HomeMy WebLinkAbout8C - Suzanne Kruse VarianceAGENDA #:
PREPARED BY:
SUBJECT:
DATE:
8C
GINA M. MITCHELL, ASSOCIATE CITY PLANNER
CONSIDER ADMINISTRATIVE LAND DIVISION AND VARIANCE APPLICATIONS FOR
SUZANNE KRUSE
AUGUST 15, 1994
INTRODUCTION:
The Planning Department has received Administrative Land Division and
Variance applications from Suzanne Kruse of 6096 150th Street SE, Prior
Lake. The applicant proposes to resubdivide Lots 10, 11, and 12
Eastwood, to create two parcels as per attached survey. The applications
have been filed 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 two variances for each new parcel. The specific
variances for Parcels 1 and 2 are:
PARCEL 1:
· A 14.81' lakeshore lot width variance (measured at the front
setback line) from the 90' lakeshore lot width requirement.
· A 5' east side yard variance from the 10' side yard setback
requirement (for a proposed future building pad).
PARCEL 2:
· A 13.99' lakeshore lot width variance (measured at the front
setback line) from the 90' lakeshore lot width requirement.
· A 5' west side yard variance from the 10' side yard setback
requirement (for a proposed future building pad).
BACKGROUND:
The subject site consists of three lots of record, each 50' wide by
approximately 390' deep. The site is developed with a house in 1948 that
overlaps each of the three lots. The City received a demolition permit to
remove the existing home. Also located on this site are a garage, boat
house, and shed, all of which are proposed to be removed.
4629 Dakota St. S.E.,
The subject site is zoned R-lSD, Suburban Residential with a Shoreland
District overlay. The majority of the lots in the vicinity are developed with
single family homes. There are homes in this area that were built on 50'
wide lots, as well as homes that were built on lots where two, 50' wide
lots were combined. There was also an administrative plat approved to
the west of the subject site in 1983 which permitted the creation of two
lots, one 63' wide and one 82' wide. Please see attached maps for
specific locations.
The topography of the site slopes from the 150th Street to the lake, with
approximately 30' of relief. There are a variety mature trees surrounding
the applicant's site, some of which will be removed for the construction of
the new homes and driveways.
Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
DISCUSSION:
Staff reviewed this application and submitted the proposal to the DNR,
utility companies, and neighbors within one hundred feet of the subiect
site. Staff has received objections from the DNR and some of the
adjacent property owners. See attached letters for reference.
Pat Lynch, Area Hydrologist with the DNR reviewed the proposal, and
strongly objects to the proposal because the applicant currently has
reasonable use of the property. The creation of lots that do not conform
to required standards is inconsistent with the state's shoreland rules.
The Engineering Department reviewed the proposal and has indicated
that the proposed homes will need to be setback approximately 10'
further south than the survey shows due to the location of an existing
utility easement. Water and sewer stubs serve the existing home, and
each proposed parcel contains a sewer stub. Parcel 1 does not have a
water service line stubbed to it, and the property owner will be
responsible for all costs associated with its installation at the time of the
building permit application. A drainage and utility easement must be
dedicated adjacent to all lot lines of this plat. Please see attached memo
from Verlyn Raaen for supporting analysis.
Ralph Teschner, Finance Director has reviewed the proposal, and stated
that the development fees of $825.00 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 the underlying property contains lots of record. Please see
attached memos for supporting analysis.
Two letters have been received from adjacent property owners objecting
the proposal. Both letters identified the 5' side yard setback variance
requests as the issue of objection. These property owners feel that
granting the 5' side yard variances will lower their existing property
values.
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. In
this application, the subdivision will result in a higher density since this
property has been considered one parcel from the time the home was
built in 1948. An argument could be made that since the home does exist
over each of the three lots that there is only one parcel, and approval of
the lot split would result in two parcels which would increase the density
in the area and be inconsistent with the Council's previous actions related
to the subdivision of lots of record.
City Attorney, Glenn Kessel has reviewed this proposal and has stated
that this application is consistent with the City's previous actions since a
demolition permit application has been received by the City. If the
applicant would have removed the home prior to the administrative land
division request, the request would be viewed as consistent with previous
Council action. Attorney Kessel has interpreted that the City can approve
the administrative land division because the end result is that the home
will be removed, and the applicant will have three lots of record. With the
approval of the lot split the overall density will be reduced from three lots
of record to two.
ALTERNATIVES:
RECOMMENDATION:
ACTION REQUIRED:
APPROVED BY:
Approve the Administrative Land Division
requested.
Table the item for further discussion.
Deny the application for specific reasons.
and variances as
The recommendation of staff is to approve the 14.81' and 13.99'
lakeshore lot width variances from the 90' lakeshore lot width requirement
(measured at the front setback line). Rationale for granting the lot width
variances is that these requests are consistent with similar subdivisions
that the Council has approved for Jeanne Robbins and Eric Davis on
Shore Trail, Elmer Clark on Park Avenue, and Harold Gustufson on
Breezy Point Road.
Approval of the administrative land division should be subject to the
following conditions:
The existing home and all other structures must be removed
within 60 days (October 15, 1994).
5' side yard and 10' front and rear 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 $825.00 must be paid as a condition of
subdivision approval, according to the 1994 Assessment Policy.
The Administrative Land Division has to be recorded with Scott
County by October 15, 1994, according to Section 6-3-4:G of the
Subdivision Ordinance, or the Administrative Land Division and
Variance will become null and void.
Approval of the administrative land division does not imply or grant
any future variance for future construction of buildings on each of
the two newly created parcels.
Staff recommends denial of the requested 5' side yard variances for each
of the two parcels. The hardship in this case is created by the applicant
by splitting the parcel.
The action required depends on the outcome of the Council's discdssion.
If it is the intent oft~ Cour)~l to approve the Administrative Land Division
and Varia/~es for('~arcels ~and 2, a separate motion for each approval is
requeste/~ ~. ..,
Frank F. Boyl~ty/Ma/~ager
· A~PLAT~
AI]~I~~ ~ DMSION
APPLICATION FO~M
Property Owner.-
Address:
Applicant:
Address:
Phone:
Name of Surveyor:
F~s the Applicant previously sought to plat, rezone, obtain a variance or
conditional use pemit on the subject site or any part of it:
No X Yes What was requested:
~3BMI SSION R~QUI~S:
~-~. Completed application fora and Property Identification Number (PID).
l~Bj Complete Legal description of existing and proposed parcels.
C. Filing fee.
D. Survey prepared by a registered land surveyor.
E. 15 copies of the application, survey and supporting data and 1 set
reduced to 11' X 17".
F. Total square footage and or acreage of existing and proposed parcels.
G. Names and addresses of c~ners who own property contiguous to the
subject site.
O~Y (DMPLSTE AP1AI(ATIONS S{AIA BE ACCEFR~ FOR REVIEW.
To the best of my knowledge the information presented on this fora is correct.
In addition, I have read Section 6-1-3 of the Prior Lake Subdivision Ordinance
which specifies the requirements and procedures for Administrative Plats. I
agree to provide infomation and follow the procedures an outlined.
A plica s Signature
%60w Signature -
Date
Date
THIS S~"TION ~D BE F'D',Lm IN BY THE PLANNING DIR~2TOR
DISPOSITION CF APPLICATION: APPH~D DENIED I1%TE
CITY COUNCIL (APPEAL) APPROVED DENIED DATE OF HEARII~
CONDITIONS:
Signature of the Planning Director
Date
CITY OF PRIOR LAKE
APPLICkTION FOR VARIANCE
Home Phone:
Work Phone:
Home Phone:
Work Phone:
Purchase Agreement.
Phone: z~ !
Existing Use
of Property: ~/~- ~IL~ .Present zoning:
Legal Description
of Variance Site: LQ~-~ ; D, I ] f/~ ~ ~?..~DO
Variance P~quested: hOT ~g!Dru ~0~ 7~'. ~Cg,~ ~c' E)DF{~I] ~-~/2c_~ ~ ,
~ the a~li~t pr~io~ly sought to plat, rezone, obta~ a. vsri~ce or co~itio~l
~e ~it on the s~j~ site or ~y ~ of it? Yes
~t ~ r~est~:
Dis~sition:
$JE~4ISSION REQUIREMENTS:
~)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 finn,
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 develounent plan, buildings: parking, loading,
access, surface drainage, landscaping and utility service.
ONLY COMPLETE APPLICATIONS SHALL BE ACCEPTED AAD REVIEWED BY THE PLANNING COMMIS~ON.
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 Lake Zoning Ordinance which specifies
requirements for variance procedures. I agree to_provide information and follow the
procedures as outlined in the Ordinance.
/ ~_~ ~ , ~Appli~ts Signature
±tted this
- / /~Fee~~atur e'
THIS SPACE IS TO BE FTT,T,ED OUT BY THE PLANNING DIRELTOR
PLANNING COMMISSION APPROVED DENIED DATE OF HEARING
CITY COU~EIL APPEAL APP~]VED DENIED ~ATE OF HEARING
CONDITIONS:
Signature of the Planning Director Date
2. Blue - City
I O Perm~ No,
DIREC~ONS 1. DATE BUILDING INFORMA~ON
SPACES NUMBEflED 1 ~RU 10 MUST BE FILLED IN 7. SIZE OF
(Please pdnt or ~pe ~d sign at ~om). 8. NO_OF ST~IES
3. LEGAL DESCRIPTION 10. COMPLET~N DATE
LOT ~O'/i' ]~ BL~K PID
5. ARCH~ECT (Name~ ~ / (Address) ~. No.)
6. CTOR (~ " ' dress) / I. No.)
I h~reby ce~ify I have furnished information which is ~ the best of ~knowledoe true and correct. I also ce~i~ that I am the
owner or authorized aoent for the ~ove mentioned pro~ ~d that ~I construction will conform to all existin9 state and local laws
and will p~eed in ~rdance wi~ submi~ed plans. I am aw~e that the buildino o~cial c~ revoke this ~rmit for just cause.
Further~r~, I he~y ~e~.~e ~ official or a designee may enter upon the propeAy to pe~orm needed inspections.
FOR ADMINISTRA~VE USE
METRO SAC UNIT DETE~MINATION ~TE~IAL FILED WlTN APPLICATION
~ Site ~esto~fion Plan
~ U~li~ Ab~nmem Plan
~ ~wer Ab~nment
USE OF BUILDING SITE ~ESTO~TION P~N ~ Wa~r Abandonment
Ac~p~ by ~ EI~I A~ndonment
~PE OF CONST~UCTION: I II III IV V Pa~ Ded. Cred~ ................................................
SAC Cred~ .........................................................
~pan~ Group A B E I H ~ M
Sewer & Water ~nnec. Fee Cred~ ..................
Division I 2 3
Water Tower Fee Cred~ .....................................
~her ..................................................................
~is appli~on ~comes your TOTAL CREDITS ........................
demoli~on pe~it when approv~
~y Date Issued by Date
This is to ~i~ that the request in the ~ove and a~ompanyin9 documents is in a~ordance with the Ci~ Zonin9 Ordinance and
may proceed ~ requested.
Ci~ Planner Da~ S~cial Conditions if ~y
~61151
--i ,.oo.oo. oo N ~]
DNR METRO
REGION TEL:612-?72-797? Rug O1,9a
I have r~iewed the attached proposed req%~st in the followin9 areas:
I recommend:
APPBGVAL _ ~DE~rZAL
CONDITION~ APPt~
_ _
I have reviewed the attached proposed request in the following areas:
ENVIt~Dk~E~f SIGNS
--ZONIS~ FIX3DD PLAIN COUNTY ROAD ACCESS __
PARKS NKTU~AL F~ L~GAL ISSUES
ELEfIPRIC TRANSPOR~9-TION SEPTIC SYSTEM
~r,n CODE V' EROSION CO~ GTffER
I reco~nend: ~//~P~ DE~EL~L __
CONDITIONAL APP~DVAL
INTEROFFICE MEMORANDUM
TO:
FROM:
RE:
DATE:
Planning
Ralph Teschner, Finance Director
Lots 10,11 & 12 Eastwood
(assessment/fee review)
July 27, 1994
Lots 10-12 Eastwood (PINg 25 117 008 0) were served with sewer utilities in 1974 under Project
74-3 and with water utilities in 1975 under Project 75-2 and was assessed 150' of frontage and
1.38 acres for trunk acreage charges.
All past applicable assessment amounts have been paid and no special assessment balance
remains against the property. The tax status 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 excludes Parcel 2 which is to be given credit
for the existing residential home which is located predominantly on this parcel that is to be
removed as a condition to plat approval. Therefore, the net fee is based upon the 28,992 sq. ft.
for Parcel 1 described as Lot 12 and the E 25' of Lot 11, Eastwood. 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
.66 ac. @ $1250.00/ac = $825.00
SPL27.WRT
· 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
TO:
FROM:
RE:
DATE:
MEMORANDUM
GINA MITCHELL, ASSOCIATE PLANNER
BILL MANGAN, DIRECTOR OF PARKS AND RECREATION
PARK DEDICATION FOR SUZANNE KRUSE
ADMINISTRATIVE PLAT
AUGUST 9, 1994
Gina, I have reviewed the Administrative Lot split for the Suzanne Kruse
parcel and, Since these lots are parcels of record, there will be no Park Dedication
requirement. Park Dedication is only applicable for new subdivisions or new parcels
but not for parcels of record.
If you have questions concerning this item, please let me know.
Thank you.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
NOTICE OF VARIANCE & ADMINISTRATIVE LAND DMSION
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, August 15. 1994 at 7:45 P.M.
The Prior Lake Planning Department has received an application from Suzanne
Kruse to consider an Administrative Land Division and Variances from Zoning
Ordinance 83-6, for the property located at 6096 150th Street SE. The proposal is to
subdivide Lots 10, 11, and 12, Eastwood in order to create two lots. Please see the
attached survey reduction.
Section 6-1-3 of the Prior Lake Subdivision Ordinance allows property to be
subdivided under the following circumstances:
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 objection received within ten days following
notification.
The proposed subdivision will require four variances. Therefore, the City Council
will consider the application on August 15, 1994, at 7:45 P.M. The specific
variances that are being requested with the Administrative Land Division are:
PARCEL 1:
1.
A 5' east side yard variance from the 10' side yard setback
requirement.
A 14.81' lakeshore lot width variance (measured at the front
setback line) from the 90' 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 EMPLOYER
A 5' west side yard variance from the 10' side yard setback
requirement.
A 13.99' lakeshore lot width variance (measured at the front
setback line) from the 90' lakeshore lot width 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 August 5, 1994. For more
information, contact Gina Mitchell at the Prior Lake Planning Department at
447-4230, extension 213.
Prior Lake City Council
DATE MAILED: July 26, 1994