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
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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:)
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~~~~: ~
(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
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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
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V,lIow . Own."
Blul . 'OIPlelor
Pink. 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~-,-
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-----..-,-. - -----...-, ,.- .- .. ,___.. --....----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.
..
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"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