HomeMy WebLinkAbout8A - Variance Appeal
AGENDA #:
PREPARED BY:
SUBJECT:
DA TE:
INTRODUCTION:
ANAL YSIS:
ACTION REQUIRED:
STAFF AGENDA REPORT
SA
R. Michael Leek
Associate Planner/Acting Assistant Planner
Consider Approval of Resolution 96-40 Denying an Appeal
by Jean Koenig of Planning Commission Decision in Case
96-020V A
April 15, 1996
On March 25, 1996, the Planning Commission, by adoption of
Resolution 9607PC, approved a 4.3 foot variance for Richard
and Julie Warner to permit a side yard setback on the East
side of the subject site of 5.7 feet instead of the required 10
feet for the construction of a 5 foot garage addition on the East.
The Warners reside at 3814 Green Heights Trail. By letter
dated March 27, 1997, (a copy of which is attached) Jean
Koenig, who resides across the street at 3821 Green Heights
Trail, appealed the Planning Commission's decision to grant
the Warner's request for variance. Ms. Koenig is opposed to
the variance that was granted, and also questions why a
variance was not required for the nonconforming setback on
the West side. Her letter states as other reasons for the
appeal "drainage" and "other reasons".
Ms. Koenig's appeal does not present a basis for overturning
the Planning Commission's decision in this case. First, while
the setback on the West is non-conforming, it was established
at the time of construction of the existing house in 1962, and
thus does not require the granting of a variance to continue.
Ms. Koenig does not state what specific objection she has to
drainage on the site, or how the proposed addition would
adversely effect drainage. Thus, no rationale is presented for
overturning the decision on the basis of drainage. Her appeal
enunciates no further, specific basis for appeal of the
Commission's decision. For the above reasons, the decision of
the Planning Commission should be upheld, and the appeal
denied.
Motion to approv Resotl / on 96-40.
1 '
I /
yles, City Manager
16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 I Ph. (612) 447-4230 I Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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RESOLUTION 96-40
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL
DENYING A VARIANCE APPEAL BY JEAN KOENIG
OF PLANNING COMMISSION DECISION IN THE MATTER
OF REQUEST FOR VARIANCE, CASE NO. 96-020V A
MOTION BY: SECOND BY:
WHEREAS, the Prior Lake City Council conducted a hearing on the 15th day of
April, 1996, to act on an appeal by Jean Koenig of the Planning
Commission's approval of a request for side yard setback variance for
property legally described as Lot 5 and the West 25 feet of Lot 6,
GREEN HEIGHTS, Scott County, Minnesota; and
WHEREAS, the City Council finds that the request for variance meets the standards
for granting variances set forth in the City's Zoning Ordinance at
Section 7.6(C)(l-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 approving the request for variance was appropriate and
consistent with the Zoning Ordinance.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR
LAKE, that it hereby upholds the Planning Commission's approval of the request of
Richard and Julie Warner's for variance.
Passed and adopted this 15th day of April, 1996.
YES
NO
Andren
Greenfield
Kedrowski
Mader
Schenck
Andren
Greenfield
Kedrowski
Mader
Schenck
{Seal}
City Manager
City of Prior Lake
16200 ~~!h~~~Ave. S.E., Prior Lake, Minnesota 55372-1714 I Ph. (612) 447-4230 / Fax (612) 4Jl.7-4245
AN EQUAL OPPORTUNITY EMPLOYER
SITE:
PRESENTER:
REVIEWED BY:
PUBLIC HEARING:
DATE:
4C
CONSIDER 5 FOOT SIDE YARD SETBACK
VARIANCE FOR RICHARD AND JULIE WARNER
3814 GREEN HEIGHTS TRAIL
R. MICHAEL LEEK, CITY PLANNER
DONALD R. RYE, PLANNING DIRECTOR
YES ....x.- NO
MARCH 25, 1996
AGENDA ITEM:
SUBJECT:
INTRODUCTION:
The Planning Department received a variance application from Richard and Julie Warner,
who propose the construction of a 5 foot addition to their existing I-car, attached garage.
Construction of the addition would result in a side yard setback of 5.7 feet instead of the
required 1 0 feet.
DISCUSSION:
The subject property is a combination of Lot 5 and part of Lot 6, which were platted as a
part of GREEN HEIGHTS prior to the annexation of this area into the City Prior Lake.
The existing house was built in 1962. The proposed addition does not require an
impervious surface coverage variance. The subject property is located in the Shoreland
District which, permits one 5 foot side yard setback on substandard lots in certain cases.
[See Section 9.12(B)I(10)] The subject property already has one non-conforming
setback of 7.2 feet on the West. Thus, the provision cited above does not apply to the
subj ect property.
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. The property is currently developed with a single-family residence
with an attached I-car garage. Past Planning Commission decisions have seemed to hold
that reasonable use in the residential districts include up to a 2-car garage. While the
subject property is relatively wide (75 feet) for a substandard lot, the existing side yard
setbacks on the West and East, respectively, are 7.2 and 10.7 feet. Neither of these
setbacks provide sufficient area for expansion. Nor could the applicants explore a
16200 ~~~~18.E.. Prior Lake, Minnesota 55372-1714 I Ph. (612) 447-4230 I Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
location elsewhere on the lot, since the Ordinance requires a 5 foot side yard setback for
driveways. Strict application of the Ordinance, and staff understanding of previous
Commission practice, leads staff to the conclusion that reasonable use of the property
does not exist. Thus, literal enforcement of the Ordinance would result in undue hardship
with respect to the subject property, and this criterion is met.
2. Such unnecessary hardship results because of circumstances unique to the
property.
The subject property is substandard for width at 75 feet. The location of the existing
structure results in no legal alternative without 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 results from the application of the provisions of the Ordinance to a lot
which was platted and developed prior to the adoption of the Ordinance and the
incorporation of the subject property into the city limits. The hardship is not the result of
any actions of the applicants.
4. The variance observes the spirit and intent of this Ordinance, produces
substantial justice and is not contrary to the public interest.
The proposed addition would result in a structure not inconsistent with other houses in
the area. Thus, it does not appear that the requested variances would be contrary to the
public interest.
ALTERNATIVES:
1. Approve the variance requested by the applicants, or approve any variances the
Planning Commission deems appropriate in the circumstances.
2. Table or continue discussion of the item for specific purpose.
3. Deny the application because the Planning Commission finds a lack of
demonstrated hardship under the zoning code criteria.
RECOMMENDATION:
Because staff has concluded that reasonable use of the property currently does not exist,
and thus that the Ordinance criteria are met, staff recommends Alternative No.1.
ACTION REQUIRED:
A motion adopting Resolution 9607PC.
9620V APC.DOCIRML
2
CITY OF PRIOR LAKE
APPLICATION FOR VARIANCE
,CtApplicant:J<lc~ard 1. :bJ Ie LJnrVlEr
Address: ~2/P ~'~."\ :~~c"'t:s ~rd\~
Property ONner: c..~.- ..., a. V\~,.. ~ ::c.l(t" Wo('V\@r
Address:
Type of Q,mership: Fee ~ Contract
Consultant/Contractor: ~ \~~ (~..po t {Su., \dtGr >"" :r; c...
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Home Phone: J./.y / - 2 i tt J...
Work Phone: S?o/q - 31 S- ~
Home Phone: ~tl(7-~/?~
Work Phone:
Purchase Agreement
Phone: 1?J?2 - d dd s-
Existing Use
of Property: ~ ,V\~\~ ~__\ \u bk.W\ Q...... Present Zoning: R i
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Legal Description
of Variance Site:_)...o'" 5 o..~J I~~ ~6 ~e+- ~-r ~-f G, 6("~~ ~ bjQfs'.N..("". ..s..o#~'7'" ~AI.
Variance Requested: ~ +;'M- 5~+bu:J/. 0,,", \01- La r'ii!l>9~~ \\KP ~ "
G ~d
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Has the applicant pr~liously sought to plat, rezone, obtain a vag.ance or conditional
use permit on the subject site or any part of it? Yes--L.N:)
What was requested:
When: Disposition:
Describe the tTI:e of improvements pro~sed:
SJEMISSION REOUIRE1-1EN1'S:
(A)Completed application form. (B)Filing fee. (C)Property SUrvey indicating the
prop:>sed developnent in relation to property lines and/or ordinary-high-water mark;
pro};X)sed building elevations and drainage plan. (D>Certified frem abstract finn,
names and addresses of property owners within 100 feet of the axterior boundaries of
the subject property. (E)Camplete legal description & Property Identification Number
(pm). (F)Deed restrictions or private, covenants, if applicable. (G)A parcel nap
at 1 R-20 '-50 I showing: The site developnent plan, buildings: parking, loading,
access, surface drainage, landscaping and utility service.
ONLY COMPLEl'E APPLICATIONS SHALL BE ACCEPI'ED AND REVIEWED BY THE PLANNIN; c:c: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
requiranents for variance procedures. I agree to ov' e information and follow the
procedures as outlined in the Ordinance.
SUbmitted this fday of l1e:1~'c ~ 192V
Fee Owners Signature
THIS SPACE IS 'IO BE FILLED OUT BY THE PIANNIN:; DIRECroR
PLANNING <D1MISSION
CITY COmt:IL APPEAL
CDNDITIONS:
APPROVED
APPROVED
DENIED
DENIED
DATE OF HEARI~X:;
DATE OF HEARIN:i
Signature of the Planning Director Date
Prior Lake Planning Commission
Prior Lake, IvlN
Prior Lake Planning Commission:
Thank you for reviewing the variance application that we have submitted for your
review and approval. Weare requesting a variance to the city code for set back from
property line for a garage expansion from a single car to a double car garage. The garage
wall is cUtTently placed 11.3 feet from the north east comer and 10.7 feet from the south
east comer to the property line of our lot. We are planning a remodeling effort for the
entire structure and would like to add on a S foot expansion to the garage which would
leave the setback at 6.3 feet from the north east comer and a S.7 foot setback from the
south east comer to the property line.
Given the width of the of the lot and the current foundation foot print the
placement of the garage is currently in the most logical and effective position. The garage
cannot be placed on the north side of the house because of the slope of the land and the 7S
foot setback requirement from 904 foot water level. The lot also has had terracing done on
the north side of the house which makes moving the garage to that side impractical. The
garage also can not be moved to the south side of the lot due to set back restrictions from
the road The least impact on the lot is to keep the garage in the current position and
request the set back variance.
Thank you for your time and consideration in this matter.
Sincerely:
-1tdJ~
Julie, Rick, Aaron and Adam Wamer
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vJ rr 900 East 79th St. Suite 105 Phone (612) 854-4055 WOODROW A. BROWN, R.L.S
~' . Bloomington, Minn. 55420 Fax (612) 854-4268 President
~4:-".~.4! PR '.OR LAKE
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Survey For:
Rick and Julie Warner.
NORTH
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~ : PROPERTY DESCRIPTION
. I I Lot 5 and the West 25 feet of
! , I Lot 6, GREEN HEIGHTS, Scott
I ~ --- County, Minnesota. .
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I hereby cert i fy tha t th 15 survey. plan or report was prepa'red by
me or under my direct supervision and that I am a duly registered
land Surveyor under the laws of the State of Minnesota.
w. BROWN LAND SURVEYING. INC.
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154 -93
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~~~;'own. n.~ NO. 15230
96-20VA
NOTICE OF HEARING FOR A 5 FOOT VARIANCE ON THE EAST TO
PERMIT A SIDE YARD SETBACK OF 5 FEET INSTEAD OF THE REQUIRED
10 FEET FOR CONSTRUCTION OF A GARAGE ADDITION ON PROPERTY
LOCATED IN THE RI-SUBURBAN RESIDENTIAL
AND SD-SHORELAND DISTRICTS
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, March 25, 1996, at 7:00
p.m. or as soon thereafter as possible.
APPLICANT:
Richard and Julie Warner
3814 Green Heights Trail
Prior Lake, Minnesota 55372
SUBJECT SITE:
Lot 5 and the West 25 feet of Lot 6, Green Heights, Scott County,
Minnesota, also known as 3814 Green Heights Trail.
REQUEST:
The applicant proposes the construction of a 5 foot garage addition
on the East side of the property. The proposed addition would
result in a side yard setback of 5 feet instead of the required 10
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
9620VAPN.DOC 1
16200 ~ Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 I Ph. (612) 447-4230 I Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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 14, 1996.
9620V APN.DOC
RML
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DNR METRO REGION
TEL:612-772-7977
Mar 19,96
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RESOLUTION 9607PC
A RESOLUTION GRANTING A VARIANCE TO PERMIT A SIDE YARD SETBACK
ON THE EAST OF 5 FEET INSTEAD OF THE REQUIRED 10 FEET TO PERMIT A 5
FOOT GARAGE ADDITION TO AN EXISTING RESIDENCE ON PROPERTY
LOCATED IN THE RI-URBAN RESIDENTIAL ZONING DISTRICT AND SD-
SHORELAND DISTRICT AT 3814 GREEN HEIGHTS TRAIL.
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Richard and Julie Warner have applied for a variance from Section 4 of the
Zoning Ordinance in order to permit an addition to an existing, I-car attached
garage on property located in the RI-Urban Residential zoning district and the
SD-Shoreland District at the following location, to wit;
3814 Green Heights Trail, legally described as Lot 5 and the West 25 feet
of Lot 6, GREEN HEIGHTS, Scott County, Minnesota.
2. The Board of Adjustment has reviewed the application for variance as contained
in Case 96-020V A and held a hearing thereon on March 25, 1996.
3. The Board of Adjustment has considered the effect of the proposed variances
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. Because of conditions on the subject property and on the surrounding property, it
is possible to use the subject property in such a way that the proposed variance
will not result in the impairment of an adequate supply of light and air to
adjacent properties, unreasonably increase congestion in the public streets,
increase the danger of tire, and danger to the public safety, unreasonably
diminish or impair health, safety, comfort, morals or in any other respect be
contrary to the Zoning Ordinance and Comprehensive Plan.
5. The special conditions applying to the subject property are unique to such
property, and do not generally apply to other land in the district in which such
16200 ~8~T~<{92~. S.E.. Prior Lake. Minnesota 55372-1714 I Ph. (612) 447-4230 I Fax (612) 447-4245
AN EQUAL OPPORTCNITY EMPLOYER
land is located. Among the conditions applying to the subject property which the
Board of Adjustment relied upon are its narrowness and the fact that alternatives
are foreclosed because of development decisions made prior to the property
becoming a part of Prior Lake.
6. The granting of the variances is necessary for the preservation and enjoyment of a
substantial property right of the applicant. The variances will not serve merely as
a convenience to the applicants, but is necessary to alleviate demonstrable
hardship.
7. The contents of Planning Case 96-020V A are hereby entered into and made a part
of the public record and the record of decision for this case. Pursuant to Section
5-6-8 of the Ordinance Code the variance will be deemed to be abandoned,
and thus will be null and void one (1) year from the date of approval if the holder
of the variance has failed to obtain any necessary, required or appropriate permits
for the completion of contemplated improvements.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby grants and
approves the following variances;
1. A 5 foot variance to permit a 5 foot side yard setback on the East instead of the
required 10 feet.
Adopted by the Board of Adjustment on March 25, 1996.
Richard Kuykendall, Chair
ATTEST:
Donald R. Rye, Planning Director
9607PC.DOC/RML
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