and then put the roads in"
calls for "highyualify" units. He explains
that the reason he and McNellis decided to
build townhomes in the am is because the
"city has had very little high-quality rental
housing in recent years:' And, he says, the
market is very strong for such apojeix in that
am.
Af erthe tmcompwiimetamd' wapur-
chase agreement to buy the property from
owner Steve Cheney, they applied fora maon-
meet the requrtemems ut �,� .. ,w,. ".."
planning commission, the planning commis-
sion unanimously voted to recommend that
the property be rezoned.
One week later, t ecouncil tabledaaion so
thedevelopers could meet with neighbors in
an "effon to nxluce mighborhocd objoction"
to the project, court records state. But, on
Aug. 23, the council voted 4-0 to deny the
reaming request.
Council numbers gave several reasons
de4mdinglhevdecision. The comcdargued
Nat the area is made up of detached sinale-
cea over the "appropriaumms and com-
patibility" ofaewmhouse poiax in an area
But, according so court records, ""it is
doubtful Nat arighhodmil smi imwt is a
legally sufficient reason t dory a rezoning
request' The court doamunu go on to sty
dot even if such a arment is legally suffi-
cient, in this cue.'tlu statement is not sup
ported by the evidence."
It was also noted that County Road A
which isadjacem mthe proposed project. is
to be compkud and 1990L
Council members also said that existing
comprehensive plan designations are being
reviewed by the city and would rut be con -
plaed Until tame time after Jan. 1. IM. But
the court said that Nis evidence does no show
that the property's classification will change
ass result of the review.
Only one of the council's reasons to deny
the returning request — concern over traffic
on abmuck Avtx e— held any saw, Judge
Kalmit noted in court records dated Feb. 7
But the Apple Valley traffic engineer said
dud add" mafficintheameansedfrom
said
On May LS, 1988, they submiaedapetition
ethe city to mmume the property The site was
zoned large la, single- family (R -IA) — a
designation put in place by Lebanon
be
city of Apple Valley, according to coy
records. In 1981, the city adopted a earn-
prelusive guide plan that designated the
property for mind residential uses. The pro-
posed Wsm1houe project far within this plan,
Wellington W.
On uuy20,1988, after the developers had
substantially changed their original plans to
33
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Spring
59
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Upper Prior
96
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156
Lower Prior
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PRIOR LAKE - SPRING LAKE WATERSHED DISTRICT
Regular Monthly Meeting
at
Scott -Rice Telephone Company
February 14, 1989
Members Present: Andrew Franklin, James Laabs, Ron Kroyer and Rick Adams
Members Absent: Marvin Oldenburg
X&VOW uRiawj
Staff Present: Don Benson, Bryce Huemoeller and PA4*w.:anen*
Others: Ken Misgen (Boudin's Bay), Horst Graser, Clarence Anderson,
Bruce Munsen (Gateway Shoris)
The meeting was called to order by Vice- President Andrew Franklin at 7:40
P.M.
Robert Adams signed the oath of office provided by attorney Huemoeller
becoming the newest member of the Board.
Minutes - After review and upon motion of Laabs, second of Kroyer, the
minutes�he January 10 general meeting were unanimously accepted.
Financial Report - Benson reviewed the financial report for the Board's
information�f e—r discussion a motion was made by Laabs, seconded by Kroyer, to
accept the financial report and authorize Benson to pay the bills noted thereon.
Unanimous. Benson noted that the Lower Minnesota contract was to be signed and
their Board had indicated that money was to be received by this District before
the next meeting.
Permit Applications - (a) Horst Graser /Homesite, Island View 2nd/ #88 -14-
District engineer La rson reviewed the permit application for extending the
shoreline and indicated that the effect on the lake would be minimal. He noted
that this work would improve the beach. After discussion a motion was made by
Laabs, seconded by Kroyer to grant Permit No. 88 -14, subject to DNR approval.
Unanimous.
(b) Gateway Bay Excavation / #88 -12. Bruce Munson was present to discuss
the project which was also reviewed by Larson. After discussion a motion was
made by Laabs, seconded by Adams, granting Permit #88 -12. Unanimous.
(c) New Public Access /North side of lake /DNR. Larson reviewed the
application from and to the D.N.R. An application is to be filed for
informational purposes. No action was taken by the Board.
data.
(d) Windsong - No action was taken pending the receipt of necessary
Lake Level Concern - (a) Benson expressed concern regarding the lake level
dropping 2.28" from November to January 31. Higher than normal January
temperatures were considered to cause higher evaporation.
(b) Benson reported that Duke Schrader had reported that Candy Cove
appeared to be leaking. The Board reviewed the bentonite layer procedure that
was used previously to deter leaking. After discussion a motion was made by
Laabs, seconded by Kroyer directing Benson to contact the City of Prior Lake to
consider isolating Candy Cove for the purpose of determining if Candy Cove is
leaking, the dirt barrier to be removed no later than ice out. Unanimous. The
District will assist the City in obtaining the necessary permit at a minimal
cost. A sign will be posted for snowmobiles. Measurements of Candy Cove will be
reviewed at the next general meeting. Benson was also directed to put an article
in the newspaper to inform the public of the purpose of this action.
Pump - Ken Misgen was present to express his concern with the low lake
level. informed him that the DNR had indicated that they would consider
the turning on of the pump this spring.
Financial Matters - (a) Annual Report. Benson had distributed copies of the
annual inancia report at the January meeting. Approval of the report was
tabled until the next meeting to allow Board members more time to review the
report.
(b) Request for Reimbursement. Benson reported that the Request for
Reimbursement for MPCA Phase I $7652.12 had been filed on January 17 and should
be received within the next 30 to 45 days.
(c) LMRWD Agreement. Copies of the agreement were distributed to the
Board members. The changes which had been made by this Board at the last
meeting, were accepted by Lower Minnesota and the agreement was submitted for
signing. After discussion a motion was made by Laabs, seconded by Kroyer,
approving the agreement and authorize signing. Unanimous.
(d) SCS Funding - Proposed fundii,g for Schedule A, B. and C was
addressed in a letter from SCS. Larson stated that it appeared that most
information requested in the letter had already been provided to SCS prior to the
receipt of the letter. Larson was directed to contact SCS to answer any
questions they might have and to determine what information, if any, still needs
to be supplied.
Outlet Maintenance Project 76 -4MB8 - (a) Benson noted that Shakopee approved
Sche u e in wrT ng. arson reported talking with the City of Shakopee
regarding Schedules A, B and C. He also noted that Sheryls Construction will
begin work the first of March and that a Notice to Proceed had been sent to them.
Construction is to be completed by May 1 and reconstruction by June 1.
(b) Status of Contractors - Mahoney contract to be signed.
(c) Schedules B and C. Valley Engineering is surveying the outlet
channel area and preparing easement documents.
Huemoeller reported that Valley Engineering was hired to do survey work
in Lucast /Reed /Hanson area which is needed to reroute the location of the
channel. He indicated that a cooperative effort with Shakopee is needed
regarding possible condemnation proceedings needed to acquire easements.
Annual Activity Report - Benson noted that progress has been made on the
reporT - b — y7 u - emoeller and Hickok.
Prior Lake Planning Conference - February 11. Benson reported attending the
conference were a spo e about major watershed environmental concerns rather
than recreational. He indicated that this was an informational meeting and
reviewed a list of environmental concerns which he submitted to the City of Prior
Lake.
Other - (a) Brochures. Benson distributed Amended Brochures which he
indices rwere also distributed to the City.
(b) Reed's Island Rock Wall. Benson reported that he had talked with
St.ankovich and DNR regarding the moving of rocks on Reed's Island. DNR indicated
that a permit was not required as long as the work done was for the purpose of
stabilizing the beach and controlling erosion with no encroachment into the lake
bed.
(c) City Lake Study Committee. Benson reported that a Lake Study
Committee was being formed and that a request had been made to have a member of
the Board become a part of the committee. The Board recommended Franklin.
Franklin reviewed the letter from City requesting a representative from the
Watershed Board and indicated that he will contact City Manager Unmacht, to get
more details.
(d) Time Line. Larson distributed a construction time line and
reviewed it for the Board's information. Manager Adams requested a copy of the
draft of the hydrologic model. It had been distributed to the other managers
previously.
There being no further business and upon motion of Laabs, second of Kroyer,
the meeting was adjourned at 10:10 P.M.
m7 e�taa s, cre ary
Attest to:
ary n r r en
0-/)
PLANNING COMMISSION
AGENDA
APRIL 20, 1989
7:30 P.M. CALL TO ORDER
7:30 P.M. REVIEW MINUTES OF PREVIOUS MEETING
7:35 P.M. HEARING VARIANCE JOHN POMAVILLE
4629 Dakota St. S.E., Prior Cake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
PLANNING COMMISSION
MINUTES
APRIL 6, 1989
The April 6, 1989, Prior Lake Planning Commission was called to
order at 7:30 P.M. by Chairman Wells. Present were Commissioners
Loftus, Arnold, Wells, Director of Planning Horst Graser,
Assistant City Planner Deb Garross and Planning Intern Gary
Schmitz. Commissioner Kedrowski arrived at 7:40 and Commissioner
Roseth arrived at 9:04 P.M.
ITEM I - REVIEW MINUTES OF PREVIOUS MEETING
Commissioner Loftus questioned motion on John Meyer variance.
Commissioner Wells felt the rational should be included in the
motion. Rational being that it would be detrimental to the
health and welfare of the general public to grant the variance as
requested therefore a 50' variance be granted instead of 54 1 .
MOTION BY LOFTUS, SECOND BY ARNOLD TO ACCEPT THE AMENDMENT TO THE
MARCH 16, 1989, PLANNING COMMISSION MINUTES AS STATED.
Vote taken signified ayes. MOTION CARRIED.
ITEM II HEARING - LAKESHORE VARIANCE - PETER F. KUEHN
7:35 P.M. - Peter Kuehn, 3198 Linden Circle N.W. Prior Lake,
stated he would like to enclose the present deck area in order to
enlarge the rooms and add a deck for a walk way thus requiring a
55.8' Lakeshore and 5' side yard variance.
Planning Intern, Gary Schmitz, presented a staff report as per
memo dated April 6, 1989, and indicated that the Kuehn residence
is built within 23 feet of the 904 contour line. Staff
recommended denial of the 55.8' Lakeshore variance and approval
of the 5 1 sideyard variance.
Gregory Schweich, 14804 Autumn Place, Burnsville, MN, friend of
applicant reported on other variances that had been granted.
Kay Sutliff supported the applicants request and felt that
construction was not possible without variances.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 I Ph. (612) 4474230 I Fax(612)447-4245
PLANNING COMMISSION MEETING APRIL 6, 1989 PAGE 2
Letters from the following were read into the record voicing
their agreement with the construction and variances.
4/5/89 - Richard Wilfond, Lota 53 & 54 Linden Circle NW.
4/6/89 - Calvin & Marjorie Ells, 3186 Linden Circle NW.
4/3/89 - Dean & Linda Kay Sutliff, 3162 Linden Circle NW.
3/30/89 - Harry & Leslie Maudsley, 3189 Linden Circle NW.
Comments by the Commissioners were on the lot size, elevation,
alternate plans considered, closeness to the lake, and type of
construction proposed.
Commissioner Kedrowski questioned the information presented by
Mr. Schweich in regard to other variances that were granted. Ms.
Garross reported that since Lakeshore Management began, variances
have not been granted for construction closer- than- 50.-feet e
9DV e6ntOUr'3 - inE: Ll � i- _,,,a � -c+
MOTION BY LOFTUS, SECOND BY KEDROWSKI, TO ACT FAVORABLY TO GRANT
A 5 SIDE YARD VARIANCE FOR THE WEST SIDE AT 3198 LINDEN CIRCLE
N.W. AS IT WILL NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE OF
THE COMMUNITY.
Vote taken signified ayes. MOTION CARRIED.
MOTION BY LOFTUS, SECOND BY ARNOLD, TO DENY A 55.8 LAKESHORE
VARIANCE FOR 3198 LINDEN CIRCLE N.W. RATIONALE BEING THAT IT
WOULD BE AN EXTREME VARIANCE, WOULD DEVIATE FROM PAST PRECEDENT
AND THAT THE VARIANCE D,y-NOT OBSERVE THE SPIRIT OF THE SHOR_ELAND
ORDINANCE. ( cu o.<<N��Ya.11 '- .", ,- ,k(", -3
7
Vote taken signified ayes. MOTION CARRIED.
Chairman Wells advised the applicant that he has the option to
appeal the decision to the City Council.
ITEM II HEARING - LAKESHORE VARIANCE - RICHARD K. ODLAND
8:25 P.M. Richard Odland, 5442 Woodlawn Circle S.E., Prior Lake,
MN, stated that he owns the cabin on Lot 60, Twin Isle, Prior
Lake, and does use the cabin quite extensively in the summer.
Because of that he wishes to add an additional 12' deck area to
the existing deck, requiring a 49' lakeshore variance.
Ms. Garross stated the information on the variance application as
per memo dated April 6, 1989.
Consensus from the Commissioners was that they felt the deck
should be built on the south side and not expand beyond the
existing deck.
PLANNING COMMISSION MEETING APRIL 6, 1989 PAGE 3
MOTION BY ARNOLD, SECOND BY KEDROWSKI, TO DENY THE REQUEST FOR A
49' LAKESHORE VARIANCE FOR LOT 60 TWIN ISLE BECAUSE THERE HAS
BEEN NO HARDSHIP DEMONSTRATED IN THIS REQUEST AND FROM THE
INFORMATION THAT RAS BEEN PRESENTED TO THE COMMISSIONERS, THERE
SEEMS TO BE OTHER DESIGN OPTIONS AVAILABLE.
Vote taken signified ayes. MOTION CARRIED.
Chairman Wells explained to Mr. Odland the option to appeal the
Planning Commission's decision to the City council or reapply
with a different variance.
Commissioner Kedrowski asked Mr. Graser the appropriate way to
handle violations.
Chairman Wells recognized Intern Gary Schmitz for his
efforts on his presentation.
MOTION BY ARNOLD, SECOND BY KEDROWSKI, MOTION TO ADJOURN.
Vote taken signified ayes. MOTION CARRIED.
Meeting adjourned at 9:05 P.M.
*Tape of meeting available at City Hall.
Horst Graser Rita M. Schewe
Director of Planning Recording Secretary
NOTICE OF PUBLIC HEARING
FOR
LAKESHORE AND SIDEYARD VARIANCE
You are hereby notified that a public hearing will be held by the
Planning Commission in the Prior Lake Council Chambers at 4629
Dakota Street S.E. on:
THURSDAY, APRIL 20, 1989 at 7:35 P.M.
PURPOSE OF HEARING To consider a variance application
for John Pomaville.
SUBJECT SITE LOCATION 14500 Shady Beach Trail
Part of Lot 11, Shady Beach No. 2.
REQUESTED ACTION The applicant is requesting a 57'
lakeshore variance and 5' south
sideyard variance in order to locate
decks as indicated on the attached
survey.
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 Planninq Commission. For more information, contact the
Prior Lake Planning Department at 447 -4230.
Prior Lake Planning commission
APRIL 14, 1989
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
"VA07PC"
PLANNING REPORT
SUBJECT LAKESHORE AND SIDE YARD VARIANCE
APPLICANT JOHN POMAVILLE
SITE: 14500 SHADY BEACH TRAIL
DATE: APRIL 20, 1989
INTRODUCTION•
T e Panning Department has received an application from John
Pomaville requesting a 57 foot lakeshore and 5 foot south side
yard variance. The subject site is zoned R -1 /S -D and is located
at the end of Shady Beach Trail. See attached application and
pictures for further reference to the site.
BACKGROUND:
T e su 7ect site was first inspected on February 23, 1989 when
it was noted that several decks and a trellis were built without
permits and were at variance with both lakeshore and sideyard
setback requirements. The Building Official posted a "stop work"
order approximately one week following the initial inspection
however, workers were found finishing the railing system on the
second story deck after the "stop work" order had been posted.
The pictures included with this agenda were taken at the initial
inspection of the property. The pictures indicate a stairway
which was built below the 904 and a series of deck, and
platforms. One of the decks on the northeast side of the home
was in violation of the 75 foot setback requirement however, it
has since been lowered and falls within the definition of
platform and is no longer subject to setback requirements. In
addition, the stairway leading into the lake bed has been
removed. The applicant proposes, in his application, to remove
five feet of the trellis and part of the second story deck in
order that its closest point to the 904 be consistent with the
existing setback of the house.
STAFF ANALYSIS:
The existing two story home is the result of a cabin remodel and
is located at variance with the lakeshore setback requirement.
The northeast corner of the home is located eighteen feet from
the 904 contour. Staff would not object to the granting of the
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax(612)4474245
57 foot lakeshore variance for the second story deck since it
will not encroach farther toward the 904 than the existing home.
Staff has received comments from two individuals who oppose the
location of the side yard trellis. Attached is a letter from
Frank Miller of 14496 Shady Beach Trail which expresses his
concern about the trellis. The two homes are located within
relatively close proximity which is illustrated by the attached
pictures. Mr. Miller is concerned that the trellis exacerbates
the situation and makes the space between the homes appear even
smaller. Staff would not object to the granting of a 5 foot side
yard variance for the trellis due to the substandard size and
irregular shape of the lot. However, comments from affected
neighbors should be evaluated by the Planning commission.
RECOMMENDATION•
Staff does t object to the granting of the 57 lakeshore
variance since the second story deck will not encroach upon the
904 further than the existing home. The side yard variance is
objectionable to neighbors however, staff is not opposed to a
five foot variance considering the unique characteristics of the
subject site. The recommendation from the Department of Natural
Resources is to deny the variance due to the increased amount of
impervious surface and lack of demonstratated hardship.
•
y ti r a• •• ;.-
cants Ph one: m3G S
ss: /Jw� s e c E• Work Phone: it SSS �
rty Owners 73- — Ra_me Phone;
as: /4 0 vsd� Work Phone:
of Ownership: Fee__ Contract _ Purchase Agreement
Existing Use
of Property:_ SIYI(.,/ ,C iL;/ hLil g gil , �a 4 P resent Zoning:
Proposed Use
of Property:
Legal Description
of Variance Site:_
Variance
Has the applicant previously sought to plat, rezone, obtain as variance or conditional
use permit on the subject site or any part of it7 d es
What was requested:
When: D isposition:
Describe the .type of improvgments proepsed: flegA7&egTueAL T o.Pe ✓G,r�s
(A)Completed application form. (Wiling fee (C)Certified from abstract firm, names
and addresses of property owners within 100 feet of the exterior boundaries of the
subject property. (D)Complete legal description a Property Identification Number
(PID). (E)Deed restrictions, if applicable. (F)An area map at 1"200' available
from the City Engineering Section showing: existing topography, utilities, lot
boundaries, building easements and soil test data if pertinent within 300 feet.
(G)A parcel map at 1 20' -50' showing: The site development plan, buildings:
parking, loading, access, surface drainage, landscaping and utility service.
ONLY CCIFULETE APPLICATIONS SHALL BE REVIUWW BY THE FLAMM OO SSION.
To the best of my knowledge the information presented an this form is correct. In
addition, I have read Section 7.6 of the P r io �oni which specifies
requirements for variance procedures. I agr t row �inf tion and follow the
procedures as outlined in the Ordinance.
d icon a Signature
Submitted this �Y of ,[��
Fee Owners Signature
"HIS SPACE If TO BE FILLFD OUT BY THE FLM M DIRSCPOR
CDWITICNS:
Signature of the Planning Director Date
ne. 114 /M1M1
DELMAR H. SCHWANZ
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STATE OF
DEPARTMENT OF NATURAL RESOURCES
METRO REGION WATERS - 1200 WARNER ROAD, ST
PNONENO. 296 -7523
April 17, 1989
Ms, Deb Garrose, Assistant Planner
City of Prior Lake
4629 Dakota St. SE
Prior Lake, MN 55372
RE: POMAVILLE DECK VARIANCE
Dear Ms. Garross:
�F
Please accept the following comments for the record at the public
hearing on April 20th and any subsequent meetings.
The request for variance should be denied. There is already a
considerable amount of impervious surface on this parcel, as
evidenced by the concrete and existing decks. Adding additional
impervious area by decks and sun roofs only exacerbates the
situation.
In addition, it seems the owner would be hard pressed to argue that
another deck will meet the test of hardship. There already is
reasonable use of the property. Denial of this request will not
prevent this owner from enjoying the same rights as his neighbors.
Given the relatively small lot size and the relatively large
footprint of the existing improvements, additional structures would
be excessive.
Thank you for the opportunity to provide these comments. If you or
the applicant have any questions regarding this matter, please
contact me at 296 -7523.
�
//, � A �
Mike Mueller
Area Hydrologist
MM287:kap
M1NNE5ofA
1990
PAUL, MN 55106 1
FILE NO.
AN EQUAL OPPORTUNITY EMPLOYER
CITY OF PRIOR LAKE
March 3, 1989
John Pomaville
14500 Shady Beach N.E.
Prior Lake, MN 55372
Dear Mr. Pomaville,
This letter is in regard to the recently constructed deck located
at 14500 Shady Beach Trail. Section 5 -4 -1 paragraph B of the
Prior Lake Zoning code requires all structures to be built in
compliance with existing setback requirements. The setback
requirements for Lot 11, Shady Beach 2nd Addition are as
follows:
1. 75 foot lakeshore setback measures from 904 contour.
2. 10 foot sideyard setback.
3. 25 foot front yard setback.
The survey submitted with your building permit is deficient. The
survey must show the 904 contour, lot area, location of existing
buildings and be signed by a surveyor registered with the state
of Minnesota. The drawing submitted by you indicates that the
deck is in clear violation of the 75' Lakeshore setback. Be
advised that the City of Prior Lake will not allow construction
which is in violation of the law. In this case, you have two
options available to rectify the situation.
1. Remove the deck.
2. Apply to the City of Prior Lake for a variance to the
lakeshore's setback requirements.
It is my suggestion that you promptly apply for a variance. The
application form and submittal requirements are enclosed.
Monday, April 3, 1989, has been established as the date of
complaince whereby the deck must be removed. The date will be
enforced in the event that no variance application is submitted.
If you have questions regarding this matter, contact me at
447 -4230. 1 trust that you will take whichever action is
necessary to resolve this problem.
S,, ii�ncer/el�y�,
Deb Garross
Assistant City Planner
DG:rms
enclosures:
(612) 447.4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372
March 27, 1989
John Pomaville
14500 Shady Beach
Prior Lake, MN 55372
Dear Mr. Pomaville,
CITY OF PRIOR LAKE
This letter is in regards to the survey which was submitted with
your building permit application, to add a deck to the northerly
side of the home located at 14500 Shady Beach Trail.
It is my understanding that you wish to pursue a variance in
order to rectify the situation of the non - conforming deck. Be
advised that the City will require that an accurate survey be
submitted which indicates the 904 contour line, lot area,
location of the existing home, decks and platforms, and the
location of the proposed deck and distance of the deck to the 904
contour line. The survey submitted does not show the
aforementioned information and is therefore unacceptable. My
recommendation is that you contact a registered land surveyor and
request that your survey be amended to show all of the
information outlined in this letter.
The compliance date for action pertaining to the deck is April 3,
1989. Please contact myself, or Horst Graser to indicate your
plan of action. The compliance date can be extended to
accommodate the variance process.
If you have any questions regarding this matter, contact the
Planning Department at 447 -4230.
Sincerely
Deb Garross
Assistant City Planner
City of Prior Lake
DG:rms
enclosure:
(812) 447.4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372
April 18, 1989
144 Shadv Beach Trail N E
Prior Lake, NN 55372
Mr. 11orst Craser
Prior Lake Planning Comm.
4629 Dakota Street S E
Prior Lake, ML 55377
Dear Mr. Craser:
I am writing this letter as you consider the request of a variance
application of John Pomaville whose property is next to mine.
We were gone in a winter vacation and we were unaware of the roof
trellis that Mr. Pomaville built that extends on our property line.
If I would hive been home I would have questioned this roof trellis
as it was bring built to save the problem that presently exists.
When we purchased our home in 1980 the screen porch was already
built and this structure is in violation of city code by being too
close to our property line. The addition of this roof trellis
further makes our lot and property loot: smaller thus reducing its
value and appearance.
I dislike having to write this letter as my wife and I desire to
have a friendly relationship with all of our neighbors but I strongly
feel that the roof trellis depreciates the value and apperance of our
property and is in violation of city code.
Sincerely,
Frank J�Ttiller
�E19 Qii11tt�i ll� a ° - vc
, L -1 0 11931}
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