HomeMy WebLinkAbout8A Pole Building in R-1 Sub Res
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
ANAL YSIS:
STAFF AGENDA REPORT
SA
R. Michael Leek
Associate Planner/Acting Assistant Planner
Consider approval of Resolution No. 96- 64 denying a
request of Robert W. Ostdiek to permit the construction of
a pole building in the R1-Suburban Residential District
June 3, 1996
The Planning Department received a request from Mr. Ostdiek
to 1) permit the construction of a pole building in the R 1-
Suburban Residential Zoning District, and 2) grant a variance
to permit said pole building to have an area of 1,792 square
feet instead of the maximum permitted 832 square feet. The
proposed building would be used for the storage of personal
property such as collector cars. The City Council has sole
discretion to permit pole buildings under Section 4-7-4 of the
City Code; that section does not vest any authority for the
decision in the Planning Commission. Acting as the Board of
Adjustment, the Commission's role was to evaluate the efficacy
of the requested structure area variance. Because the 2
issues are related, the Commission discussed the
appropriateness of such a building on the property, and
adopted Resolution 96-17PC only to advise the Council of its
perspective on the issue.
The property is in the plat of Titus 2nd Addition, which was
approved by the Prior Lake City Council in 1974. The house
and attached garage on the subject site were constructed in
1976. The Planning Commission has already approved an
area variance if the Council approves construction of a pole
building.
The only issue for the Council to determine is whether to
approve the construction of a pole building on the property.
Section 4-7-4 of the Prior Lake City Code regulates "pole
buildings". Specifically, the Ordinance provides that such
buildings are permitted only in the A 1-Agricultural and C 1-
Conservation zoning districts unless specifically approved by
the City Council in another zoning district, in cases where the
proposed structure is compatible with the surrounding area.
"Such structures may be authorized by the Council for use as
warehouse, heavy equipment storage or other uses which
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
RESOLUTION 96-64
RESOLUTION DENYING A REQUEST BY ROBERT W. OSTDIEK TO
CONSTRUCT A POLE BUILDING ON PROPERTY LOCATED IN THE Rl-
SUBURBAN RESIDENTIAL ZONING DISTRICT AND
IDENTIFIED AS 4510 JACKSON TRAIL NE.
MOTION BY: SECOND BY:
WHEREAS, Robert W. Ostdiek has applied under Section 4-7-4 of the Prior Lake
City Code to permit the construction of 1,792 square foot pole building
for the storage of personal property on property located in the R 1-
Suburban Residential zoning district at the following location, to wit;
Lots 11 and 12, Block 1, TITUS 2ND ADDITION, Scott County
Minnesota; and
WHEREAS,
The City Council reviewed the request to construct the pole building at
its meeting of May 20, 1996; and
WHEREAS,
The City Council has concluded that the request does not meet the
criteria for pole buildings set forth in Section 4-7-4 of the City Code in
that the proposed use of the building is neither consistent with the
zoning district or the nature of a pole building.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR
LAKE, that the request to allow construction of a pole building on property identified as
4510 Jackson Trail NE. is hereby denied.
Passed and adopted this 3rd day of June, 1996.
YES NO
Andren Andren
Greenfield Greenfield
Kedrowski Kedrowski
Mader Mader
Schenck Schenck
{Seal} City Manager
City of Prior Lake
16200 ~~6et~~~S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
RESOLUTION 9617PC
A RESOLUTION RECOMMENDING APPROVAL OF A REQUEST BY ROBERT W.
OSTDIEK TO PERMIT CONSTRUCTION OF A POLE BUILDING ON THE
PROPERTY LOCATED AT 4510 JACKSON TRAIL NE. IN THE RI-SUBURBAN
RESIDENTIAL ZONING DISTRICT;
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Robert W. Ostdiek has applied under Section 4-7-4 of the Prior Lake City Code to
permit the construction of aI, 792 square foot pole building for the storage of
personal property on property located in the RI-Suburban Residential zoning
district at the following location, to wit;
Lots 11 and 12, Block 1, TITUS 2ND ADDITION, Scott County
Minnesota.
3. The contents of Planning Case 96-030V 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 recommends
approval of the request to permit a pole building in the RI-Suburban Residential zoning
district.
Adopted by the Board of Adjustment on May 28, 1996.
Richard Kuykendall, Chair
ATTEST:
Donald R. Rye, Planning Director
16200 ~~~1~O-e. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
RESOLUTION 9618PC
A RESOLUTION APPROVING A REQUEST BY ROBERT W. OSTDIEK TO
PERMIT CONSTRUCTION OF A 1,792 SQUARE FOOT ACCESSORY BUILDING
ON THE PROPERTY LOCATED AT 4510 JACKSON TRAIL NE.IN THE Rl-
SUBURBAN RESIDENTIAL ZONING DISTRICT;
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Robert W. Ostdiek has applied for a variance from Section 6.2 of the Prior Lake
Zoning Ordinance to permit the construction of 1,792 square foot accessory
building for the storage of personal property on property located in the Rl-
Suburban Residential zoning district at the following location, to wit;
Lots 11 and 12, Block 1, TITUS 2ND ADDITION, Scott County
Minnesota.
2. The Board of Adjustment has reviewed the application for variance as contained
in Case 96-030V A and held a hearing thereon on May 13, 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 variance on the Comprehensive Plan.
4. The request meets the Ordinance criteria, in that reasonable use of the
property would not be obtained if the Ordinance is literally applied.
5. The granting of the variance is necessary for the preservation and enjoyment
of a substantial property right of the applicant. The variance would not serve
merely as a convenience to the applicant, but is not necessary to alleviate
demonstrable hardship.
7. The contents of Planning Case 96-030V A are hereby entered into and made a part
of the public record and the record of decision for this case
16200 ~ggf~e. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby approves the
requested variance to permit aI, 792 square foot accessory building in the RI-Suburban
Residential zoning district.
Adopted by the Board of Adjustment on May 28, 1996.
Richard Kuykendall, Chair
ATTEST:
Donald R. Rye, Planning Director
9618PC.DOC/RML
2
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
SITE:
PRESENTER:
PUBLIC HEARING:
DA TE:
4.D
Consider variance for Robert W. Ostdiek
4510 Jackson Trail NE.
R. Michael Leek, Associate Planner
YES --1LNO
APRIL 22, 1996
INTRODUCTION:
The Planning Department received a variance application from Robert W. Ostdiek. Mr.
Ostdiek wishes to build a 32'x 56'(1,792 square foot) pole building for the storage of
personal property, such as collector cars. The proposed building "vould be located 74.68'
from the East property line and 147.62' from the front property line.
DISCUSSION:
The subject property is zoned RI-Suburban Residential. The property is in the plat of
Titus 2nd Addition, which was approved by the Prior Lake City Council in 1974. The
house and attached garage on the subject site were constructed in 1976.
Section 4-7-4 of the Prior Lake City Code regulates "pole buildings". Specifically, such
buildings are permitted only in the AI-Agricultural and C I-Conservation zoning districts
unless specifically approved by the City Council in cases where the proposed use is
compatible with that type of structure, and when a pole building would not be offensive
to other property o\vners or persons within the City. Because the use of a pole building
can only be approved by the City Council, the Commission's role in this variance is to
make a recommendation to the Council as to whether or not a pole building should be
allowed, as opposed to actually granting the variance.
The maximum size of detached, accessory structures in the Rl zoning district is limited to
832 square feet by Section 6.2(A)3 of the Zoning Ordinance. In 1994, a number of
variances were granted to permit the construction of a 3,500 square foot pole building on
the property identified as 13151 Pike Lake Trail. (Case No. 1994-0032). At the time tills
report was written the file was being microfilmed, and thus could not be reviewed.
However, conversations with the Building Official indicated that the variance was
granted on the condition that the building be used only for hay storage in connection with
an active farming operation. The use of such a building for agricultural purposes can be
distinguished from its use for the storage of personal property.
16200 E>8~EY~IeW~rs.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQCAL OPPORTC:'-HTl E::.-\PLOYER
.J
The subject property is anomalous in that it is in the Rl-Suburban Residential zoning
district, which is designed for urban-style, sewered residential development. However,
the 2010 Land Use Plan assumes that this area will remain unsewered, thus limiting
development potential. Thus, while the area is likely to remain rural
residentiaVagricultural in character, its use is limited by regulations intended for smaller
lot residential development. For these reasons, the Commission may want to consider
whether a zoning change of some sort would be appropriate for this area of the City, and
may want to recommend to the Council that it consider such a change.
Variance Hardship Standards:
1. Literal enforcement of the Ordinance would result in undue hardship with
respect to the property.
. This criterion 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 the intended purpose without the requested variance. In past decisions, the
Commission has concluded that a component of reasonable residential use is the
provision of 2 covered (i.e. garage) parking spaces. The subject property does currently
have a garage. In addition, the applicant doe have a legal, if not as desirable, alternative
available without the requested variances. Specifically, the applicant could construct up
to an 832 square foot detached garage for the storage of additional personal property. For
these reasons, there would not be undue hardship with respect to the property if the
Ordinance were literally enforced.
2. Such unnecessary hardship results because of circumstances unique to the
property .
Because staff has concluded that there would be no undue hardship with respect to the
property, this criterion is de facto not met. Nfr. Ostdiek's request is in part based on the
contention that the property is unique because of its size and its character, and the
character of the surrounding area. Staffhas concluded that because reasonable use is
available, this argument is not compelling. However, as stated above, it is an anomalous
situation that the Commission may wish to address independently of this request.
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.
To the extent there is a perceived hardship, it relates specifically to choices made by the
applicant in acquiring property requiring storage. It is not a result of the application of
the provisions of the Ordinance to the subject property.
9630V APC.DOC/RML
2
4. The variance observes the spirit and intent of this Ordinance, produces
substantial justice and is not contrary to the public interest.
The proposed use of the building does not appear to be the type of use contemplated
under Section 4-7-4 of the City Code. In this respect, the request to permit a pole
building does not appear consistent with the spirit and intent of the Ordinance. Similarly,
because the proposed use is for the storage of personal property, as opposed for example
for agricultural use, the area variance would be inconsistent with the provisions in Section
6.2 of the Zoning Ordinance.
ALTERNATIVES:
1. Approve the building area variance requested by the applicant, and recommend
approval of the variance to permit a pole building in the Rl zoning district.
2. Approve a building area variance as requested or as modified by the Commission,
but recommend denial of the variance to permit a pole building in the Rl zoning
district.
2. Table or continue discussion of the item for specific purpose.
.. ,
3. Deny the request for building area variance and recommend denial of the variance
to permit a pole building In the Rl zoning district because the Commission finds u.
lack of demonstrated hardship under the Zoning Ordinance criteria.
RECOMMENDATION:
Because staff has concluded that the request does not meet the Ordinance criteria, staff
recommends Alternative No.4, denial of the request.
ACTION REQUIRED:
A motion adopting Resolution 9617PC recommending denial of the request to permit
construction of a pole building in the RI-Suburban Residential zoning district, and
Resolution 96l8PC denying the request for a variance to permit a detached accessory
structure with an area of 1,792 square feet.
9630V APC.DOCRML
3
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CITY OF PRIOR LAKE
APPLICATION FOR VARIANCE
~licant: fol~l+ tJ. .Odd'el:
Address: '15/0 ,jd t' k ~o h lit AI S. /",',,'" La.k~
prot:erty Oimer: ~ta 17'1 -c:...-
Address: .s ~ yr.-e-.
Type of CWnership: Fee
Consul tantlContractor:.
Home Phone: If t,7~ - V 1 ~ ~
55""37-" Work Phone: '-ILl S--1..:l ~7
Hcme Phone:
Work Phone:
Purchase Agreenent
Phone:
Contract
Existing Use (J I...L I
of Property: n -es ; I(en fa
Legal Description cI
of Variance Site: L ~ + / / tIC It I:J
Variance Requested:
tA~~
Present Zoning:
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Bas the applicant pr~liously sought to plat, rezone, obtain a variance or conditional
use permit on the subject site or any r:art of it? - Yes X! ~
wret was requested:
Wha~: Disposition:
DeSkribe thi ~ of improveneni:7~ proposed: Po/~ !3 t.{ /Id,'^ r, -
t::!.1'~ bAd ~ fcJY~Oj ~ - Co/IV'c.7rJY' far < ../ ./
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SUBMISSION RECUIREMENI'S:
(A)Completed application form. (B) Filing fee. (C) Property SUrvey indicating the
prot=Osed developnent in relation to property lines and/or ordinary-higlrwater mark;
prot=Osed building elevations and drainage plan. (D)Certified frem abstract firm,
names and addresses of property owners within' 100 feet of the e..~erior botmdaries of
the subject property. (E)Ccmplete legal description & Property Identification Number
(pm). (P)Deed restrictions or private, covenants, if applicable.. (G)A parcel wap
at 1"-20'-50' showing: The site developne..'1t plan, buildings: parking, loadir:g,
access, surface drainage, landscaping and utility service.
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ONLY COMPLETE APPLIO\TIONS SHALL BE ACCEPI'ED AND REVIEWED BY THE PLANNIN:i CCMMISSION.
To the best of my IGlowledge the infoonation presented on this form is correct. In
addition, I have read Section 7.6 of ~'e Prior Lake Zoning Ordinance which specifies
requirenents for variance procedures. I agree A provide infoanatio~rj follcw t..'le
procedures as outlined in the Ordinance. l~ w- OiJJii,uYj (~jJ>.~ pee.
r77 111 / Alr_ APPlicants Signature Ow~)
SUbmitted this~day of 111~rcn 19~~
Fee Owners Signature
THIS SPACE IS 'IO BE FILLED OUT BY TEE FT..ANNTIG DlRECrOR
APPROVED
APPROVED
DENIED
DENIED
DATE OF HEARIN;
CATE OF HE.ARnX;
PLANNING CCMMISSION '
CITY COmt:IL APPEP-L
mNDITIONS:
Signature of ~~e Plannir.g Director
Date
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NOTICE OF HEARING FOR THE FOLLOWING VARIANCES;
1. A VARIANCE FROM SECTION 4-7-4 OF THE CITY CODE TO
PERMIT THE CONSTRUCTION OF A POLE BUILDING IN
THE R1-SUBURBAN RESIDENTIAL ZONING DISTRICT;
2. A VARIANCE TO PERMIT A DETACHED ACCESSORY
STRUCTURE WITH AN AREA OF 1,792 SQUARE FEET
INSTEAD OF THE MAXIMUM 832 SQUARE FEET
PERMITTED UNDER SECTION 6.2(a)3 OF THE ZONING
ORDINANCE.
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, April 22, 1996, at 7:00 p.m.
or as soon thereafter as possible.
APPLICANT:
Robert W. Ostdiek
4510 Jackson Trail NE.
Prior Lake, Minnesota 55372
SUBJECT SITE:
Lots 11 and 12, Block 1, Titus 2nd Addition, Scott County,
Minnesota, also known as 4510 Jackson Trail NE.
REQUEST:
The applicant proposes the construction of a 32' x 56' pole
building for the storage of personal property, such as collector
vehicles. The proposed building would be located as shown on the
attached survey copy.
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.
9630PN.DOC 1
16200 ~'gle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQL:AL OPPORTLNITY E:V1PLOYER
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
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: April 11, 1996
9630PN.qOC
RML
2
_....._..__.............~.,.._,~~~.~.J_....-.. r~.' . ..'.0 ...~.. ..',
RESOLUTION 9617PC
A RESOLUTION RECOMMENDING DENIAL OF A REQUEST BY ROBERT W.
OSTDIEK TO PERMIT CONSTRUCTION OF A POLE BUILDING ON THE
PROPERTY LOCATED AT 4510 JACKSON TRAIL NE. IN THE R1-SUBURBAN
RESIDENTIAL ZONING DISTRICT;
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Robert W. Ostdiek has applied for a variance from Section 4-7-4 of the Prior Lake
City Code to permit the construction of 1,792 square foot pole building for the
storage of personal property on property located in the RI-Suburban Residential
zoning district at the following location, to \-vit;
Lots 11 and 12, Block 1, TITUS 2ND ADDITION, Scott County
ivIinnesota.
2. The Board of Adjustment has reviewed the application for variance as contained
in Case 96-030V A and held a hearing thereon on April 22, 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 variance on the Comprehensive Plan.
4. The request does not meet the Ordinance criteria, in that reasonable use of the
property can be obtained if the Ordinance is literally applied, and legal
alternatives exist for placing a detached, accessory building 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.
7. The contents of Planning Case 96-030V A are hereby entered into and made a part
of the public record and the record of decision for this case
16200 ~Sg1~<(92~. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
.-\N EQLOAL OPPORTL:"<ITy. E:"IPLOYER
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby recommends
denial of the requested variance to permit a pole building in the Rl-Suburban Residential
zoning district.
Adopted by the Board of Adjustment on April 22, 1996.
Richard Kuykendall, Chair
ATTEST:
Donald R. Rye, Planning Director
96 I 7PC.DOC/RJvtL
2
RESOLUTION 9618PC
A RESOLUTION DENYING A REQUEST BY ROBERT W. OSTDIEK TO PERMIT
CONSTRUCTION OF A 1,792 SQUARE FOOT ACCESSORY BUILDING ON THE
PROPERTY LOCATED AT 4510 JACKSON TRAIL NE. IN THE R1-SUBURBAN
RESIDENTIAL ZONING DISTRICT;
BE IT RESOL YED BY the Board of Adjustment of the City of Prior Lake, Minnesota~
FINDINGS
1. Robert W. Ostdiek has applied for a variance from Section 6.2 of the Prior Lake
Zoning Ordinance to permit the construction of 1,792 square foot accessory
building for the storage of personal property on property located in the Rl-
Suburban Residential zoning district at the following location, to \\lit;
Lots 11 and 12, Block 1, TITUS 2ND ADDITION, Scott Coun:.)'
Minnesota.
2. The Board of Adjustment has reviewed the application for variance as contained
in Case 96-030V A and held a hearing thereon on April 22, 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 variance on the Comprehensive Plan.
4. The request does not meet the Ordinance criteria, in that reasonable use of the
property can be obtained if the Ordinance is literally applied, and legal
alternatives exist for placing a detached, accessory building 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.
7. The contents of Planning Case 96-030Y A are hereby entered into and made a part
of the public record and the record of decision for this case
16200 e'8~~<tI?2~l.e. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQLAL OPPORTLNITY E:vlPLOYER
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby denies the
requested variance to permit a 1,792 square foot accessory building in the R I-Suburban
Residential zoning district.
Adopted by the Board of Adjustment on April 22, 1996.
ATTEST:
Richard Kuykendall, Chair
Donald R. Rye, Planning Director
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9618PC.DOC/RML
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