HomeMy WebLinkAbout6B - Woodridge Estates 4th
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
DISCUSSION:
ISSUES:
STAFF AGENDA REPORT
6B
DEB GARROSS, DRC COORDINATOR
CONSIDER APPROVAL OF THE PRELIMINARY PLAT AND
VARIANCE FOR WOODRIDGE ESTATES FOURTH
ADDITION.
FEBRUARY 5, 1996
The purpose of this item is to continue discussion of the
preliminary plat and variance for the project known as
Woodridge Estates Fourth Addition. The discussion is
continued from the January 16, 1996 meeting. See attached
staff report for reference to this item.
On January 16, 1996, the Council directed the City Attorney to
review Subdivision Ordinance 87-10, Section 6-3-1 B, in order
to determine whether the Abbreviated Subdivision process
allows an applicant to seek and get variances from the
requirements of the Zoning Code.
City Attorney, Thomas Barrett reviewed the issue and
concluded variances can be granted via the Abbreviated
Subdivision process outlined in the Ordinance. The opinion is
based upon the Ordinance language and previous Council
actions to consider variance applications with Abbreviated
Subdivisions. See attached memo from Thomas Barrett dated
January 23, 1996 for reference to this issue.
From a procedural perspective, if it is the intent of the Council
to change the Subdivision Ordinance to specify plats with
variances be reviewed by the Planning Commission, a motion
to direct Staff to prepare a Subdivision Ordinance amendment
is in order.
The purpose of the Abbreviated Subdivision process was to
allow small subdivisions which do not require installation of
streets and utilities, to forego one meeting, thus reducing the
amount of time required to process a simple subdivision. The
only thing which sets an Abbreviated Subdivision apart from a
Standard Subdivision is that the process can be shortened by
approximately 2 to 3 weeks. All Abbreviated Subdivision
submittal requirements and review data are identical to the
WOOD4Cl.DOC
16200 ~le Creek Ave. S.L Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQL:AL OPPORTUNITY EMPLOYER
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Standard Subdivision Process.
ALTERNATIVES:
1. Adopt Resolution 96-04 approving the preliminary plat of
Wood ridge Estates 4th Addition and approving the 56' lot
width variances form proposed Lots 2 and 3, subject to
conditions.
2. Deny the preliminary plat finding it inconsistent with
specific provisions of the Zoning and/or Subdivision
Ordinance and Comprehensive Plan.
RECOMMENDATION: Adopt Alternative #1.
ACTION REQUIRED: A motion to adopt Resolution 96-04 as presented or with
changes directed by the 'ty Council
yles, City Manager
WOOD4C I.DOC
DG
.. TH ... y? .,.
RESOLUTION 96-04
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL TO APPROVE THE
PRELIMINARY PLAT OF "WOODRIDGE ESTATES FOURTH ADDITION "AND
SETTING FORTH CONDITIONS OF PRELIMINARY PLAT APPROVAL.
MOTION BY: SECOND BY:
WHEREAS: the Prior Lake City Council conducted a public hearing on January 16, 1996 to consider
the abbreviated subdivision of "Woodridge Estates Fourth Addition" a preliminary
plat, according to the provisions of Subdivision Ordinance 87-10, Section 6-3-1; and
WHEREAS: notice of the proposed preliminary plat and lot width variances were published and
posted in accordance with MS 462.358, Subd. 3b and Subdivision Ordinance 87-10;
and
WHEREAS: the public hearing was continued to February 5, 1996; and
WHEREAS: persons interested in said public hearing were afforded the opportunity to present their
views related to the preliminary plat and lot width variances; and
WHEREAS: the City Council approved the preliminary plat of Woodridge Estates on September 3,
1991, indicating seven, 10,000 square foot single family lots to be developed on the
subject site following filling of the existing wetland; and
WHEREAS: the subject site was not developed within two years of preliminary plat approval and
therefore is subject to the current Wetland Conservation Act, Zoning and Subdivision
Ordinances; and
WHEREAS: substantial physical activity and investment have occurred in reasonable reliance on the
approved preliminary plat of Woodridge Estates and the current applicant, who is not
the original developer, has redesigned the site to create three lots consistent with
current Zoning standards with the exception of 86' lot width for proposed Lots 2 and 3;
and
WHEREAS: strict application of current Zoning Ordinance standards to the remaining part of the
subdivision of W oodridge Estates would create an excessively large lot, (41,750 square
feet) which would be out of character with other approved lots within the subdivision;
and
WHEREAS: Subdivision Ordinance 87-10, Section 6-9-1 allows the City Council to grant a variance
in a particular case where the subdivider can show by reason of exceptional topography
or any other exceptional and undue hardship, provided such relief may be granted
without detriment to the public welfare and without impairing the intent and purpose of
the Subdivision Ordinance; and
WHEREAS: the City Council finds the preliminary plat of "Woodridge Estates Fourth Addition" is
RS9604. DOC
16200 B~~~ek Ave. S.L Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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in substantial compliance with the approved preliminary plat of "Woodridge Estates."
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PRIOR LAKE, MINNESOTA, that it should and hereby does approve the preliminary plat of
"Woodridge Estates Fourth Addition" subject to the following conditions:
1. The overflow elevation of the wetland needs to be verified and shown on the final grading plan.
Calculations should also be submitted showing what the 100-year flood elevation will be in the
wetland around Lots 1-3. (If it is higher than the 998.0 as shown, it may have an impact on the pad
elevations and the easement boundary.)
2. The developer and builders will be required to maintain a 30' buffer strip of undisturbed vegetation
along the edge of the existing wetland.
3. A conservation easement over the 30' of land adjacent to the wetland shall be filed at the time of fmal
plat in order to maintain the vegetation buffer strip along the edge of the wetland.
4. If the invert elevations of the sewer service stubs for Lots 2 and 3 are not deep enough to serve the
proposed houses, then the developer or builder will be required to provide a privately maintained
grinder pump to be constructed with the proposed houses.
5. The cleanouts shall be included every 90' on the sewer service lines on Lots 2 and 3.
6. The final grading plans should be amended to indicate which lots shall be custom graded, the type of
house to be constructed (walkout, rambler, etc.), and the elevations of the proposed houses.
7. A schedule of anticipated construction activity dates should be submitted.
8. Topography should be shown 200' east of the preliminary plat subject site as required by the
Subdivision Ordinance.
9. The final plat shall dedicate a drainage and utility easement over the wetland up to the 100 year HWL.
Passed and adopted this 5th day of February, 1996.
YES
NO
ANDREN
GREENFIELD
KEDROWSKI
MADER
SCHENCK
ANDREN
GREENFIELD
KEDROWSKI
MADER
SCHENCK
Frank Boyles, City Manager
City of Prior Lake
{Seal}
RS9604DOC
Deb Garross
FROM POPHAM HArK
1.24.1996
9: 21
P. 2
POPHAM I-lAIK MEMORANDUM
3300 Piper Iaffray Tower
222 South Ninth Street
MlDneapolls. Minnesota 55402
(612) 333-4800
RE:
Don Rye
Thomas B.r~
Abbr~viaLed Subdivision Process
TO:
FROM:
DATE:
January 23, ] 996
Don, you have asked for my opinion on tht: interpretation of 6-3-1 B. The question is
whether the subsection allows an applicant for an abbreviated subdivision to seek and get
vafiances from the requirements of the zoning code.
The subsection provides:
"All lots must conform to applicable Zoning Ordinance requirements unless
Lht:rt: is a specific exception as set forth in the Zoning Ordinance requirements.
( Ord. 93-15, 6-21-93)"
I conc1udt: that tht: provision allows variances to the code because the variance
provisions of the Zoning Code are a specific exception to thr:: Code, The variance provisions
must bc met, of course. I have considered the addition of the languagt: "Ord. 93-15,6-21-93"
to Lht: subsection, Although there is an argument that this twin home exception is meant to
.be the only exception alluwr::u, I would 1'aU1C1' conclude that it is j)]ustraLive of the type of
exception, rather than ao exclusive exception.
I am buttressed in this by two other arguments based on evidence outside the text of
the subsection. First, administrative subdivisions can include variances, and those kinds of
subdivisions are accomplished with a low level of public scrutiny. Secondly, Prior Lake has
granted variances five time::s in the years since 1993 to persons who have applied for
abbreviated subdivision proccss set uut in 6-3-]. I believe a court would grant great weight to
the course of actual inrerpn:taliun. If the slaff 01' Counsel wish to reverse this interpretation,
the best course would be to amend the ordinance [Q simply statt: that abbreviated subdivisions
may be e::mploycd only when no variances to the Zoning Code are requested.
Finally, if the Counst:l wuuld lik.e the Pla.nning Commission to comment on this
subdivision, it can ~ertainly refcr tile matter to the Commission for its review and comment.
08212210686:5 1123196
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LIST OF ABBREVIATED SUBDIVISIONS WITH VARIANCES
CONSIDERED BY CITY COUNCIL
1. 5/17/93 Lakefront Woods Front yard setback variances with plat.
2. 12/20/93 Red Oaks 2nd Addn. Setback, lot width & lakeshore variances with plat.
3. 4/5/93 R & C First Addn. Lot Area and width variances with plat.
4. 8/2/93 The Echo's Cul-de-sac length vanance with subdivision.
Application withdrawn by applicant.
5. 12-4-95 Elmer & Richard Lot width variance with plat.
Addn.
6. 1/2/96 W oodridge Estates 4th Lot width variance with plat.
Addition
LIST OF ADMINISTRATIVE LAND DIVISIONS WITH VARIANCES
CONSIDERED BY THE CITY COUNCIL
1. 5/2/88 Ken Hedberg Lot area and width variance with plat.
2. 6/20/88 Sandra Breeggemann Lot width and area variance with plat.
3. 8/15/88 Bob Paschke Lot width and area variance with plat.
4. 5/3/89 Ronald Clark Lot width variance with plat.
5. 10/16/89 Cecil Bungart Lot area, setback and width variance with plat.
6. 4/2/90 Stanly Van Drashek Lot width variance with plat.
7. 5/7/90 Grant Leanord Lot width variance with plat.
8. 6/5/91 Jim Dunn Lot width and area variance with plat.
9. 1/20/92 Harold Gustafson Lot area, setback and width variance with plat.
10. 1/21/92 Harold Gustafson Lot area variance with plat.
11. 3/13/92 John Mahoney Lot width variance with plat.
12. 3/16/92 Jeanne Robbins Lot width variance with plat.
13. 6/21/93 Margaret Conroy Lot width and area variance with plat.
14. 12/20/93 Ken Lillyblad Lot width variance with plat.
15. 2/7 /94 Brad & Tina King Lot width and area variance with plat.
16. 4/18/94 John Simpson Lot area variance with plat.
17. 5/16/94 Mark McQuillen Lot area and width variance with plat.
18. 8/15/94 Suzanne Kruse Lot width variance with plat.
19. 4/3/95 Lawrence Schommer Lot width and area variance with plat.
20. 10/2/95 Delores Hayes Lot width and area variance with plat.
21. 10/2/95 Thomas Sylvester Lot width and area variance with plat.
MEMOIDOC
DG
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
DISCUSSION:
STAFF AGENDA REPORT
6B
DEB GARROSS, DRC COORDINATOR
CONDUCT PUBLIC HEA~NG FOR PROPOSED
PRELIMINARY PLAT OF WOODRIDGE ESTATES FOURTH
ADDITION.
JANUARY 16,1996
The purpose of this item is to consider the preliminary plat and
lot width variances for Wood ridge Estates Fourth Addition. The
developer, Brink Land Company LLC, will be represented by
John Mesenbrink. See attached maps and information for
reference to this item.
The City Council approved the preliminary plat of Woodridge
Estates in September 1991. A copy of the approved
preliminary plat is attached. The subject site consists of
approximately 1.4 acres located in the southeast part of the
approved preliminary plat. The preliminary plat indicates seven
lots, containing approximately 10,000 square feet of lot area
and a cul-de-sac were to be developed.
The preliminary plat was approved during implementation of
the interim 1991 Wetland Conservation Act rules. A
preliminary plat is valid for two years following the approval
date. Since the final plat for the subject site was not submitted
within the two year time frame, the site is subject to current
Ordinance requirements and the Wetland Conservation Act.
There is a wetland on the subject site which was planned to be
filled in order to develop the lots and cul-de-sac. The
permanent Wetland Conservation Act Rules do not permit
filling of the wetland. Therefore, the applicant has filed a new
preliminary plat for the subject site which is consistent with the
Wetland Conservation Act.
The proposed preliminary plat indicates a three lot, single
family subdivision. Due to the existence of the wetland and the
fact that adjacent lots have been subdivided, developed and all
streets and infrastructure constructed, the applicant has filed a
lot width variance for proposed Lots 2 and 3. The property can
be subdivided into three lots which exceed all Zoning
WOOD4CC.DOC
16200 ~le Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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Ordinance requirements with the exception of lot width,
measured at the 25' front setback line. The preliminary plat
indicates three lots, all in excess of 12,000 square feet. The
applicant requests the Council to grant 56' lot width variances
for proposed Lots 2 and 3 to allow the lots to be platted with lot
widths of 30' each instead of the required 86' lot width
requirement.
Sanitary sewer and water services were provided to the three
lots with the Woodridge Estates Third Addition. The elevation
of the sanitary sewer in Ridgewood Court may not be deep
enough to serve the proposed houses on Lots 2 and 3 by
gravity service. If the sanitary sewer is not deep enough, then
a privately maintained grinder pump will be required to be
constructed with the proposed houses.
Street access will be provided to the lots from Ridgewood
Court, which was constructed by the same developer during
the fall of 1995. Each lot will have its own driveway that will
connect to Ridgewood Court.
The developer has decided to leave these three lots as custom
graded lots to be done by the builder. This approach has
allowed the vegetation to remain on the site until the proposed
houses will be constructed. The developer and builders will be
required to maintain a 30' buffer strip of undisturbed vegetation
along the edge of the existing wetland.
The preliminary plat indicates sufficiently sized building
envelopes for each of the three proposed lots. The Subdivision
Ordinance allows the City Council to grant a variance in a
particular case where the subdivider can show by reasons of
exceptional topography, (the wetland) or any other exceptional
and undue hardship, (the rest of the Woodridge Estates
neighborhood has been developed and the layout and design
established by construction of the roads and platting of
adjacent lots). The variance may only be granted if relief from
the strict application of the Ordinance is not detrimental to the
public welfare and without impairing the intent and purpose of
the Subdivision Ordinance.
It is the opinion of staff granting the lot width variances in this
case will not be detrimental to the public welfare nor would the
intent and purpose of the Subdivision Ordinance be impaired.
The circumstance is unique due to the physical property and
the fact the preliminary plat design was approved at a time
when the wetland could be filled. The preliminary plat of
Woodridge Estates Fourth Addition is substantially consistent
with the preliminary plat of Woodridge Estates. The lot sizes
WOOD4CC.DOC
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proposed are somewhat larger than others within the
subdivision however, the difference is negligible. Strict
application of the Ordinance would require the platting of a lot
over 1 acre in size which would be substantially different than
other lots within the neighborhood.
The preliminary plat has been reviewed according to the
applicable provisions of the Subdivision and Zoning Ordinance.
Notification of the public hearing was mailed to properties
located within 500' of the subject site, utility companies, and
Scott County. The City has received no objection to the
preliminary plat as proposed.
The Engineering Department reviewed the proposed
preliminary plat and recommends approval subject to the
conditions outlined in attached Resolution 96-04.
ALTERNATIVES:
1. Adopt Resolution 96-04 approving the preliminary plat of
Woodridge Estates 4th Addition and approving the 56' lot
width variances for proposed Lots 2 and 3, subject to
conditions.
2. Continue or table the public hearing for specific
information or reasons identified by the City Council.
3. Deny the preliminary plat finding it inconsistent with
specific provisions of the Zoning and/or Subdivision
Ordinance and Comprehensive Plan.
RECOMMENDATION: Adopt Alternative #1.
ACTION REQUIRED: A motion to adopt Resolution 96-04 as presented or with
changes directed by the City Council.
A motion to close the public hearing.
Reviewed By: Frank Boyles, City Manager
WOOD4CC.DOC
DG