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HomeMy WebLinkAboutScott County Deck Variance Info 4 PLANNING ADMINISTRATIVE FORM File Number /d SCOTT COUNTY, MINNESOTA Fee Paid 0,etS—°` Date Filed - -8 Office of Planning, Inspections Township tit 044.0. & Environmental Health Zoning District_ OF r 44.0.,get, Ordinance Section 6 — g-Street Location of Property: a • a , at, Legal Description of P rty: �l 7/x-22 Total Acreage / t � Owner. Name: /., v/ � / Phone. 6197-.2/.21 lee Address: �p Zip Code i��..( .r-/ i/17-6 ' f Applicant(if other than owner): Name:Z /.. � • Phone: Address: /7a2 20 / . - ate,� / Zip Code 6-- 3 74:2 iter.frt) a-/Cter,P1--e--$2-) 24) /ley�� .2616'Variance Request: Jeth.- Lcr-4/ I ,,kfreev2z-o• cz.J)el Signature of Applicant: Date of Public Hearing: X/: 9� /9 7. g ' .2 Or, - NOTE: Sketch of proposed property shall accompany this application, showing the following: 1. North Direction 2. Location of proposed structure on lot Receipt# PI 1 4/ 3. Dimensions of front and side set-backs 4. Dimensions of proposed structure 5. Street names 6. Location of adjacent existing buildings 7. Other information as may be requested FOR OFFICIAL USE ONLY Approved � Denied by the Board of Adjustment on - ?- 87 (Date)subject to the following conditions: .?2;1"aePChairman, Scott County Board of Adjustment /60 ?- v- t, County 06500-2802 r AllSCOTT COUNTY PLANNING, INSPECTIONS & ENVIRONMENTAL HEALTH COURT HOUSE A102 SHAKOPEE, MN. 55379-1393 (612)-445-7750, Ext.350 or(612)-937-6353 January 22, 1987 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN; Pursuant to provisions of Section 6-8-5 of the Scott County Zoning Ordinance No. 3, the Scott County Board of Adjustment will hold a Public Hearing on Monday, February 9, 1987 at 8: 20 p.m. or soon thereafter in the Assembly Room of the Scott County Courthouse, 428 South Holmes St. , Shakopee, Minnesota to consider the Variance request of John Mundahl on the property described as: The South 75.00 feet of Government Lot 4, Section 11, Township 114, Range 22, lying West of the centerline of County State Aid Highway Number 23, Spring Lake Township The purpose of said hearing will be to determine whether to grant a Variance from the required 200 ' lake setback to 54' to maintain an 8 ' x 12' deck on the above mentioned property in the UE-Urban Expansion District and whether said action would be determinental to the objectives of the County Plan, the public health, safety or welfare or materially injurious to properties or improvements located in the vicinity thereof. ...71et,_ C.t)--=4 Jon Westlake Planning Director Scott County Courthouse Shakopee, Mn. 55379 An Equal Opportunity Employer t , 563—Printer's Affidavit of Publication. Mason's Minn. Statutes, 1927, Chaps. 109 35, an amended by Ce. 373, G. L. 1933) Statz rd Vainnrsrita, 188. COUNTY OF SCOTT t C. Edward Townsend , being duly sworn, on oath says; that he "To' '' ` . " MAY is, and during all the times herein stated has been editor and publisher of the Pilisaitat to provisions of Section newspaper known as the Belle Plaine Herald, and has full knowledge of the 845 of the Scott County Zoning Or. facts hereinafter stated; that for more than one year prior to the publication dinance No. 3the Scott County Notice of Public T�featng-Itundahl Board of Adjustment will hold a therein of the — Pubiic Public Hearing an Monday, hereinafter described said newspaper was printed and published in the Borough February 97 1987 at$:20 p.m,or soon thereafter in the Assembly Boom of of Belle Plaine in the County of Scott, State of Minnesota, on Thursday of the Scott County Courthouse,428- each week; that during all said time said newspaper has been printed in the South Holmes St., Shakopee, Mill. English language from its known office of publication within the Borough of nesota to_consider the Variance Belle Plaine from which it purports to be issued as above stated in column and property John Mundahl on the sheet form equivalent in space to at least four pages, with five columns to a propexty described as:epage, each sixteen inches long; has been issued once each week from a known The South 75.00 feet of Govern.;. in Lot 4, Section 11, Township office established in said place of publication and equipped with skilled work- 114,Range 22,lying West of the cen. men and the necessary material for preparing and printing the same; that in terilne of County State Aid Highway Number 23,Spring Lake Township. its makeup not less than twenty-five per cent of its news columns have been The purpose of eaid:hearing will be devoted to local news of interest to the community it purports to serve; that it to determine whether to-grant a has not wholly duplicated any other publication, and has not been entirely Variance from the required 200'lake made up of patents, plate matter and advertisements;that it has been circulated back to 54'to maintain an 8'x12' in and near its said place of publication to the extent of at least two hundred deck onty the above mentioned and forty (240) copies regularly delivered to paying subscribers and had entry property in the UE.Urban Expau- sion District and whether said action as second class matter in its local postoffice; and that there has been on file in would be detrimental to the objet., the office of the County Auditor of Scott County, Minnesota, the affidavit of a tires of the County Plan, the public person having knowledge of the facts, showing the name and location of said health, safety or' welfare- or materially injurious to properties or newspaper and the existence of the conditions constituting its qualifications as improvements located in the vicinity a legal newspaper. thereof: Jon Westlake That the__Notice of Public Meeting-Mundahl hereto attached Planning Director, was cut from the columns of said newspaper, and was printed and published 1 Scott County Courthouse therein in the English language, one each week, fo successive weeks; Shakopee,MN 553798 th ''� &raid that it was first first so published on 7 i$ the — day of •i xt 7.. rs r J Janus 19.87 , and thereafter on Thursday of each week to and including the___ day of__________ , 19_______; and that the following is a printed copy of the lower case alphabet from A to a, both inclusive, and is hereby acknowledged as being the size and kind of type used in composition and publication of said notice, to-wit: abcdefghijklmnopqrstuvwxyz n aaal; inepgWvxyz -),f!'x-6:1 y z _.. ///oir' 4._e_e_c_Lt_u_l_.;( Subscribed and sworn to before me this 9th day February , 19 87 & \- Nota y ublic, cott County, Minnesota. n i.eNOT t� A I My commission expires___ Si..-+.t , 19q--1- t'ti •:, ! ' My comm Exp res 5, 1991 i Tim BothLnk Brothers Danel Thielen P.O. Box 2of 81 12i831 Link Drive 1722i0 Panama Ave. Prior Lake, Mn. 55372 Shakopee, Mn. 55379 Prior Lake, Mn. 55372 John Amdahl Roger Knox Robert Klehr/Michael Hennen 17280 Panama Ave 17260 Panama Ave. 4527 Pleasant St. S.E. Prior Lake, Mn. 55372 Prior Lake, Mn. 55372 Prior Lake, Mn. 55372 Orest Spande Clarence E. Aadland David Rhode 5100 Edina Ind. Blvd. 17300 Panama Ave. 17255 Panama Ave. Suite 208 Prior Lake, Mn. 55372 Prior Lake, Mn. 55372 Edina, Mn. 55435 James Farmer Clint Adamson Robert Deutsch 17136 Panama Ave. 17146 Maple Lane 17181 Panama Ave. Prior Lake, Mn. 55372 Prior Lake, Mn. 55372 Prior Lake, Mn. 55372 Roger Welch Francis Burke Robert Lampman 17215 Panama Ave. 1091 E. 245th 17156 Maple Lane Prior Lake, Mn. 55372 New Prague, Mn. 56071 Prior Lake, Mn. 55372 Al Stahlke Alan Borchardt Ernest Peacock 17151 Maple Lane 17222 Mushtown Road 17325 Panama Ave. Prior Lake, Mn. 55372 Prior Lake, Mn. 55372 Prior Lake, Mn. 55372 December 12, 1986 Dear Sirs: On March 1, 1986, I bought the house located at 17240 Panama Avenue in Prior Lake. The house was awned at the time by Marion Rademacher. I owned this house for eight mdnths, selling it to Tim Botof on October 1, 1986. During this time I did numerous repairs t& the house and the lot, spending about $3000 to upgrade its value. One of the improvements I made was a small deck, off the kitchen, measuring 8'x 121. This was my first attempp at making money in real estate and I neglected to get a building permit. I apologize for this oversight and willingly agree ti pay the double fee as was suggested by Barb Johnson in our phone call. When I went to Scott County to pay the fine, they said I needed a variance. I am making application tonight for a variance from your board. Recently, Tim was granted a variance for a garage which he would like to build. I am asking for the same consideration on the deck, that is: 1. The road and lake setback variances would not be out of character with the area. 2. The deck was constructed by a hired carpenter, and to my knowldege meets the requirements of the Uniform Building Code. Sincere , 4L_ Jo R. Mundahi P r STATES OF FEB 91987 UV LIV E JOUL. .� DEPARTMENT OF NATURAL RESOURCES PHONE NO. 296-7523 1200 WARNER ROAD, ST. PAUL, MN 55106 FILE NO. February 5, 1987 Mr. Jon Westlake Planning Director Scott County Courthouse Shakopee, MN 55379 RE: MAHONEY, MUNDAHL AND LAURENT BUILDERS' VARIANCE REQUESTS Dear Mr. Westlake: Please accept the following comments for the record at the public hearing on February 9, 1987. Robert Lundquist (Laurent Builders) . The proposed lake setback of 66' does not appear to be the minimum variance necessary. In this instance the garage is at the required 20' setback from the septic mound, however, the house design is such that it is 33' from the mound. Because of this it is closer to the lake. This is contrary to the criteria for granting a variance due to hardship. Accordingly, we recommend the house design be restructured to provide for the minimum variance necessary from the lake setback. John Mahoney (Mrs. Fred Klein) . I was unable to find any prior correspondence from this Department regarding this variance request. Therefore, these comments are of a de novo perspective. This variance request is not the minimum necessary in order to develop the lot. The applicant has proposed to move the garage 26 feet further from the lake then the house. There appears to be no reason why the house couldn't similarly be moved, other than it would change the design. Moreover, the adjacent structure on lot 13 has a setback of approximately 65 to 70 feet. It would be consistent with shoreland guidelines to maintain a similar setback in this proposal. Finally, the proposed deck is excessive. We normally recommend a deck not exceed 15% of the setback distance, or about 11' in this case. However, this is for those cases where the setback is already met and the variance is from the full setback. Therefore, we recommend the deck be eliminated or greatly minimized. I understand this lot will be graded to slope towards the lake. Spring Lake is already hypereutrophic in some respects to its water quality. Thus it is important to limit further degradation of its waters due to runoff. I would recommend that no grading of the lot occur within 50 feet of the shoreline. I would also suggest that an uncut stand of native grasses be left to provide a filtering effect in any drainage swale on this lot. AN EQUAL OPPORTUNITY EMPLOYER O r . _... .1, 0 r , , .. . , _ ....., i . ., -.- , .. .0. ./ t __......---Y Ift....._ - ''---iiiiii6. i 111110742/1 --k:Lt-, ,.:.- , -ri T -- mir.,...._____ ---., '17111"1111111711144410r— . 1111.1111111 a - ., - Ft .--s 1 1 ] II . v ----afr • - , -- „ • ... ---- ...--ss - - — __ _ ... .-TE-.. -- -.- _ ._,.....41011 ....- - -- ----.------..--='--...-7-' 0. :.- -- 7`. :'- 1 .r, -.... t :111.. 4 -- _--; __--,j• _ _ ---7--:-,-';" ,_ _ . — ...., _.. I — . ... . _‘ -... ... . . 41111 -ii II • • •- ..- . -.....7 .-- :iiiiiP • A ,a p IT ipj .I I-- z. . . .. • 00., ' 0,...441 ,41aNikit774A • . ij I 17 i 1 -" - .'T-"' .4-:-.-',.. 1 tgr -3:-. ' •• ' ' - 3' ' • . ii?I I. - - --7-- - .--... -/- TOWNSHIP REC(I4MENDATION FORM On ( 19 V/ the Town Board of 4,. - 254) discussed with 6 ,., the request to alt7_,1.ri G a.- 4 e...4- Li..g4thet tet- , a`"`/74,,t,,t1-c11c da4,6 241.- Lis A , J ) . ti-° i After revie the Request the Town Board: 1. RECC1 MENDS APPROVAL WITH THE FOLLOWING CONDITIONS: 2. RECCNIMENDS DISAPPROVAL FOR THE FOLLOWING REASONS: 3. HAS NO RECCJMENDATION AT THIS TIME, BUT WILL ENT ONE AFTER FURTHER DIS— CUSSION WITH THE PLANNING CCMMISSION. SIG P:.00 �' / ' i �., CLERK ,L c__- ERVISOR �� ( )_._e'',A-4_ SUPERVISOR SUPERVISOR • SCOTT COUNTY BOARD OF ADJUSTMENT Scott County Courthouse, 428 South Holmes Street, Shakopee, Minnesota Assembly Roan at 8:00 p.m., Monday, February 9, 1987 I. Election of Chairman, Vice-Chairman, and Secretary for 1987 II. Approval of Minutes of January 12, 1987 III. PUBLIC HEARING - 8:00 p.m. Applicant: Robert Lundquist (Laurent Builders, applicant) Request: Request for Variance (#1023-47-8) frau the required 100' lake setback to 66', frau the required 10' setback frau the northeasterly lot line to 3' to install the septic tank, and 0' frau the road right-of-way to install the gopher around system to build a home. Location: Lot 2, Block 7, Engelhaven Subdivision Township: Louisville Township Current Zoning: R-2 IV. PUBLIC HEARING - 8:10 p.m. Applicant: Mrs. Fred Klein (John Mahoney, applicant) Request: Request for Variance (#1021-V-12) frau the required 10 acre lot size and 300' lot width and to add part of Government Lot 4 to Lot 14 to create a lot, and frau the required 75' lake setback to 40' to build a hone. Location: Section 9, Plainview Heights Addition Township: Spring Lake Township Current Zoning: UE-Urban Expansion V. PUBLIC HEARING - 8:20 p.m. Applicant: John Mundahl Request: Request for Variance (#1020-V-12) frau the required 200' lake setback to 54' to maintain an 8' x 12' deck. Location: Section 11 Township: Spring Lake Township Current Zoning: UE-Urban Expansion VI. PUBLIC HEARING - 8:30 p.m. Applicant: Harvey Ruehling Estate (Paul Tillquist, applicant) Request: Request for Variance (1022-V-1) fran the required 40 acre lot size to a 23 acre residual tract to maintain a farmstead. Tocation: Section 9 Township: Belle Plaine Township Current Zoning: A-1 VII. General and Adjourn John Mundahl - Request for Variance - Spring Lake Township The request is for a Variance frau the required 200' lake setback to 54' to maintain a 8' x 12' deck at 17240 Panama Avenue in Spring Lake Township. The lot is very shall, 75' x 157', and because of this the lake setback is impossible to meet. This is one of 6 hares on shall lots lying between Crystal Lake and Panama Avenue. Most of the hones have shall decks overlooking the lake. Last November a 40' lake variance was granted on this property to Tim Bothof to construct a garage. Township Recommendation: The 'lawn Board of Spring Lake has no recommendation at this time but will make one after further discussion with the Board of Adjustment. DNR Recommendation: The Department of Natural Resources has recommended . Three-Man Annexation Board Recommendation: The Three-Man Annexation Board has recommended approval. Staff Comments: The deck is small (8' x 12') and is located on the Northwest corner of the hone where the detached garage is located. This garage was granted a variance to 40' frau the normal high water mark (NHIOI) which is the same as the detached garage to the north. Ordinarily, the office would not recommend that the deck be allowed to remain, however, in this particular case, if you note the deck size and location to the hoarse and garage, it would not interfere with the view of other properties. it is therefore recommended the existing deck be allowed for the following reasons: 1. Due to the deck location, it will not detract frau the view of the abutting neighbors. 2. Other detached structures in the area are closer to the lake. and with the following conditions: 1. No roof shall be erected on the deck nor shall the deck or the area under the deck be enclosed. 2. The variance is granted for the deck which is 8' x 12' and it shall not be enlarged in the future. and noting that: tit it., , ,,,,,1„.8 1. The Spring Lake Tawn 3-Man Orderly Annexation Board has recommended ,„-e,u,m„ ,e . . o.. . - i� . n .■ °r -'rSI a- r. -• moi. e- of BOARD OP ADJUSTMENT MEETING - February 9, 1987 The Scott County Board of Adjustment held a meeting on Monday, February 9, 1987 in the Assembly Roan of the Scott County Courthouse, Shakopee, MN. Members present were: Coller, Gerdes, Kaiser, Ruehling and Miller and Jon Westlake, Planning Director. Hill was absent. Mr. Coller presided at the meeting in the absence of Chairman Hill and called the meeting to order at 8:00 p.m. Moved by Ruehling, seconded by Gerdes to table election of 1987 officers until the next meeting. Motion carried. Moved by Ruehling, seconded by Miller to approve the minutes of January 12, 1987 as submitted. Notion carried. The first public hearing was a Request for Variance (#1023-V-8) of Robert Lundquist (represented by Laurent Builders) frau the required 100' lake setback to 66', frau the required 10' setback frau the northeasterly lot line to 3' to install the septic tank and 0' frau the road right of way to install the gopher mound system to build a home on Lot 2, Block 7 of Engelhaven in Louisville Township in the R-2 District. There are only two lots in Engelhaven, including this lot, which have not be built upon. This lot came before the BOA on two previous occasions for variances to construct a bane. In 1979, a variance was granted to 73.5' frau the lake but the hams was not built. In August of 1986, a variance was granted to 80' from the lake to build a home but due to a required 20' setback frau a mound system to a foundation, the hone could not be built at the 80' setback. The home being requested is the same home as last August. The have cannot be located any closer to the road because of the large amount of area needed for the gopher mound sewage system. The DNR recommended the garage be brought in line with the home which would move the have an additional 9' frau the lake. The Town Board of Louisville did not make a recommendation and stated they did not want to see the sewer system located adjacent to the road right of way. They suggested that a smaller home be designed to fit the lot. The BOA indicated to Mr. Laurent that they are looking for a have design and layout which would meet the variance approved in 1986 that is similar to other variances granted in this subdivision. Moved by Kaiser, seconded by Miller to continue the hearing for the applicant to design a more suitable proposal. Motion carried: Ayes 5 Nays 0 The next public hearing on the agenda was a Request for Variance (#1021-V-12) of Mrs. Fred Klein (John Maloney, applicant) from the required 10 acre lot size and 300' lot width and to add part of Government Lot 4 to Lot 14 of Plainview Heights to create a lot and frau the required 75' lake setback to 40' to build a home in Section 9 of Spring Lake Township in the UE, Urban Expansion District and R-2 District. - Page Three - Mr. Jthn Mandahl presented his Request for Variance (#1020-V-12) from the required 200' lake setback to 54' to maintain an 8' x 12' deck in Section 11 of Spring Lake Township in the UE, Urban Expansion District. Mr. Amdahl constructed the deck last summer without knowledge a building permit or variance was necessary. The lot is very small, 75' x 157', therefore making the required setback impossible to meet. This site is one of 6 hares on small lots lying between Crystal Lake and Panama Ave. Last November a 40' lake setback variance was granted on this property to Tim Bothof to construct a garage. The Town Board of Spring Lake and the 3-Man Orderly Annexation Board has recommended approval tithe request. The DNR recamnended approval as the location of the deck s not exceed the setback for the previously approved garage and would not cause a site view problem for neighboring property owners. Moved by Miller, seconded by Ruehling to approve the variance request, for the following reasons: 1. Due to the deck location, it will not detract frau the view of the abutting neighbors. 2. Other detached structures in the area are closer to the lake. and with the following conditions: 1. No roof shall be erected on the deck nor shall the deck or the area under the deck be enclosed. 2. The variance is granted for the deck which is 8' x 12' and it shall not be enlarged in the future. and noting that: 1. The Spring Lake Toon Board, 3-Man Orderly Annexation Board, and Department of Natural Resources has recommended approval. Motion carried: Ayes 5 Nays 0 The last public hearing was a Request for Variance (#1022-V-1) of the Harvey Ruehling Estate (Paul Tillquist, applicant) frau the required 40 acre lot size to a 23 acre residual tract to maintain a farmstead in the NW 1/4 of Section 9 of Belle Plaine Township in the Al. District. At the January Planning Commission meeting, approximately 65 acres of Harvey Ruehling's Estate was proposed to be rezoned from A-1 to A-2. This 23 acre residual tract contains the farmstead and lies south of Union Hill Blvd. therefore being separated fran the other 97 acres of the farm. The Zoning Ordinance considers roads to be lot lines. There is no means through the existing code which would allow us to combine the 23 acres with acreage on the opposite side of the road. Several other parcels separated from the remaining acreage of a farm by a road have been granted variances in the past. SCOTT COUNTY Orli PLANNING, INSPECTIONS & ENVIRONMENTAL HEALTH COURT HOUSE A102 SHAKOPEE, MN.55379-1393 (612)-445-7750, Ext.350 or(612)-937-6353 MEMORANDUM: TO: John Mundahl FROM: Jon Westlake, Planning Director DATE: February 18, 1987 SUBJECT: Request for Variance (#1020-V-12) from the required 200' lake setback to 54' to maintain a 8' x 12'. deck in Section 11 of Spring Lake Township in the UE District. This is to inform you that the Scott County Board of Adjustment has granted the above mentioned Variance request, effective February 9, 1987, for the following reasons: 1. Due to the deck location, it will not detract from the view of the abutting neighbors. 2. Other detached structures in the area are closer to the lake. and with the following conditions: 1. No roof shall be erected on the deck nor shall the deck or the area under the deck be enclosed. 2 . The variance is granted for the deck which is 8 ' x 12' and it shall not be enlarged in the future. and noting that: 1. The Spring Lake Town Board, 3-Man Orderly Annexation Board, and Department of Natural Resources has recommended approval. Enclosed please find a copy of the application you filed with this office. Please be advised that a variance becomes void unless used within one (1) year. State Law states there is a 30 day appeal notice to District Court from the date of receipt of this letter. An Equal Opportunity Employer STATE OF MINNESOTA SCOT COUNTY BOARD OF ADJUSTMENT COUNTY OF SCOTT VARIANCE PROCEEDINGS In the matter of Variance #1020-V-12 ORDER OF VARIANCE REQUEST: Variance from the required 200' lake setback to 54' to maintain an 8' x 12' deck on the below described property in the UE, Urban Expansion District. Tim Bothof, Owner John Mundahl, Applicant The above entitled matter came on to be heard before the Scott County Board of Adjustment on the 9th day of February, 1987, on a petition for a variance pursuant to the Scott County Zoning Ordinance, for the following described property: The South 75.00 feet of Government Lot 4, Section 11, Township 114, Range 22, lying West of the centerline of County State Aid Highway Number 23 - Spring Lake Township IT IS ORDERED that a variance be granted as upon the following or reasons: See Attached Exhibit "A" ) EFFECTIVE DATE: February 9, 1987 DATED this 9th day of March, 1987 (----- tet" Chairman :.. . of Ad tment STATE OF MINNESOTA) OFFICE OF COUNTY PLANNING ss. COUNTY OF MOTT ) SCOTT COUNTY I, Jon Westlake, Planning Director for the County of Scott with and in for said County, do hereby certify that I have compared the foregoing copy and Order granting a variance with the original record thereof preserved in my office, and have found the same to be correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at Shakopee, Minnesota in the County of Scott, on the 10th day of March, 1987. DRAFTED BY: Name: Kathleen Bongard Address: Scott Co. Courthouse 1174 //t,44%4;744 Shakopee, MN 55379 ot- County Planning Director Variances are valid for a period of one year following approval and shall be considered void if not used within that period. r r. Exhibit "A" 1. Due to the deck location, it will not detract frau the view of the abutting neighbors. 2. Other detached structures in the area are closer to the lake. and with the following conditions: 1. No roof shall be erected on the deck nor shall the deck or the area under the deck be enclosed. 2. The variance is granted for the deck which is 8' x 12' and it shall not be enlarged in the future. and noting that: 1. The Spring Lake Town Board, 3-Man Orderly Annexation Board and the Department of Natural Resources has reccitmended approval. (afire of County Recorder s5. Scott County.Minn, I hereby certify that the within instrument was filed in this office for record .,n the O day of f) ,M/ / A.D.19 at '/,'o'clock /q/Y1 ant duly recorded es ("C') (' Document C..i'L;'''"`� • County Recorder BY Deputy f iE / o