HomeMy WebLinkAbout8B - Engebos Variance Appeal
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
DISCUSSION:
8(8)
GINA M. MITCHELL, ASSOCIATE PLANNER
CONSIDER VARIANCE APPEAL REQUEST FOR GREG ENGEBOS
JULY 5, 1994
On June 23, 1994, a written request for an appeal of the denial of a
variance request by the Planning Commission to construct a single family
home was received from Greg Engebos.
The applicant requested the Planning Commission to grant a 3' north side
yard variance from the 10' side yard setback requirement, and a 5' south
side yard variance from the 10' side yard setback requirement. The
Planning Commission discussed the item and found that the 5' south side
yard variance was warranted, but denied the 3' north side yard variance.
The following facts were cited:
1. Typically, only one 5' side yard variance is granted for substandard
lots of record.
2. Granting two side yard variances for this lot would set a negative
precedent for other substandard, undeveloped lots within the
neighborhood.
3. The size of home that the applicant is proposing is too large for
the lot, and the applicant should redesign the plans to fit the lot.
There was no one in the audience that objected to the variance request.
Mr. Engebos' letter of appeal states that the planning staff is in support of
the variance. Staff has never indicated support of this variance, and this
position is documented in the staff report. Staff concurred with the
applicant that variances have been granted to both sides of a single
family substandard lot. Mr. Engebos may have construed this as staff
support for his application. The Planning Commission felt that granting
both side yard variances in this situation would set a negative precedent
for the other vacant lots in the area. Attached please find the application,
staff analysis, and draft Planning Commission Minutes of June 16, 1994.
ALTERNATIVES: 1.
2.
ACTION REQUIRED:
APPROVED BY:
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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NEDEGAARD CU&TO
1814 NORTH DALE BLVD. COON RAPIDS, MN 55448 (612) 757-2926 FAX 757-0649
June 3, 1994
Mr. Horst Graser
Planning Director city of Prior Lake
4629 Dakota street SE
Prior Lake, Minnesota 55372
Via facsimile 447-4245
Re: Block 5, The wilds
Dear Mr. Graser:
On behalf of Prior Lake Development Limited Partnership and
Nedegaard Construction Company, Inc., I have submitted an
application for the replatting of Block 5, The wilds.
Consistent with that application please consider this letter as
a request to the City council to consider both the preliminary
plat and the final plat contemporaneously pursuant to your
Subdivision Ordinance, specifically section 6-3-3 (A) (5).
If you should need any further information please do not
hesitate to contact me.
T~mr.:~ yours,
J1id ~. 'Lg-ewman
Vice President
DPN/ja
cc: Richard K. Burtness
A DIVISION OF NEDEGMRD CONSTRUCTION COMPANY, INC.
LlC. NO. 0002068
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Discussion followed on angle parking, after which Commissioners Vonhof and Roseth withdrew the
motion. Steve Dombrovski stated they are not happy with one-way traffic design around the building.
ManON BY KUYKENDAlL, SECOND BY LOFTUS, TO CONI1NUE THE CONDmONAL USE
PERMIT AND VARIANCE REQUEST FOR Lor 1, AND OmLor B, LANGHORST FIRST
ADDmON TO JULY 21, 1994, AND HAVE THE APPUCANT SUBMIT A NEW PARKING PLAN
AND ONE-WAY TRAFFIC FLOW PLAN.
Vote taken signified ayes by Kuykendall and Loftus. Nays by Vonhof, Arnold and Roseth. ManON
FAILED.
ManON BY VONHOF, SECOND BY ROSETII TO APPROVE A CONDmONAL USE PERMIT
BASED ON THE CRITERIA FOR APPROVAL, CONTINGENT ON APPROPRIAlE SCREENING ON
THE WEST SIDE, EXTERIOR BUILDING MATERIAL ON WEST AND NORm SIDE OF THE
BUILDING BE OF AN ACCEPTABLE EXTERIOR FINISH AS PER CITY CODE SECTION 4.1.2,
ENIRANCE AND EXIT DRIVEWAY LOCAlED ON PLEASANT STREET BE MOVED
APPROXIMATELY 10 PEEr TO THE EAST, ADDmONAL TAlL TREES BE PLACED IN THE
LANDSCAPING PLAN AS AGREED TO BY STAFF, ONE-WAY DRIVE SYSTEM BE ESTABIlSHED
AROUND THE NORIH AND WEST PORTION OF THE BUILDING AND BE APPROPRIATELY
SIGNED, AND APPUCANTIS TO CONSIDER ANGLE PARKING.
Vote taken signified ayes by Vonhof, Roseth and Arnold.
ManON BY ROSETH, SECOND BY VONHOF, TO APPROVE A VARIANCE FROM THE ZONING
ORDINANCE, SECTION 6.5 TO AlLOW THE APPUCANT TO PROVIDE 35 INSTEAD OF THE
REQUIRED 70 PARKING STALLS ON SITE.
Vote taken signified ayes by Roseth, Vonhof, Loftus, Arnold, and Kuykendall.
Dl?AFT
ITEM IV - GREG ENGEBOS - VARIANCE
Greg Engebos, 4931 Beach Street NE, stated he is the owner of the property at 14588 Glendale and is
requesting two variances in order to build a high quality home on a substandard lot. If the codes were
adhered to, the proposed home could not be built. Mr Engebos stated he also owns the adjacent lot to the
north side.
Gina Mitchell, Associate Planner, presented the information as per the Planning Report of June 16, 1994.
The subject site is a vacant lot 56 feet wide by 140 feet deep. The sulxlivision was platted under the
jurisdiction of a previous governing body. The variances requested are a 3 foot north side yard variance
from the 10 foot side yard setback requirement and a 5 foot south side yard variance from the 10 foot side
yard setback requirement. There have been no variances granted within the Oakland Beach 1st Addition.
RecoIIUrendation from Staff is to grant the 5 foot south side yard variance and deny the 3 foot north side
yard variance. Granting the variances as requested would set a negative precedent.
COIIUrents from the Commissioners were: too large of a house for lot, substandard lot, redesign plan to fit
lot, and in the past the Commission has granted a 5 foot side yard variance to 50 foot lots, and on precedent
set.
The applicant stated he would change the 3 foot north side yard variance to a 2 foot variance.
ManON BY LOFTUS, SECOND BY , TO APPROVE A TWO (2) FOOT NORm SIDE YARD
VARIANCE AND A FIVE (5) FOOT sourn SIDE YARD VARIANCE FOR 14588 GLENDALE
AVENUE SE, RATIONALE BEING THE Lor IS SUBSTANDARD AND PLATIED UNDER A
PREVIOUS GOVERNMENf.
Motion died for lack of a second.
MOTION BY ROSElli, SECOND BY VONHOF, TO APPROVE A FIVE (5) soum SIDE YARD
VARIANCE FROM THE TEN (10) SIDE YARD VARIANCE FOR 14588 GLENDAIE AVENUE AND
DENY TIlE THREE (3) FOOT NORm SIDE YARD VARIANCE FROM THE TEN (10) FOOT
REQUIREMENT. RATIONALE FOR DENYING THE NORm SIDE YARD VARIANCE IS THAT A
PRECEDENT WOULD BE SEf IN THE NEIGHBORHOOD.
Discussion followed on precedent set, variances granted in the past and variance reference information was
given. The applicant stated he would give a 3 foot deed restriction to lot 6 (the vacant lot to the north which
he owns) if a 2 foot north side yard variance were granted to the subject site.
Vote taken signified ayes by Roseth, Vonhof, Kuykendall and Arnold. Nay by Loftus. Conunissioner
Loftus stated that precedent has not been set MallON CARRIED.
ITEM V -DAVIDFRRR~- VARIANCE
David Frees, Route 3, LeSueur, stated he is requesting a 68 foot variance in order to construct a single
family home located at 6346 Conroy Street NE. Due to the topography of the lot, he wishes to position the
house to take advantage of the view and is trying to save large trees on the site.
Gina Mitchell, Associate Planner, presented the information as per planning report of June 16, 1994. The
request is for a 68 foot variance from the 75 foot lakeshore setback requirement The subject site is
approximately 15,114 square feet. The site is centered on a depression, the result is that the ordinary high
water mark of Prior Lake encroaches further north on this lot There are 4 oak trees on the site ranging from
8 - 28 caliper inches. Staff recoIl1Irel1ds the applicant explore other options for locating his home which
may result in losing the largest oak tree but saving 2 others. Staff is of the opinion that the variance
requested is too extreme, and recomnds denial.
Joan Waund, realtor representing the property, stated because of the slope of the land the house has to be
angled and the design of the house is unique.
MI: Frees felt the largest oak tree can be saved and would take precautions in excavating, drainage and
grading.
A letter from DNR was read into the record opposing the 68 foot lakeshore variance.
Comnts from the Conunissioners were: property is unique, roots cut on tree during construction, vista
issue, location of the 904 creating a hardship, flood concerns, and a lesser variance could be considered.
MOTION BY LOFTUS, SECOND BY VONHOF, TO DENY THE 68 FOOT LAKESHORE FROM THE
75 FOOT LAKESHORE SEfBACK REQUIREMENT, RATIONALE BEING THE Lar IS Nar A
SUBSTANDARD LaT, REQUEST GOES BEYOND PRECEDENT, AND 01HER OPTIONS CAN BE
CONSIDERED.
Discussions followed at which time the applicant showed an alternate plan that would require a 45 foot
variance.
The motion was withdrawn.
MOTION BY VONHOF, SECOND BY LOFTUS, TO APPROVE A 45 FOOT LAKESHORE SEfBACK
REQUIREMENT FROM THE 75 FOOT LAKESHORE SEfBACK REQUIREMENT. RATIONALE
BEING 1HE UNIQUE CHARAcrER OF THE LaT, AND THE MEANDERING OF THE 904
CONTOUR LINE CAUSES A HARDSHIP.
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SURVEY PREPARED FOR:
KURT HAZEKAMP
15654 FREMONT AVE.
PRIOR LAKE, MN. SS37Z
Valley Surveying Co., P.A.
SUITE 120-C, 16670 FRANKLIN TRAIL
FRANKLIN TRAIL OFFICE CONDOMINIUM
PRIOR LAKE, MINNESOTA 55372
TELEPHONE (6/2) ..47 - 2570
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VARIANCES REQUESTED:
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1. 3' NORTH SI)E YARD VARIANCE FROM TIE 10' SIDE YARD SETBACK REaWlEWENT
2. 5' SOUTH SIDE YARD VARIANCE FROM TIE 10' SIDE YARD SETBACK REOW"EMENT
DFSCRIPTION.
Lot 7, Block 1, OAKLAND BEACH 1ST ADDITIOH, Scott County, Minnesota. Also
showing the location at the proposed house and the side yard variance's required
tor said house
NOTES '
Benchmark Elevation 914.50 top at the existing garage slab on Lot 8
as shown on the survey drawing.
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91~.7 Denotes existing grada elavation
~ Denote. proposed tinish gnda.
__ Set the garage slab at elevation 918.00
Set the top of block .t elevaUon 918.33
the lowe.t !l.oor will be elevaUon 91'.29
Het lot area . 7,840 aq. ft.
Lot coverage with house & drive.., . 28.7 ~
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PAGE 2L
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VA16PR
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
PRESENTER:
PUBLIC HEARING:
DATE:
4
CONSIDER VARIANCE REQUEST FOR GREG ENGEBOS
GINA MITCHELL, ASSOCIATE CITY PLANNER
_YES ..x..NO
JUNE 16, 1994
INTRODUCTION:
The Planning Department has received a variance application from Greg Engebos of 14588 Glendale
Avenue SE. The applicant is requesting the Planning Commission to approve a 3' north side yard
variance from the 10' side yard setback requirement, and a 5' south side yard variance from the 10' side
yard setback requirement to construct a single family home as indicated on the attached survey.
PHYSIOGRAPHY:
The subject site is 56' wide and 140' deep, containing approximately 7,840 square feet of lot area. The
site slopes gently from the front of the lot to the rear. The majority of the vegetation on the site consists
of volunteer growth.
ADJACENT USES:
The subject site is located in the single family neighborhood of Oakland Beach 1st Addition. This
subdivision was platted in 1967 within the City of Savage, and annexed into the City of Prior Lake in
1974. There are several lots on the west side of Glendale Avenue that are vacant, and at some time in the
future may be developed with single family homes. There have been no variances granted within the
Oakland Beach 1 st Addition.
PLANNING CONSIDERATIONS:
The subject site is a small, substandard lot of record. The Planning Commission has typically granted
one, 5' side yard variance on similar size lots. The applicant is requesting a 5' south side yard and a 3'
north side yard variance. Staff is of the opinion that granting the variances as requested would set a
negative precedent.
ALTERNATIVES:
1. Approve the variances as requested, or with some modifications as per Planning Commission
discussion.
2. Continue or table discussion for specific reasons.
3. Deny the variances finding lack of demonstrated hardship.
RECOMMENDATION:
The recommendation from staff is Alternative #1. Staff recommends that the Planning Commission grant
the 5' south side yard variance and deny the 3' north side yard variance. The applicant will have
reasonable use of his property in a similar manner as other property owners of substandard lots.
Variance Hardship Standards:
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
1. Literal enforcement of the Ordinance would result in undue hardship with respect to the
property.
The 5' south side yard variance is requested to build a home on the property which is a lot of
record, considered buildable by the Prior Lake Zoning Code. The applicant has owned and paid
assessments on the property for public improvements (sewer and water stubs are available to the
site).
2. Such unnecessary hardship results because of circumstances unique to the property.
The hardship is created by the fact that the lot was platted under the jurisdiction of the City of
Savage. The standards of Savage at the time of subdivision are significantly different than current
Zoning and Subdivision regulations for the City of Prior Lake.
3. 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 the application of current Zoning regulations to a substandard lot of
record and is not the result of the property owner.
4. The variance observes the spirit and intent of this Ordinance, produces substantial justice
and is not contrary to the public interest.
The 5' south side yard variance observes the spirit and intent of the Zoning Ordinance in that this
request is comparable to what has been approved and granted for similar lots by the City of Prior
Lake. The variance would not be contrary to the public interest.
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PIDt 3., -120 -007-0
CITY OF PRIOR LAKE
APPLICATION FOR VARIANCE
Applicant: ~~~ ~~~os Bane Phone: 44~ -00(0'3
Address: ~1' ~ ; . 1:. Work Phone: It Ll~- 2\ R3
Property ()"Clf'::~ - _ _ _ _, ~el ~ 88 JI~I" Ave-9!iIane Phone: ~ 'i 5 - Qr.:>1... 3
Address: ___ ___ _ _~~_'- _ ttr___~ 1- Work Phone: 4i..4S-'-.18'f
Type of Ownership: ~/(7af'\ Contract ' Purchase Agreement
Consultant/Contractor: -r~;"'"' T~rl., Lr phone:~O -io1...{"Ll
Existing Use ~(
of Property: U Qc.c. ;I\. ~
Legal Description \ ~ \ .
of Variance Site: ~ + I 0 ~ ~ 'r0\ R PC c h
Variance Requested: _:;J ~ ~Pi- \x_t5
Present Zoning :-\4 -1
1~<,t Griel \?kJ: 1.
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Has the applicant previously sought to plat, rezone,
use permit on the subject site or any part of it?
What was requested:
When: Disposition:
Describe the type of improvanents proposed:---1:f()l.J~E' w\ -\ '^ a-t\~c..'n (?& ~o..("a S e
obtain a variance or conditional
Yes -X-NJ
&JBMISSION ROOUIREMENI'S:
(A)Completed application form. (B)Filing fee. (C)Property SUrvey indicating the
proposed developnent 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 Identif,ication NlmIber
(pm). (F)Deed restrictions or private covenants, if applicable. (G)A parcel map
at 1"-20'-50' shOlrling: The site developnent plan, buildings: parking, loading,
access, surface drainage, landscaping and utility service.
ONLY COMPLEl'E APPLICATIONS SHALL BE ACCEPl'ED AND REVIEWED BY THE PLANNHG <n1MISSION.
_",.SUbmitted this iday of
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,:1 PLANNING CDMMISSION
~ ...: CITY COmt::IL APPEAL
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is correct. In
hich specifies
d follow the
To the best of rl'!Y knowledge the information presented on
addition, I have read Section 7.6 of the Prior Lak Zoni
requiranents for variance procedures. I agree to ovi
procedures as outl ined in the Ordinance.
THIS SPACE IS '10 BE FILLED Ot11' BY THE PLANNI~ DIREX:TOR
APPWJED
APPRCNED
DENIED
DENIED
DM'E OF HFARI~
DA.TE OF HFARIN:i
Signature of the Planning Director
Date
'VA16PN"
NOTICE OF HEARING
FOR VARIANCE APPLICATION
You are hereby notified that the Prior Lake Planning Commission will hold a hearing in the City Council
Chambers located at City Hall, 4629 Dakota Street S.E. on:
Date:
THURSDAY. .TUNE 16. 1994
Time:
9:45 P.M.
APPLICANT:
Greg Engebos
4931 Beach Street NE
SUBJECT SITE:
14588 Glendale Avenue SE
Lot 7. Block I Oakland Beach I st Addition
Scott County. Minnesota
REQUEST:
The applicant proposes La construct a single family home as indicated on
the attached survey. In order to construct the home as proposed. the
applicant requests that the Planning Commission gram the following
variances from the requirements of Prior Lake Zoning Ordinance 86-3:
1. A 5' south side yard variance from the 10' side yard setback
requi rement.
2. A 3' north side yard variance from the 10' side yard setback
requirement.
If you are interested in this issue. you should attend the hearing. The Planning Commission will accept
oral and/or written comments. Questions related to this hearing should be directed to the Prior Lake
Planning Department by c<l;lling 447-4230 between the hours of 8:00 a.m. and 4:30 p.m. Monday through
Friday.
Prior Lake Planning Commission
Date Mailed: June 3, 1994
4629 Dakota St. S,E" Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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