HomeMy WebLinkAbout8A - McQuillian Land Variance
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
SA
GINA M. MITCHELL, ASSOCIATE PLANNER
CONSIDER MARK AND DEBRA McQUILLAN REQUEST FOR ADMINISTRATIVE
LAND DIVISION AND VARIANCE
MAY 16, 1994
The Planning Department received an administrative land division and
variance application from Mark and Debra McQuillan, 4326 Colorado
Street SE, Prior Lake. The applicants propose to resubdivide Lots 13 and
14, Block 2 West Side Addition, to create two new tracts as per attached
survey and complete legal description. Specifically, the request is to do a
lot line adjustment, taking 8' from the parcel to the north, 16235 West
Ave., and add it to 4326 Colorado St. The McQuillans have a concrete
patio and privacy fence which encroaches over the common property line.
The request is a property line adjustment to provide clear title to a future
buyer. 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 variances for lot width and area for each proposed tract. The
specific variances for each parcel are:
PARCELS A & B:
1. 7,600 square foot corner lot area variance from the 14,400 square
foot minimum corner lot requirement in the Shoreland District.
2. 35.2' lot width variance from the 103.2' minimum corner lot width
requirement (on West Avenue).
3. 3.2' lot width variance from the 103.2' minimum corner lot width
requirement (on Colorado Street).
PARCEL C:
1. 3,800 square foot lot area variance from the 12,000 square foot lot
area requirement in the Shoreland District.
2. 4' lot width variance from the 86' lot width requirement.
The subject site currently consists of two parcels. The property is zoned
R-2, Suburban Residential/Shoreland District. The Shoreland District of
Prior Lake extends 1,000 feet from the ordinary high water mark of the
lake, and this boundary bisects the subject site. Since this property is
within the Shoreland District, it must follow the more restrictive regulations
of the Shoreland District (12,000 square foot lot area and 86' of frontage),
rather than the regulations of the R-2 district (6,000 square foot lot area
and 60' of frontage).
The subject site consisting of two lots, is 100' wide (along Colorado
Street) and 150' deep (along West Avenue), consisting of 15,000 square
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNIlY EMPLOYER
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DISCUSSION:
COMPREHENSIVE
PLAN IMPACT
ALTERNATIVES:
feet. 4326 Colorado Street consists of the south 60' of Lots 13 and 14,
and 16235 West Avenue is legally described as Lots 13 and 14, except
the south 60'. Both of these parcels are each built with a single family
home.
The site is located in an established neighborhood which was platted in
1925 with predominately 50' wide lots. Many of the substandard lots
have been combined and single family homes have been built on them.
This has resulted in a mixed neighborhood with lots of varying size and
width. What the applicants are proposing is consistent with the
neighborhood.
The McQuillans, who live at 4326 Colorado Street are requesting the City
Council to approve the aforementioned administrative land division and
variances to adjust the common lot line to coincide with the way it is
currently maintained. The problem was created when the property owner
at 16235 West Avenue built a fence on what both property owners
thought was the common property line. In preparation of selling their
home, the McQuillans ordered a survey and found out that their cement
slab patio and privacy fence encroached on the neighbor to the north's
property by 7 to 8 feet. They are currently in the process of purchasing
an 8' x 100' strip of land (Parcel A on the attached survey) from the
property owner to the north so that their patio and fence will legally be
located on their property.
Staff has reviewed these applications and submitted the proposal to the
DNR, utility companies, and neighbors within one hundred feet of the
subject site, and has received no objections.
Verlyn Raaen of the Engineering Department has reviewed the proposal
and has indicated that no utility and drainage easements are required to
be designated since there is no construction and/or grading involved in
this plat. (Please see attached memo for reference.)
The variances that are being requested seem to be excessive, but rather
they are very reasonable since the subject site is bisected by the
Shoreland District boundary, and thus subject to the requirements of that
more restrictive district. If the site were only within the R-2 district, the
only variance which would be required would be for the parcel to the
south (Parcels A and B) for a 400 square foot lot area variance from the
7,200 corner lot area requirement.
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.
1.
2.
3.
Approve the administrative land division and variances as
requested.
Table the item for further discussion.
Deny the application for specific reasons.
RECOMMENDATION: The recommendation from staff is to approve the administrative land
division and variances as requested. The rational for granting the
variances are that both of these parcels are consistent with many of the
lots in the R-2 zoning district. literal enforcement of the Ordinance would
result in undue hardship with respect to the property, because the
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ACTION REQUIRED:
APPROVED BY:
applicant is not requesting variances to build a structure, nor create a new
subdivision, but rather a simple lot line adjustment to address existing
conditions. The variances requested observe the spirit and Intent of the
Zoning Ordinance and would not be contrary to the public interest.
The action require depends on the outcome of the Council's discussion.
If it i~e inte. n he Cduncil to approve the administrative land division
and vapan?e , parate motion for each approval is requested.
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Frank F. Boyl ,'City' nager
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APR 2 I 1994
STRATIVE LAtI) DIVISION
APPLICMION FOIM
AP
PIDt ~
P~L.~~OJIgO
Property Omer:
Address :
Aw1icant: ">H--l<;t
Address :
lJ.47 ~G:,?ol1 (Mj) ~Sl03~S-(.
Name of Slrveyor:
Poone: 'Il.J'5 -4~ '7
SJEItlISSION REXmREMENl'S:
A. Cati>leted application fom and Pro~rty Identification lbJber (PID).
B. CaDplete Legal description of existing and proposed parcels.
c. Filirvj fee4,5.0c
D. SIrvey prepared by a registered land surveyor.
E. 15 copies of the application, survey and supporting data and 1 set
reduced to U- X 17-.
F. Total square footage and or acreage of existiB3 and proposed parcels.
G. Names and addresses of owners woo own property contiguous to the
subject site.
OOLY a:H?Lm'E APPLICM'IONS sw.L BE ACCta'l.'w FOR RE.VIEJf.
To the best of nri knowledge the infocnation presented on this fom .is correct.
In addition, I have read Section 6-1-3 of the Prior Lake SJbdiv.ision Ordinance
which specifies the requirEments and procedures for Mninistrative Plats. I
agree to prO'l information and follow the procedures an outlined.
rfrr
Date
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Date /
'lmS SB:TION '10 BE FILLED IN BY THE PLANNIH; DIRECl'OR
DISPOSITION a APPLICM'ION: APPRCmD DENIED
CITY comaL CAPPPAL) APPRMD DENIED
aH>ITIONS:
DATE
DM'E OF HFARIR;
Signature of the Planning Director
Date
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PIDt
CITY OF PRIOR LAKE
APPLICATION roR VARIAN:E
Applicant:l!J",k:I t.Da~d t11, ,?1e () I': IlCl...,
lIddress: U~ 'lr^ "~~- ~~ ~
Property ().mer: ;.;~ A6_. ~) ~~ II' t:.. ,-,: \ \ u '-t
Address: t.I"3 ~ - J, ( ) -" (
Type of Ownership: Fee Contract .
Consul tant/Contractor:
Bane Phone: 1" 'i"7 - h"3O 7
ltk>rk Phone:.:tu'l-3h::"c/ 3"3<'. -~~.,2<;;,-
HaDe Phone:
ltk>rk Phone:
Purchase Agreement
Phone:
Existing Use . I t
of Property: ~~....;cl<2-~-+.~
Legal Description
of Variance Site:<:l~ csun)Q.'<r ~
Variance Requested:
Present Zoning:SkDte (l'"r.; i). i.
Has the applicant previously sought to plat, rezone, obtain a va.J'iance or conditional
use permit on the subject site or any part of it? Yes"'/ N:>
What was requested:
When: Disposition:
Describe the type of improvements proposed:
SJBMISSION REXXJIREMEN1'S:
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CA)Canpleted application fom. (B)Fil' fee. (C)Property Slrvey indicating the
proposed developnent in relation to property lines and/or ordinaJ:y-high-water mark;
proposed building elevations and drainage plan. (D)Certified fran abstract fim,
names and addresses of property owners within 100 feet of the exterior botmdaries of
the subject property. (E)Catrplete legal description & Property Identification Number
(pm). (F)Deed restrictions or private covenants, if applicable. (G)A parcel map
at 111-20'-50' shCMing: The site developnent plan, buildings: parking, loading,
access, surface drainage, landscaping and utility seIVice.
ONLY aE'LETE APPLICATIONS SHALL BE ACCEZ"J.'w AID REVIEWID BY THE PIANNI~ (llt!MISSION.
SUl::mitted this ~day of .M c' .::\
19:~
THIS SPACE IS ro BE FILLED our BY THE PLANNJ:N; DIREX:TOR
PLANNnli <n1MISSION
CITY COON:IL APPEAL
OONDITIONS:
APPROlED
APPROlED
DENIED
DENIED
IM'E OF HFARI~
DATE OF HFARI~
Signature of the Planning Director
Date
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In 1986 or '87 we constructed a cement slab patio with a privacy
fence off our garage service door. We built the patio inside what
everyone thought was the property line, as indicated by our
neighbor's old fence and a change in the land elevation, due to
grading.
In July, 1993, we ordered a survey in preparation for selling our
home. The survey indicated our portion is approximately seven or
eight feet into the neighbors yard, as defined by property
descriptions on file with the County.
We immediately contacted the neighbors, explained the situation and
asked to purchase the 8' x 100' strip of property in order to
correct the situation. We are in the process of finishing this
transaction now.
In essence, this application is so all paperwork agrees with what
everyone thought was correct for the last 35 years or so.
Dawn M. and Mark J. McQuillan
4326 Colorado street
Prior Lake, MN 55372
447-6309 (home)
445-3650 (Mark-work)
330-4625 (Dawn-work)
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VARIANCES REQUESTED: I
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PARCELS A &: B (~bl..d)
· 7.680.... /.. .... .rea Vlrl._ /m. .... 14.400 .... /1.
corller lot .rel reqllire_1tI
· 35.2 II. Joe width .ari.1ICe frntft lite 103.2 I.. CCWlIICr ktl
wid.1lII rcq..renac.. (011 We.. Aft.)
· 3.2 fl. lot _idlll vI".nee (rOfll".1te J03.2 ,. conter 101
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I hereby certify that thl. i. a true and correct repre.entetion of . .ur..y or the boundarie. Of
lollowlnl deecribed property:
P.rcel A: Th. North 8.00 te.t of the South 88.00 teet of Lot. 13 and 14, Block 2, WKST
SIOI ADDITION to PRIOR LAKI, Scott County, .Inne.ot. .. on file .nd of r.cord
In the Office ot the County Recorder in .nd for ..id County.
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PARCEL C
· 3,800 ",,11.'._ Vlrince /m. I/oe 12._ ,/,.
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· .. II. lot WWI' ..rieKe frota lite 16 '1. lot willi" rcqllircmca.
together wUh:
Parcel n exi.ting de.cription:
The SmIth .ixty(80) feet of Lot. Thirteen(13) .nd Pnurteen(14), Block Two(2),
WIST SIDI ADDITION to PRIOR LAKI, Scott County, .in....ot. .. on Ille .nd of
record in the'Oftice of the County Recorder in .nd for .aid County.
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That Il&rt uf Lota 13 and 14, IlJuck 2, WIST SIDIl ADDITION to PRIOR LAKI, Iylnll nnrlh of
the Snulh 6H.OU leet. thereof; Scut.t County, IIlnn..ota a. on tlle .nd of record in the
Offl"e ur the Cmmty Hecnrdur In IOnd fnr .ald County.
Th.t I a. a duly Regi.tered Land Surveyor under the La.. ot the St.t. of .Innesot..
Dated: AUluat 2, 1993 ~~~
AU.n R. lIuUIII.
.Inne.ot. Regi.tr.tion No. 17009
121 1_1. Street S.
Sui te Ho. 102
Shekopee. Mlnna.ota 55379
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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. May 16. 1994 at 7:45 P.M.
The Prior Lake Planning Department has received an application from Mark and Dawn McQuillan
of 4326 Colorado Street SE, Prior Lake, (Parcel B) to consider an Administrative Land Division and
Variances from the Zoning Ordinance. The proposal is to split an eight by one hundred foot (8' x
100') strip of land off of the parcel to the north (Parcel C - 16235 West Avenue SE). The applicant
proposes to add Tract A (the 8' x 100' strip) to his property, Parcel B (4326 Colorado St. SE). Please
refer to the attached survey reduction for complete legal descriptions and dimensions.
Section 6-1-3 of the Prior Lake Subdivision Ordinance allows property to be subdivided under the
following circumstances:
1. The division of the property will not result in more than three parcels.
2. The property to be subdivided is a lot of record in the office of the County Recorder of Scott
County.
3. The resulting parcels generally conform to the shape and area of existing or anticipated land
subdivisions in the surrounding areas.
4. The division will not cause any structure to be in violation of setbacks.
5. Any easements which may be required by the City must be granted.
6. The owners of land contiguous to the parcel must be notified in writing, and
no written objection received within ten days followin~ notification.
The proposed split will require five variances. Therefore, the City Council will consider the
application on May 16, 1994, at 7:45 P.M. The specific variances that are being requested with the
Administrative Land Division are:
PARCEL A & B:
1. A 7,600 square foot comer lot area variance rrom the 14,400 square foot
comer lot requirement.
2. A 35.2' lot width variance from the 103.2' corner lot width requirement (on
West Avenue).
3. A 3.2' lot width variance from the 103.2' lot width requirement (on Colorado
Street).
PARCEL C:
1. A 3,800 square foot lot area variance from the 12,000 square foot lot area
requirement.
2. A 4' lot width variance from the 86' 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 May 13, 1994. For more information, contact Gina Mitchell at the Prior
Lake Planning Department at 447-4230, extension 213.
Prior Lake City Council
DATE MAILED: May 3,1994
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNIlY EMPLOYER
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I have reviewed the attached proposed request in the followinq areas:
v/ WATER
./ SEWER
ZQNIN;
PARtS
ELECTRIC
G\S
BLD OJDE
O'lY aDE
ENVIlQlt!EN1'
FLCCD PLAIN
NMUPAL F~
. TRAN5roRrATION
V sroRot WATER
V ER)SION CDNl'RL
VGPADIN:; ~ U5'~
SIGNS
<XXJNl'Y KW) ACCESS
LEXiM, ISSJES
SEPrIC SYsmt
ASSES91EN1'S
omER
I reconmend:
/APP1V1M.
DENIAL
CDNDITIONAL APPFCNAL
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