HomeMy WebLinkAbout4A Appeal from the Decision of the Zoning Admistrator Subsection 1109.300
4646 Dakota Street SE
Prior Lake, MN 55372
PLANNING COMMISSION AGENDA REPORT
MEETING DATE: APRIL 4, 2016
AGENDA #: 4A
PREPARED BY: DAN ROGNESS, COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR
PRESENTED BY: DAN ROGNESS
AGENDA ITEM: PUBLIC HEARING TO CONSIDER AN APPEAL OF THE ZONING ADMINIS-
TRATOR’S DECISION RELATING TO ALLEGED CODE VIOLATIONS OF
SECTION 1102 (USE DISTRICT REGULATIONS), SECTION 1104
(SHORELAND REGULATIONS) AND SECTION 1105 (FLOODPLAIN REGU-
LATIONS) AT 4288 BASS STREET AND/OR ADJACENT DEDICATED PRI-
VATE STREET.
DISCUSSION: Introduction
The purpose of this agenda item is to consider an appeal by Mark S. Coffman
regarding 41 alleged Code violations at or near 4288 Bass Street related to an
existing detached accessory structure (shed). The Zoning Administrator (Dan
Rogness) provided responses to Mr. Coffman in regards to the 41 alleged viola-
tions. Mr. Coffman disagrees with the Zoning Administrator’s decision and has
appealed to the Planning Commission (as the Board of Adjustment).
History
Various Code-related issues within Sunfish Bay were addressed by the Assis-
tant City Attorney in a letter dated January 17, 2013 (see Attachment #2). The
first issue listed on page one of that letter refers to a shed located to the
side/rear yard at 4288 Bass Street. The attorney stated that the shed is a legal
nonconforming use and that any property dispute is a private matter. Mr. Coff-
man is now alleging that there are 41 Code violations related to this shed.
Current Circumstances
Subsection 1109.301 of the City Code allows any person affected by the Zoning
Administrator’s decision to appeal that decision to the Board of Adjustment.
Mr. Coffman’s 41 alleged Code violations include:
1102.700 8) a,b 2) & 6)
1102.403 7) g,h,j
1104.202 3)
1104.308 3)
1104.308 4) b,d,f,g,i,j
1104.401 2) a
1104.402 1) 3) a,b 4) a,b.c.d,e,f,g,h,i,j
1105.301 1) 2)
1105.404 4) 5) 6)
1105.802
2
1105.803
1105.804
1105.900 1) 2) 3) 4) 5)
The Zoning Administrator’s response to Mr. Coffman’s list of 41 Code violations
was provided by email (see Attachment #3). Although Mr. Coffman alleges 41
separate Code violations, review of the relevant law narrows the matter to two
key items:
1. MN Statutes 462.357, Subd. 1e, allows any legal nonconformity to be
continued, including through repair, replacement, restoration,
maintenance, or improvement, but not including expansion. City Staff and
the City Attorney have determined that the shed located in or near the
westerly side yard of 4288 Bass Street is legally nonconforming. It existed
prior to the adoption of the current zoning section of the City Code on
June 1, 2009. It may have been replaced, improved or repaired, but there
is no evidence that it was expanded. The City does not have the authority
to order the removal of a legal nonconformity.
2. Disputes relating to boundaries and trespass are private matters over
which the City has no authority. The shed may be located in part or in
whole on a private street dedicated by plat to the property owners in the
subdivision. No public property is affected. The City has no authority over
private matters.
Conclusion
In accordance with Subsection 1109.301 of the City Code, Mr. Coffman has the
right to appeal the Zoning Administrator’s decision to the Board of Adjustment.
The Board must determine whether to approve or reverse the Zoning Adminis-
trators decision in regards to the alleged Code violations.
ISSUES: The Board of Adjustment shall listen to Mr. Coffman and any other person at the
public hearing, and then provide its own judgement as to whether the Zoning
Administrator’s decision was correct.
ALTERNATIVES: 1. Motion and a second to affirm the Zoning Administrator’s decision related to
alleged City Code violations at 4288 Bass Street.
2. Motion and a second to reverse the Zoning Administrator’s decision and direct
enforcement of any specified City Code provision related to a detached ac-
cessory structure located at 4288 Bass Street.
3. Motion and a second to table action to a specified meeting date, and to re-
quest further information from City Staff.
RECOMMENDED
MOTIONS:
No recommendation; this is an appeal.
ATTACHMENTS: 1. Subsection 1109.301 of the City Code
2. City Attorney letter dated January 17, 2013
3. Email request, response and appeal
4. Site location and photos
March 5, 2016
Dear Mr Rogness:
wish to bring the action for a NOTICE OF APPEAL, regarding your code interpretation
of 3-2-2016.
There are 41 code violations that need to be addressed one at a time. A list of these
codes has already been sent in a previous E-mail to staff and council. I am available for
any hearing 24-7. If you need another copy, just ask.
In regards to the letter dated 1-17-2013. This letter was hastily prepared and does not
uphold city code by any stretch of the imagination. It is so full of holes and
misconceptions it is ridiculous. The city of Prior Lake need only enforce the law as it
was written, yet they refuse! Mr Celski's illegal shed must be removed from the
floodplain. There is no "Noncoforming Use" of a floodplain, and no permits should have
been issued or allowed in any established floodplain. Mr. Celski's building was built in
2012. the old building resides at 4396 bass in the backyard of Jon Roese. Floodplain
regulations do not allow for such activity in the floodplain.
Sincerely: Mark S Coffman
On Friday, March 4, 2016 2:11 PM, Dan Rogness <drogness@CityofPRIORLAKE.com > wrote:
Mark:
Per Subsection 1109.301 of the Prior Lake Zoning Ordinance (see first attachment), you may
appeal my interpretation of the Ordinance as it pertains to the detached accessory structure
located behind the house at 4288 Bass Street. As Zoning Administrator, I provided you my
interpretation via email on Wednesday, March 2nd. An appeal would be heard by the City’s
Board of Adjustment (Planning Commission). In this case, the “Notice of Appeal” may be in the
form of a letter or email submitted to me requesting an appeal of my code interpretation as
stated in my email to you dated March 2nd, which I should receive within 5 working days from
today, or by 3/11/16.
Since the City Attorney provided an opinion on this shed in a letter dated January 17, 2013 (see
second attachment), you may also submit a written response to that letter, which will then be
reviewed by City Attorney Sarah Schwarzhoff.
Finally, the City Council adopted a Code Enforcement Policy dated June 10, 2013 which may
also be applied to further actions taken by City staff regarding your complaints stating that the
City is not addressing 41 code violations related to the 4288 Bass Street property (see third
attachment).
In conclusion, I will not meet with you to review this matter further; however, you have the right
to appeal my zoning ordinance interpretation(s) that you feel are substandard and/or provide
specific information that relates to the City Attorney’s opinion on this matter.
Dan Rogness
Community & Economic Development Director
City of Prior Lake, 4646 Dakota Street SE
Prior Lake, MN 55372 952.447.9813
From: Mark Coffman [mailto:mscofcon@yahoo.com]
Sent: Wednesday, March 02, 2016 11:21 AM
To: Dan Rogness <drogness@CityofPRIORLAKE.com>
Subject: Mark S Coffman
Your response to my inquiry is substandard. I would ask to meet with you in your
office, or my home to go over all 41 ordinances one at a time. Please have a computer
that has internet access wherever you decide to meet.
Sincerely: Mark S Coffman
The Structure in your 2007 aerial view is now on the property at 4396 Quincy st. Celskis
shed was built in 2012 and is well over 120 sq/ ft go down and measure it.
Suspiciously yours: Mark and linda Coffman
On Tuesday, March 1, 2016 4:45 PM, Dan Rogness <drogness@CityofPRIORLAKE.com > wrote:
As I review the Zoning Ordinance sections that pertain to a residential detached accessory
structure on a riparian lot, here are my conclusions for property at 4288 Bass Street:
1. The accessory structure clearly appears in a 2007 aerial photo. Therefore, this shed is
deemed a legal nonconforming structure in relationship to the current June 1, 2009 Zoning
Ordinance. As such, it may not be expanded, but it may be repaired, replaced, restored,
maintained or improved. This conclusion is further noted in #1 of the City Attorney’s letter dated
January 17, 2013.
2. Accessory structures must be no closer than 5 feet from a side lot line. Without a survey to
verify its location, it appears this shed is located on/over the westerly side property line based
on aerial photos. There are many accessory structures that cross property lines throughout the
City, which may remain unless removed per private property legal action, or by the City if
located within a drainage/utility easement or within City property. In this case, the shed is not
located within an easement or public property.
3. This lot is not a “corner lot” since it does not abut two public street rights-of-way (the street
identified in the Sunfish Bay plat is dedicated to private use, not public use). Therefore, corner
lot setbacks do not apply.
4. Accessory structures in the rear yards, if located on riparian lots, are permitted as a “water-
oriented accessory structure” and must be located no closer than 50 feet from the Ordinary High
Water elevation (904’). It appears this shed is approximately 30 feet from the OHW
elevation. However, see #1 above regarding nonconforming structures.
5. On riparian lots, water-oriented accessory structures may not exceed 120 square feet. It
appears this shed is 120 square feet in size based on using measurement tool with photos; and
furthermore, the shed is deemed to be nonconforming.
6. Accessory structures 120 square feet or less do not need a building permit; once again, it
appears that this shed is 120 square feet. If no building permit is required, then the City would
not be able to apply the standard of not exceeding 50% of market value for alterations since
values are only established for structures that require building permits.
7. The maximum height of a water-oriented accessory structure shall not exceed 10
feet. Although I don’t have information on its height, the shed is deemed to be nonconforming.
8. Regarding Section 1105, Flood Plain Regulations, a detached accessory structure does not
need to be elevated to the flood protection elevation if it is 120 square feet or less.
Dan Rogness
Community & Economic Development Director
City of Prior Lake, 4646 Dakota Street SE
Prior Lake, MN 55372 952.447.9813
From: Larry Poppler
Sent: Monday, February 29, 2016 9:15 AM
To: Mark Coffman <mscofcon@yahoo.com>; Frank Boyles
<FBoyles@CityofPRIORLAKE.com>
Cc: Dan Rogness <drogness@CityofPRIORLAKE.com>
Subject: RE: flood plain
Mr. Coffman,
I have reviewed the codes you reference and do not find that this shed needs to be removed or
moved according to our code. It is an existing non-conformity which can remain. Our City
Attorney reviewed this same issue three years ago. I have attached the conclusion. None-the-
less, I have asked our zoning administrator to review the codes you reference. I will forward his
response once it is available.
Thank you,
Larry Poppler
City Engineer / Inspections Director
City of Prior Lake
4646 Dakota Street SE
Prior Lake, MN 55372
952-447-9832
From: Mark Coffman [mailto:mscofcon@yahoo.com]
Sent: Monday, February 29, 2016 8:56 AM
To: Larry Poppler; Frank Boyles
Subject: Fw: flood plain
On Friday, February 26, 2016 1:42 PM, Mark Coffman <mscofcon@yahoo.com > wrote:
Please update me to the status of the 41 code violations. Thank you
Mark & Linda Coffman