HomeMy WebLinkAbout4H - Hillcrest Homes
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
MARCH 15, 1999
4H
JENNI TOVAR, PLANNER
DON RYE, PLANNING DIRECTOR
((1-/0
CONSIDER APPROVAL OF RESOLUTION~ GRANTING
AN EXTENSION OF TIME FOR HILLCREST HOMES
PERTAINING TO RESOLUTION 98-44
History
On March 4, 1998, Hillcrest Homes applied for variances to allow a
71.28 foot lot width at the front yard setback (an 18.72 foot variance),
and lot area variances to allow a 14,120 square foot and 9,810 square
foot lots (15,00 square foot minimum required).
On April 6, 1998, the City Council adopted Resolution 98-44. This
resolution granted the requested variances which allowed three
existing lots of record to be combined into two new lots. This variance
request was part of an administrative subdivision. The City Council
approved the subdivision with the condition that a "Private Use of
Public Property" Agreement be executed. The ordinance requires the
necessary permits be obtained by Hillcrest Homes no later than one
year after the variance was granted, otherwise the variances are void.
On December 9, 1998, the City Council adopted Resolution 98-141
giving Hillcrest Homes alternatives for constructing Red Oaks Road as
part of the administrative subdivision. On March 3, 1999, the
Planning Department received a letter from Hillcrest Homes requesting
to enter into a Developers Agreement as an alternative to the "Private
Use of Public Property" Agreement. The Developers Agreement will
required Hillcrest Homes to construct the street within the existing
right-of-way and the City will then maintain the street. This request is
tentatively scheduled for the City Council meeting on AprilS, 1999,
subject to submittal requirements by the developer.
Current Circumstances
Considering the building permits for the two structures cannot be
granted until the Developers Agreement is signed or the "Private Use
of Public Property" Agreement is executed, an extension of the
variance is necessary.
162bQ9fJ~r~'Er~~~\~vW4~~:f~o~ake, Minnesota ~5372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
ALTERNATIVES:
RECOMMENDED
MOTION:
REVIEWED BY:
Issues
The City Council must determine if an extension is warranted. If the
extension is not granted, the administrative subdivision becomes void
and the lots would remain as three separate parcels. Staff has been'
working with the developer on this project, and feels it is progressing
towards completion.
Conclusion
Considering the developer has requested to enter into a Developers
Agreement, which is tentatively scheduled to be brought to the City
Council on April 5, 1999, a 90 day extension of the variances would
allow Hillcrest Homes until July 5, 1999 to obtain the necessary
permits related to'the construction of the structures. Staff feels this is a
reasonable extension considering the current circumstances regarding
the proposed Developer Agreement.
1. Deny the requested extension. In this case, staff should be directed
to prepare a resolution denying the request.
2. Approve the requested extension to July 5, 1999.
3. Approve an extension other than to July 5, 1999. In this case, the
resolution can be corrected by the City Council prior to adoption.
4. Continue the request and provide staff specific direction.
Motion to adopt Resolution 99-XX granting a 90 day extension to July
5, 1999 to obtain required permits as stated in resolution 98-44 for
Hillcrest Homes.
L:\98FILES\98V AR\98-034\98-034CC.OOC
2
RESOLUTION 99-XX
A RESOLUTION OF THE PRIOR LAKE CITY COUNCIL GRANTING A 90 DAY
EXTENSION TO JULY 5,1999 TO OBTAIN REQUIRED PERMITS AS STATED IN
RESOLUTION 98-44 FOR HILLCREST HOMES.
MOTION BY: SECOND BY:
WHEREAS: Hillcrest Homes has applied for a variance from Section 5-8-3 of the City Code
and Zoning Ordinance in order to permit the combination of three lots for the
creation of two lots in the R-l (Suburban Residential) District on the property
described as Lots 40, 41 and 42 Red Oaks, Scott County; and
WHEREAS: The City Council has reviewed the application for variance as contained in
Case #98-034 and held hearings thereon on April 6, 1998; and
WHEREAS: The City Council adopted Resolution 98-44 granting a variance to lot width
and two variances to lot area; and
WHEREAS: Resolution 98-44 specifically requires the necessary permits be obtained within
one year after adoption of the resolution (by April 6, 1999) or the variance will
be null and void; and
WHEREAS: The required and necessary permits have not been granted by the City, nor will
they be granted, prior to April 6, 1999 due to the requested Developer
Agreement.
1. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PRIOR LAKE, MINNESOTA, that it hereby approves a 90 day extension
to July 5, 1999, to the otherwise one year time period allowed for the necessary permits to be
obtained as stated in Resolution 98-44.
FINDINGS
1. The City Council has previously considered the effect of the variances 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. These
conditions remain the same today.
J:\98fib:~\98YaI;.\98-03.4~cres2.do<; 1
16200 Eagle creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
.. _...._....._._.~.............~_..............'-...I'..--..._.....
2. Hillcrest Homes has requested to enter into a Developers Agreement for the construction of
Red Oaks Road, accessing the properties. The required and necessary permits for the
variances cannot be issued until the Developers Agreement is decided.
3. The contents of Planning Case 98-034 are hereby entered into and made a part of the public
record and the record of decision for this case.
Passed and adopted this 15th day of March, 1999.
Mader Mader
Kedrowski Kedrowski
Petersen Petersen
Schenck Schenck
Wuellner Wuellner
YES NO
{Seal} City Manager
City of Prior Lake
1:\98files\98var\98-034\ccres2.doc 2
FROM HILLCREST HOMES INC.
MAR. 8.1999 8:29AM P 2
PHONE NO. : 612 898 3364
HHI
. HILLCREST H'OMES.,.. INC.
..141?2 LOUisiana Ave~, Savage. Minne$ota 55'378
(6~2.J 89~-76~3 Offlce '(612) 898-~364 FaX
. .
'~ BuUdsr ~rfuen 'iJ~ 9~lfty ~rqtf.smGJU"f'p and Value,"
M~ch 8, 1999
ti~~.~ess offinali~~$:'the'details O~!t.!iis proje~, a~~~;~ill need addit~~al time. ,;:::,:~:;:~'/r
. 'W~;n~ve asked .~O:. ent~r into a d~~~lpp,~s agree~~t:{~r the con~~~n o( the r,~~~~~~y.
~ '~~~i:~ye this ~~~:~e:'.~~~) step iri/,~g,~~Jo' this Pf.~j~~: ';:~e are s~~~.(.~:~~~~g per~~$~~(~~.(
fi;opi.':Mr. Feic~'-'>~9'::grad~ on, his'pt~p.~~:, and:h9P:~"~~:Will coop.~.~~t>~:jn",this ma~~(>:::.; .
:'\:.~,.f;CL;' , " :.~~~i:>':':':~.~"';:'::.:~:(. ';:~':,::~;.:::f:'::,:'rJ~':, " :.:.:'\ ~,,\":':.'::/:. :./ .' :.: ::"\~<:'.':.:~>:.'''.:': :?,~..:~>~~.;;':/,~':'>< .
J{,y~'~."~;' ve any" qii~sHo~ns' C?r n~;~;:~~.~,l#onal itiformati~n plea~e)~?,r#9~h~~sitate;:t~t.~.~l/::;
. ~':'~lIy,'-i;');:,:;: ,:;~ ;,: ...... .' :.;:f/i;}j: \,J~~;W/:!
ti< " /);hyS.~: . " ;'::<',... r~~,)i/:
'.: ::".'" ~ ;.:::' I/.~ ' '.' ,:;::: >:.:;~ . ::;::'i:' . :..' ;.::, < :'. :.:.::'.':..:,~'~',:., ,,: :'....:,'.:,.::,.'.':;... /,:'..,:~ \'. .~::;~:.:,:.'::.~:,:...:,,;.!.~:.,.~..::~",:;:.~:,.,..~..:;:.,...(..:'..:.,:.:,:..':i:'.".:,>;(.';.:_:.,.'.,.:.:...,;...:.,::..:::.',','.,..,....:. '. ". . . <" ' ,
c'..~:'.i,>~..:~;l.>:~;;.~p:.... 'eano. VJ.:c:::..:..,'....,':~.:.~.:...':...:...:,:. ~."..'. '. ..., .' . ::. '
JU. ... ..... <>, · ". . . .:.:...,_~.::.....< . \itr,~;e~':-~
.~.~. ~:: lQent. :'., '.' '. . . . ~ :'::';\:::, ':,\~;(:,:~'.
;;ij~~i;;::,;~;;f~;,:UL:~~~ni:.ii.N~r{jVJ~~;~~t;f~,r;ii;li~i~;:~M]~W~11i~fl!~~~j;!l~itt~i~1~i~t~rr
BJJilder'L!ce,nse # 2.0036544 · M~inbe~' ofth~' BUiide~s As~o~;~~iO~' ~f-'he' Twi~ cuiI!:'
. ,
1
D.
Doc. No. 95068 Vile';< 3 3
VolUllle 9;;.. Paq- /11 CanSD 73S- op
3073~
OFFICE OF REGISTRAR OF TITLI
SCO'I'T COmn'Y, MnmESOTA
This 1a the filiD9 infonl&t.ion of the dClC\llllent
filed in this office on
Case #98-033
STATE OF MINNESOTA)
)ss.
COUNTY OF SCOTT )
The undersigned, duly qualified and Deputy City Clerk of the City of Prior Lake, hereby
certifies the attached hereto is a true and correct copy of the original.
RESOLUTION 98-44 OF THE PRIOR LAKE CITY COUNCIL GRANTING AN 18.72 FOOT
VARIANCE TO PERMIT A 71.28 FOOT LOT WIDTH AT THE FRONT YARD SETBACK
RATHER THAN THE REQUIRED 90 FOOT LOT WIDTH AND VARIANCES TO PERMIT
LOT AREA OF 14,120 AND 9,810 SQUARE FEET RATHER THAN THE REQUIRED 15,000
SQUARE FEET FOR TWO LOTS TO BE CREATED VIA ADMINISlRATIVE PLAT FOR
HILLCREST HOMES
on file in the office of the City Planner, City of Prior Lake.
~~
Kirsten Oden
Deputy City Clerk
Dated this 17th day of April, 1998.
4 '. .
~ .: >..~ -... ;/.,"~~~ :~'",
,<<.~:~~,~ .~. - -:'~ '-', -.;
. :........-
....-..... ..
", '" ..
. .......
. ... .
, .-
I".' , '.i . -
, ," :', ~.{Gity.'S~aT) .,:~" ':
.. ..,,?~:. i: i:~ ~\:::'
TRUECOPY,DOC
RESOLUTION 98-44
A RESOLUTION OF THE PRIOR LAKE CITY COUNCIL GRANTIN'G Al'i 18.72 FOOT
VARIANCE TO PERMIT A 71.28 FOOT LOT WIDTH AT THE FRONT YARD
SETBACK RATHER THAl'i THE REQUIRED 90 FOOT LOT WIDTH AND
VARIANCES TO PERMIT LOT AREA OF 14,120 AND 9,810 SQUARE FEET RATHER
THAN THE REQUIRED 15,000 SQUARE FEET FOR TWO LOTS TO BE CREATED
VIA ADMINISTRATIVE PLAT FOR HILLCREST HO:MES
MOTION BY: KEDROWSKI
SECOND BY: SCHENCK
WHEREAS: Hillcrest Homes has applied for a variance from Section 5-8-3 of the City Code
and Zoning Ordinance in order to permit the combination of three lots for the
creation of two lots in the R-l (Suburban Residential) District on the property
described as Lots 40, 41 and 42 Red Oaks, Scott County; and
WHEREAS: The City Council has reviewed the application for variance as contained in
. Case #98-034 and held hearings thereon on April 6, 1998.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PRIOR LAKE, l\1INNESOTA, that it hereby approves the following variances for
the combination of three lots to create two lots as indicated in attached Exhibit A (legal
description and survey):
1. An 880 square foot variance to permit lot area of 14,120 square feet rather than the required
15,000 square feet for proposed Lot 1. .
2. A 5,190 square foot variance to permit lot area of 9,810 square feet rather than the required
15,000 square feet for proposed Lot 2.
3. An 18.72 foot variance to permit a front yard width of 71.28 feet rather than the required 90
feet for proposed Lot 2.
FINDINGS
1. The City Council has considered the effect of the proposed variances 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.
r-r:\coul1Ci1\resoluti\planres\rs9.8-044.doc . .J
16200 .t.agle L.reeK Ave. S:E~, Pnor LaKe, Mmnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 4!f7-4245
AN EQUAL OPPORTUNITY EMPLOYER
"J"""""'-'-'---'"'' ......--......,... ."_...,...~..........,,...
'~
t'
It:
2. Because of conditions on the subject property and on the surrounding property, it is possible
to use the subject property in such. a way that the proposed variances will not result in the
impairment of an adequate supply of light and air to adjacent properties, unreasonably
increase congestion in the public streets, increase the danger of fIre, and danger to the public
safety, unreasonably diminish or impair health, safety, comfort, morals or in any other
respect be contrary to the Zoning Ordinance' and Comprehensive Plan.
3. The special conditions applying to the subject property are unique to such property; and do
not generally apply to other land in the district in which such land is located. The unique
circumstances applicable to this development are that the lots are located on a peninsula and
were originally created in 1930, prior to the implementation of the Shoreland Ordinance,
over which, the applicants had no control, nor can they change the existing conditions.
4. The properties could be developed separately as existing substandard lots upon the approval
of four variances. The applicant has proposed to combine the lots into two lots, thus
reducing the nonconformity.
5. The granting of the variances are necessary for the preservation and enjoyment of a
substantial property right of the applicant. The variances will not serve merely as a
convenience to the applicants, but is necessary to alleviate demonstrable hardship.
6. The contents of Planning Case 98-034 are hereby entered into and made a part of the public
record and the record of decision for this case. Pursuant to Section 5-6-8 of the Ordinance
Code this variance will be deemed to be abandoned, and thus will be null and void one (1)
year from the date of approval if the holder of the variances has failed to obtain any
necessary, required or appropriate permits for the completion of contemplated
improvements.
Passed and adopted this 6th day of April, 1998.
YES
NO
Mader Mader X
Kedrowski X Kedrowski
Petersen X Petersen
Schenck X Schenck
Wuellner X Wuellner /
" ... /
\
{Seal}
~,t(' /~h
City Managj1C' /
City of Prior Lake
t,,/
r: \council\resoluti\planres\rs98-044.doc
2
~
.... z
lilt I~~ ~ JIll III <
:> Q. ..J
~~l '" w Q.
Itf~ ~ Ol: U
OIl 18 2 < z (J.
t I OIl .~ . J !f}1 z 0 ~
.. -, t i!. ~ U -
t. +f 1$ "'z t-! c Q
J~JI ~Q ~l :J W""CJ<
IliH Ot: 11I1!11 w
~ 1 · iB f5~ Cl:: ""cCl::
00 !~ Q. VilG(J 1
ci'" !! !hli ....0 .!
oc<
t "
'l :
. :.:;
.~.
fIll
! W;
I~ {:II
!;-I
. 1. L.
; IT'
, .~.
r; ~.
1 ~;
~1lI
IIiil
t! !
J ~:;J d 1
iA Ii ~ I
11~li i i
~ I'~.\ i I
~
~ "
I.( ...-t
<li1(~
:: ~l
C) ~ ~'f.
""" <::i ... ,j
~..~ .;
Ii
;\
" \
!) .,
l..: il~
C\j <Ii 1 ~
~ 10... ,..,~l
. .. c;) It) ~
'"':""",,-;:,.
'i''\.~ ::' ~ i
-.~ ~1
:,
.::..... :
.......-.
-.. ..-..
--...-- .
. "'_ a...u
....... _c_..
... .......
--...-e ...'"
..--.........
..... .. .-....
- .. ... --
:...::~::::::
.... ...- ..--
. I ! 1111~i!1
. i.rlf!~j~~! .
; : :1:=:;:::;
~. ~ :iHHH~~
I; ~:!::==:;
, : ::::~:;::!
L. J.........w
" . ,
s
'l
...~
2
~!.
I.S
~ii
Ii!
-~
.-i !
11-. I.
i!! I "i
l~l; !;
=- j ..
Ht i ~\ 'U
=h.5 . .,
hit ~ ~~;r
fh. !" J
-lIr~ ~
III
~
'4
)
.~
'<
.
!lJ/II!!
t:i:=!:=i
;:i=!!I.i
:"N::"" .:
....-~_..::1I.
.. ...........
......-....
:i~::.!:;=
:J:!!i2:=i
=::i~!.::i
:ii~!ii~i.
c_.. _....._.
~iHii~:;!
"
0\
~~
~~
~
<t ~i
~~
... >-
.
- ;~
III ~
- A 02
J: l f~
8~
>< i
W ~8
; ~~
~ ..>-
~ >-~
W ;- " S~
i cti g>-
..-
d ai
. ...>
I
i
0
I
i.
,
I
~
_ -,.e~-:':':':~-""._--"'..-"'.'_-~'~_:-'~'__" _ .
-'~
RESOLUTION 98-43
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL APPROVING THE
ADMINISTRATIVE PLAT REQUEST OF HILLCREST HOMES
MOTION BY: KEDROWSKI SECOND BY: PETERSEN
WHEREAS: notice of the said administrative plat has been duly published and posted in
accordance with the applicable Minnesota Statutes and Prior Lake Ordinances;
and
WHEREAS: all persons interested in this issue were afforded the opportunity to present their
views and objections related to the administrative plat for the record at the City
Council hearing; and
WHEREAS: the City Council has reviewed the administrative plat according to the
applicable provisions of the Prior Lake Zoning and Subdivision Ordinances and
found said plat to be consistent with the provisions of said ordinances; and
WHEREAS the Prior Lake City Council considered an application for administrative plat
approval of Lots 40, 41 and 42, Red Oaks as described in Exhibit A (attached),
for Hillcrest Homes on April 6, 1998.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PRIOR LAKE, l\1INNESOTA, that it hereby approves the administrative plat for
the combination of Lots 40, 41 and 42 Red Oaks into two lots as described and shown in attached
Exhibit A (survey) with the following conditions:
1. A "Permit Agreement For Private use of Public Property" be executed and recorded for the
construction of a private drive on the publicly dedicated roadway.
2. A separate grading permit will be required for construction of the driveway. A tree
preservation plan will be required as part of this permit.
3. The existing structure on Lot 41 must be removed prior to City approval of the warranty
deeds for the new lots such that the structures is not located on two separate lots.
4. Five foot drainage and utility easements be granted along the interior lot lines. This must be
shown on a revised survey and a legal description drafted and appropriate documentation
recorded.
rr.\couodl\re$oluti\plar:lrl~s\rs9a-043.dQC . Race j
16200 .t:.agle L-reeK f\ve. ~..t:.., pnor LaKe, Mmnesota 55372-1714 / Ph. (612) 447-4230 / Fax (61zr'l47-4245
AN EQUAL OPPORTUNrrY Ei'4PLOYER
- ~
5. Developer to provide a drainage plan for proposed access driveway that addresses impact of
the proposed drive upon the drainage of Lots 38 and 39, subject to approval of City
Engineer, and will pay all costs associated with the drive on public right-of-way. There will
be no parking allowed on the access road and the developer will install ''No Parking" signs
on the access drive.
6. This proposed administrative subdivision is to be reviewed by the Fire Chief and is subject
to his recommendations and approval.
Passed and adopted this 6th day of April, 1998.
YES NO
Mader Mader X
Kedrowski X Kedrowski
Petersen X Petersen
Schenck X Schenck
Wuellner elln
{Seal}
r:\council\resoluti\planres\rs98-043.doc
Page 2
.. ~..,-._",..,._"._....", --,..,.._'".,...._.~_._'_.""..._._'_._.._.._-,..._...__.......
RESOLUTION 98-141
A RESOLUTION AMENDING RESOLUTION 98-43 APPROVING THE
ADMINISTRATIVE PLAT REQUEST OF HillCREST HOMES.
MOTION BY:
Wuellner
SECOND BY:
Kedrowski
WHEREAS: the City Council considered an application for administrative plat
approval of Lots 40, 41 and 42, Red Oaks for Hillcrest Homes on April 6,
1998,and
WHEREAS: the City Council approved the application for administrative plat of Lots
40, 41, and 42, Red Oaks in Resolution 98-43 with conditions, and
WHEREAS: condition no. 1 stated "1. A "Permit Agreement For Private use of Public
Property" be executed and recorded for the construction of a private
drive on the publicly dedicated roadway, and
WHEREAS the property owner has requested a change to condition number 1.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PRIOR LAKE, MINNESOTA, that condition no. 1 of Resolution 98-43 is hereby amended to
read:
"1. A "Permit Agreement For Private use of Public Property" be executed and recorded for the
construction of a private drive on the publicly dedicated roadway. In lieu of the Permit
Agreement, the developer may construct at his cost or cause to be constructed through a (1)
Developers Agreement or (2) via a petition for public improvement" a minimum standard City
street as approved by the City Engineer."
Passed and adopted this 7th day of December, 1998.
YES NO
Mader Mader x
Kedrowski X Kedrowski
Petersen X Petersen
Schenck Schenck
Wuellner Wue er
{Seal}
162QPL~Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
HHI
HILLCREST HOMES, INC.
14122 Louisiana Ave., Savage, Minnesota 55378
(612) 898-7663 Office (612) 898-3364 Fax
"A BuUder Driven By Quality Craftsmanship and Value. "
February 2~, 1999
City of Prior Lake
16200 Eagle Creek Avenue
Prior Lake, MN 55372
Re: Resolution 98-XX
Dear Planning Dept.
.~'.'.'.'.' "." .. ;~;:,-,-,:::::,::,,:> .....;.+
On April 6,..1998 the city council adopted resolution 98-43' approvingana.aH'll#i~~t#tive"
plat for ~llcrest Homes. .The request involved thecombination'5'fLotsJ1.Q:l4I~!lg12
Red Oaks subdivision into two lots with variances to lot width and lot area~ ',Coridi!!g~s
, of approval for the administrative plat included a "Permit Agreement for Private l!seOf.
Public Property" be executed, that the property owner provide adrainage plan'sg~j~~tto
approval of the City Engineer, and the property owner pay all costs associated w!~!tth~
'drive on public right-of-way.
. . . .: '." -';' :';::. - ".:' -::;. .';.' ~:
On December 7, 1998 Resolution 98-XX was passed giving additional options ~tlf<;
regard to the construction of access to lots 40, 41, & 42 Red Oaks. Hillcrest HOn:l~~:l.:rnc,
would like to exercise one of those options and enter into a developersagreementforthe
construction of Red Oaks road to minimal city standards at our expense. Upon....n .....
, completion, the road will then be turned over to the City of Prior Lake for permanent
maintenance as a public road.
ard the necessary documentation to implement this process.
Builder License # 20036544 · Member of the Builders Association of the Twin Cities