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HomeMy WebLinkAbout6A Land Division & VarianceAGENDA NUMBER: PREPARED BY: SUBJEC~ DATE: GINA MITCI~,LI,, ASSOCIATE CITY PLANNER TO CONSIDER AN ADMINISTRATIVE LAND DMSION AND VARIANCE APPLICATION FOR BRAD AND TINA KING FEBRUARY 7, 1994 INTRODUCTION: The Planning Department has received an Administrative Land Division and Variance application from Brad and Tina King of 5500 Cedarwood Street NE, Prior Lake. The applicants propose to resubdivide Lot 12, and the north 40' of Lot 13, together with all the vacated portion of Beach Drive lying adjacent to the described lots, Block 7 Grainwood, to create two tracts as per attached survey and complete legal description. The applications have been f~led pursuant to Section 6-1-3: Administrative Land Division process, outlined in the Prior Lake Subdivision Ordinance 87-10. A Variance application has been filed with the Administrative Land Division, requesting six variances for lot width and area for each proposed Tract. The specific variances for Tracts A and B are: TRACT A: · 5' lakeshore lot width variance (measured at the 904' contour of Prior Lake) from the 75' lakeshore lot width requirement. · 20' lakeshore lot width variance (measured at the front setback line) from the 90' lakeshore lot width requirement. · 1,790 square foot lake. shore lot area variance from the 15,000 square foot lakeshore lot area requirement. TRACT B: · 5' lakeshore lot width variance (measured at the 904' contour of Prior Lake) from the 75' lakeshore lot width requirement. · 20' lakeshore lot width variance (measured at the front setback line) from the 90' lakeshore lot width requirement. · 1,903 square foot lakeshore lot area variance from the 15,000 square foot lakeshore lot area requirement. BACKGROUND: The subject site is 140' wide and approximately 188' deep with an existing cabin on it. It is located on the Grainwood peninsula which was platted in 1885. The original plat dedicated Beach Street to the public. It was located adjacent to the lakeshore. This unimproved road was 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY F_.~PLOYER DISCUSSION: vacated by the City in 1978, and the land that the road was contiguous to became part of the adjacent lots. The subject site gained approximately 6,300 square feet through the vacation of Beach Street. Almost all of the lots in thi~ subdivision have private driveway access to County Road 21. The access that is provided to this site is a gravel drive by meAn~ of an easement over Lot 11, Block 7 Grainwood, to Wagon Bridge Circle. The Subdivision Ordinance requires ail new lots to front on a public road. A private road may be permitted if approved by the Council or if it is within a Planned Unit Development. However, staff suggests that the Council consider upgrading Grainwood Trail from a private road to a public road which would extend over the existing easement located in the front yard of the lakeshore lots. Thi~ would organize and con/me vehicular access of this peninsula to one or two intersections. The Grainwood penln~ula is zoned R-2, Suburban Residential. The lots adjacent to the lake are of varying size and use. To the south of the applicant's property are Gro__inwood West Townhomes and the Prior Lake Marina. There are also townhome units on the north end of this peninsula which are adjacent to three fairly large, new single family homes. The remaining development along the lakeshore between the applicant's cabin and the newer homes are three small cabins. Please see attached maps for specific locations. The topography of the peninsula is relatively fiat. The area where Beach Street was is approximately 8.5' lower than the remaining portion of the Grainwood plat, and does not represent a development constraint to this parcel. There are also a variety of mature trees surrounding the applicant's site. Staff has reviewed this application and submitted the proposal to the DNR, utility companies, and neighbors within one hundred feet of the subject site. Staff has received objections from the DNR and some of the adjacent property owners. The DNR has reviewed the proposal, and strongly objects to the creation of lots that do not conform to required size and width standards. Shoreland rules encourage, and at times require combination of substandard lots in common ownership. The DNR states that this proposal is entirely contrary to good shoreland management, and the City's standards and policies. The Engineering Department has reviewed the proposal and has indicated several inadequacies. The gravel driveway which provides access to the existing parcel does not have access to a public road, and no doc~mentation has been provided to identify the exact location or the width of the easement. Access for Parcel B has not been indicated in the proposal. Should the Council wish to approve the application, sufficient documentation will need to be provided, acceptable to the City Attorney, and minimum standards should be developed for the private road, acceptable to the City Engineer. Water and sewer stubs are serving the existing cabin, however there are no stubs serving proposed Parcel B, and they will have to be installed by tapping the mains in the utility easement which runs across the front 30' of the site. All expenses associated with this installation will be the responsibility of the property owner, and will be collected on the building permit application. Traffic on County Road 21 is projected to be 25,000 cars a day by the year 2010. This is comparable to 1.75 times the omount of traffic that exists today on County Road 83 by Mystic Lake Casino. An internal public road should be constructed to eliminate direct access, however no neighborhood support exists today for that. In the event that the existing utility easement located in the front yard of the site is dedicated as public right-of-way, a 25' front yard setback should be required now on both parcels, measured from the west line of the 30' utility easement. A grading and drainage plan must also be submitted that will adequately convey storm water to Prior Lake through easements. A drainage and utility easement must be dedicated adjacent to the side lot lines of this plat. Please see attached memos from Larry Anderson and Verlyn Raaen for supporting analysis. Ralph Teschner, Finance Director has reviewed the proposal, and stated that the development fees of $512.30 for Collector Street Fees be collected as a condition of approval of the Administrative Land Division. Bill Mangan, Director of Parks has stated that there is no Park Dedication required since it is a previously platted lot. Please see attached memos for supporting analysis. Three letters have been received from adjacent property owners objecting the proposal. Issues of objection include: increasing the density, decreasing the value of the development in the area because of the necessity of smaller homes, and msin~inlng continuity of lot area According to Eagle Creek Properties, Inc., Wagon Bridge Marina & Service Inc., the permanent easement and right to drive over and across the north portion of Lot 11, Block 7 Grainwood is still to be determined. They state if they choose to grant a permanent easement, it will be for one parcel only and will not be transferable to the additional parcel, lot, or other owners or assigns. They also address the issue of lack of access for the subject site to a public road without going through existing easements already in place for Wagon Bridge Townhomes and Eagle Creek Marina Maintenance on these easements are shared jointly by the marina and townhomes, and not by the owners of the subject site. Please refer to attached letters. The Council has approved Administrative Land Divisions with Variances where the opportunity exists to eliminate or increase the size of legal non-conforming lots, decrease the overall density of the area, and bring the newly created lots closer to conformity with the Zoning Ordinance. This is the rationale that the Council used in approving the Administrative Land Divisions and Variances for: JeAnne Robbins and Eric Davis on Shore Trail, Elmer Clark on Park Avenue, Harold Gustafson on Breezy Point Road, and Ken T.illyblad on Lakeside Avenue. This application is inconsistent with these objectives for several reasons. The overall density of the area will be increased rather than decreased; the existin~ parcel does conform with the Zoning Ordinance, while the proposal requires several variances; and the proposed split is in conflict with the purpose and long range intent of the Shoreland ReEulations. COMPREHE. NSIVE PLAN IMPACT:. The Comprehensive Plan indicates medium density residential land use for this area. Therefore, the application has no impact with respect to the plan and is consistent with the Land Use Plan. ALTERNATIVES: Approve the Administrative Land variances as requested. Table the item for further discussion. Deny the application for specific reasons. Division and RECOMMENDATION: The recommendation from staff is to deny the Administrative Land Division and Variances for the following reasons: The variances and lot split do not observe the spirit and intent of the Subdivision and Zoning Ordinances and are inconsistent with precedent. The proposed tracts cont~in insufficient area and width for newly subdivided lots within the Shoreland Management District. The Council has waived the minim,m st/tndards of the Zoning Code only in circumstances which improve and further shoreland management objectives. This application does not further those objectives and is therefore inconsistant with Council policy and directions. The applicant has reasonable use of the site in a similar fashion as other lots within the neighborhood. There are no unique features with respect to the property which create a hardship for development. o The proposed split is in conflict with the purpose and intent of the Shoreland Regulations and would further perpetuate access problems. If it is the intent of the Council to approve the application, staff recommends that the approval be subject to the following conditions: The existing easement be documented and the driveway be built to minim,~m standards acceptable to the City Engineering Department and City Attorney. Access be provided for Parcel B, acceptable to the City Attorney. The applicant be required to have a front yard setback of 55' to accommodate a possible future road across the existing easement. TMs 55' setback would give the future home a minlm~m o£ a 25' setback from the road. A drainage plan be submitted for each parcel that adequately conveys storm water drainage to Prior Lake, acceptable to the City Engineer, prior to the issuance of a building permit. 5' side yard drainage and utility easements be given to the City for each parcel, according to Section 6-6-5'A of the Subdivision Ordinance, acceptable to the City Engineer. Collector Street Fee of $512.30 must be paid prior to the issuance of a building permit, according to the 1994 Assessment Policy. The Administrative Land Division has to be recorded with Scott County by April 7, 1994, according to Section 6-3-4:G of the Subdivision Ordinance, or the Administrative Land Division and Variance will become null and void. ACTION REQUIRED: The action required depends on the outcome of the Council's discussion. If it is the intent of the Council to approve the A~ministrative Land Division and Variances for Parcels A and B, a separate motion for each approval is requested. A~IINISTRATIVE LA~D DMSION APPLICkTION FOI%t PZDe 'Z O' Z.oZZ. O Bas the Ap~licant previously sought to plat, rezone, obtain a variance or conditional use pemit on the subject site or any psrt of it: No ~' Yes What was requested: ,. When.. FO Cc~pleted application fora and Property Identification Number (PID). C~ste Legal description of existing and proposed parcels. Fili~ fee. Survey prepared by a registered land surveyor. 15 copies of the application, survey and supporting data and 1 set recIuced to 11" X 17". Total square footage and or acreage of existing and proposed parcels. Names and addresses of ~wners who own property contiguous to the subSet sit.. ~Y ~ APPSIOiTIDNS ~ BE ~ FOR REVIle. To the best cf my knowledge the information presented on this fora ~s correct. In additic~, I have read Section 6-1-3 of the Prior Lake Subdiv~sion Ordinance which specifies the reguire~mts and procedures for Admir~tstrative Plats. I agree to provide infomation and follc~ the procedures an outlined. Date Fee O~ers S~.gnature THIS SBCTION ~O BE F~.r.~n IN BY THE PLANNING DIPJK~OR DI~'-'ION (F APPLICON: APPBOg~D D~[~) I1%TE Signature of the Planning Die. cot Date CITY OF PRIOR LAKE APPLICATION FOR VARIANCE Present Zoning-. Existing Use of Property: Legal Description of Variance Site: variance Bequested: Has the applicant previously sought to plat, rezone, obtain a variance or conditional use penuit on the subject site or any part of it? Yes u-' No What was requested: When: Disposition: Describe the ty~e of improvements proposed: ~D~H~ISSION P4~OIPdg~NfS: CA)Cce~leted application form. (B)Filing fee. (C)Property Survey indicating the proposed development in relation to property lines and/or ordinary-high-water mark; proposed building elevations and drainage plan. (D)Certified from abstract finn, names and addresses of property owners within 100 feet of the exterior boundaries of the subject property. (E)Complete legal description & Property Identification Number (P/D). (F)Deed restrictions or private covenants, if applicable. (G)A parcel mp at 1"-20'-50' showing: The site development plan, buildings: parking, loading, access, surface drainage, landscaping and utility service. 05~Y COMPLETE APPLI(~TIONS SHALL BE ACCEFfED ASD REVIEWED BY THE PLANNING CCMMISSION. To the best of my knowledge the infon~ation presented on this fora 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 proFide information procedures as outlined in the Ordinance. /~~/~/ and follow the l' Submitted this -/day of Fee Owners Signature '~'~IS SPACE IS TO BE PILLED 0~T BY THE PIANNING DIR~CIDR ~ (Ii~qISSION __ APP~77ED DENIED DATE OF CITY COUNI~ APPEAL __ APPNOVED DENIED DATE OF F~ARINg Signature of the Planning Director Date To: City of Prior Lake Planning Commission and City Council Members From: Bradley and Kristine King Re: Request For variance/Administrative lot split Date: December 29, 1993 Please accept the enclosed application as our request for variance to divide the parcel of land located at 4070 Wagon Bridge Circle into two seperate bui Idable lots. Currently, the parcel of land is 140 feet in width with an old cabin located in the center of it. We wish to remove the structure and divide the land into two 70 foot lots for single family home development. Administrative lot splits resulting in similar sized tracts of land have been previously approved (Hedberg 5/88, Dunn 6/91, Gustafson i/92, Clark 5/89). In addition, the proposed split would result in two lots similar in size to neighboring properties. This section of Grainwood is one of very few areas within the Shoreline District to be zoned R2. As such, there are seven townshomes built on the adjacent lot and several more in the neighborhood. Although we realize that it would be well within the zoning ordinances to build a twinhome or several townhomes on our parcel of land, we are interested in developing the land into two single family homes, one of which would be our own. We believe that the addition ol~ two upper income single family homes would be more beneficial to the neighboring land owners and the Shorel ine District than the addition of more multiple family housing in this area. We appreciate your time and consideration of this matter. Very sincerely, Brad and Kristine King Applicant: Bradley and Kristine King Address: 4070 Wagon Bridge Circle Prior Lake, MN 55372 Legal: Lot Twelve ( 12); and the north forty (40) feet of Lot Thirteen (13), Block 7, Grainwood, together with all the vacated part of Beach Drive lying adjacent to Lot 12 and the the North forty (40) feet of Lot 13 and lying between the southwesterly extensions of the northwesterly and southeasterly lines of the above described property, all in Block Seven (7), Grainwood Land Area: 28,695 square feet Zoning: R2/Shoreline District Proposal: Split parceli into two tracts Tract A: 70 ft lot width 14,g05 sq. feet area Tract B: 70 ft lot width 13, 790 sq. feet area Required: 15,000 sq. feet 90' lot width 75' at OHW Variances: Tract A: 95 sq. foot lot area (.6%) 5' at OHW (6.7%) 20' front setback (22%) Tract B: 1210 sq. foot lot area (8%) 5' at OHW (6.7%) 20' front setback (22%) I · ~,n~ GRAINWOOD PEN] TOWNHOMES EXISTING EASEMENTS VACATED BEACH DRIVE SINGLE FAM ! LYX HOMES CABINS PRIOR LAKE MARINA KING ADMINISTRATIVE LAND DIVISION AND VARIANCE SUBJECT SITE \ \ \ NOTICE OF VARIANCE & ADMINISTRATIVE LAND DIVISION You are hereby notified that a hearing will be held by the City Council in the Prior Lake Council Chambers at 4629 Dakota Street S.E. on: Monday. February_' 7, 1994 at 7:45 P.M. The Prior Lake Planning Department has received an application from Bradley and Kristine King of 5500 Cedarwood Street NE, Prior Lake, to consider an Administrative Land Division and Variance from the Zoning Ordinance for a property located at 4070 Wagon Bridge Circle, within the existing plat of Grainwood. The proposal is to subdivide Lot 12 and the north 40 feet of Lot 13, Block 7, Grainwood, in order to create two lots. Please see the attached survey reduction for complete legal description and dimensions. Section 6-1-3 of the Prior Lake Subdivision Ordinance allows property to be subdivided under the following circumstances: e The division of the property will not result in more than three parcels. The property to be subdivided is a lot of record in the office of the County Recorder of Scott County. The resulting parcels generally conform to the shape and area of existing or anticipated land subdivisions in the surrounding areas. The division will not cause any structure to be in violation of setbacks. Any easements which may be required by the City must be granted. The owners of land contiguous to the parcel must be notified in writing, and no written ob!ection received within ten d-__vs followin? The proposed subdivision will require six variances. Therefore, the City Council will consider the application on February 7, 1994, at 7:45 P.M. The specific variances that are being requested with the Administrative Land Division are: A 5' lakeshore lot width variance (measured at the 904' contour of Prior Lake) from the 75' lakeshore lot width requirement. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY F_J~4PLO~ A 20' lakeshore lot width variance (measured at the front setback line) from the 90' lakeshore lot width requirement. A 1,790 square foot lakeshore lot area variance from the 15,000 square foot lakeshore lot area requirement. A 5' lakeshore lot width variance (measured at the 904' contour of Prior Lake) from the 75' lakeshore lot width requirement. A 20' lakeshore lot width variance (measured at the front setback line) from the 90' lakeshore lot width requirement. A 1,903 square foot lakeshore lot area variance from the 15,000 square foot lakeshore lot area requirement. If you desire to be heard in reference to this matter, you should attend this meeting. Oral and written comments will be accepted by the City Council. Written comments should be submitted to the Planning Department by January 26, 1994. For more information, contact Gina Mitchell at the Prior Lake Planning Department at 447-4230, extension 213. Prior Lake City Council DATE MAILED: January 13, 1994 I have reviewed the attached proposed request in the following areas.. m ~ ~ C(~E .. GI~ADING ., ZONING _~__FIXX~ PLAIN ODUNTY HlqD ACCESS PIS / ~~ ~~ __~ IS~S __.~~C ~~~ON ~IC f~ ~ ~E - ~ ~ON ~~ ~ I recommnd: CD~DITIONAL APPROVAL have reviewed the attached proposed request in the following areas: ZON1/~ __.PA~S __.G~S CITY (XN3E ~I~ Fr/X]) PLAIN NkTURAL FEATUaES ROSION OONTK~ .,, ~'/GRADING _ SIGNS __COU~Y ~OAD ACCESS __SEPTIC SYST~4 I recommend.. APPI~DVAL DENIAL .,, ~'/CORDITIONAL APPROVAL INTEROFFICE MEMORANDUM TO: FROM: RE: DATE: Planning Ralph Teschner, F'mance Director Lot 12 & N 40' Lot 13, Block 7 Grainwood (assessment/fee review) January 13, 1994 Lot 12 & N 40' Lot 13, Block 7 Grainwood (PINg 25 032 022 0) were served with water and sewer utilities in 1978 under Project 77-3 and was 100% assessed for frontage and trunk acreage charges. All past applicable assessment amounts have been paid and no special assessment balance remains against the property. The tax stares of the property is in a current state with no outstanding delinquencies. Since the proposed administrative land division requires no associated street improvements or storm water facilities, no storm water fee is applicable. The area fee calculation for the Collector Street fee includes both Parcel A & B because the existing cottage is proposed to be removed. A summary of the development fees to be collected upon approval of the administrative lot split is detailed as follows: Trunk Water & Sewer Charge -0- Storm Water Management Fee -0- Collector Street Fee .64 ac. @ $1250.00/ac = $512.30 4629 Dakota St. $.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY ENPLOYER MEMORANDUM TO: FROM: RE: DATE: GINA MITCHELL, ASSOCIATE PLANNER BILL MANGAN, DIRECTOR OF PARKS AND RECREATION PARK DEDICATION REQUIREMENT FOR BRADLEY KING JANUARY 25, 1994 Gina, since this application is for a split of previously planed property, there is no Park Dedication required. As with all previously platted lots or lots of record, the Park Dedication is not applicable. If you have any questions concerning this matter, please contact me. Thank you. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 4474245 AN EQUAL OPPORTUNITY EMPLOYER 4094 Wagon Bridge Circle Prior Lake, Minnesota 55372 (612) 447-6763 Wayne G. Miller Maxine I.. Miller Destin Gulfgate #503 1180 Hwy 98E Destin. Florida 32541 (904) 837-0637 City of Prior Lake Planning Department 4629 Dakota St. S. E. Pdor Lake, MN 55372-1714 26 January 1994 IN RE: Variance and Administrative Land Division Application of Bradley and Krlstln King Property Location: 4070 Wagon Bridge Circle Property Description: Lot 12 and the North 40 feet of Lot 13, Block 7. Gratnwood To whom it may concern: We are owners of neighboring property to the above concerned property. We received notice of the hearing on this application January 25,1994. We write to express our strong opposition fo the proposed changes contained in the application. These three requested variances wouid result In lots that would be able to sustain two much smaller homes than the current configuration would support. Building on the two proposed lots would result In Increasing the density of the area, as well as decreasing the value of the development In the area because of the necessarily smaller homes that could be built with current building code reclulrements. While the 5' per lot lakefrantage variance may not seem to be significant, the 20' per lot set back width variance is significant as well as the nearly 2,000 sq. ft. lot size reduction suggested. Please consider this our formal written objection as specified In Section 6- 1-3 of the Prior Lake Subdivision Ordinance. Wayne G. ~ Maxlne L. Miller WGM: nasm Terry & Mary Mullett 4082 Wagon Bridge Circle N.E. Prior Lake, Minnesota 55372 Phone~ 612/440-1369 January 20, 1994 Gina Mitchell Planning Department City of Prior Lake 4629 Dakota St. N.E. Prior Lake, MN 55372-1714 Dear Gina: We are writing this letter as a follow up to the phone conversation I had with you yesterday, 1/19/94. Our address is above. We live in the Grainwood West Townhouse directly adjacent to 4070 Wagon Bridge Circle N.E., Prior Lake, MN. The Planning Department wrote us a letter of notice of variance & administrative land division on 1/13/94. I responded to that by phone to you. You asked that I put our opinion in writing and submit it to the City Council. Would you please do that for us? We will be out of town on 2/07/94 when the council meets on this matter. Our opinion is that the city set up zoning ordinances with respect to buildable lot size for many reasons, one of which is to maintain continuity of lot area. This in turn enhances the beauty of the neighborhoods. This particularly applies for lake shore residential property, such as that in question. Our preference would be that the land not be divided, but maintained as the parcel as it is currently. We understand the lot is buildable in its present form according to ordinance. It is not our intent to obstruct any one's freedom. It is our intent to maintain the beauty and through that enhance our own property value as years go by. We believe adherence to the current zoning ordinances will help to assure this. Sincerely, T~rry & Mary Mullett EAGLE CREEK PROPERTIES, INC. WAGON BRIDGE M~~RINA & SERVICE, INC. 15862 EAGLE CREEK AVE PRIOR [&KE, ~4 55572 (6~_) 447-4300 · Jaml;.~ry 25. 199~ City of Prior Lake Piannin~ Department ~629 Dakota St. $.E. Pri~:r Lake, ~ 55372-1714 Dear Sir: ~,aole Creek Properties, inc. and Wagon Bridge Marina & Service, Inc. hereby object to the proposed subdivision of property owned by Brad & Kristine King for the following reasons: Eagle Creek Properti,~e*~ and Wagon Bridge Marina were never notified in writing of the proposed land division. In orde,: to gain cop[es of the proposed division, Wag~m Bridge Ma~*ina had to 1~o to the City Hall to obtain copies. o The property to be subdivided will not generally coaform to the shape and area of existing subdivisions in the area. Th~ permanent easement and right to drive over and across the north portion of Lot 11, Block 7, Grainwood is still to be determined. Eagl. e Creek Properties has :t~;t yet granted such permanent easement. If Eagle Cret~k Properties chooses to grant such easement., it will be for one parcel only and will not be transferable to the additional parcel, lot, or other owners or assigns. Therefore, there will be no easement or access for the additional sub-divided parcel. The proposed sub-division of the parcels do not have direct access or easeme,t onto an existing county or city road without going through additional easements already in plac~ for Wagon Bridge Townhomes. /hese curren~ eas~ments are granted only between Wagon B~-idge Townhomes a~:d Eagle Creek Prop,'~rties. ."iaintenance on these =auements are shared jointly by the townhomes and Wagon Bridge Ma r i ua. The proposed sub-d:;vislon would allow for a variance in the lakeshore lot width requirement of Prior Lake. Thank you for considering our objection to this matter. Sincere!3, / / Pres, Wagoll Bridge Marina VP. Eagl, Cr.'eek Properties. Inc. Diane Sent:~rz ~ 0 Vice President Wagon Bridge Marina Robert A. Paschke President Eagle C:'c'ei-. Pt.-c>i.,erties, Inc.