HomeMy WebLinkAbout7E - Shiffman Variance Appeal
AGENDA #:
PREPARED BY:
SUBJECT:
DA TE:
INTRODUCTION:
ANAL YSIS:
ALTERNATIVES
RECOMMENDA TION
ACTION REQUIRED:
STAFF AGENDA REPORT
7E
R. Michael Leek
Associate Planner/Acting Assistant Planner
Consider Approval of Resolution 96-42 Denying a Variance
Appeal by John Schiffman of Planning Commission
Decision in Case 96-015
May 6, 1996
On March 25, 1996, by Resolution 9608PC (a copy of which is
attached) the Planning Commission denied the request of John
Schiffman for an 80 foot lakeshore variance to permit a
setback of 70 feet instead of the required 150 feet on property
located in the A 1-Agricultural and SD-Shoreland districts. Mr.
Schiffman sought the variance to allow the construction of an
additional garage measuring 22' x 26'. Mr. Schiffman appealed
the denial by the Planning Commission.
Mr. Schiffman's rationale for the proposed garage location is
set forth in his one-page statement submitted with the original
application, and included in the attached report. Essentially, he
argues that the proposed site is the only feasible one because
of additional costs which might result if other, legal sites were
utilized. He further states that the proposed site is the best
aesthetic choice.
The Commission concluded that reasonable use of the
property currently exists, and thus that there is no undue
hardship to this property owner.
1. The City Council may uphold Mr. Schiffman's appeal of the
Planning Commission's denial of his request for variance.
2. The City Council may uphold the denial by the Planning
Commission of Mr. Schiffman's request for variance.
16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
Ai\ EQL\L OPPORTLi\ITY E:-!PLOYER
RESOLUTION 96-42
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL
DENYING A VARIANCE APPEAL BY JOHN SCHIFFMAN
OF PLANNING COMMISSION DECISION IN THE MATTER
OF REQUEST FOR VARIANCE, CASE NO, 96-015V A
MOTION BY: SECOND BY:
WHEREAS, the Prior Lake City Council conducted a hearing on the 6th day of May,
1996, to act on an appeal by John Schiffman of the Planning
Commission's denial of a request for lakeshore setback variance for
property legally described as Lot 2, Block 1, HOWARD LAKE
ESTATES, Scott County, Minnesota; and
WHEREAS, the City Council finds that the request for variance does not meet the
standards for granting variances set forth in the City's Zoning
Ordinance at Section 7.6(C)(1-4), and that the appellant has failed to set
forth adequate reasons for overturning the decision of the Planning
Commission; and
WHEREAS, the City Council has determined that the Planning Commission's
decision denying the request for variance was appropriate and
consistent \vith the Zoning Ordinance.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR
LAKE, that it hereby upholds the Planning Commission's denial of the request of John
Schiffman for variance.
Passed and adopted this 6th day of May, 1996.
YES
NO
Andren
Greenfield
Kedrowski
Mader
Schenck
Andren
Greenfield
Kedrowski
Mader
Schenck
{ Seal}
City Manager
City of Prior Lake
16200 ~~~2f{ Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
A:.I EQLAL OPPORTC0iITY E~tPLOYER
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
SITE:
PRESENTER:
REVIEWED BY:
PUBLIC HEARING:
DATE:
4F
CONSIDER VARIANCE FOR JOHN SCHIFFMAN
15220 HOWARD LAKE ROAD NW.
R. MICHAEL LEEK, CITY PLANNER
DONALD R. RYE, PLANNING DIRECTOR
YES -X- NO
MARCH 25, 1996
INTRODUCTION:
The Planning Department received a variance application from John Schiffman. Mr.
Schiffman wishes to construct a 26' x 22' garage on the subject property to house a
couple of cars which he has inherited. The notice that was originally sent incorrectly
stated that the requested variance would result in a setback of 14 feet; the request would
in fact result in a setback of 70 feet instead of the required 150 feet for Howard Lake,
which is a Natural Environment Lake. A corrected notice was mailed on Nlarch 18, 1996.
DISCUSSION:
The subject property is zoned Al - Agricult:ural, and is located in the SD - Shoreland
District. The existing house was constructed in 1962, prior to the annexation of this area
in 1973 from Eagle Creek Township. The subject site is a part of Howard Lake Estates,
which was platted in 1982. The subject property is "L" or "flag" shaped \vith a relatively
narrow (85.94' wide) access from County Road 82. Howard Lake forms the southern
boundary of the property; a large pond to the North partially covers the property on the
North. The drive\vay loops past the existing garage and house, and surrounds a low area
which is occupied by a tennis court.
Mr. Schiffman was granted a variance in 1992 from the then-200' lake shore setback
requirement (the current setback requirement is 150 feet) to permit a lakeshore setback of
63 feet in order to allow the construction of an addition to the then-existing garage. The
setback established by that variance is not used in the present case because the language
of the Commission's approval motion specifically limited the variance to the addition
proposed at that time. Copies of the application, staff report and minutes relating to that
variance are attached to this report for the Commission's information. In granting the
previous variance the Commission's rationale included;
. "...the requested site would not require removal of trees...",
16200 ~8~e'&xceW~ve. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
A:\ EQLOAL OPPORTL:--<ITY E:\IPLOYER
. "...it would limit the amount of excavation...",
. "... it meets the spirit and intent of the Ordinance and is not detrimental to the
health and welfare of the community."
None of the stated reasons for granting the previous variance are contained in criteria 1 -
3 for granting variances.
Variance Hardship Standards:
1. Literal enforcement of the Ordinance would result in undue hardship with
respect to the property.
This criteria goes to whether reasonable use can be made of the property if the Ordinance
is literally enforced. It also goes to whether the applicant has legal alternatives to
accomplish to the requested variance. Arguably, Nlr. Schiffman already has reasonable
residential use of this property insofar as it is developed with a house and 3-car garage.
In addition, while it is understandable why Nlr. Schiffman has chosen the proposed
location. it appears that there are other, legal alternatives which he could consider. This
same point is raised in the letter from Pat Lynch of the DNR.
2. Such unnecessary hardship results because of circumstances unique to the
property.
Because staff has concluded that literal enforcement of the Ordinance \vould not result in
undue hardship, this criteria is, de facto, not met.
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.
Because staff has concluded that there would not be an undue hardship if the Ordinance
were literally enforced, this criterion is not met. The property does have many unique
characteristics which have been described above and can be inferred from the attached
survey.
4. The variance observes the spirit and intent of this Ordinance, produces
substantial justice and is not contrary to the public interest.
AL TERL"lA TlVES:
1. Approve the variance requested by the applicant, or approve any variances the
Planning Commission deems appropriate in the circumstances.
2. Table or continue discussion of the item for specific purpose.
9615VAPC.OOC
2
3. Deny the application because the Planning Commission finds a lack of
demonstrated hardship under the Zoning Ordinance criteria.
RECOMMENDA TION:
Because staff has concluded that reasonable use of the property currently exists, that legal
alternatives exist to accomplish the applicants' objective, and thus that the Ordinance
criteria are not met, staff recommends Alternative No.3.
ACTION REOUIRED:
A motion adopting Resolution 9608PC.
9615V APC.DOC
3
CITY OF PRIOR LAKE
APPLIC.~ION FOR VARIANCE
'~Applicant: -.To IT J\J .s c H- } F FM .JrtJ ~
Address: L:~tl C - HCI.IJ~t~ ~+tt" {( .~~ r.J !~.., s }t~oi~. tf1w
Property Cwner: S ~It' t'
Address: I ·
Type of Cwnership: Fee Contract
Consultant/Contractor: L-V-e.r~}("j C.OfJJ 1-
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PID#lc.;-~- CC ~-C
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Home Phone: f '.=
Work ?hone:
Heme Phone:
Work Phone:
Purchase Agreenent
Phone:
Existing Use
of Property: K f J !),tV~~'-
Legal Description ., /) ) K'. I
of Variance Site: 1- c -r ~ 1)..-
Variance Requested: 1-3' I '-- -A.K ( -: ~ J ~
Present Zoning:
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Has the applicant pr~liously sought to plat, rezone, obta ; n a '7ariance or conditional
use p:r:nit on t~e si.:.bject si~e o~ ~y. .~rt ,of ~t? X Yes ~
wr..at was r~~ested: 13 7 lrrKt'_~1.(;t _ \,/ AJ ~I-.,_ e
r.n.. - . '"" tf# J. ~. .. .
't'lHe."1: -...J ',,' \.. j)". , r- D1SI=OSl t~cn:
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Describe the t:.~ of irnprcvenents prot=Osee:
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&.1EMI SSION R...t:"Cu~REMD1rS:
(A)Ccmpleted aH'licaticn foen. (B) Filing fee. (C)Prcp:rty Surley indicating the
proposed de~lelopne..'1t in relation to prop:~ty lines and/or orcinari-hig1r-water mark;
prc!;X)sed building el~lations ar:.d dra~.age plan. (D)Certified frcrn abstract firm,
names and addresses of prop:rty owners witl1in 100 feet of the e..~erior l:oundaries of
the subject prop:r::y. (E)Ccrnplete legal cescrip:ion & Prop:r::y Identification Numl:er
(PID). (P)Deee restrictions or private cover-.ants, if aH'licable. (G)A parcel nap
at 1"-20'-50' shcwir:g: The site developnent plan, buildL-:gs: parkir..g, loadir:g,
access, surface drair.age, landscapir.g and utili~f serlice.
ONLY CCMPL~:;.l.'=. APPLICATIONS SHALL BE ACCSPI'ED P-_ND REVIE;~l:D BY 'l';i~ pr.....ANNI~ CC~.ISSION.
To the best of my kncwledge the information presented on this foen is correct. In
addition, I have read Section 7.6 of the Prior Lake Zcn~g Ord~"1ce which specifies
requirene."1ts for variance procedures. I agree to prov ide infor:nation and follcw the
procedures as outlined in the Ordinance. Q.. I C~ ~../ /Q , , ~
111,'\.. . v/St'''l '1~~
Apo icants Signat~ _
THIS SPACE IS 'It) BE FILLED au"'!' BY THE PIA'iNI
SUbmitted this 2fe....day of ,;:{h~19:%>
FT....ANNnKi <l:MMISSION
CITY comr:IL APPEM.
<:nNDITIONS:
APPWlED
APPROVED
DENIED
DENIED
DATE OF HFARI~;G
mTE OF HFARI~r;
Signature of ~~e PlannLr.g Director
Date
C'_"'_'__~'_~.~""'"<___"__'._M""_'___~~""",,,"""""__''''"_''''''''_"'.-................
TO: City of Prior Lake
FROM: John Schiffman
SUBJECT: Property owners rationale of meeting the 4
standards of variance granting.
1. Literal enforcement of the Ordinance would result in
undue hardship with respect to property.
A. Property consists of large 4.6 acre parcel. Storage
and auto garage space is needed because of additional
licensed drivers in family. Harsh winters are not
condusive to keep vehicles outside. Lot lines or
adjacent neighbors homes would not be encroached with
new garage. Garage would not even be visible to
neighbors.
2. Such unnecessary hardship results because of circum-
stances unique to the property.
A. Requested site for new garage is the ~ feasible
area on the 4.6 acres to build structure due to land-
scape, trees, current house location, marsh and pond
areas. Also, requested site is only are~ that is
esthetically proper for new structure to be built.
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.
A. Variance applicant is 3rd owner of property and
had no input of the original site development,
landscape or existing structures.
4. The variance observes the spirit and intent of this
Ordinance, produces substantial justice and is not
contrary to the public interest.
A. Adjacent homes have received variances for new
construction. Normally, large parcels such as
this (4.6 acres) would have multiple areas to
construct needed buildings. This parcel 2nlY
has ~, through no fault of the owner. No
harm to the environment would result, neighbors
would not be negatively affected, and trees or
landscape would no be significantly altered on
proposed site.
-----
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ORDINARf H/GW WATEq
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..: ARD LAKE ES TATE S, o.c:c:ording to the plo. t the '-eof on file
::r-der Sco-tt Coun~y Mn. described QS follows:
-?" of SQid lot 2~ thence on Qn QssuMed beo.r-;ng of South
_ _ -: _ _ _ _ ~ _ _ :> -,: 2 c:: ., ,'. : -:- ~ ~ . ~ '" e ~ Cf'>> Sou"t r 16 .,
96-015VA
",-",-~-~,",",..,. ."""""'''''''._-.._;.....,_..."......''''''......"'~.~~_.;"....~~_.,,~--..............
NOTICE OF HEARING FOR A 136 FOOT LAKESHORE SETBACK
VARIANCE TO PERMIT A SETBACK OF 14 FEET INSTEAD OF THE
REQUIRED 150 FEET RELATED TO THE CONSTRUCTION OF A 26' X 22"
GARAGE ON PROPERTY LOCATED IN THE AI-AGRICULTURAL
AND SD-SHORELAND DISTRICT
You are hereby notified that the Prior Lake Planning Commission will hold a hearing at
Prior Lake Fire Station #1. located at 16776 Fish Point Road SE (Southwest of the
intersection of C.R. 21 and Fish Point Road), on: Monday, lVlarch 25, 1996, at 7:00
p.m. or as soon thereafter as possible.
APPLICANT:
John Schiffman
15220 Howard Lake Road NW
Shako pee, Nlinnesota
SUBJECT SITE:
Lot 2, Block 1, Howard Lake Estates, Scott County, Nlinnesota,
also known as 15220 Howard Lake Road.
REQUEST:
The applicant proposes the construction of a 26' x 22' garage. The
proposed garage would result in a lakeshore setback of 14 feet
instead of the required 150 feet.
The Planning Commission will review the proposed construction and requested variance
against the following criteria found in the Zoning Ordinance.
1. Literal enforcement of the Ordinance would result in undue hardship with
respect to the property.
2. Such unnecessary hardship results because of circumstances unique to the
property.
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.
4. The variance observes the spirit and intent of this Ordinance, produces
substantial justice and is not contrary to the public interest.
If you are interested in this issue, you should attend the hearing. 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. The Planning
1
16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTt.:Nrri E:.1PLO'x'ER
Commission will accept oral and/or written comments. Oral or written comments should
relate to how the proposed construction and requested variances are or are not consistent
with the above-listed criteria.
Prior Lake Planning Commission
Date Mailed: March 7, 1996.
2
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CORRECTED
NOTICE OF HEARING FOR A 136 FOOT LAKESHORE SETBACK
V.ARlAi'ICE TO PERMIT A SETBACK OF 70 FEET INSTEAD OF THE
REQUIRED 150 FEET RELATED TO THE CONSTRUCTION OF A 26' X 22"
GARAGE ON PROPERTY LOCATED IN THE AI-AGRICULTURAL
AND SD-SHORELAND DISTRICT
You are hereby notitied that the Prior Lake Planning Commission will hold a hearing at
Prior Lake Fire Station # 1, located at 16776 Fish Point Road SE (Southwest of the
intersection of C.R. 21 and Fish Point Road), on: i\'londay, i\'larch 25, 1996, at 7:00
p.m. or as soon thereafter as possible.
APPLICAl'IT:
John Schiffman
15220 Howard Lake Road NW
Shakopee, i\1innesota
SUBJECT SITE:
Lot 2, Block 1, HO\\iard Lake Estates. Scott County, ivlinnesota,
also knO\vn as 15220 Howard Lake Road.
REQUEST:
The applicant proposes the construction of a 26' x 22' garage. The
proposed garage \\iould result in a lakeshore setback of 70 feet
instead of the required 150 feet.
The Planning Commission will review the proposed construction and requested variance
against the follo\ving criteria found in the Zoning Ordinance.
1. Literal enforcement of the Ordinance would result in undue hardship with
respect to the property.
2. Such unnecessary hardship results because of circumstances unique to the
property.
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.
4. The variance observes the spirit and intent of this Ordinance, produces
substantial justice and is not contrary to the public interest.
If you are interested in this issue, you should attend the hearing. Questions related to this
hearing should be directed to the Prior Lake Planning Department by calling 447-4230
9615P~2.DOC I
16200 ~e Creek Ave. S.E.. Prior Lake. Minnesota 55 )72-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
A:-i EQL',-\L OPPOETL\[TY E),IPLOYER.
between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. The Planning
Commission will accept oral and/or written comments. Oral or written comments should
relate to how the proposed construction and requested variances are or are not consistent
with the above-listed criteria.
Prior Lake Planning Commission
Date Mailed: March 18, 1996.
9615PN2.DOC
RML .'
2
~~T~T~@U~
1\1 DEPARTMENT OF NATURAL
Division of Waters, 1200 Warner Roa~ St ?:lul,.MN 55106
PHONE N172-7910
FILE NO
March 13, 1996
Mr. Michael Leek
City of Prior Lake
16200 Eagle Creek Avenue S.E.
Prior Lake, Minnesota 55372
RE: VARIANCE REQUESTS, HOWARD LAKE (SCHIFFMAN) AND PRIOR LAKE (TREMAINE)
Dear Mr. Leek:
I have reviewed the materials sent to me relative to the two subject variance requests which will be considered at the March 25, 1996
Planning Commission meeting. I offer the following comments for consideration at that meeting.
SCHTFFMAL"J V ARIANCE- HOWARD LAKE
This property looks vaguely familiar to me. Did the applicant (or a previous owner of the property) not apply for a lake setback
variance a few ye3I'S ago? According to the survey, there is currently a three stall detached garage on this parcel. Is there reasonab k
hardship for the variance to be issued? Is the proposed use of the additional garage for commercial purposes? There is little
information to base a recommendation on. From what I reviewed, I must recommend denial or the variance. It appears, however,
if the survey is accurate, that the proposed lake setback would be closer to 75 feet, rather than the 14 feet stated in the hearing notice.
You may want to double check that \Vhether it is 75 or 14 feet has no bearing on my recommendation, however. It would appear
the best place for additional development on this lot would be where the tennis court is situated. This would ma.'<imize the setback
from the lake, and assure virtually no vegetation would have to be removed. Lastly, the ordinary high water elevation for Howard
Lake is identified as 958.0 on the survey. My records indicate that the OHWL for Howard Lake is 957.3'. In areas with steep banks
(like this one), the difference of 0.7 feet would not result in a significant difference when measuring setbacks. Should the city grant
the variance, please ensure the on-site sewage treatment system is in conformance with current standards. If it is not, an upgrade
of the system should be a condition of approval.
YcE: TREMAINE VA.RIA....'ICE- PRIOR LAKE
I have discussed this proposal \\ith the applicant, and inspected the site. The dimensions of :his lot of record make development
or rede':elopment within the current standards difficult, if not impossible, without variances. Is there a garage planned on the
propose "1ew structure? The plan I reviewed did not indicate so. If no~, is it reasonable to expect a furure variance request for front
yard antmpervious surface coverage to accommodate a garage? I suggest this be discussed with the applicant at the hearing. I
do not ODJect to four of the five requested variances. If the association land is included in the computation of impervious surface,
the result is approximately 26%. It is reasonable, in this situation, to consider the association land in the impervious equation.
Although not technically proper, one could also consider the association land in the lot size determination. If so, the square footage
is very close to the minimum 7500 square feet. The lakeshore setback variance could be eliminated with a slight modification to
the design of the deck. On the enclosed copy of the survey, I have depicted a modification which slightly reduces the square footage
to approximately 230 square feet, or roughly 25% smaller than proposed by the applicant. Please request the Planning Commission
consider the modification, as it still provides a useable deck surface, and eliminates one of five variances. The DNR would not
oppose the granting of the variances for lot size, impervious surface, front yard, and side yard, provided the lakeshore setback
variance can be eliminated.
Thank you for the opportunity to review and comment. Please provide me with the record of decision on both variance requests.
Please call me at 772-7910 if you have any questions.
Sincerely,
~ l ~ ------
\~~011~~
Patrick J. Lvnch m
Area HydrO'logisi
A,N eQUAL OPPORTUNITY EMPL8YEM
RESOLUTION 9608PC
A RESOLUTION DENYING AN 80 FOOT VARIANCE TO PERMIT A LAKESHORE
SETBACK OF 70 FEET INSTEAD OF THE REQUIRED 150 FEET FOR THE
CONSTRUCTION OF A 22' X 26', DETACHED GARAGE ON PROPERTY
LOCATED IN THE AI-AGRICULTURAL ZONING DISTRICT AND SD-
SHORELAND DISTRICT AT 15220 HOWARD LAKE ROAD NW.
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. John Schiffman has applied for a variance from Section 9 of the Zoning
Ordinance in order to permit the construction of a 22' x 2.)' , detached garage on
property located in the A I-Agricultural zoning district and the SD-Shoreland
District at the follo\ving location, to wit;
15220 Howard Lake Road NW., legally described as Lot 2, Block 1,
Howard Lake Estates, Scott County, rvfinnesota.
2. The Board of Adjustment has revie\ved the application for variance as contained
in Case 96-0 15V A and held a hearing thereon on March 25, 1996.
3. The Board of Adjustment has considered the effect of the proposed variance
upon the health, safety, and welfare of the community, the existing and
anticipated traffic conditions, light and air, danger of fire, risk to the public
safety, the effect on property values in the surrounding area and the effect of the
proposed variances on the Comprehensive Plan.
4. The request does not meet the Ordinance criteria, in that reasonable use of the
property currently exists and legal alternatives exist for placing a garage on the
property .
5. The granting of the variance is not necessary for the preservation and enjoyment
of a substantial property right of the applicant. The variance would serve merely
as a convenience to the applicant, but is not necessary to alleviate demonstrable
hardship.
16200 F!8~~~~~~S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
A?\ EQLAL OPPORTL~In: E~IPLOYER
7. The contents of Planning Case 96-0 15V A are hereby entered into and made a part
of the public record and the record of decision for this case
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby denies the
requested variance.
Adopted by the Board of Adjustment on March 25, 1996.
Richard Kuykendall, Chair
ATTEST:
Donald R. Rye, Planning Director
9608PC':B.DOCIRML
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PLANNING COMMISSION MEETING MINUTES
JUNE 18, 1992
PAGE 2
MOTION BY WELLS, SECOND BY ROSETH, TO APPROVE A ONE HUNDRED
THIRTY SEVEN (137) FOOT LAKESHORE VARIANCE FOR 15220 HOWARD LAKE
ROAD TO CONSTRUCT A lS'6" X 22' ADDITION. RATIONALE BEING-THAT
THE REQUESTED SITE WOULD NOT REQUIRE REMOVAL OF TREES, IT WOULD
LIMIT THE AMOUNT OF EXCAVATION, IT MEETS THE SPIRIT AND INTENT OF
THE ORDINANCE AND IS NOT OETRIMENTAL TO THE HEALTH AND WELFARE OF
THE COKMO'NITY.
Vote taken siqnified ayes by Wells, Roseth and Loftus. MOTION
CARR:!EO.
_1'Tll!._I ....1 - J...:.l'UtI l'1lir1~l..NVL"l' V}'_l\:MH!~ ~
Te Hunsinger, 1=229 Fai~banks Trail, stated he is re esting
var nces to construct a 22 X 24 toot attached garag~ a deck
expan on tor primary house access and stairs tor ;>aCk yard
access. ~
Sam Lucast resented the information as per memo./ of June 18,
1992. The ariances requested are a 6% lot cOverage, 12 foot
front yard,S cot north side, and a 3,5 foot ,south side yard.
The sub~ect s e is a 50 foot wide substandard lot. CUrrently
the appl1cant has 0 garage or access to tne rear yard. The
north side yard rianc9 for the garage~ou1d be a continuation
of a legal noncon!9~n9 setback of the~rinciple structure.. A
lot coverage rat10 variance is necessary because the impervlous
surface coverage exceeds 30%. Fairba~s Trail is not centered in
the dedicated r1ght-of-~ but Will~prObablr not be realigned
because many structures e~oach substantial y into the setbacks.
Some trees will be lost ue to/t.he construction of the garage,
possibly tree replacement ma be part of the motion. statt
recoMmends approval of the va~ances as requested.
Comments ~rOD the commissi~s~re on: tree replacement, lack
of a garage is a hardship, an removal of existing shed from
property 11ne or lIlove to th9 proper etback.
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MOTION BY ROSETB, S~COND BY WELLS, TO
COVERAGE VARJ:ANCE ,...'1J:'WELVE ( 12) FOOT FRO
FOOT NORTH SIDEYARD VARIANCE, AND THREE
SOOTH SIDE YARD/VARIANCE FOR 15229 FAIR
2 2X2 4 FOOT A'l'TXcm:O GARAGE AND A DECK WI
BEING THAT THE LOT IS A SUBSTANDARD 50 FOOT
HAS BEEN . NSIDERED A HARDSHIP, PROPERTY
UNDER THE ISDICTION OF A PREVIOUS GOVER.~,
WORK WI STAFF ON TREE REPLACEMENT, AND FAI
CENTERED N RIGHT-OF-WAY.
MOTION
PROVE THE SIX (6)' LOT
YARD VARJ:ANCE, FIVE (5)
o ONE HALF (3.5) FOOT
TRAIL TO CONSTRUCT A
STAIRS. RATIONAL
LACK OF A GARAGE
PLATTED IN 1920
APPLICANT WILL
TRAIL IS NOT
slqnitied ayes by Roseth, Wells, and
Cons en us from the Commissioners on the
app11 nt will work with Stat! on removal
compl anca with City Code.
shed was that the
or brinqinq into
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"VA17PC"
SUBJECT :
APPLICANT:
SITE ADDRESS:
PRESEl1TER:
PUBLIC HEARING:
DATE :
PLANNING REPORT
JOHN SHIFFMAN LAKE SHORE VARIANCE
JOHN SHIPFMAN
15220 HOWARD LAKE ROAD
SAM WCAST, ASSOCIATE PLANNER
YES X NO
JUNE Is, 1992
SITE ANALYSIS
HISTORY/BACKGROUND:
John Sh~ffman ~s requesting a one hundred thirty-seven (137) foot
lakeshore variance to construct a 15'6" x 22' addition to the
west side of an existing detached garage. The subject site is an
irrequ1ar11 shaped 4.6 acre ~arcel on Howard Lake Road. The
building s~te is a level area adJacent to the driveway between
Howard Lake and a low area in the center of the let.
PREVIOUS PROPOSALS:
The e~sting house was constructed in 1962 and Howard Lake
Estates was not platted until 1982. The City of Prior Lake
approved the subdivision per the ordinances effective in 1982.
In 1987 with the adoption o~ Shoreland Management Ordinances, the
plat, without any new homes built upon it, became a legal
nonconformity. Therefore, the pre existing garage on the subject
site has a legal nonconforming setback. The lots are lots of
record, subject to a building permit, but also subject to the new
Shoreland Management Ordinance which requires a two hundred foot
setback from the Ordinary-High-water (O-H-W) mark of a Natural
Environment Lake. in 1988 a home was built on Lot 1 Block 1
Howard Lake Estates which required a one hundred (100) foot
lakeshore variance due to the topoqraphy, lot shape, and
setbacks. CUrrently a building permit is pending for Lot 5 Block
1 Howard Lake Estates and has been granted an one hundre1
fifteen (115) foot lakeshore variance for th~ same reasons. The
previous home owner and developer of ~e plat tried
unsuccessfully on two occasions to raise ~'1e density of the
subdivision both before and after plat approval.
The applicant is requesting a continuation of the building line
which would be considered a legal nonconforming setback. However,
because the shoreline curves back toward the garage the distance
to the O-H-W becomes less and requires an increased variance
thereby losing the continuation af a legal nonconforming
setback.
4629 Dakota Sl S.E.. Prior Ulke. MJnnesota 55372 I Ph. (612) 4474230 I Fax (612) 4474245
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PHYSIOGRAPHY:
The lot contains level areas, lowlands, slopes, marsh areas, and
a pond. The driveway makes a loop in the level area between the
existing house and garage, and around the sunken tennis court in
the center of the lot. Adjacent to the driveway the land
either slopes down toward the tennis court or the water body, or
rises in the southeast portion of the lot by the house. In some
areas the slopes are steep.
ADJACENT OSES:
Res1dential development, open space/agriculture, and water bodies
surround the subject site. Immediately adjacent to the parcel on
the north and south sides are bodies of water. Howard Lake is
located south of the subject site. It is a Natural Environment
Lake to which the DNR assigns the most restrictive setbacks
because these lakes are the most sensitive to development.
Development is setback two hundred (200) feet from the O-H-W in
an effort to reduce its effects. To the east and west are
residential and open space/agricultural uses. On the north side
of Howard Lake Road is also residential open space/agriculture.
EXISTING CONDITIONS:
CUrrently, a house, detached garage, and tennis court occupy the
main usable portion of the lot. A driveway circles the tennis
court, passes in ~ront of the garage and house1 and passes
between the court and the pond on the northern port on of the
lot. See attached map.
NEIGHBORHOOD ISSUES/DlPACT/CONCERNS:
AdJacent houses have received variances for new construction due
to the top~aphy, setbacks, and shape of the lots. The addition
could conce1vably be placed on the east side of the garage and
meet the legal nonconforming setback. However, hardship exists
in the removal of a significant oak tr~e and the excavation of
six (6) to eight (8) ~eet of hillside to provide a level building
surface. The western side is nearly flat, treeless, and more
aesthetically appealing.
Pat Lynch of ~~e Minnesota DNR visited the site and did not
object to the request. He was concerned with tree removal and
disturbing soil which. may create erosion problems if the addition
were ~laced on the east side of the garage. The proposed
addit10n will remove brush or volunteer tree qrowth if any at
all, and the ground is already disturbed from the placement of a
d~ kennel. Assuminq summer leaf on conditions, the addition
will be w~ll screened from the lake and Boward Lake Road.
PROBLEMS/OPPORTUNITIES:
Without a V1S1t to the site or detailed information about the
to~aphYI it would be easy to recolDlend denial of the
app11cation. However, an inspection reveals the applicant has a
legitimate hardship. Construction on the east side of the garage
requires the removal of a significant oak tree and much
excavation. Locating' the garage east of 'the house would req\.iire
additional ~avinq and would not be aesthetically pleasing or
consistent W1th good site planninq techniques.
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The oPportunit7 exists ~o cona'truct an addition to ti'.e existing
qarage for lIOre storage space. It is a reasonable request when
considerinq the alternative locations. The topography and
pl.aC8Ja8Dt of structures make. the proposed location 'the most
suitable. Past precedent cit.. 1rr8gUl.ar lots shape and limitinq
topography as a hardship. Also the r8JlOVal of trees and a large
volmiae of soil increase the chances of erosion near a Natural
Enviromaent lake. The rationale for approval i. that the City of
Prior Lake approved the subdivision accordin9 to its 1982
II'tandarda and then ~ed the standards to aore restrictive ones
in 1987 vi1:h 'the adoption of the Shoreland Kanaq81l8nt Ordinance.
The hardship is due to the ordinance c:hanqe and not to actions of
the p~ owner. The applicant is continuinq the buildinq
line and .ust apply for a larger variance because the O-H-W mark
curves back toward the qaraqe.
STAPP RZC0MMEH'DM'70H:
Staf:r recomumc:la approval o~ the variance as requested. The
criteria incl.ude it p~~erves a significant oak tree, limits the
amount of excavation in close proxbity to a Natural Environment
lake, it ~ets 'the spirit and intent of the Ordinance, and it
does not dildnish the health, safety, or welfare of the
community.
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Existing Use /" / L} .' r I
of Property: ~ t~ \. (c.A I.. A!-c fJ\~ il': ~<<\:: {J I Present Zoning: A' S ()
~~ ;: u, 6~~v-'r<-{/A'~;dt'uji'(
Le:jal Description. \."
of Variance Site: Lh' ~ gL~ ~ HbW~e..O~A-Jtt.b E5,,:rIt:{
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Variance Requested: . "( SeT Ac.l !).-~' ~T"~/JC.; f~JS~~C F,4 ;z."J' ~~e;o-:,~ i
roe A- /S~ --}{:J.'l't;ifII,CtV Jo.Gt'.$.1ivl. JDXZ~ GJlfe,p,.~I:;" - /37'L../::.<,~,~ V~":~e~
Bas the ~icant- prcv uy sought to plat, rezone, cbtain a variance or conditional ~
use petmit <Xl the smject site or any plrt of it? _Yes -X-No :
What: vas requested:
When:
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CITY OF 'PRIOR LAKE
APPLICATION FOR VARIAN:E
~licant: CI"' r.t :', :: N 1 r= F ltAl"
Address: IS,;;, ~ 11 H" f.A..' A ~ () ..L A ~ 1= J? D
Property Omer: ..:: n me'
Address: ~ p /J 1 r:.-
~ of Qmership: Fee- /'"Jwtfle It!- Contract
Consul. tant/Contractor: ~ C If/ C. 0 I? D 73 v , L J)e- E (
Heme Phone: J./4S - 077/)
Werlt Pmne:
Bcme P}x)ne:
Jti:)rk Plxme:
Purchase ~reeDe!.t
Phone: 5n. 9~()1
Disposition:
Descr:ibe the typt! of mproveDents prO{X)Sed:
SJEMISS:. :N ~:
(A)~eted awlication fOnD. (BlFilinJ fee. (C)Prqerty Slrvey. (D)Certified fran
abstract finn, names and addresses of property amers within 100 feet of the
exterior bcur.daries of the sd)ject property. (E>Ccmplete legal description &
Property ldentificaticn !bi:er (pID). (P)Deed restrictions or private covenants, if
cq;:p1icable. (G)A parcel 1IBp at 1w-2O'-5O' showing: The site ~elopuexlL plan,
buil~: tarking, l0adin3, acres:s, surface drainage, larescaping am utility
service.
CH,y a:MPIZrE APPLIC\TICfiS SWL BE RE.VIDm> BY THE PLANNm; CIJII1ISSION.
'1b the best of ~ kncwledge the infoaation presented on this fom is correct. In
addition, I have read Section 7.6 of the Prior Lake ~ Ordinance wbich specifies
requi!eroent.s for variance procec21res. I agree to previa! info tion llow the
proceOlJres as outlined in the Ordinana!.
amitb!d this -<% ~ of .!!J!4---19.1)-
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PLANNING COMMISSION
MINUTES
JUNE 18, 1992
The June 18, 1992, Planning Commission Meeting was called to
order by Chairman Loftus at 7:30 P.M. Those present were
Commissioners Loftus, Wells, Roseth, Director of Planning Horst
Graser, Associate Planner Sam 1~cast, and Secretary Rita Schewe.
Commissioners Arnold and Wuellner were absent.
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ITEM I - REVIEW MINUTES OF PREVIOUS MEETING
MOTION BY ROSETH, SECOND BY LOFTUS TO APPROVE THE MINUTES AS
WRITTEN .
Vote taken signified ayes by Loftus, Wells, and Roseth. MOTION
~~IEO. NOTE: Commissioner Wells was not present at the
previous meotinq but voted on the minutes to fill the quorum.
ITEM II - JOHN SCHIFFMAN - VARIANCE
Kathleen Schiffman, 15220 Howard Lake Road, stated they are
requesting a variance to construct a 15'6" X 22' addition to the
west side ot an existing detached garage.
Sam Lucast, presented the intormati~11 as per memo ot June 18,
1992. The present bome was built in 1962 but the subdivision was
not platted until 1982. The applicant is requestinq a
continuation of the buildinq line which would be considered a
legal nonconforming setback. However, because the shoreline
curves back toward the garage the distance ot the O-H-W becomes
less and requires an increased variance thereby losinq the
continuation ot a legal nonconforming setback. The location
planned for construction is the most logical area as it is nearly
~lat, treeless and ~r. aesthetically pleasing. There have been
previous variances granted to other lots in the area. DNR was
more concerned with erosion into the lake than with the requested
setback. Staff recommends approval as requested.
CommQn~s from the C~issioners were on: shape of lot, tree
location, and use of the proposed constr~ction. Commissioner
Loftus wanted to put on record that Mr. Schiffman is a former
client but would vote on the variance due to the absence of two
Commissioners. '
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4629 Dakota 51. S.E.. Prior Lake. Minnesota 55372 I Ph. (612) 4474210 I Fa:< (612) 4474245
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