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HomeMy WebLinkAbout4b & 4c - Variance app Bohlen CONSENT: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: DISCUSSION: STAFF AGENDA REPORT 4 (b) and (c) DEB GAR ROSS, ASSISTANT CITY PLANNER CONSIDER AGREEMENT AND REFUND OF VARIANCE APPLICATION FEE FOR HAROLD BOHLEN JUNE 6, 1994 The purpose of this item is to consider the attached agreement and request by Harold Bohlen of 13380 Hickory Avenue, Prior Lake, to refund the $75.00 dollar variance application fee. Mr. Bohlen applied for and received a variance to allow one additional home to be built on a 26 acre parcel located east of Pike Lake Trail and south of the plat of Titus 1 st Addition. See attached Planning Report and Planning Commission minutes dated May 19, 1994 for details. The specific variance was to allow one additional unit over the maximum, 4 per quarter/quarter (40 acre) section within the Rural Service Area. The variance was granted by the City Council on November 2, 1992 subject to the condition that the applicant file an agreement with the City that he would not seek additional building permits for the property until it is included in the Urban Service Area. (The year 2000 Comprehensive Plan indicates that the property is approximately 1/2 mile outside of the Urban Service Area). The Zoning Ordinance stipulates that a variance application is valid for one year. Mr. Bohlen was notified by staff, of the pending expiration of the variance application by letter on July 1, 1993. In March, 1994 staff was contacted by Ramona Whipps, who had a purchase agreement for part of the subject site. She was advised that the variance had expired as of November 1993 because the agreement, (condition of approval for the variance), had not been filed. Staff was later contacted by Mr. Bohlen who stated that he had faxed a copy of the agreement to the City prior to the expiration date. The City Attorney, nor staff have a record of receipt of the agreement. Mr. Bohlen was advised, after consultation with the City Attorney, that he should re-apply for the variance. The applicant applied for and received a Rural Service Area density variance by the Planning Commission on May 19, 1994, subject to the attached facts and findings. Please note that item #8 requires the execution of an agreement with the City specifying the location of the building permit and stating that no additional permits will be requested for the balance of the property until municipal sewer and water is available to the site. City Attorney, Glenn Kessel prepared the attached agreement which when executed and filed with Scott County, will satisfy the condition placed on the variance approval. In addition to Council approval of the 4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPdRTUNITY EMPLOYER 'T T T"'" , ALTERNATIVES: ACTION REQUIRED: REVIEWED BY: agreement, the applicant requests refund of the $75.00 variance application fee. 1. 2. Approve the agreement and fee refund as requested. Approve the agreement, but deny the $75.00 refund request. A motion as part of the consent items. nda to approve one or both of the two (l ' , .{(,I~.~ Frank Boyl -2- MRY-31-1994 15:04 FROM LOMMEN-NELSON. MPLS. TO 94474245 P.02 AGllEEMENT ~HIS AGR~~M~NT made and entered into as of the day of , 1994, by and among HAROLD D. BOHLEN and JUOY K. BOHLEN, husband and wife (hBohlen"), DARREL SIBBET and ROBYN SIBBET, husband and wife ("Sibbet"), ELMER. WHIPPS and RAMONA WHIPPS, husband and wife ("Whipps"), and THE CITY OF PRIOR LAKE, a Minnesota municipal corporation ("City") R E C I TAL S WHEREAS, Bohlen is the fee owner of the follo~ing described property located in the City, Scott County, Minnesota: The South Half of the South Half of the Northeast Quarter (S~ of S~ of NE~) EXCEPT all that land lying West of the Township Road in the South Half of the . South half of the Northeast Quarter (S~ of S~ of NE ~), all in Section 23, Township 115, Range 22, Scott County, Minnesota, subject to an easement 20 feet in width along the Northerly boundary Running from the Northeas~erly corner of the South half of the South half of the Northeast Quarter (S~ of S~ of NE~), of Section 23, Township 115, Range 22, to a certain water hole lying along said Northerly line thereof for the sole purpose of supplying drinking water to cattle (the "Property"); and WHEREAS, Bohlen currently occupies a homestead located on approximately 2 acres of the above-described Property, with said homestead description as follo~s: That part of the South half of the Northeast Quarter (S~ of NE~) of Section 23, To~ship 115, Range 22, Scott County, Minnesota, described as follows: . Beginning at the intersection of the North line of said South half of the South half of the Northeast Quarter, and the East line of Hickory Lane; .thence South parallel with the East line of said South half of the South half of the Northeast Quarter, a distance of 300.00 feet; thence East parallel with said Nor~h line a distance of 300.00 feet; thence North parallel ~ith said East line a distance of 300.00 feet to said North "p ..... "" . MAY-31-1994 15:04 FROM LOMMEN-NELSON. MPLS. TO 94474245 P.03 line; thence West along said North line a distance of 300.00 feet to the point of beginning; together ~ith an easement for ingress and egress described as follows: Beginning at the intersection of the North line of said South half of the South half of the Northeast Quarter, and the east line of Hickory Lane; thence South parallel with the East line of said South half of the South half of the Northeast Quarter a distance of 120.00 feet; thence West parallel with said North line a distance of 60.00 feet; thence North parallel with said East line a distance of 120.00 feet; thence East long said North line a distance of 60.00 feet to the point of beginning and, WHEREAS, Whipps and Sibbet entered into an Option Contract with Bohlen for the acquisition of approximately 10 acres of the Property, pursuant to an Option Contract dated December 29, 1993 and recorded in the Office of the County Recorder of Scott County, Minnesota, on January 25, 1994, as Document No. 329313, ~hich option grants Whipps and Sibbet the right to purchase the following described property, to-~it: That part of the South Half of the South Half of the Northeast Quarter of Section 23, To~nship 115, Range 22, Scott County, Minnesota described as follows: Commencing at the southeast corner of said South Half of the South Half of the Northeast Quarter; thence North 89 degrees 41 minutes 06 seconds West (assumed bearing) along the south line of said South Half of the South Half of the Northeast Quarter a distance of 761.10 feet to the point of beginning of the land to be described; thence North 04 degrees 09 minutes 33 seconds East a distance of 291.00 feet; thence North 86 degree 27 minutes 37 seconds West a distance of 390.10 feet; thence North 00 degrees 23 minutes 45 seconds East a distance of 118.11 feeti thence North 89 degrees 36 minutes 15 seconds West a distance of 700.24 feet more or less to the centerline of Pike Lake Trail; thence southwesterly along said centerline to its intersection with said south line of the South Half of the South Half of the Northeast Quarter; thence easterly along said south line a distance of 1123.94 feet to the point of beginning. - 2 - - ,........",.....k.. "'.~,...,.....,...+. ,," ".."'...."..~,.,..,' ,......." .'^"".....,,-~....""_.,,-,""._._-,....,. ,. . f MHY-31-1994 15:05 FROM LOMMEN-NELSON. MPLS. TO '34474::45 P.04 Containing approximately 10.00 acres ( .. Option Property") i and WHEREAS, Bohlen submitted an application for a grant of a variance from the City Zoning Ordinance No. 83-6, S 4.1M, to allow five (5) d~el1ing units per quarter quarter section, which application was heard by the City Planning Commission on May 19, 1994; and WHEREAS, the City Planning Commission granted applicant a variance on May 19, 1994 to allow one residential building permit for the Option Property containing approximately 10 3cres, vith said building site to be located as set forth on a building site plan on Exhibit "A~ attached hereto; and WHEREAS, the grant of the variance was conditioned upon Bohlen agreeing to execute and record an agreement ~est~icting issuance of any additional building permits for any residential units on the Property until public sewer and water is available, as more fully described on the Facts and Findings of the City Planning Commission, as set forth herein as Exhibit "B" attached hereto and incorporated herein. NOW, THEREFORE, the parties agree as follows: 1. Upon the recording of this Agreement by Bohlen with the Scott County Recorder's Office, the City shall grant to the .parties one additional residential unit building permit to be located on the Option Property and at the location set forth on Exhibit "A". - 3 - MA'-(-'31-1994 1S:06 FROM LOMMEN-NELSON, MPLS. TO ':344'74245 P.dS 2. As a condition for the grant of the additio~al building peLmit and the variance granted to Bohlen by the City Planning Commission, the parties agree that no further building permits for any residential units shall be issued by the City for the Property until public sewer and water are available to the Property. IN WITNESS WHEREOF, the parties have duly execu~ed this Agreement as of the day and year first above written. Harold D. Bohlen .Judy K. Bohlen Oarrel Sibbet Robyn Sibbet Elmer Whipps Ramona Whipps THE CITY OF PRIOR LAKE By Lydia Andren, Mayor and By Frank Boyles, City Manager STATE OF MINNESOTA) ) 55. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of , 1994, by Harold D. Bohlen and .Judy K. Bohlen, husband and wife. Notary Public - 4 - .. t !' MAY-]1-1994 15:06 FROM LOMMEN-NELSON. MPLS. TO 94474245 p.06 STATE OF MINNESOTA) ) SS. COUNTY OF SCOTT ) The foregoing instrument was ackno~ledged before me this day of , 1994, by Oarrel Sibbet and Robyn Sibbet, husband and wife. -- .-------.. ---~._---_._- Notary Public STATE OF MINNESOTA) ) 5S. COUNTY OF SCOTT ) The foregoing instrument was acknowledged befo~e we this day of , 1994, by Elmer Whipps and Ramona Whipps, husband and wife. Notary Public STATE OF MINNESOTA) ) SS. COUNTY OF SCOTT ) The foregoing instrument was ackno~ledged before me this day of , 1994, by Lydia Andren and Frank Boyles, respectively the Mayor and City Manager of the City of Prior Lake, a municipal corporation under the la~s of Minnesota, on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY; Lommen, Nelson, 1800 IDS Center 80 S. 8th Street Minneapolis, MN (612) 339-8131 Cole & Stageberg, P.A. (GRK) 55402 S: \SHDATA\16iilG\CRll.\60HLEH.AGT - 5 - MRY-31-1994 15:07 FROM LOMMEN-NELSON. MPLS. Til 94474245 P.07 f~ =-1 ~ ! ." $! ~, aM ~ I . ~.~.. 11:'2 . CO"" -- ".." -. I I , .te : ~.. - ... ~I .. a: : . , , ill ".1'1'.80 -1>011 ".OO:(v_ I~~ 'I.;.. a. t hi ~I . U ~ o o o I -..' i: If ------.--..- J I \ \ , C!:3 \ - ~ . ~ .. . = " $ .. II :.... .~ ~ Z!.. "'.~ ... .. -- I ~.~ ,.. ~ .. - -.. ---' ~-- --- ----- .. -.:-...- ~~ . ...... - - ..... ~~ ......... ~.., .. _0.,. . . __~ ~.... ..4/ --:---:. "'i.:7)'S7I'1_ _-:-.~-._~.. _ ~ __l9.0 7t..,,~ 3Jt"7 ~.tS~~--:' --. _~~~ ~{J~.\. .R)f/d 8.0 .~..p J J&-.o.. c EXHIBIT "A" _'_~"_>M_~_"""""_".",",_,-~.."..,,,,,,,,,,,,,,,,,,_-,,,,__~,,_,,,,,,-_~~'.__'_="""'_":"_"'"."""'_'_".~_'~"""""-'__~_'''~''.'_''"_~_''''~_''~-~~^''''''~'''~__''''_~_''n''''_ ~ ~ .\) ~ . '.( ~ C ~ ~ ~ - ~ '- \ ~ ~ '- a --0 - ~ /7 ~ " - MRY-31-1994 15:07 FROM LOMMEN-NELSON. MPLS. TO 'j4474245 P.0EI ~4I~ PLANNING REPORT AGENDA ITEM: SUBJECT: PRESE1'I"TER: PUBLIC HEARING DATE: 1 CONSIDER VARIANCE APPLICATION FOR HAROLD BOHLEN DEB GARROSS, ASSISTANT CITY PLANNER _YES -X..NO MAY 19, 1994 INTRODUCTION: The Planning Department has received a variance application from Harold Bohlen of 13380 Hickory Avenue, Prior I....ake. The appliC3n.t specifically requests a variance from Zoning Ordinance, Section 4.1M to allow 5 dwelling units per quarter/quarter section of the $ubject site. See attached legal de..~ription and maps for reference to the site location. DISCUSSION: The attached Planning Report dated September 17. 1992 outlines a variance gr.inted ::0 Mr. Bohlen by the PLanning COl'T'.:nission in September. 1992. At that time. the applicant wa~ requesting approval of four additional units above the four permitted per quar..er/quaner sectien in which the subject site is located. The Planning Commission denied his request but granted one additional unit subject to the facts and findings listed in the minutes of the October 15. 1992 Plarming Commission meeting. The applicant appealed the decision of the Planning Commission to the City Council. See att3ched City Council agenda report dated November 2. 1992_ The City Council affurned the decision and facts and findings of me Planning COrr'.missicn to grant one additional unit to the subject site. A variance application is valid for one year following its issu~'ce by the Planning Cornmission. 3Jid in this. case, the City COlJn61. The variance expired in November. 1993. Mr. Bohlen is requesting that the same variance granted by the City Council in November. 1992 be granted as per this application. No changes have occu..ed in the Zoning Ordina""lce or tIle disuic! :n which the subjel:?t site is located. since the 1992 variance approval which would negatively affect this application. ALTERNATTVF-"i: L Approve the variance as requested. 2. Table or continue the item for specific purposes. 3. Deny the application finding no demonstrated hardship. RECOMMENDATION: Alternative #1 subject to the condition that the applicant file and record an agreement with the Citv of Prior Lake restrictin~ me issuance of additional buildi;"lg rA"rrni~s fo\" ~nv resident;a! unitS # - Y- j on the 26 acres until public sewer and water is available. The one additional residential uni[ EXHIBIT "B" 4629 Dakota St. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 4474230 / Fax (612) 4474245 MAY-]1-1994 15:08 FROM LOMMEN-NELSON. MPLS. T'~ ,-' '34474245 P.0S grarated under this permit shall be restricted to the 10 acre subject site indicated by the .1ttached survey. The agreem~nt must be reviewed and accepted by the City Anoiney prier (0 filing with Scott County. FACTS AND FlN'"D:Q'IlGS FOR GRAAJ1NG THE AGRlCU"LTu"RAL DE1"\iSITY VARJA.."\iCE; 1. Approximately one half of the two subject quarter/quarter sections were previously platted into 2 to 3 acre lots under the jurisdiction of Eagle C~k Township. 2. As a result of the previous platting the subject quarterlqumer sectioDS are urban in character and zoned R-l and C-l to reflect higher resi&:ntial density and environmentally sensitive lands. 3. The applicant"s parcel consists of 26 acres, of which 10 acres will be the site of the additional residential unit. The 10 acre site is legally described as ~r anached survey and legal description_ 4_ The subject property is 3 residual piece of property in two urbani7ed quarter/quaneI' s<<tiODS. It is adjacent to the CirJ of Shakopee which provides fer a greater density in their rural service area.. 5. The proposed lot size of 10 acres is consistent with the 4 per 40 acres concept found in the Comprehensive Plan and Zoning Ordinance. 6. The neighborhood was supportive of one additional residential uoit in the 1992 variance application. 7. Because of the unique circumstances. the variance is a reasonable devia.tion of Ptior Lake's Zoning Law, promotes fairness and equity, and is not contrary to the general health and welfare of the community. 8. The applicant has agreed to execute and record an agreement with Prior Lake restricting the issuance of additional building permits for any residential ullits on the 26 acres until public sewer and water is available. The applicant further agrees to restrict the location of the one additional residential unit granted under :his permit to that part of the 26 acr.es lying east of Pike Lake Trail in the South half of the Southwest Quarter of the Nonhcast Quarter, all in Section 23, Township 115, Range 22, Scott County, Minnesota. ii,,, ""~.'_"'H...'<~""'*""".',~"",~"""_.~_,,,,,,,,,~____,,,,-,-__~............._ " . "VAIlPC" PLANNING REPORT AGENDA ITEM: SUBJECT: 1 CONSIDER VARIANCE APPLICATION FOR HAROLD BOHLEN DEB GARROSS, ASSISTANT CITY PLANNER _YES -X..NO MAY 19, 1994 PRESENTER: PUBLIC HEARING DATE: INTRODUCTION: The Planning Department has received a variance application from Harold Bohlen of 13380 Hickory Avenue, Prior Lake. The applicant specifically requests a variance from Zoning Ordinance, Section 4.1M to allow 5 dwelling units per quarter/quarter section of the subject site. See attached legal description and maps for reference to the site location. DISCUSSION: The attached Planning Repon dated September 17. 1992 outlines a variance grdIlted to Mr. Bohlen by the Planning Commission in September. 1992. At that time. the applicant was requesting approval of four additional units above the four permined per quarter/quarter section in which the subject site is located. The Planning Commission denied his request but granted one additional unit subject to the facts and findings listed in the minutes of the October 15, 1992 Planning Commission meeting. The applicant appealed the decision of the Planning Commission to the City Council. See attached City Council agenda repon dated November 2, 1992. The City Council affmned the decision and facts and findings of the Planning Commission to grant one additional unit to the subject site. A variance application is valid for one year following its issuance by the Planning Commission. and in this case, the City Council. The variance expired in November. 1993. Mr. Bohlen is requesting that the same variance grdnted by the City Council in November. 1992 be granted as per this application. No changes have occurred in the Zoning Ordinance or the district in which the subject site is located, since the 1992 variance approval which would negatively affect this application. ALTERNATIVES: 1. Approve the variance as requested. 2. Table or continue the item for specific purposes. 3. Deny the application finding no demonstrated hardship. RECOMMENDATION: Alternative #1 subject to the condition that the applicant file and record an agreement with the City of Prior Lake restricting the issuance of additional building pennits for any residential units On the 26 acres until public sewer and water is available. The one additional residential unit 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORnJNITY E."4PLOYER granted under this permit shall be restricted to the 10 acre subject site indicated by the attached survey. The agreement must be reviewed and accepted by the City Attorney prior to filing with Scott County. FACfS AND FINDINGS FOR GRANTING THE AGRICULTURAL DENSITY VARIANCE: 1. Approximately one half of the two subject quarter/quarter sections were previously platted into 2 to 3 acre lots under the jurisdiction of Eagle Creek Township. 2. As a result of the previous platting the subject quarter/quarter sections are urban in character and zoned R-l and C-l to reflect higher residential density and environmentally sensitive lands. 3. The applicant's parcel consists of 26 acres, of which 10 acres will be the site of the additional residential unit. The 10 acre site is legally described as per attached survey and legal description. 4. The subject property is a residual piece of property in two urbanized quarter/quarter sections. It is adjacent to the City of Shakopee which provides for a greater density in their rural service area. 5. The proposed lot size of 10 acres is consistent with the 4 per 40 acres concept found in the Comprehensive Plan and Zoning Ordinance. 6. The neighborhood was supportive of one additional residential unit in the 1992 variance application. 7. Because of the unique circumstances, the variance is a reasonable deviation of Prior Lake's Zoning Law, promotes fairness and equity, and is not contrary to the general health and welfare of the community. 8. The applicant has agreed to execute and record an agreement with Prior Lake restricting the issuance of additional building permits for any residential units on the 26 acres until public sewer and water is available. The applicant further agrees to restrict the location of the one additional residential unit granted under this permit to that part of the 26 acres lying east of Pike Lake Trail in the South half of the Southwest Quarter of the Northeast Quarter, all in Section 23, Township 115, Range 22, Scott County, Minnesota. , T PLANNINGCOMMESlON ~ May 19, 1994 The May 19, 1994, Planning Commission Meeting w~ called to older by Chairman Amold at 7:30 PM. 1bJse present were C~goners Ra;eth, Arnold, Loftus, Valhot: Director of Planning Hast Gtacier, A$istant City Planner Deb Garross, Associate Phumer Gina Mitchell, and Secretary Rita Schewe. REVIEWMJN(JTEi; OFPREVIOlE MI4l4:1ING MOITONBY ROSEIH, SECOND BYVONHOF, TO APPROVE THE MlNUIFS AS WRIITEN. Vtte taken signified ayes by Raieth, Voohof, Kuykendall, Loftus, and Arnold ManON CARRIED. ITEMI - VARIANCE - HAROlD BORl.F.N Harold Bd1len, 13380 HickoIy Avenue, stated he w~ granted a variance for his pm~ oVer a year ago but that variance had since expired. MI: BOO1en also stated that be has sold 10 acres of his ptopeay and is now requesting the same variance to allow 5 dwelling units per quartedquarter section of the subject site. Deb Garross, ~t City Phumer, presented the information as per planning report of May 19, 1994. In 1992, the applicant applied for a variances requesting approval of four additional units above the four pennitted per quarter/quarter section in which the subject site is located. The Planning Commi'tgon denied his request but granted one additional unit subject to the facts and finds as listed in the Planning CornrnN.gon minutes of October 15, 1992. The applicant appealed that decision to the City CaDril and they affirmed the decision and facts and findings of the Planning Commi'tgon. A variance application is valid for one year following issuance which in this case expired in November of 1993. MI: BdlJen is requesting the same variance granted by the Camcil in 1992. No changes have 0CCUIred in the Zoning 0Idinance or the district in which the subject is located since the 1992 variance approval that woold negatively affect this application. Reco~~tion from Staff is to approve the variance as requested subject to the condition that the applicant file and record an agreement with the City of Prior Lake restricting the issuance of additional building pemUts for any residential units on the 26 acres until public sewer and water is available. The one additional residential unit granted under this pennit shall be restricted to the 10 acre subject site. The agreement must be reviewed and accepted by the City Attorney prior to filing with Scott Camty. Coil II I r:nts from the Cnmrmsioners were; acres remaining, reason for reapplication of variance and in view of past action there were no further corn" 1f'J'I~. MOITON BY LOFTUS, SECOND BY VONHOF, TO APPROVE A VARIANCE FROM ZONING ORDINANCE SECTION 4.lMTO AlLOWFlVE (5) DWEll.JNG UNITS PER QUA.RIFltQUARIER SECIlON BASED ON THE FACI'S AND FINDINGS AS LISTED IN THE PLANNING REPOlU OF MAY 19, 1994, AND CONI'lNGENT UPON ITEM #8. PLANNING COMMISSION May 19, 1994 Page 1 Vtte taken signified ayes by Loftus, Vmhot: Ra;eth, Kuykendall, and AmoId. MOIlON CARRIED. Discussion fonowal on Bylaws, Il'lf'l"tillg sclwftdes. and time changes untiI the next scl1MIded agenda item. ITEMn. VARIANCE. DAVID AND'.~ NOm JNG 0Md Naiing, 15239 Fairbanks Trail, stated.tbeY'1~'lequesting a variance to rebuild a deck that is deteriorating to the point of being unsafe as part of the deck hm fallen off. MI: Naiing wooJd like to build a4' x22.S' walkway, a 17.5' x 14' deck. and a future 14'x 14' fourseaDlpachaddition. Afterbavinga survey done it ~ found the stairs bad encroached on the adjoining lot Gina Mitchen, Associate Planner presented the iI1fonnZon as per planning report of May 19, 1994. The request is for a 9 foot south sideyald variance and a 15 foot 'a~ variarre The subject site is a 50' sulwandard lot and wa; platted under the jurisdiction of. a previous goveming body. The propa;ed construction woo.Id not encroach onto the adjacent p~ty as is now the case. Com~.rs fromDNR were to place the sidewalk on the north side ofhouse or mhx:e the 9 foot south side variance. C~ts from the ~oncrs were; walkway dimn~ons, future expansion, altemative location for walkway to decrease variance, safe ingress and egress into the I1owie, floor pIan desaibed, decrease 9 foot variance to 5 foot, and precedent has been set There are altematives to access the deck that do not require a 9 foot sideyard variance such as: relocation of the stairway, walkway, and in.~J)~tion of a remaining wall and platfonn, not requiring variances. MOIlON BY VONHOF, SECOND BY KllYKENDAU.., TO APPROVE A Nt-IbI:N (IS) FOOl' LAKESHORE VARIANCE FROM THE 75 Foor LAKESHORE SEIBACK REQUIREMENI' AND A FIVE(S) Foor SOUIH SIDE YARD VARIANCE FROMmE TEN (10) FOOf SIDEYARD SEIBACK REQUlREMENT FOR LOr 4, MAPLE PARK SHORE ACRES, 15239 FAIRBANKS TRAIL N.E. RATIONAL BEING mE LOr IS A SUBSI'ANDARD LOr OF RECORD, PRECEDENT HAS BEEN SEr, HARnSHIP IS CAUSED BYTHEAPPUCAnONOFCURRENTZONING REGULA1l0NS AND Nor lEE ACTIONS OF THE PROPERlY OWNER, mE EXISTING S'IRUCIlJRE IS SEIBACK FIVE (5) FEET FROM THE soum SIDE LOr ~ AND WOUlD Nor BE D~ TO mEHEAInIANDWElFAREOFTHENEIGHBORHOOo. Vtte taken signified ayes by by Vmhot: KuykcndaIl, Ra!ieth, Amokl, and Loftus. ManON CARRIED. ITEMm. VARIANCE. LAWRENCEHAIlIMAN Lawrence Hartman, 3582 Bmwood Circle S~. stated he is requesting a front yard variance in order to build a rambler type home on the adjacent lot This is to be a retirement home and as his wife is handicapped it needs to be ~ble for her. Gina MitcheJl, A~ate Planner, presented the iI1fonnZon as planning report of May 19, 1994. The variance requested is a 6 foot north front yard variance from the 2S foot front yard setback requirement The requested variance wwld allow the propa;ed home to be set back along a simiIar visual line as the banes on the adjacent p.lOp:rties. Due to the City's street COOSttuction project the applicant has a laIger boulevard than m.a;t of the homes and the variance woold not be noticeable. The proposal is reasonable under the circumc;tallCeS. it observes the character of the area and wooJd not be detrimental to the health and wdfare of the commnnity. eo.....rnts from the ~oncrs were on; repJ~t of trees that are lost, setback averaging, and all were in consensus of the application. MOIlON BY ROSEIH, SECOND BY VONHQE TO APPROVE A SIX (6) FOOf NORIH FRONT YARD VARIANCE FROM THE TWEN'IY-FIVE (25) FOOf FRONT YARD SEIBACK PLANNING COMMISSION May 19, 1994 Page 2 \- ... CI'l'Y OF PRIOR LAKE N lOR VARIAR:E w.J!L- f PIDt ~S - C1...l - 011-1 Existing Use of Property: . Legal Description . of Variance Site: Variance Requested: Balle Phone: ~~s:--z.g~? Work Phone: Va>-r S-.s:-~- Balle Phone: Work Phone: ?.s-'fSlS.s- . Purchase Agreement Phone: 47AL-- Present ZoniJ>J: #I~-' --I!. ~ rs D 7j:J;...~ i!1 ,fI~~~ Bas the awlicant previously sought to plat, rezone, obtain a variance or comitionaJ. use pemit on the subject site or any part of it? ~ Yes R) What was r~ested: ~~ When: . -g-- ~ 3" - '12- . Disposition: Describe the type of inl>rOllements proposed: ~ SlBMISSION Rroul..l<!MENl'S: CA)CaDpleted awlication fom. CB)Filing fee. (C)Property Slrvey indicating the proposed develo~l in relation to property lines and/or ordinaty-high-water mark; proposed building elevations and drainage plan. CD)Certified fran abstract fim, names and addresses of property owners within 100 feet of the exterior boundaries of the subject: property. CE)Canplete legal description & Property Identification ~r (pm). CF)Deed restrictions or private ~enants, if awlicable. CG)A parcel DBP at 1--20'-50' shewing: The site developnent plan, buildings: parking, loading, ~SS, surface drainage, landscaping and utility service. ONLY CCK?LETE APPLICM'IONS sw.r.. BE ~.r.w AliI) RE.VIEMD BY THE PIANNnI; CXJ.1MISSION. To the best of ~ knowledge the infoIJDation presented on this fom is correct:. In addition, I have read Section 7.6 of the Prior Lake zo. Ordinance which specifies requiranents for variance procedures. I agree to pr informatio follow the procedures as outlined in the Ordinance. ~ /b/lJr. '/. S\1tmitted tr.;~daY of ~19if/ THIS SPACE IS 'to BE FTT.T.ron OOT BY THE PLANNIR:; DIREX:TOR PLANNm; CIHfiSSION /" APPlOJED DENIm '5- /&J -&;c..f DATE OF BEM:OO CI'l'Y CCON:IL APPFAL APPlOJED DENIm DM'E OF BEM:OO ~~~/~Z~;;'~o4'[l(r/!J.t S-Jtl-t?'f --,tt;r-rl-UfJ)4() 5-dO-C?'I ~ ~-~1rector tate DESCRIPTION, Tbat pan at tb. 8outI1 IIaU at tile SoIltb IIaU at tile 10l"tIl0ut lIuarte at 8eot1on 23. 'l'owaoh1p ii', ...... U. So,," Couftt;r. H1=eaota ........1_ 00 follow., c-aq .t tile -..utb...t -.. at oa1d Soutb Holt at tile SoutbllaU at tho Iortbout, Quuotul tb_ IIorth 89 de...... 41 _. 06 .__ W..t (00_'" boarinc) olona tho .- 1,..,. at .dd Sautlt IIo1t at tho SoIltlt IIo1t at th. lo-'t Quuotu 1 dLatona. ot 761.10 t.ot 1:0 tho pojo,t at 1oo,1m1ac at tho land to 100 de.__. tbor1o. Korth 04 d._ O\l lI1Duto. " ....anda Ioat . dlatonoe at 297.00. t..". tit...... Korth 86 d....... zr aLnuto. 37 lOOond. loot . d1atonoe. at 390.10 t..tl ~. IIorth 00 do...... 2JJ &1zwto. 4, .000IId0 loot . d11_. at 118.11 t.ot. tbono. Korth 89 d....... ~ II1Avtoo l' .00anda W..t . dlatano. at 700.24 t..t ..... Ol' 1..1 to tho o...-Uno at '11<0 Lot. hol1l thIIlOI lOUtl1notvl,y al_ oa1d oonto..u... 1:0 1to LA"""ootl"" If1tb lo1cI -tb U- at tho SoIltlt Holt at tho Soutlt IIaU at tile IIo1"tbout Quuotul tbom. ...tvl,y al.... l&1dooutb 11110 1 cl1atmo. at 1123.94 t.ot 1:0 tile fOLAt at bedDniDC . 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GJ c ~ .. .. ~ \ ~ ... a : "'. ': l 1~.. ..._~ Oft..... ~. I -;1" ,.... ::: .. Q '- C--;-__. \ , \ ~ ~ . ~ o o <1 ~ C:l,.:' ~ ~ S- I " I 1 .Jd. ~ -'....40. -b.... I - ...~-~~- --~.... - -"" - ---:-"": -:. -:'.",;;-:. --~:;,~:::.::-" . _ ".-r.: ~~ :----...;;,...~.- ........:: .r /' "l'lt.l 3.ltr-, :D'd dO J "'.... .cP.o r,dJ .,. r. . \ "-' "" .. ~ // " ~ "VA11PN" NOTICE OF HEARING FOR VARIANCE 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: Thursday, May 19, 1994 at 7:30 p.m. APPLICANT: Harold Bohlen 13380 Hickory Avenue, Prior Lake. SUBJECT SITE: Approximately 26 acres of land located east of Pike Lake Trail and South of Hickory Avenue. The site is located in the SW 114 of SW 114 of the NE 114 of Section 23. See attached map for reference. REQUEST: The applicant requests a variance from the Prior Lake City Zoning Ordinance to develop one, ten acre, lot. The Zoning Ordinance permits 4 single family homes per quaner/quaner section (40 acres). There are currently 4 homes within the subject quaner/quarter section. The applicant requests a variance from Section 4.1M to allow 1 additional unit for a total of 5 dwelling units for the quarter/quarter section. IT 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 calling 447-4230 between the hours of 8:00 a.m. and 4:30 p.rn. Monday through Friday. Prior Lake Planning Commission Date Mailed: May 11, 1994 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPOR11JNITY EMPLOYER ..... . , , I..... '~~'_'.........,_......... ...."'__....__._ .._.___...........__. ~ Jj t: t: J: y J' MINUTES OF THE CITY COUNCIL Hovember 2, 1992 The Common Council of the City of Prior Lake met in regular session on Monday, November 2, 1992 at 7:30 p.a. in the City Council Chambers. Present were Malor Andren, Council.ember. Fitzqerald, Scott, White, Actinq C ty llanaqer Kuhlmann, Public WorkS Director Anderson, Planning Director Graser, City Attorney Kessel and Recording Secretary Birch. Mayor Andren called the meetinq to order and asked everyone to rise for the pledge of allegiance. The minutes of the October 19, 1992 Council meeting were reviewed by Council. Council.ember Scott no~~d on page 2 that consent aqenda item Ca) encompassed both ~e Septaber 30 and the October 12 Special City Council Meeting Minutes and only one vote was taken, however the minutes reflected that two votes had occurred. MOTION' MADE BY SCOTT, SECONDED BY WHITE, TO APPROVE THE OCl'OBER MUw.t~.4 19, 1992 COUNCIL MINOTES AS AMENDED. Upon a vote taken, ayes by Andren, Fitzqerald, Scott and White, the motion passed unanimously. Councilmember Kedrowski arrived at 7:38 p.ll. The next order of business was approval of the Consent Aqenda as ~~ follows: ~~ (a) Consider Approval of Invoices To Be Paid (0) Consider Approval of Third Quarter Budget MOTION' MADE BY SCOTT, SECONDED BY DDROWSJa, TO CONSENT AGENDA ITEMS Ca) THRO (b). APPROVE J",vo.u:.e. J-fd Q.tA.. 'Rpt.j.. ~fliLt THE Discussion occurred reqardinq a copy of Resolution 92-34. RS 92-)1, Council concurred that they would discuss the Resolution under _ Other business. Upon a vote taken, ayes by Andren( Fitzqerald, Kedrowski, and White, the motion passed unan1Jlously. Scott 4629 Dakota St S.E., Prior Lake. MInnesota 55372 I Ph. (612) 4474230 I Fax (612) 4474245 AN EQUAL OPPORTUNITY EMPtOVER 't i. I. The next order of business vas: Consider Approval of Proclamation For Minnesnta,,'Ji'aJt:th,Week. Loren Novak, Chemical Health Coordinator tor Scbool'District 719, and Angel O'Lauqblin, representative tor Mothers Aqainst Drunk Drivinq and Students Aqainst Drunk Drivinq, vere present to promote Minnesota Chemical Health Week. Mayor Andren presented Mr. Novak vith a Proclamation declarinq the veek of November 13 - 20, 1992 as Minnesota Chemical Health Week in the city of Prior Lake. The next order of business vas Presentation from Bill Rudnicki, Mdevakanton Sioux C01IDlunity Bnqineer. Hovever, due to the fact that Mr. RUdnicki was not present the next orctcr ot bu.iness was: Consider Harold Boblen Variance Appeal. City Planner Gras~r presented an overhead of the area and reviewed detail. of the application. Mr. Graser noted that the planninq C01IDlission bad qranted Mr. Bohlen a variance to allow one additional residential unit. Mr. Bohlen addressed the Council and explained bis reasons for requestinq a density variance to develop four additional units for his 26 acra site. Extensive discussion occurred on lot sizes Metropolitan Council restrictions in a rural service area, size of the proposed lots, pr.cedence setting and other pertinent facts associated vith the request. MOTION MADE BY XEDROWSla, SECONDED BY FITZGERALD, TO UPHOLD THE PLANNING COMMJ:SSION' S FIHDING OF FAC'l' AND VARIANCE DENIAL FOR HAROLD AND JUDY BOHLEN'S REQUEST TO DEVELOP FOUR ADDITIONAL RESIDENTIAL UNITS ON THE 26 ACRE PARCEL.; Upon a vote taken, ayes by Andren, Fitzqerald, Kedrovski, Scott and White, the motion passed unanimOUSly. The next order of business vas: Presentation from Bill Rudnicki, Shakopee Mdevakanton Sioux C01IDlunity (SMSC) Engineer, R~ardinq The SHSe'. Plans tor Sewer Extension and eonatruction of a Fi tness and Recreational Center. Mr. Rudnicki presented a model of the SMSC's proposed Fitness and Recreational Center and discussed concepts for sever and vater connection to the facilitI. Extensive discussion followed reqardinq SAC unit availab lity and al.location, the City'S policy reqardinq sever and vater connections out of the City'S jurisdictiun and other details relatinq to the proj ect. Mr. Rudnicki stated that the SMSC Council is currently discussinq the plan and he will convey a proposal to the Prior Lake City Council vhen appropriate. Councilmembers concurred that additional information vill be necessary reqardinq the entire project before further discussion can be held. Cltt1Jlli.aU. Hea.Uh. (,lied. :. fJ JUJe.l.tJmtu HQ/~oJ.d &h1.tUl Vcuiance ;- .. DW4/. :: 0(. ,~ &h1.m : . Vcu.itznCe ~, SMSC :;. F UneM' and. Reuea.t.io CefLteA. - A short recess vas called . The meeting reconvened at 9:10 p.m. The next order of business vas: Discuss 1993 Projects: A. Consider approval of Resolution 92-36 Authorizinq ~~:h~ Preparation ot Peasibility Study tor 1993 Projects.; Actinq City Manaqer Kuhlmann discussed the proce.s and rOIf. stated that the purpose of the discussion was to .olicit 199J ,_ direction from the Council. Public Worka Director '1f.O~~ Anderson presented the proposed 1993 Capital Projecta and briefly reviewed the individual projects for Council discussion. Issues such as priority status, financinq, 2 4". ~,o~"~....._",,.;'^ -11"",,,,,,.,4 '_'_'_~'_""_"_"'_"'_'_'_ .. ..