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Home My WebLink About8A - Hayes Variance AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: STAFF AGENDA REPORT 8A R. MICHAEL LEEK, ASSOCIATE PLANNER CONSIDER APPROVAL OF RESOLUTION 95-104 FOR AN ADMINISTRATIVE LAND DIVISION AND VARIANCE APPLICATION FOR PAT HAYES OCTOBER 2, 1995 The purpose of this item is to consider an administrative land division and variances for the property located at 4230 Quaker Trail. The subject site is legally described on the attached survey. The administrative land division/variance applications have been processed according to Subdivision Ordinance 87-10, Section 6-1-3. The subject site currently consists of 2 lots, Lots 43 and 44, C.O. Hennen's Maple Park Shore Acres, Scott County, Minnesota. The proposal is to reconfigure the lots by splitting them from East to West rather than from North to South. (See the attached survey for the existing and proposed configurations) The existing lots are lots of record with 50' in width and 7500 square feet of area each. Lot 44 contains an existing single- family structure, while Lot 43 is vacant. The paved portion of Quaker Trail runs across the Southwest corner of Lot 43. The density of building sites would be unchanged by the proposed division. The net area of each lot would remain unchanged, but the width of each lot would be increased from 50 feet to 75 feet. The proposed lots are buildable in that the proposed lot area meets the minimum, and the proposed lot widths exceed the minimum requirements of the Shoreland Ordinance at Section 9.3(8) regarding substandard lots The net result would be larger, more usable building pad configurations on the lots. In order to subdivide the property as proposed, the following variances are requested; 16200 Bf~~Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER / ENGINEERING ISSUES: ISSUES: ALTERNATIVES: 1. A 4500 square foot variance to permit lot area of 7500 square feet for both proposed Parcels A and 8. 2. A 10 foot variance to permit a lot width of 75 feet instead of the required 85 feet. The plat of C.O. Hennen's Maple Park Shores does not contain drainage and utility easements. Therefore a condition of approval should be that drainage and utility easements be granted to the City of Prior Lake adjacent to all lot lines as required by the Subdivision Ordinance. In addition, the easements shall be prepared and filed by the applicant prior to the issuance of building permits for the subject sites. Notice of the application was mailed on (date). As of the date of this report Staff received a letter of objection from Phyllis Jester, 4250 Quaker Trail. Ms. Jester's concern relates to drainage which might impact her property as the result of the re-splitting of the lots. First, it is important to note that there are already 2 building sites at this location. More importantly, the City's building permit review process is set up to insure that grading or construction on the second building site would positively flow to the street, rather than across neighboring properties. 1. Approve the administrative land division and variance application of Pat Hayes as submitted 2. Continue or table discussion for specific reasons. 3. Deny the application based on specific findings of fact. RECOMMENDATION: Since this request does not increase the number of building sites, and is consistent with Section 6-6-4 of the Subdivision Ordinance, Alternative #1 is recommended subject to the following conditions: ACTION REQUIRED: "FP08CC" 1. The administrative land division, variances, drainage and utility easements as required by the City Engineer, and all other pertinent documents be filed with the Scott County Recorder's Office by November 25, 1995. Failure to record the documents by the aforementioned date will render the administrative land division and variances void. A motion to approve the administrative land division/variances for Pat Hayes as per the attached survey subject to the 2 conditions ou . ed a ove or as amended by the City Council. "FP08CC" 3 RESOLUTION 95-104 RESOLUTION OF THE PRIOR LAKE CITY COUNCIL APPROVING AN ADMINISTRATIVE LAND DIVISION WITH VARIANCES FOR PAT HAYES MOTION BY: SECOND BY: WHEREAS, the Prior Lake City Council conducted a public hearing on the 2nd day of October, 1995, to act on a request submitted by Pat Hayes for an administrative land division with variances, and WHEREAS, notice of the public hearing on said request was duly published and posted in accordance with the applicable Minnesota Statutes, and WHEREAS, the City Council has determined that the request is consistent with Section 6-1-3 of the City's Subdivision Ordinance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that it hereby approves, subject to the conditions herein, the administrative land division with variances as requested by Pat Hayes; 1. The administrative land division, variances, drainage and utility easements as required by the City Engineer, and all other pertinent documents be filed with the Scott County Recorder's Office by November 25, 1995. Failure to record the documents by the aforementioned date will render the administrative land division and variances void. 2. Payment of the required $255.00 collector street fee. Passed and adopted this 2nd day of October, 1995. YES NO Andren Andren Greenfield Greenfield Kedrowski Kedrowski Schenck Schenck Scott Scott {Seal} City Manager City of Prior Lake 16200 ~~~~Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTCNITY EMPLOYER ~~ /9/ /99,5 ~ (7~: ~ a- ~6 j;~ ~ <I~ s" C?~- kv -r;,.i--(/ .:9- ~a-~~ ~>2r~ % zk 4f~.nr~' -rL ~ h ~~!~ h ~~~-L ;rU ~t'-- )t:t-~ ~ ~ ~ i -d.c.. ~ W~,L.L ~ h :rkr~i~1 7.tU~. ~~~~k~r~ ~ ~/ i k ~ 1M.. Ih<-(j"'<- ~ ~ ~ ~ ~"-<- #.(h.-L dt.~~-.;~ ~ ~ ~..t-~ ~ ~ A, ~-d.;h ~d?J~ ~ ~ ~I S ~ ~7~ ~.-d <ZA.,_ kL. . ~~,.l-d- ~ ~ . ~ IX. ~ ./"..-.-..:J -r~ tL ~'."'--J ~ ~L,L k ~xJ-~ ~ h~ ~ t!-,,~,__-( -ftvvU- .J., Gh-~~. ~~ ~ A~ M p.u~ ~ p ".;; _' ~ ..h ~ -r~ I ~'...4- ~ ~~4 ~~ ~~'W~ -ADPIAT- AP qfJ- Og PInt c>ot - 0 3 If- .~ -O~ AIMINISI'PATIVE LAND DIVISION APPLICATION rom ~'r: ONn~.[)fl~~~tt;} Applicant: - -q' ~ "~-e> (;5.(1" ) Address: 06.3 1st> ..s, Name of Slrveyor: ADer-4v"'-. L J .s:.r!IN/O / Bas the Applicant previously sought to plat, rezone, obtain a variance or con~onal use pennit on the subject site or any part of it: No Yes What was requested: t-fuen: Phone: f(C/;- t("?(j V Phone: '-/C/ 7- ~/66 "7 Phone: t../ ~ S - 'J / .s '/ SJEMISSION REX:1UIREMEm'S: A. Completed awlication form and Pro~rty Identification Number (pm). B. Complete Legal description of existing and prop:>sed p:1rcels. C. Filing fee. D. Slrvey prepared by a registered land surveyor. E. 15 copies of the application, survey and supporting data and 1 set reduced to 118 X 17ft. F. Total square footage and or acreage of existing and prop:>sed parcels. G. Names and addresses of owners who cwn prot:erty contiguous to the subject site. ONLY <:c::MPIZI'E APPLICATIONS SHALL BE A~l'lli FOR RmIEH. To the best of ~ knowledge the infonnation presented on this form is. correct. In addition, I have read Section 6-1-3 of the Prior Lake SJbdivision Ordinance which specifies the r~ranents and procedures for Mninistrative Plats. I agree to provide infonnation and follOtl the procedures an outlined. LL;i /I /~ ,:) $icants Signature ~ 7-7- }lS- rate cr2-Cj€J' Fee Omers Signature) Date ()J~ ~ ~ 'lmS SEer] m BE FILLED IN BY THE P!ANNnI; DIRB:TOR t . t DISRJSITION CF APFLICM'ION: APPRCNm DENIm CITY <DUN:IL (APPEAL) APPRCNm DENIED mTE DM'E OF HFARnG CDNDITIONS: Signature of the Planning Di rector Date LEGAL DESCRIPTION OF EXISTING PARCELS Lots Forty-three (43) and Forty-four (44), e.o. Hannen's Maple Park Shore Acres, Scott County, Minnesota, according to the plat thereof on file and of record in the office of the Register of Deeds in and for said county and state. Total square footage of existing parcels is 7,500 LEGAL DESCRIPTION OF PROPOSED PARCELS Please refer to Survey. Total square footage of proposed parcels is 7,500 NOTICE OF PROPOSED VARIANCES AND ADMINISTRATIVE LAND DIVISION September 15, 1995 You are hereby notified that the Prior Lake City Council will hold a public hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road SE. (Southwest of the intersection of County Road 21 and Fish Point Road) on Monday, October 2, 1995, at 7:45 p.m. or as soon thereafter as possible. The purpose of the hearing is to consider an application received by the Prior Lake Planning Department from Mr. Patrick H. Hayes and Delores Hayes (Property Owner), 6063 150th Street SE. And 4580 East Dakota Street, Prior Lake, Minnesota, to consider variances and Administrative Land Division for the property located at 4230 Quaker Trail. The property currently consists of 2 lots of record. The proposal is to reconfigure these parcels so that their frontage is to the West rather than the South, as per the attached survey reduction. Section 6-1-3 of the Prior Lake Subdivision Ordinance allows the City Manager or representative to authorize subdivision approval without a public hearing under the following circumstances: 1. The division of the parcel will not result in more than three parcels. 2. The property to be subdivided is a lot of record in the office of the County Recorder of Scott County. 3. The resulting parcels generally conform to the shape and area of existing or anticipated land subdivisions in the surrounding areas. 4. The division will not cause any structure to be in violation of setbacks. 5. Any easements which may be required by the City must be granted. 6. The owners of the land contiguous to the parcel must be notified in writing, and no written objection received within ten days following notification. 7. Any written objection shall constitute an appeal. Such an objection shall be forwarded to the City Council who shall hear the objection and decide the matter. The proposed subdivision will require 2 variances. Therefore, the City Council will consider the application on October 2, 1995, at 7:45 p.m. or as soon thereafter as possible. The variances that are being requested for both Parcels A and B are as follows; 1. A 4500 square foot variance to permit lot area of 7,500 square feet instead of the required 12,000 square feet; 2. Lot width of75 feet instead of the required 85 feet. 16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER The existing parcels have areas of 7,500 square feet of area and 50 feet of lot width. If you wish to be heard in reference to these vacations, you should attend the hearing. Oral and written comments will be considered by the City Council. Written comments should be submitted to the Planning Department by Monday, September 25, 1995. If you have questions regarding this matter, contact the Michael Leek in the Planning Department at 447-4230. Prepared this 15th day of September, 1995 by: R. Michael Leek Associate Planner TO BE PUBLISHED IN THE PRIOR LAKE AMERICAN SEPTEMBER 23, 1995, AND SEPTEMBER 30,1995. 2