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HomeMy WebLinkAbout8A Variance Appeal by Carney AGENDA #: PREPARED BY: SUBJECT: DATE: 8(A) GINA M. MITCHELL, ASSOCIATE PLANNER CONSIDER VARIANCE APPEAL REQUEST FOR ADRIENNE CARNEY SEPTEMBER 6, 1994 INTRODUCTION: On August 11, 1994, a written request for an appeal of the denial of a variance request by the Planning Commission to construct a three season porch and deck in the location of an existing deck was received from Adrienne Carney. DISCUSSION: The applicant requested the Planning Commission to grant a 2.77' west side yard variance from the 10' side yard setback requirement. The Planning Commission discussed the item and ultimately denied the variance request four to one. The following facts were cited: 1. The home was built under the jurisdiction of the City of Prior Lake. The side yard setback requirements of the Zoning Ordinance have been reduced since construction of the home from 15' to 10'. 2. Approval of the variance would legitimize a location established by the existing deck that was built without a building permit, according to the records on file at the City, which could set a negative precedent in the community. 3. The variance hardship standards of the Zoning Ordinance have not been met. Four members of the Planning Commission felt that approval of the proposed variance could not be granted independently of the existing conditions because the applicant has a lot that exceeds the minimum standards of the Zoning Ordinance in area and width. Commissioner Loftus opposed the motion stating that he felt the Planning Commission may have granted a variance to a property on Northwood Road which involved an existing condition that was created without a permit. Attached please find the application, staff analysis, and Planning Commission Minutes of August 4, 1994. ALTERNATIVES: 1. 2. 3. ACTION REQUIRED: De APPROVED BY: 4629 Dakota S1. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER .<~.c.._ c <.c<c..T"<<...-""'T""'..........~-_._...... w&:l-;J.7 PIDt 2CS -Oh4 =D05 - 0 CITY OF PRIOR LAKE APPLICATION FOR VARIANCE ~;=t: ;t^;[:J~EOt!f(t4:s~ Property Owner: SIfN~ Address: StUd-~ Type of CMnership: Fee X Contract Consul tant/Contractor: Home Phone: hP -~.l/761. at. 7 Work Phone: Home Phone: SII-N E,; Work Phone: Purchase Agreenent Phone: ~~~ . S of proper'cj:'~51{JF AJIt/fi.' SjAJ6tE -FjMIJ..Y 1Io#E..- Present Zoning: /<-1 [) Legal Description of Variance Site: ~ ~~ ~tf-~n Variance Requested: ;2,77 F'a:;"f StJ)E y,;",ej) VI1J('//f,.u<?..E- Has the applicant previously sought to plat, rezone, use permit on-the subject site or any part of it? What was requested: When: Disposition: obtain a variance or conditional Yes )C N:) ('\ 0~ ~~~~: ~ (A)Completed application form. (B)Filing fee. (C)Proper'cj SUrvey indicating the proposed developnent in relation to proper'cj lines and/or ordinary-higlrwater mark; proposed building elevations and drainage plan. (D>Certified from abstract firm, names and addresses of proper'cj owners within 100 feet of the exterior boundaries of the subject proper'cj. (E)Complete legal description & Property Identification Number (pm). (F)Deed restrictions or private covenants, if applicable. (G)A parcel map at P-20'-SO' showing: The site developnent plan, buildings: parking, loading, access, surface drainage, landscaping and utility service. ONLY COMPLETE APPLIaTIONS SHALL BE ACCEPl'ED AND REVIEWED BY THE PLANNIN:i a::MMISSION. 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. t7"f}./;4.$Y.f)11:' (h M?!y Applicants Signature SUbmitted thisaa..day of :rv'~Y 192j1' ~ ~ 7U.-{! ~ ~~~gnatur;Z~ THIS SPACE IS 'lO BE FILLED OUT BY THE PLANNIN:i DlREO'OR APPROlED APPROlED X DENIED DENIED B-lf -'1+ DATE OF HEARIN:i DA-TE OF HEARIN:i PLANNI~ a::MMISSION CITY COUN:IL APPEAL CONDITIONS: Signature of the Planning Director Date ... --- ( t::.CJ ,;, :./,L.' I, -t.-'t-- f. )' -...--(,.IIf_, ',17/' I :",: (/11 ~., ~, r- !1J-; Adrienne Carney 4960 Rutledge St.S.~. Prior Lake, Mn. 55372 August 11, 1994 Prior Lake City Council: I would like to be placed on the agenda 0: the City Council meeting to appeal the decision of the pl~nning commission to deny my request for a 2.77' side yard setback variance Sincerely, PLANNING REPORT AGENDA ITEM: SUBJECT: PRESENTER: PUBLIC HEARING: DATE: 2 CONSIDER VARIANCE REQUEST FOR ADRIENNE CARNEY GINA MITCHELL, ASSOCIATE CITY PLANNER _YES XNO AUGUST 4, 1994 INTRODUCTION: The Planning Department has received a variance application from Adrienne Carney of 4960 Rutledge Street SE. The applicant is requesting the Planning Commission to approve a 2.77' west side yard variance from the 10' side yard setback requirement to construct a 12' x 14' three season porch and a 12' x l2' deck addition in the location of the existing deck as indicated on the attached survey. PHYSIOG RAPHY: The subject site is approximately 200' wide and 275' deep, containing over 1 acre, approximately 55,000 square feet of lot area. A hill exists in the rear of the lot and the site slopes to Rutledge Street. There is quite a difference in elevation from the rear of the lot to the front. Exact elevations were not given on the survey, however an estimate from the topography maps indicate the rear of the lot is approximately 25' higher than the front. The majority of the vegetation on the eastern half and the south third of the property consists of volunteer growth. There are no significant trees that will be effected by the proposed deck or porch addition. ADJACENT USES: The subject site is located on the south side of Rutledge Street. Registered Land Survey No. 39 was platted within Eagle Creek Township in 1967 into three tracts, and annexed into the City of Prior Lake in 1973. These tracts have since been divided resulting in parcels of varying size. The majority of the homes in this area were built after annexation with building permits granted by the City of Prior Lake. There are no record of variances granted to any of the parcels, nor is there a record of a building pem1it for the existing deck on file at City Hall. PLANNING CONSIDERATIONS: A home was built on the subject site by the applicant in 1974, within the City of Prior Lake, meeting the l5' side yard setback requirement of the Zoning Ordinance in effect at the time of the building pem1it. At some time after 1974, a deck was built in the location of the proposed porch and deck addition (see attached survey for the location of the existing deck). The City has no record of a building pem1it being issued for the existing deck which was built 7.23' from the west side property line. The proposed additions will not encroach further into the west side yard than the existing deck. If the existing deck had been built 7.23' from the side property line w:i.Qr to annexation into the community, the setback would be considered a legal non-confom1ing setback and the deck would be "grandfathered" in. The Planning Commission has often granted variances for grandfathered situations because is considered a hardship that the structure was built to a another government's standard which is different than today's zoning requirements. This situation is different because there is no record of a building pem1it being issued for the existing deck which does not meet the west side yard setback requirement, and the hardship is a result of a property owner, not the Ordinance or the City of Prior Lake. Approval of the variance would legitimize a situation that is not pem1itted by the Zoning Code. 4629 Dakota S1. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER T . 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 #3. Variance Hardship Standards: 1. Literal enforcement of the Ordinance would result in undue hardship with respect to the property. This home was built under the jurisdiction of the City of Prior Lake. The side yard setback requirements of the Zoning Ordinance have been reduced since construction of the home from 15' to to'. 2. Such unnecessary hardship results because of circumstances unique to the property. There are no circumstances unique to this property. There are alternatives such as reducing the size of the porch and deck, or relocating the proposed additions which would eliminate the need for a variance. 3. The hardship is caused by provisions of the Ordinance and is not the result of actions of persons presently having an interest in the property. The hardship is not caused by the Ordinance, but rather by a private property owner since there is no record of a building permit being issued for the construction of the existing deck. 4. The variance observes the spirit and intent of this Ordinance, produces substantial justice and is not contrary to the public interest. Approval of the variance as requested would legitimize a deck that was built without a building permit, according to the records on file at the City of Prior Lake. ITEM II . ADRIENNE CARNEY . VARIANCE Adrienne Carney. 4960 Rutledge Street SE. stated she is applying for a variance to build a three season porch and a deck The existing deck would be removed and the new construction would be in the same location. The applicant stated her husband built the house and the deck was on the house when she moved into the home in 1974. Gina Mitchell. Associate Planner presented the information as per planning report of August 4. 1994. The subject site is 200 X 275 feet. containing over 1 acre and was platted under Eagle Creek Township. There are no record of variances nor a record of a building permit for the deck. Had the deck been built prior to annexation into the comrrnmity. the setback would be considered a legal non-confonning setback and would be grandfathered in. The building permit was issued in 1974 and showed no plans for a deck. Comments from the Commissioners were; define lot lines. demolition or repair of old deck. no building permit for deck was issued. adverse possession, reduce size of porch. the hardship criteria has not been met. and precedent may be set if granted. Commissioner Loftus felt the variance should be granted as the deck has been in existence for 19 years and referred to a situation on Northwood Road. Scott Carney. son of the applicant. gave an explanation of the proposed addition. Leslie Meninan, Edina Realty. stated a similar situation with one of her clients. Blair Tremere, Prior Lake Planning Consultant. explained a legal procedure of ex post facto variances and options available to the Commissioners. MOTION BY KUYKENDAlL. SECOND BY ROSEIH. TO DENY THE 2.77 FOOT WEST SIDE YARD VARIANCE FOR 4960 RUTLEDGE STREET SE. RATIONAlE BEING THE REQUEST DOES NOT MFETTHE HARDSHIP CRITERIA AND A PRECEDENT MAY BE SET Vote taken signified ayes by Kuykendall. Roseth, Arnold. and Vonhof. Nay by Commissioner Loftus. rationale being that he believed a similar variance was approved to a property on Northwood Road. MOrrON CARRIED. Deb GalTOSS stated there has been a request from Scott Clements of the David Carlson Company, if the Planning Commissioners would consider a special meeting for side yard variances on units in the Sterling North at The Wilds. Consensus from the Commissioners were not in favor of a special meeting. MOTION BY LOFrUS. SECOND BY KUYKENDALL, TO ADJOURN THE MEETING. Vote taken signified ayes by Loftus. Kuykendall. Arnold. Vonhof, and Roseth. MOTION CARRIED. The meeting adjourned at 8:45 P.M. The tape of the meeting is on file at City Hall. Deb Gan'oss Assistant City Planner Rita M. Schewe Recording Secretary PLANNING COMMISSION August 4. 1994 Page 2 ".. .. o.::l.C..... L..IO~~ CI)~LyU ::)<(-J l.LJ(I)Q)~ r:ol,U-- OCljCl)~ t-OZLy (I)~~:J: -:)CI)(/) C)a..~Ly ZLy U ~U""~ <{~OQ:" Q:"LuZ:) O<1:(f)U (/)~_U - , ''It :rI4J)o. t-ct:.... --. ~ .. ~-, ! I r .."__ _. --. -:',t , . I I ~ , - Co) o ~ \- l \ ~ J tt CD - u "', ", I 1(:) I ~I ..~ ' ... I ~J . !!:--- - -- ~. J. _ ~. .. <:OJ {,'J ..- I ....- -- '" ..... t.- : .........'. "'" ~ -....,.' / ), 8/ / <1.1 ) ~s / /9r~// ! / / co W I- - tJ) U w ..., m :) tJ) W o Z c:( lE ~ > W z a: (j I / ...,..--.. .~=- -S ./Ia,~ '., 1 "1 S)l~O 3~l I I .. , \1.1 os. 4- JeD '" ~N 010 -- ~. a..'it, '5~ ,.. l- V /' ..... ~ . - ...~\ .. \... .~... .-'" '.' .... '.' -..: ~ z ~~ , , !:i: >- 0 '" !! '" ... .. .J .. 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Auellor VILLAGE OF PRIOR LAKE SCOTT COUNTV PHONE. ....7,3768 APPLICATION FOR BUILDING PERMIT Date ---10 2:1 - 74 _ ~ ( " Permit No. ----1ll Property Owner ~__D--LUrNij Addre~s !liJ~.AI;/1i11A V_"'_L:~ " Phon~ Z') ')- " 0 J.1. Applicant -. -'-:..- -A -If,,j: --'- Address. 1/ -- Phone ----- Contractor _ ._,.'rf fY- ..1--=-_ Address _._____., Phone ___ /v'. ~E~'i-~ OE~C~IPTJON-?F ~RO~R~VZtt~hJ..Qt Pla_"l /J __ /), ~~ ------'-"'-.t:-vL" tL--,_t~~lL.'r-I_ I.Vw<:.r /-:f-,/.-~.J~-,- ... c " ~ C-' -----..-,-. - -----...-, ,.- .- .. ,___.. --....----1.:--. . . _ __ ., Characteristics: Zoning District (check box) Residential:ID Commorcilll: 0 Industrial: 0 Other: 0 (Spe,CifY) __ u. .... ____ Lot size:~ ;1, Ft.: _ Width at Building Sel bock line: . __ Depth of Lot:~._ Side yard is jc,-.and.:l3_feet. Rear yard is _ i9.s- _ ft. Front yard is 1l2- ft. Building setback from state or county highway is.... ._._____ feet. Building will be located ___ feet from septic tank. (Sewage permit requirl'd). ~uilding will be located ____ feet from soil absorption system. Type of improvement - l('1 New Building ( ) Alteration ( ) Repair ( ) Move ( ) Other Residential proposed use - )Xi One family '( ) Multiple dwelling. ._units ( ) Other Size ____ Non Residential proposed use - Specify __"___ .'.)r') C"ct' ,. Estimated Building Costs of Improvement - $ -!..~r--~-- IOMIT CENTSI Principal type of frame - ( ) Masonry ~ Wood Frame I ) Structural Steel ( ) Other. specify Type of sewage disposal - ~ Public ( ) Individual Sewer system approved _.__ Sewer system conditional __ (SEE SEWER APPLICATIONI Water Supply: ()(J Public ( ) Individual well Dimensions - Basement IX. Ves (I No Stories above basement J Sq. Ft. (OUTSIOE DIMENSIONSl .:l. '1 )( t/ 'I Bedrooms ,1-_ Baths ~ Heating: ( I Electric pc::) Gas ( ) Oil ( ) None (I Other: ( ) Fireplace How many ~ Mechanical Air Conditioning ( ) Ves ~o ( I Central () Unit ~f Roof: I(J r AIr........" I hereby Cll<tily thll Ihl Inlormotion con loin'" herein I. correct Ind "'" 10 do I'" .....-d _ In _d_ wltlll'" dncrlptlon _ 101 forlh Ind occordh 1 10 Ih. p.....I.lon. 01 lhe ordlnen... 01 Prior Llkl, Mlnn...lo. I lurther _ tIl.. _ pl.... _ ~f1...1on1 ..bmlmcl _llh ....n becoml I per' ~I Ihl. permll _lIeollon. I II.. unde...ond lhel 'hl~~"'rzl _t',' """.1.... De.", I'D - ~'J. Cf - 'J 'I UfO 01 Owner ~ Fees Paid: Building Permit Sewage System Water System Sub-total Sub-total Sub.total $ $ $ /41 ~ $ J33':- . $ $ Surcharge $ / t, Q:2... Surcharge $ Surcharge $ Metropolitan Service Availability Charge. . . . Park Fee Dedicated to purchase and maintain Public Parks If fee is waived. why? $ $ '5 Of) ,~ /,., O~ I TOTAL CHARGE $ ~Jfo; ~ 8 --1h...LJI!. ~i~< y VILLAGE CLEAt< ".)' Application Inr permit shall be accompanied by: 3 copies of a lot plan 2 copies of building plans 2 copies of specifications Four inspections will be required 01 which thl! contractor shall notify the !luilding Inspector. 1st . footings before covering 2nd. framing 3rd . dry Will or pll.ter 4th. final. whln building is compl..1 but before occupamy. .. ~a"e~.~!:::erin9 CO"P"!.~~"Mln_. 55372 I I .- ..~ - \ \ \ . Il\ II'l I I I ~ N (0 r I , ......."1 . I ,....... \ ... " Sk~.,.~h ~(....~~ "c~ C .rr:" ,'" I', \.' .. \ ~ " \ / ...,. TWP -- ~OO.oo -- RO""D ... ,. \ " \ }I'\. ~, ~ I' I. ), I . I . '. ~..~ .....- ,~.. :_~ t:; ,""-1 II 8, ~t -., -- -- )'l "<<\ , ..... <. <\:~./ ,~ / I I '. -, ,.- ~ .- " ,'L.. ,.' \""J' \ /......\ \~ ~ ,_: \ W I )0, , \ tfI Il\ I I ,.. (0 ~ (II ,-.. I - \ A I " ~ ~_.) . .."..,., \ -' r , I.,~ Scale - '/ ~ ~ ... ~ "VA27PN" 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, AUGUST 4,1994 Time: 7:20 P.M. APPLICANT: Adrienne Carney SUBJECT SITE: 4960 Rutledge Street SE The West 200' of the East 370' of Tract A, Registered Land Survey No. 39, Scott County, Minnesota, files of the Registrar of titles in and for said county and state. The northerly 33' to be used for road purposes. REQUEST: The applicant proposes to construct a 12' x 14' three season porch, and 12' x 12' deck in the location of the existing deck, as indicated on the attached survey. In order to construct the porch and deck as proposed, the applicant requests that the Planning Commission grant the following variance from the requirements of Prior Lake Zoning Ordinance 83-6: A 2.77' west 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 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 21. 1994 4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER