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HomeMy WebLinkAboutScott County Variance PLANNING ADMINISTRATIVE FORM File Number /0 4- 1/-/02 SCOTT COUNTY, MINNESOTA Fee Paid s`As°! Office of Planning, Inspections Date Filed - - -8 & Environmental Health Township , Zoning District ,E �- /Y aOrdinance Section 6 - 8'- Street Location of Property: • d4f/c2.3 � , , Legal Description of pperty; Total Acreage � Owner. Name: �,liipr/ Phone: `/V7-.2/,W 1v , Address: Zip Code Applicant(if other than owner): Name: i /.�� t• Phone: 017-6-465/ Address: /7.2g0 axe/ 604 Zip Code 6S3 7c2 /J Variance Request: 2Ja14 > ,�G.,cQfS� 076/0 / -teiL .c_ZZiotc.L frsetrze.,:•;44,,;) Signature of Applicant: Date of Public Hearing: 7, /p S 7. g ; .2O , gyp. NOTE: Sketch of proposed property shall accompany this application, showing the following: 1. North Direction 2. Location of proposed structure on lot Receipt# 3. Dimensions of front and side set-backs l (-)3 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 aZ - 9- 87 (Date)subject to the following conditions: C2s-egeChairman, Scott County Board of Adjustment 06500-2802 County S . SCOTT COUNTY di 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. 461,_ Jon Westlake Planning Director Scott County Courthouse Shakopee, Mn. 55379 An Equal Opportunity Employer e 563—Printer's Affidavit of Publication. Mason's Minn. Statutes, 1927, Chaps. 109 35, an amended by Ce. 373, G. L. 1933) Statz n'f Mittnrsn'ta, }ss. COUNTY OF SCOTT C. Edward Townsend 4 , being duly sworn, on oath says; that he 'T ''' MAY CONCERN; is, and during all the times herein stated has been editor and publisher of the Pursuant to provisions of Section newspaper known as the Belle Plaine Herald, and has full knowledge of the 8-8-.5 of the Scott County Zoning Or- facts hereinafter stated; that for more than one year prior to the publication Boarddie No. 3, the Scott County Notice of Public Meat=n� Nundahl of Adjustment will hold a therein of the g-i' Public Hearing on Monday, February a,1957 at 8:20 p.m.or soon hereinafter described said newspaper was printed and published in the Borough thereafter in the Assembly Room 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, Min 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 requ4I#t of dohd Muadahi on the sheet form equivalent in space to at least four pages, with five columns to a property described as The South 75.00 feet of Govern page, each sixteen inches long; has been issued once each week from a known merit 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 terliue of County State Aid Highway its makeup not less than twenty-five per cent of its news columns have been Number 23,Spring Lake Township; The puriwseof said 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 setback to 54'to maintain an 8'x12' in and near its said place of publication to the extent of at least two hundred deck on the above menti0ned. and forty (240) copies regularly delivered to paying subscribers and had entry property in the UE-Urban Expan- 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 objec- the office of the County Auditor of Scott County, Minnesota, the affidavit of a tivee 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 hereto attached Planning Director was cut from the columns of said newspaper, and was printed and published Scott Shakop Courthouse therein in the English language,Shakopee,MN 95379 g one each week, for8 th successive weeks; herald that it was first so published on 'lr�i3ti�, the- - day of January , 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 Z, 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 aBafle igiatiiWirat.axyz __...,--( .-21.XA.:)'/I_ZZ i:.24-7.-----P___a_-_?-LE_Lt_-_c_________ ..[Z/ Subscribed and sworn to before me this 9th day February 19 87 3 Nota y ublic, cott County, Minnesota. OR6Y1 J.CIWLSON t+ NtOTMY A My commission expires___ �� , 19?_1_ 1'• ' My Comm. Expires Sept. 5. 1991 Tim Bothof Link Brothers Daniel Thielen P.O. Box 281 12831 Link Drive 17220 Panama Ave. Prior Lake, Mn. 55372 Shakopee, Mn. 55379 Prior Lake, Mn. 55372 John Mundahl Roger Knox Robert Klehr/Michael Hannan 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 172140 Panama Avenue in Prior Lake. The house was awned at the time by Marion Rademacher. I owned this house for eight months, selling it to Tim Botof on October 1, 1986. During this time I did numerous repairs to 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 to 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 carpenterand to my knowldege meets the requirements of the Uniform Building Code. Sincere ' , L . JoR. ?Amdahl STATE OF FEB 91987 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 r , p. _c'.,�,_ .i - err . -L-J1.1"11111111113M4-__ Nifor- 111111fttea'a • ■ I3 1- 111 1 II II 00.8.11,, fir, if " * a• w _ _ -. illk"1.1- - A - fi - . 4' Ali ai .r '�✓ ----1"--1-41", ~ -111 ' 4 ` ' 111, ' ' 1�;/ '. TOWNSHIP RECOMMENDATION FORM On ?Oki-#.416 g 19 7 the Town Board of discussed with /� the request to aliZt Gdery dGG4. 'U3 eGt r.� 4r/ki- ,4 � SQL L•c4L ,Qc 4 _ e A 4.,44/1 ; „r) After reviewag the Request the Town Board: 1. RECOMMENDS APPROVAL WITH THE FOLLOWING CONDITIONS: 2. RECOMMENDS DISAPPROVAL FOR THE FOLLOWING REASONS: 3. HAS NO RECQ4MENDATION AT THIS TIME, BUT WILL ENT ONE AFTER FURTHER DIS— CUSSION WITH THE PLANNING CCMVIlMISSION. SIG 1/4 yi CLERK (; „ .-- , SUPERVISORSUPERVISOR SCOTT COUNTY BOARD OF ADJUSTTM 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 L Request: Reundquist (Laurent Builders, applicant) Request for Variance (#1023-V-8) frau the required 100' lake setback to 66', fran 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 Location: gopher mound system to build a hare. 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 Maon Request: heY, applicant) Request for Variance (#1021-V-12) from 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 Location: required 75' lake setback to 40' to build a hare. _ Section 9, Plainview Heights Addition Town Current :Zoning: Spring Lake Zbwnship UE-Urban Expansion V. PUBLIC HEARING - 8:20 p.m. Applicant: John 'Amdahl Request: Request for Variance (#1020-V-12) frau the required lake setback to 54' to maintain an 8' x 12' deck. 200 Location: Section ii TbwnshiTuwrent:Zoning: Spring Lake Zbwnship UE-Urban Expansion VI. PUBLIC HEARING - 8:30 p.m. Applicant: Harvey Ruehling Estate (Paul Till Request: Request for Variance (1022-V-1) f asthealicrequired lot size to a 23 acre residual tract to in40 acre farmstead. maintain a Location: Section 9 Township: Belle Plaine Township Current Zoning: A-1 VII. General and Adjourn John Mundahl - est for Variance - rin' Lake Townshi. The request is for a Variance from the r maintain a 8' x 12' deck at 17240 P ��� 200' lake setback to Panama Avenue in54' to The lot is very small, 75• Spring Lake 7.1�ship_ x 157', because of this the lake se impossible to meet. This is one of� °mes on small lots lying setback Lake and and Panama Avenue. Most of the hones have small decks orbetween Crystal oolong the Last November a 40' lake variance was granted on this r construct a garage, property to Tim Bothof to Wil' mandation at this time but willcommendaThe �i Board of Spring Lake has no r Adjustment• one after further discussion with theoftion make Board DNR /22OOdation: The Department of Natural ecatmended Resources has Three�n Annexation Board Re rec nd� approval. CO dation: The Three-Man Annexation Board has ts: The Staff ofehe hates where the is small (8' x 12') and is located corner e was granted a variance to 40' fr-an the detached is located. � the garhost same as the detached garage � the high water mark (NH4) which is the ��� that the deck be allowed to remain,Ordinarily, the office would not interferefyou the deck size and location to theome however, this it wouldar case, with the view of other properties. garage, it g � not It is therefore recommended the existing deck be allowed for or the following 1. Due to the deck location abutting nei it will not detract frau the view of the 2. Other detaches srs. tructures 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 2. under the deck be enclosed. the area The variance is granted for the d not be enlarged in the future. eclt which is 8' x 12' and it shall and noting that: 1• The Spring Lake Town recommended ,,�, d-and 3-Man Orderly Annexation Boaza has / ,_ 0 BOARD CF ADJUSTMENT MEETING - February 9, 1987 The Scott County Board of Adjustment held a meeting on Nbnda in the AssemblyRoom of the Scott CountyCourthouse, Shakopee, February 9, 1987 pee, MN. Members present were: Colter, Gerdes, Kaiser, Ruehling Westlake, Planning Director. Hill was absent. and Miller and Jon Mr. Culler presided at the meeting the meeting to order at 8:00 p.mthe absence of Chairman Hill and called . Moved by Ruehling, seconded by Gerdes to table election of 1987 officers until the next meeting. Notion carried. Moved by Ruehling, seconded by Miller to approve the minutes of 1987 as submitted. Notion carried. January 12, The first public hearing was a Request for Variance (#1023-V-8) of Robert toto 66', tr(represented the by Laurent Builders) from the required 100' lake setback stal, therequired 10' setback frau the northeasterly lot line to 3' to septic tank and 0' frau the road right of mound system to build a have on Lot 2, Block 7 of Eh el�haveno install the gopher Township in the R-2 District. There are onlyg dui, incl this lot, which have not be built upon. '° lots in Engelhaven, including This lot came before the BOA on two previous occasions for variances to construct a hone. in 1979, a variance was anted tothe home was not built. In August of 1986,a variance 7wa.5'sfrau the lake fbut rom the lake to build a acme but due to a 20' granted to 80' from required to a foundation the tsetback frcm asystem bane could not be built at the 80' setback. being requested is the same home as last Au The home any closer to the road because of the large ft. The area cannot be located gopher mound sewage system. o�t of area needed for the The DNR recommended the garage be brought in line with the move the have an additional 9' from the lake. The home whichot would did not make a recommendation and stated the �1 Board of Louisville system located adjacent to the road right of ad not want to see the sem smaller hone be designed to fit the lot. way. They suggested that a The BOA indicated to Mr. Laurent that th layout which would meet the variance eI' are looking for a bane design and variates approved in 1986 that is similar to other granted in this subdivision. Moved by Kaiser, seconded by continue the hearing for the applicant to design proposal. to Notion carried: a more suitable proposal. Ayes 5 Nays 0 The next public hearing on the agenda was a of Mrs. Fred Klein Mahoney, Request for Variance (#1021-V-12) and 300' lot Klen (JohnJo to add applicant) from the required 10 acre lot size e �ernmentLot 4 to Lot 14 of Plainview Heights to create a lot and from thrin required 75' lake setback to 40' to build a dome in Section 9 of and R-2 District. g Lake Township in the UE, Urban Expansion District Ie - Page Three - Mr. Jahn M ndahl presented his Request for Variance (#1020-V-12) f required 200' lake setback to 54' to maintain an 8' x 12' deck n from the Spring Lake Township in the tiE, Urban Section 11 of constructed the deck last Expansion District. Mr. ��hl variance was necessary, stir without knowledge a building permit or The lot is very small, 75' x 157', therefore maks impossible to meet. This site is one of 6 homes on the all required l setback Crystal Lake and Panama Ave. Last Nov lying cetwasn granted on this property to Tim Bothofetoeconstruct a garake age. variance was The Town Board of Spring Lake and the 3 recommended approval of man Orderly Annexation Board has tshee t exceed The DNR recommended approval as the location of the deck �� setback for the previously approved garage and would not cause a site MMfollowing o gd by Miler, seconded by liehUng to approve the for �variancegrequest, for the' 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 Orden Department of Natural Resources has r Y Anded approval.Board, and eoam�e Motion carried: Ayes 5 Nays 0 The last public hearing was a ehlast public (Paul Request for Variance (#1022-V-1) of the Harvey to a 23 acre to Pl Tiltra�ot, applicant) frau the required 40 acre lot size of Belle Plaine Zbwnshi in maintain a farmstead in the NW 1/4 of Section 9 P the A-1 District. At the January Planning mission meetin Ruehling's Estate was g. approximately 65 acres of Harvey Proposed to be rezoned frau A-i to A-2. This 23 acre residual tract contains the farmstead therefore be' and lies south of Union Hill Blvd. 1 Separated frau the other 97 acres of the farm. Ordinance considers roads to be lot lines. The Zoning existing code which would allow us to There is no means through the opposite side of the road, Several other combinethe 23 acres with acreage on the acreage of a farm by a road have been tedcvls sepasatnd the past. PLANNING, INS EO CT NS gSCO �OU NTY ENVIRONMENTAL HEALTH COURT HOUSE A102 fSHAKOPEE, 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' 11 of Spring Lake Township in the UE District. in Section 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, y and Department of Natural Resources rhas lrecommendedn Board, approval. Enclosed please find a copy of the application you with office. Please be advised that a variance becomes voiddunlesstused within one (1) year. State Law states there is a 30 day a notice to District Court from the date of receipt of this lettl tter. An Equal Opportunity Employer "s STATE OF MINNESOTA SCOTT 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 I3othof, 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 Zbwnship 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 (----- ._. 40;'/ - :_,(., ' Chairman of Bo. -. o 10justment STATE OF MINNESOTA) OFFICE OF COUNTY PLANNING )ss. COUNTY OF SCOTT ) 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 Shakopee, MN 55379 ' ot- CountyPlanning rector Di Director Variances are valid for a period of one year following approval and shall be considered void if not used within that period. r' Exhibit "A" 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 the Department of Natural Resources has recommended approval. off,a of County Recorder Scott County,Minn. ss. I hereby certify that the within instrument was filed in this office for record .;n the O day of A.D.19 bt /s o'cbck and duh recorded as C';',of)1 ' r' �' Document • ,Lif_LI s,.ry ii • COMO Recorder BY Deputy ref 1 0 ,: ar+r,� avt .,,Its.,4,,,,,,,' ,.r�:y!k41 �+otk'""s 5 e kt,4<:' ,.„.. yxiBa s� asst f x r x.. ,'zta{ ry ., ...r .* 're.. i5trva7 a;'.�rp:�": ( yq 4's}f# gf y &-0&'� a # ,, ,g�w d b s "4„,7'.'4 X' . Y {lb+Yt 'V:{" i'xff r. .. .,” x• A «,'y47kt°'4" jk'''X[i` A . 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