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Home My WebLink About4C - Hillcrest Homes Setback AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: DISCUSSION: ALTERNATIVES RECOMMENDATION ACTION REQUIRED: STAFF AGENDA REPORT 4C JENNI TOVAR, PLANNER Jr:;r- CONSIDER APPROVAL OF RESOLUTION 96-XX UPHOLDING THE APPEAL OF HILLCREST HOMES AND THUS, PERMITTING THE USE OF SETBACK AVERAGING DECEMBER 2, 1996 On November 18, 1996, the City Council considered an appeal from Hillcrest Homes, of the decision of the Zoning Officer to deny the use of setback averaging for the construction of a single family dwelling located at 5600 Fairlawn Shores Trail. The Council directed the staff to prepare a resolution, with findings of fact, overturning the decision of the Zoning Officer and approving the use of setback averaging as proposed. The attached resolution was drafted as directed and included the requirement that the proposed improvements shall be in accordance with the submitted certificate of survey. 1. The City Council may adopt Resolution 96-XX, upholding the appeal of Hillcrest Homes and the recommendation of the Planning Commission, and overturning the decision of the Zoning Officer to deny this request. 2. The City Council may adopt Resolution 96-XX with amendments as appropriate. Alternative #1. Motion and second as p 'rt of the consent agenda to adopt Resolution 96-XX '.1 (~ Jt.JL applcc2.doc 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-XX UPHOLDING THE RECOMMENDATION OF THE PLANNING COMMISSION IN THE MATTER OF AN APPEAL OF A DECISION OF THE ZONING OFFICER RELATING TO SETBACK AVERAGING, CASE NO. 96-106, AND APPROVING THE USE OF SETBACK AVERAGING FOR HILLCREST HOMES ON PROPERTY LOCATED AT 5600 FAIRLA WN SHORES TRAIL MOTION BY: SECOND BY: WHEREAS, the Prior Lake City Council conducted a hearing on the 18th day of November, 1996, to act on an appeal by Hillcrest Homes of the Zoning Officer's denial of a request to use setback averaging for property legally described as Lot 24, Fairlawn Shores; and WHEREAS, the City Council finds that the appeal meets the standards for setback averaging set forth in Section 5-8-3 (D, 2) of the City Code, and that the appellant has set forth adequate reasons for overturning the decision of the Zoning Officer; and WHEREAS, the Planning Commission has recommended the City Council overturn the decision of the Zoning Officer: NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE: FINDINGS 1. Hillcrest Homes appealed the decision of the Zoning Officer relating to the use of setback averaging as described in Section 9. D. of the Zoning Ordinance in order to permit the construction of a single family dwelling on property located in the R-l (Suburban Residential) District and the SD (Shoreland Overlay) District at the following location, to wit; 5600 Fairlawn Shores Trail, legally described as Lot 24, Fairlawn Shores 2. The Planning Commission reviewed the appeal as contained in Case File #96-106, held hearings thereon on October 28, 1996, and recommended overturning the decision of the Zoning Officer. 16200 Eg~I~6tEr~SfAve. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 3. The Prior Lake City Council reviewed this appeal on November 18, 1996. 4. The City Council has considered the effect of overturning the decision of the Zoning Officer 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. 5. The applicant demolished a dwelling on Lots 24 and 25 of Fairlawn Shores. The applicant would not have demolished the entire structure, if the demolition would have knowingly removed their opportunity to utilize setback averaging. 6. The unique circumstances and conditions regarding the property are no fault or cause of the applicants. 7. The applicant has applied for a building permit using setback averaging of the setback of the structure on Lot 23, Fairlawn Shores and the setback of the previously existing structure on Lot 25, Fairlawn Shores. 8. Overturning the decision of the Zoning Officer allows construction of a permitted use, as proposed, on this property. 9. Setback averaging does not negatively impact light, air or drainage on the site. 10. The contents of Planning Case File #96-106 are hereby entered into and made a part of the public record and the record of the decision for this case. CONCLUSION Based upon the Findings set forth above, the City Council hereby overturns the decision of the Zoning Officer and concurs with the recommendation of the Planning Commission and approves the use of setback averaging to be used in determining the setback for the proposed structure from the Ordinary High Water Level of Prior Lake as proposed. The decision of the City Council to allow setback averaging to be used in this case is not meant to set a precedent for allowing setback averaging to be used with the setbacks of previously existing structures or that of structures that are not on adjacent lots. The circumstances in this particular case are unique, and thus warrant the overturning of the decision of the Zoning Officer not to allow the use of setback averaging. 1. The appellant may utilize setback averaging, provided the improvements shall be constructed in accordance with the certificate of survey submitted by the applicant (as part of the approved building permit) and attached to this resolution as Exhibit A. Passed and adopted this 2nd day of December, 1996. 96-106RE.DOC Andren Greenfield Kedrowski Mader Schenck { Seal} 96-106RE.DOC YES Andren Greenfield Kedrowski Mader Schenck NO City Manager, City of Prior Lake SURVEY ?FH:Y~H~D FOR' HILLCREST HOMES 16714 JAGUAR AVENUE LAKEVILLE, MN, 55044 Valley Surveying Co., P A. SUITE 120-C J 16670 FRANKLIN TRAIL FRANKLIN TRAIL OFFICE CONDOMINIUM PRIOR LAKE I MINNESOTA 55372 TELEPHONE (612j 447-2570 EXHIBIT A ~~"""":"" .... -.....~....... /',-,<::,-, 1 ~o"1 ~. v." / " ~. Vl/ / .I P'?/O/f f( ,. /' t) ~) .) 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J "".,,8-, ""'~ '9'~_ ' .. ! . ,0,' ,,~-_ J ' '9.54. _ ~ -.. I , -~" ,'- ,.~ (,,,( ~. ""'t <90.., Or C' ""t 0\" 0,,, OCC',< LU,. :: (0,. ''''', -) <!~ ~~'~z::._6 f4?. ~::: "'-'II EL '~32 ,27 26 ...~ ~ r-:. _; ,02" I " (llllvrll/4'( I -r' ~/ '0' 4S., c:..c- HOutr --.- 9352 ~ 1 ________-,' - . 49 9? TC' EL -____.. ~ N~o~,meos 954 1I~ .. ~~o .I .-- , r c. [L . -..ijt 934.115 -'-. 954.11 . -'-~ :3;' f~' ---- ---! A/fiLA IAn.. -- ~r/V S ',.-. H9~ES 93S ' " . rRAI L REV. 11/13/96 TO ADO ..' TO PROPOSED HOUSE, QEV 10/24/96 TO SHOW ELEV. AT TOP OF BANK. REV. 10/ 211 96 TO SHOW HSE. a DECK ON LOT Z6 a TOP OF BANK ON LOT 24 a TOE OF SLOPE. [ll-~SCR I P'l' hJl-1 ; Lot 2.J, l"^j;.i.' il,liiI-::', ~<':_'r.': ~0111.t), ,'lillll('SUl:i1. 1\.L:,u lill."vin, alL existill,! 1"'I'l'..'\,'.11.dlt:: ,-,:, :',;I,:V;:ll"'cj thi~; I~'tlt deW oj' ,Julv, l'~c)". Nal'ES' Hencn/l.-'.:~ l,l.'v,':ioll _'_"I.I:.~., Lur- 'lilt. Ol hyd. i1t l.oe: ':1 v: loei.,. tOl' 01: Lot Area above EL. 9()4.0 · 7, 336 sq.. ft. NET IMPERVIOUS SURFACE COVERAGE: 27.0.1. '" '. ..'4 933.6 ,;,,,, .r:l':. .:xi~;tillq llr:.H.~e ;; 1':Vdtion 1( ~t~t.'iQ.1 b~\,.Ji ahow proposed..... as R~v. 7/31196 To .I\ow 101 Arfll a dial. to 904.0 on adjolnillQ lola. I hereby certIfy that I"'. ""'y wos ~ by me or lII'der my dir<<t "",..V,.;OII and tflat , om a duly lIcensed Land Slfte)'or uncMr IN law. 0' th~ Stat. 01 1111,.,..80'.. ',' " ,.~t ,,.' 111 L t"!' ~./... . r ..i.J~'.L Dote 1-1<;' - ;.~ Lic.';'. No. 10,,:.5 I ~ o L SCALE 20 4~ ('ENOTES PROPOSED FINISHED GRA(IE ELEVATION I _ DENOTES PROPOSED ('\IRECTlON ,)F S'JRfACE DRAINAGE SET pquPOSED GARAGE SLAB AT ELEVATiON 936,20 SET PROPOSED TOP OF BLOCK A T ELEVATION 936 53 SET THE LOWEST FLOOFl AT ELEVATION 928,34 IN FEET o Denol. 1/2 incll . ,.. inch WOll monument lit and marfl.d by LlC:''''' No. /018:5 . o.IIot.. irOlt mOltu_' f04llld II O~not~! P /( NaIl ..t ""I E' No ~~~ ~,-'()I(.. ~~~, _PAfi!_~ ..: