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HomeMy WebLinkAbout4C - Norling Variance Appeal CONSENT: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: STAFF AGENDA REPORT 4 (c) GINA MITCHELL, ASSOCIATE CITY PLANNER CONSIDER APPROVAL OF FINDINGS OF FACT FOR NORLING VARIANCE APPEAL JULY 5,1994 The purpose of this item is to consider the findings of fact to approve a variance appeal by David and Elizabeth Norling of 15239 Fairbanks Trail, Prior Lake. Mr. Norling applied for a 15' lakeshore variance and a 9' south side yard variance to construct a deck. The Planning Commission on May 19, 1994, approved the 15' lakeshore variance and a 5' south side yard variance. The applicant appealed the Planning Commission's decision to the City Council, requesting that the 9' variance be granted as originally proposed. The City Council granted the 9' south side yard variance on June 20, 1994, subject to preparation of findings of fact for the subject site. The following findings of fact were prepared by staff and reviewed by City Attorney Glenn Kessel, to support granting a 9' south side yard variance for the property located at 15239 Fairbanks Trail, Prior Lake: FINDINGS OF FACT: 1. The subject site is located at 15239 Fairbanks Trail and is legally described as Lot 4, Maple Park Shore Acres, Scott County, Minnesota. 2. Records on file with the Scott County Recorder's Office do not indicate the specific year in which the cabin was built under the jurisdiction of Eagle Creek Township. 3. The home was built with a 5' setback from the south side property line. The main entrance to the home is via a door located on the south side of the home. A deck was built on the east (Iakeshore) side of the home. A 4 foot section of the deck was constructed on the south side of the home to provide an access to the main entry of the home and also to connect the side entry to the deck. The 4 foot deck section was built with a l' setback from the south side property line. 4. The subject site was annexed to the City of Prior Lake in 1973. City Zoning Ordinance 83-6 specifies that a 10' side yard setback is required for structures located within the R-1, Suburban Residential; S-D, Shoreland District Zone. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPP6RTUNlll' EMPLOYER TT'" ~ ... 5. Due to the change in site elevation from the front to the rear of the home, the deck is an integral part of the structure required for reasonable access to the home. 6. The main entry of the home is located on the south side of the home, and is accessed by the deck. Relocation of this entry would change the design characteristics of the home and create an undue hardship to the applicant. 7. Section 6.1 (E) of City Zoning Ordinance 83-6 specifies: "normal maintenance of a non-conforming structure is acceptable including non-structural repairs and incidental maintenance." This regulation allows for limited repair of a legal non-conforming use. The applicant's situation is unique in that extensive repair was required for the health and safety of individuals who access the home. The applicants did not discover the deteriorated condition of the deck until shortly after they had purchased the home. The restoration of the entire deck triggered the variance application process. 8. The specific variance requested is a 9' south side yard variance to restore the deck to it's original legal non-conforming setback. The deck on the south side of the home will be restored to the exact dimension of the original structure. The stair case on the east (Iakeshore) side of the deck will be built 5' from the side property line. HARDSHIP STANDARDS: A. Literal enforcement of the Ordinance would result in undue hardship with respect to the property because the structure would require substantial alteration to relocate the main entrance of the home. B. Such unnecessary hardship results because of circumstances unique to the property. The structure was built under the jurisdiction of Eagle Creek Township, with the entrance located on the south side of the home, accessed by a deck located l' from the south property line. C. The hardship is caused by provisions of the Ordinance and is not the result of actions of persons presently having an interest in the property. The hardship is caused by application of Prior Lake Zoning standards which are more restrictive than the setback standards of Eagle Creek Township. D. The variance observes the spirit and intent of this Ordinance, produces substantial justice, and is not contrary to the public interest. The applicant is restoring the deck on the south side of the home to the same dimension as the original deck, approved by Eagle Creek Township. No objections to the proposed 9' south side yard variance were received by the Planning Commission nor City Council. Restoration of the deck is necessary for the health and safety of all individuals who access the home. The variance would not be contrary to the public interest. -2- ALTERNATIVES: RECOMMENDATION: ACTION REQUIRED: REVIEWED BY: 1. Approve the findings of fact for granting the 9' south side yard variance as submitted or with modifications as directed by the City Council and/or City Attorney. Deny the findings of fact for specific reasons. 2. Alternative #1. A motio.n as. ~ of th.e./&nsent agenda to approve the findings of fact. /1 - ~ I r(/;tJ .. ~ L/'"\-, . Frank 80 s, City anager \....---"'/ -3- TT -r..' AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: DISCUSSION: ALTERNATIVES: ACTION REQUIRED: APPROVED BY: 8B GINA M. MITCHELL, ASSOCIATE PLANNER CONSIDER VARIANCE APPEAL REQUEST FOR DAVID AND ELIZABETH NORLING JUNE 20, 1994 On May 25, 1994, a written request for an appeal of the denial of a variance request by the Planning Commission to construct a deck was received from David and Elizabeth Norling. The applicant requested the Planning Commission to grant a 15' lakeshore variance from the 75' lakeshore setback requirement, and a 9' south side yard variance from the 10' side yard setback requirement. The Planning Commission discussed the item and found that the 15' lakeshore variance and a 5' south side yard variance were warranted, but denied the 9' south side yard variance. The following facts were cited: 1. Typically, only one 5' side yard variance is granted for substandard lots of record. 2. Alternative options for accessing the home and deck (Le. walkway, platform under 30", relocation of the stairway and walkway, accessing the property from the north side of the home) are available which would not require a 9' south side yard variance. 3. A 9' side yard variance is not consistent with variances approved for other properties within this area. The applicant's home currently encroachs the side yard by 5'. An encroachment beyond the existing 5' would set a negative precedent. There was no one in the audience that objected to the variance. Attached please find the application, staff analysis, and Planning Commission Minutes of May 19, 1994. 1. 2. 3. Support the decision of the Planning Commission. Approve the 9' side yard variance as requested by the applicant. Table the item for further discussion. ., 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNllY EMPLOYER --. ~ - SURVEY PREPARED FOR. DAVE NORLING 15239 FIIIRBANKS TRAIL PRIOR lAKE, MN. 55372 Valley Surveying Co., P.A. SUITE 120-C. 16670 FRANKLIN TRAIL FRANKLIN TRAIL OFFICE CONDOMINIUM PRIOR LAKE, MINNESOTA 55372 TELEPHONE (S/2) 447-2570 IXIITI". HOUI. ~J.. _I 1 1 \..~l<E p~'O~ ~..' ~";' I .. 1. 9' SOUTH SIDE YARD VARIANCE FROM THE 10' SIDE YARD SETBACK REQUIREMENT 2. 15' LAKESHORE VARIANCE FROM THE 75' LAKESHORE SETBACK REQUIREMENT DESCRIPTION I Lot 4,Meple Park Shore Acres, Soott County, Minnesota. Also ShoMing the looation of the propoeed deck end future addition thereon this 3rd day of May, 1994. NOTES' Benchmark Elevation 931.30 top of 1/2 · iron pipe at NW Lot corner " ;; 925.5 Denotes existing grede elevetion ~ Denotes proposed direction of finished dreinage Net Lot area ~bove elevetion 904 s 7,268 sq. ft. " Net Lot ooverege by ~uildinge, steps. slebs, drive eto. s 1202 sq. ft. 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