HomeMy WebLinkAbout7A - Engebos Variance AppealAGENDA#:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
DISCUSSION:
ALTERNATIVES:
ACTION REQUIRED:
APPROVED BY:
7A
GINA M. MITCHELL, ASSOCIATE PLANNER
CONSIDER VARIANCE APPEAL REQUEST FOR GREG ENGEBOS
AUGUST 1, 1994
On July 5, 1994, Mr. Engebos requested the City Council to reverse the
Planning Commission's denial of a 3' north side yard variance to construct
a single family home. The City Council noted that a lot area variance was
required for the site, and did not act on the appeal, but referred
consideration of the lot area variance back to the Planning Commission.
The applicant requested and received Planning Commission approval for
the 2,160 square foot lot area variance for the site on July 21, 1994.
Attached please find the applications, staff analysis, Planning
Commission Minutes of June 16, 1994, and the draft Planning
Commission Minutes of June 24, 1994.
1. Support the decision of the Planning Commission.
2. Approve the 3' north side yard variance as requested by the
applicant.
3. Table the item for further discussion.
Depends on Council
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY F_jVlPLOYER
ADDITION. RATIONAL BEING IT IS CONSISTENT WITH THE CONDITIONAL USE PERM1T
GRANTED TO THE SITE, WOULD NOT EXCEED THE 50% POLICY, AND WOULD NOT BE
DEFRIMENTAL TO THE HEALTH AND WEI .FARE OF THE COMMUNIFY.
Vote taken signified ayes by Loftus, Vonhof, Roseth, and Kuykendall, Commissioner Amold abstained.
MOTION CARRIED.
Commissioner Vonhof directed Staff to investigate the possibility of including picnic pavilions as a
pemaitted use in a R-1 Zone and if other uses are appropriate.
At this point the gavel was retumed to Chairman Amold.
ITEM II - GREG ENGEBOS- VARIANCE
Greg Engebos, 4931 Beach Street, stated that when he was before the Council to appeal his denial of the
three (3) foot north side yard variance, it was noted he needed a lot area variance for 14588 Glendale
Avenue, as the lot is less than 10,000 square feet. He is now requesting that variance.
Gina Mitchell, Associate Planner, presented the information as per planning report of July 21, 1994. The
Planning Commission acted on a request on June 16, 1994, granting a five (5) foot south side variance and
denying a three (3) foot north side variance to the site. Mr. Engebos appealed the Planning Commission
decision to deny the three (3) foot north side yard variance. The Council did not act on the appeal because
it became evident that a lot area variance was needed. The subject site is 56' wide and 140' deep
containing approximately 7,840 square feet of lot area. The required lot size for a substandard
non-waterfront lot of record is 10,000 square feet. The request is for a 2,160 square foot lot area variance
for the site to be considered buildable. The site is served with utilities and assessments have been paid on
the property. The applicant owns the adjacent lot as well as the subject site. This lot will be considered
buildable provided that the lot area variance is granted and the lot is owned by a separate individual other
than the applicant when the building permit is fried. Hardship is caused by the the current Zoning
regulations and is not the result of the property owner.
Tom Roszak, 14581 Glendale Avenue, objected to building on a smaller lot and thought the two lots should
be combined.
Horst Gmser, Director of Planning, explained the standards of the current regulations. Taxes and sewer and
water assessments have been paid on the subject site. A brief summary on the ordinance standards were
given.
Comments by the Commissioners were: different standards for small lots, uniqueness of lot, hardship
criteria has been met, and all were in support of the request.
MOTION BY LOFTUS, SECOND BY KUYKENDAI l J, TO APPROVE A 2,160 SQUARE FOOT LOT
AREA VARIANCE FOR 14588 GI.ENDAI.E AVENUE, LOCATED AT LOT 7, BLOCK 1, OAKLAND
BEACH FIRST ADDITION. RATIONAL BEING THE SUBJECT SITE IS A LOT OF RECORD, SITE
HAS BEEN ASSESSED AND TAXED, WITHOUT A VARIANCE THE LOT WOULD BE
UNBUILDABLE, AND THE HARDSHIP CRITERIA HAS BEEN MET.
Vote taken signified ayes by Loftus, Kuykendall, Vonhof, Amold, and Roseth. MOTION CARRIED.
A recess was called at 7:57 P.M. and recalled at 8:00 P.M.
ITEM Iii - PUBLIC I-WARING - VIlJAS ATTHE WILDS - NEDEGAARD CONSTRUCTION
PLANNING COMMISSION
July 21, 1994
Page 2
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
DISCUSSION:
ALTERNATIVES:
ACTION REQUIRED:
APPROVED BY:
8(B)
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:
Typically, only one 5' side yard variance is granted for substandard
lots of record.
Granting two side yard variances for this lot would set a negative
precedent for other substandard, undeveloped lots within the
neighborhood.
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.
1. Support the decision of the Planning Commission.
2. Approve the 3' north side yard variance as requested by the
applicant.
3. Table the item fo, r~urther discussion.
Del3~ds {¢n~u ncil ~s~ussion'//
Frank F- B~.~Cit~'Manager
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
(~TY OF PRIOR LAKE
APPLICATION FOR VARIANCE
Home Phone:
Work, Phone:
Property Owner: ~03~/ Home Phone:
Address: }~ ~16~b~ f~[e,. ~": ~7,~ (kl~lD3~_6~.~ork Phone:
Type ~f Ownership: Fee , Cohtr~ct ~'rc~t ~hase Agreement
Consultant/Contractor: 'J-r'[rJfl .T'P.06. I/'~./. Phone: z~- ~ell
Existing Use
of Property: Present Zoning:
Legal Description } - - .
of Variance Site:
Variance Requested: "),I I,~D ..,,~"A ~. iD~. c]r"~ []._ v'OY'i(',L;~i~,, F'F'D191 J"lq_o~ ~O, DITI'J /c-~. F'-t.
l~' fl.i r1'tuZ~ tOt,
- ~Z .... J ~J -
~ the ~ppZ±c~t prev±o~Zy 8ought to plat, ~e~.one!,obtain ~ ~ariance o~ ~o~±t~o~Z
Dgscribe the type of improvemehts proposed: ~ guF[~r~Lrlurt v oir~lc~
P %IV hL .nq . -
/
SD]K%I $SION REQUIPd~4ENTS:
O%) Completed application form. (B)Filing fee. (C) Property Survey indicating the
proposed develo~nent in relation to property lines and/or ordinary-high-water mark;
proposed building elevations and drainage plan. (D)Certified from abstract firm,
names and addresses of property owners within 100 feet of the exterior boundaries of
the subject property. (E)Ccmplete legal description & Property Identification Number
(PID). (F)Deed restrictions or private covenants, if applicable. (G)A parcel map
at 1"-20'-50' showing: The site development plan, buildings: parking, loading,
access, surface drainage, landscaping and utility service.
ONLY COMPLETE APPLICATIONS sH~r,r. BE ACCEPTED AND REVIEWED BY THE PLANNING COMMISSION.
To the best of my knowledge the information presented on
addition, I have read Section 7.6 of the Prior Lake Zonin¢
requirements for variance procedures. I agree to ~vi~e/
procedures as outlined in the Ordinance.~~~.
-/Fee
this form is correct. In
ce which specifies
io~nd follow the
nat~ure
THIS SPACE IS TO BE FTLI',ED OUT BY THE PLANNING DIRECTOR
PLANNING COMMISSION __ APPROVED __ DENIED ~ATE OF NFARING
COhDITIONS:
Signature of the Planning Director Date
VA16PC
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
PRESENTER:
PUBLIC HEARING:
DATE:
2
CONSIDER VARIANCE REQUEST FOR GREG ENGEBOS
GINA MITCHELL, ASSOCIATE CITY PLANNER
__YES X NO
JULY 21, 1994
INTRODUCTION:
On June 16, 1994, the Planning Commission granted a variance for Greg Engebos for the
property located at 14588 Glendale Avenue SE. (See attached Planning Report and meeting
minutes for reference to the application. The applicant requested a 3' north side yard variance
and a 5' south side yard variance to consu'uct a single family home. The Commission granted
the 5' south side yard variance, but denied the 3' north side yard variance. The applicant
appealed the decision to the City Council on July 5, 1994, where it was noted that a lot area
variance is required for the site because the lot is less than 10,000 square feet. The City Council
did not act on the appeal but referred consideration of the lot area vm'iance back to the Planning
Commission.
The subject site is 56' wide and 140' deep, containing approximately 7,840 square feet of lot
area. The required lot size for a substandard, non-waterfront lot of record is 10,000 square feet.
The applicant requests a 2,160 square foot lot area variance for the site to be considered
buildable.
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
vm'iances granted within the Oakland Beach 1st Addition. The applicant also owns the adjacent
lot to the north which is the same size as the subject site.
PLANNING CONSIDERATIONS:
The subject site is a small, substandard "Lot of Record." The subject site was served with
utilities in 1976, and assessments have been paid on the property. The 2,160 square foot
minimum lot area variance request is reasonable because the property is a "Lot of Record" as
defined by the Zoning Ordinance and therefore, subject to a building permit. The Planning
Commission has granted multiple lot area variances since the 1987 adoption of the Shoreland
Management Ordinance which established the minimum substandard lot size requh'ement. Lot
area variances have been granted to substandard "Lots of Record" which have been served by
sewer and water and assessed for public improvements. Lots of similm' size and m'ea have been
developed within the neighborhood. Denial of the lot area variance would render the lot
non-buildable which would create an undue hardship with respect to the property.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 44%4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
DISCUSSION:
The applicant owns the adjacent lot as well as the subject site. The City Council questioned
whether substandard "Lots of Record" are required to be combined if under common ownership.
The City Council established an agreement with the DNR in 1987 when the original Shoreland
Management Ordinance was adopted. The agreement is that the common ownership provision
shall be applied at the time of building permit application. In other words, the lot would be
considered buildable provided that the lot is owned by a separate individual other than the
applicant when the building permit is filed.
The separate ownership at the time of building permit interpretation has been the policy applied
by staff regarding substandard "Lots of Record." The 1987 City Council members were
concerned that people should be able to sell off, and/or develop "nest egg" properties. The
Council at that time was concerned that there was no adequate way to notify potential buyers of
the common ownership provision. The potential existed for an individual to sell a substandard
lot which was once combined, to a separate party which would ultimately be denied a building
permit due to the actions of the previous owner (separating the commonly owned lots). The
result is that a future buyer would be penalized for the actions of the former owner who had
divided the commonly owned lots. The Council did not feel comfortable placing the burden or
penalty for illegal division on a future buyer of the property. The City Attorney also advised that
outright denial of the opportunity to build on a "Lot of Record" previously assessed for public
improvements, may place the City in jeopardy of litigation regarding the "taking" of property
rights.
The City of Prior Lake has encouraged the consolidation of lots whenever possible or practical.
However, specific language requiring consolidation of contiguous lots under common ownership
is not currently in effect and was not incorporated into the new Shoreland Management
Ordinance which the City Council approved in 1993. In the revised Shoreland Management
Ordinance (currently under review by the DNR), each individual substandard lot is considered to
be buildable, regardless of common ownership, provided that the lot is at least 7,500 square feet
and 50' wide.
ALTERNATIVES:
1. Approve the variance as requested.
2. Continue or table the discussion for specific reasons.
3. Deny the variance finding lack of demonstrated hardship.
RECOMMENDATION:
Staff recommends Alternative #1.
Variance Hardship Standards:
Literal enforcement of the Ordinance would result in undue hardship with respect
to the property.
The 2,160 square foot lot area 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.
e
e
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.
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.
The variance observes the spirit and intent of this Ordinance, produces substantial
justice and is not contrary to the public interest.
The 2,160 square foot lot area variance observes the spirit and intent of the Zoning
Ordinance in that this request is comparable to what has been requested and approved for
lots of similar area within the City of Prior Lake. The variance would not be contrary to
the public interest.
CITY OF PRIOR LAKE
APPLICATION FOR VARIANCE
PID# ~ - i~0 - OO7- O
Applicant: ~[~ ~m~e~OS Home Phone:
~dress: 9q~/ °f%eoe'~ ~.~ ~rk P~ne:
Pro~y ~gr: 6S~e~- f~f~% ~8~ ~&~ ~~e Phone:
~ of ~ers~p: ~/~ ~ntra~ ~rc~e ~r~
~~t/Contra~or: ~ ~ 'T~ ~,~ P~ne: WqO
Existing Use
of Property: ~'
Legal Description
of Variance Site:
Variance P~quested:
Present Zoning: ~-~
Has the applicant previously sought to plat, rezone, obtain a variance or conditional
use permit on the subject site or any part of it? Yes ~_ No
What was requested:
When: Disposition:
Describe the type of improvements proposed: 14ouse
~3BMI SSION REQUIREMENTS:
CA)Completed 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 firm,
names and addresses of property owners within 100 feet of the exterior boundaries of
the subject property. (E)Ccmplete legal description & Property Identif, ication Number
(PID). (F)Dcc~ restrictions or private covenants, if applicable. (G)A parcel map
at 1"-20'-50' showing: The site development plan, buildings: parking, loading,
access, surface drainage, landscaping and utility service.
ONLY COMPLETE APPLICATIONS Sf~LL BE ACCEFfED AND REVIEWED BY THE PLANNING COMMISSION.
To the best of .my knowledge the information presented on this form is correct. In
addition, I have read Section 7.6 of the Prior L~k~;Zo~.r~O/~fl~anc~/~hich specifies
requirements for variance procedures. I agree tow~fovi~e in~m~tio~nd follow the
procedures as outlined in the Ordinance...- ; .-,'~u/'OC--''~ ~~-''~ /'~'~ ~ ?~ ~// -'"///c~_./ v .7-~._,)
.... Submitted this i day of ~ne 19q~ _~lcan~ ~zgn~u~
'-'~ '< ~ee Owners Signature
· D ~C THIS SPACE IS TO BE FILLED OUT BY THE PLANNING DIPQ~TOR
PLANNING ~ISSION
CITY COUNCIL APPEAL
CONDITIONS:
APPROVED DENIED
APPROVED DENIED
DATE OF HEARING
DATE OF HEARING
Signature of the Planning Director Date
Discussion followed on angle pa,king, after which Commissioners Vonhof and Roseth withdrew the
motion. Steve Doml:rovski stated they are not happy with one-way traffic design around the building.
MOTION BY KUYKENDAI I,, SECOND BY LOFFUS, TO CONTINUE TIdE CoNDrFIONAL USE
PERMIT AND VARIANCE REQUEST FOR LOT 1, AND OUTLOT B, LANGHORST FIRST
ADDITION TO JULY 21, 1994, AND HAVE THE APPLICANT SUBMIT A NEW PARKING PLAN
AND ONE-WAY TRAFFIC FLOW PLAN.
Vote taken si~ed ayes by Kuykenchll and Loft'us. Nays by Vonhof, Arnold and Roseth. MOTION
FAILED.
MOTION BY VONHOF, SECOND BY ROSETH TO APPROVE A CONDITIONAL USE PERMIT
BASED ON THE CRITERIA FOR APPROVAL, CONTINGENT ON APPROPRIATE SCREENING ON
THE WEST SIDE, EXTERIOR BUILDING MATERIAL ON WEST AND NORTH SIDE OF THE
BUILDING BE OF AN ACCF_JrFABLE EXTERIOR FINISH AS PER CITY CODE SECTION 4.12.,
E~CE AND EXIT DRIVEWAY LOCATED ON PI~EASANT STREET BE MOVED
APPROXIMATELY 10 FEET TO THE EAST, ADDITIONAL TAI .I. TREES BE PLACED IN THE
LANDSCAPING PLAN AS AGREED TO BY STAFF, ONE-WAY DRIVE SYSTEM BE ESTABLISHED
AROUND THE NORTH AND WEST PORTION OF THE BUILDING AND BE APPROPRIATELY
SIGNED, AND APPLICANT IS TO CONSIDER ANGLE PARKING.
Vote taken signified ayes by Vonhof, Roseth, Arnold, Kuykendall, and Lofms. MOTION CARRIED.
MOTION BY ROSETH, SECOND BY VONFIOE TO APPROVE A VARIANCE FROM THE ZONING
ORDINANCE, SECTION 6.5 TO ALLOW THE APPLICANT TO PROVIDE 35 12',ISTEAD OF THE
REQUIRED 70 PARKING STAII S ON SITE.
Vote taken signified ayes by Roseth, Vonhof, Loftus, Amold, and Kuykendall. MOTION CARRIED.
ITEM IV - GREG ENGEBOS- VARIANCE
Gteg Engebos, 4931 Beach Su'eet NE, stated he is the owner of the property at 14588 Glendale and is
requesting two vm'iances in olrter 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 Mkchell, Associate Planner, presented the infotrnafion as per the Planning Report of June 16, 1994.
The subject site is a vacant lot' 56 feet wide by 140 feet deep. The subdivision was platted under the
jm'isdiction of a previous gove~xfing body. The variances requested are a 3 foot north side yard vmance
fi'om the 10 foot side yard setback reqt~'ement and a 5 foot south side yard variance from the 10 foot side
ym'd setback requh'ement. There have been no variances ga:anted within the Oakland Beach 1st Addition.
Recommendation from Staff is to ~m'ant the 5 foot south side yard variance and deny the 3 foot north side
ym'd variance. Granting the variances as requested would set a negative precedent-
Comments fi.om 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.
MOTION BY LOFTUS, SECOND BY , TO APPROVE A TWO (2) FOOT NORTH SIDE YARD
VARIANCE AND A FIVE (5) FOOT SOUTH SIDE YARD VARIANCE FOR 14588 GLENDALE
AVENUE SE, RATIONAI~E BEING THE LOT IS SUBSTANDARD AND PLATI'ED UNDER A
PREVIOUS GOVERNMENT.
June i6, 1994
Page 6
Motion died for lack of a second.
MOTION BY ROSETH, SECOND BY VONHOF, TO APPROVE A FIVE (5) SOUTH SIDE YARD
VARIANCE FROM THE TEN (10) SIDE YARD VARIANCE FOR 14588 GIENDAI.E AVENUE AND
DENY THE THREE (3) FOOT NORTH SIDE YARD VARIANCE FROM THE TE2'q (10) FOOT
REQUIRF_aMENT RATIONAl .E FOR DENYING THE NORTH SIDE YARD VARIANCE IS THAT A
PRECEDFaNT WOULD BE S ET 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 Lofms. Commissioner
Loffus stated that precedent has not been set. MOTION CARRIED.
ITEM V - DAVID FREES - VARIANCE
David Frees, Route 3, LeSuem', stated he is requesting a 68 foot vm-iance in order to consn'uct a single
family home located at 6346 Comx~y Street NE. Due to the topography of the lot, he wishes to position the
house to take advantage of the view and is n'ying to save la'ge n'ees on the site.
Gina Mkchell, Associate Plarmer, presented the information as per planning report of June 16, 1994. The
request is for a 68 foot vmance from the 75 foot lakeshore setback requh'ement. The subject site is
approximately 15,114 sqtme feet. The site is centered on a depression, the result is that the ordinated high
water mark of lh-ior Lake encroaches fm'ther north on this lot. There ate 4 oak n'ees on the site ranging from
8 - 28 caliper inches. Staff recommends the applicant explore other options for locating his home which
may result in losing fine largest oak nee but saving 2 othem. Staff is of the opinion that the vm-iance
requested is too exn'eme, and recommends 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.
Ma: Frees felt the lat'gest oak u'ee can be saved and would take precautions in excavating, chainage and
ga=ding.
A letter fi'om DNR was read into the reco~rt opposing the 68 foot lakeshore vm'iance.
Co~nents from the Commissioners were: property is unique, mots may be cut on lat-ge =ee dining
consu'uction regm'dless of where house is located, blockage of view by futme house to the west, the long
fiat slope of the lot ptkshes the legal building envelope close to the road, flood elevations and filling below
904, and analysis of alternative btfilding oppommities.
MOTION BY LOFTUS, SECOND BY VONHOF, TO DF_aNY THE 68 FOOT LAKESHORE FROM THE
75 FOOT LAKF_SHORE SETBACK REQUIREMENY, RATIONAl F, BEING THE LOT IS NOT A
SUBSTANDARD LOT, REQUEST GOES BEYOND PRECEDENF, AND OTHER OPTIONS CAN BE
CONSIDERED.
Discussions foUowed at which time the applicant showed an alternate plan that would require a 45 foot
variance.
The motion was withchuwn.
MOTION BY VONHOE SECOND BY LOFTUS, TO APPROVE A 45 FOOT LAKESHORE SETBACK
REQUIREMENT FROM THE 75 FOOT LAKESHORE SETBACK REQUIREMENE RATIONALE
P~:~qNING COMMISSION
June 16. 1994
Pag9 7
VAI6PR
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
PRESENTER:
PUBLIC HEARING:
DATE:
4
CONSIDER VARIANCE REQUEST FOR GREG ENGEBOS
GINA MITCHELL, ASSOCIATE CITY PLANNER
~YES _3LNO
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 I 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
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 a. vailable to the
site).
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.
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.
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.
Z<~
SURVEY PREPARED FOR:
KURT HAZEKAMP
15654 FREMONT AVE.
PRIOR LAKE, MN. 5557Z
Volley Surveying Co., PA.
SUITE 120-C , 16670 FRANKLIN TRAIL
FRANKLIN TRAIL OFFICE CONDOMINIUM
PRIOR LAKE, MINNESOTA 55372
TELEPHONE ( 612 ) 447 - 25?0
VARIANCE REQUESTED:
A 2,160 square foot lot area variance from thc 10,0PA) square foot
minimum lot area requirement for a non water frontage lot located within
the Shoreland District.
DESCRIPTION ~
Lot 7, Block 1, OAKLAND BEACH 1ST ADDITION, Scott County, MEnneaota. Also
showing the location of the proposed house and ~che side yard va~ianoels required
for said house
NOTES'
Benchmark Elevation 914.50 ~op of the exis*.in~ garage slab on ~ot 8
as sho~n on the sucvey tras/n~.
91x2-..7 Denotes existi~ ~ade elevation
~ Denotes proposed f[nl~ ~ades
~ ~t the garage slab at elevation 9~8.~
Set ~e ~p of block at elevation 918.~
~e lowest floor sill ~ elevation 91~.29
Net lot area = 7,~0 sq. ft.
~t coverage sith house a ~tvew~ = 28.7 %
0 30 60
SCALE IN FEET
0 DenMee I/,~ Mch~14inch ~ron
mM~ument set (]n~ marked by
Lice~e No 10185
~ Denotes ~ KNotl set
hereby certify that
b/ me er under my dkwt
FILE NG 80l I BOOK 205 PAGE 22
"VA16P2"
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, ,IULY 21, 1994 Time; 7:20 EM.
APPLICANT:
SUBJECT SITE:
REQUEST:
Greg Engebos
4931 Beach Street NE
14588 Glendale Avenue SE
Lot 7, Block 1 Oakland Beach 1st Addition
Scott County. Minnesota
The applicant proposes to construct a single fancily home as indicated on
the attached survey. In order to construct the home as proposed, the
applicant requests that the Planning Commission grant the following
variance from the requirements of Prior Lake Zoning Ordinance 86-3:
A 2,160 square foot lot area variance from the 10,000 square toot
minimum lot area requirement for a non water frontage lot located within
the Shoreland District.
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 Deparmlent by calling 447-4230 between the hours of 8:00 a.m. and 4:30 p.m. Monday through
Friday.
Prior Lake Planning Commission
Date Mailed: July 6. 1994
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
"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, JUNE 16, 1994 Time: 9;45 EM.
APPLICANT:
SUBJECT SITE:
REQUEST:
Greg Engebos
4931 Beach Street NE
14588 Glendale Avenue SE
Lot 7, Block I Oakland Beach 1st Addition
Scott County, Minnesota
The applicant proposes to construct a single family home as indicated on
the attached survey. In order to construct the home as proposed, thc
applicant requests that the Planning Commission grant the following
variances from the requirements of Prior Lake Zoning Ordinance 86-3:
A 5' south side yard variance from the 10' side yard setback
requirement.
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 cal. ling 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