HomeMy WebLinkAbout5A Martin-School Twin Island Variance Report
4646 Dakota Street SE
Prior Lake, MN 55372
PLANNING COMMISSION AGENDA REPORT
MEETING DATE: JUNE 20, 2016
AGENDA #: 5A
PREPARED BY: JEFF MATZKE, PLANNER
PRESENTED BY: JEFF MATZKE
AGENDA ITEM: CONSIDER A RESOLUTION APPROVING VARIANCES FROM THE MINI-
MUM LAKESHORE STRUCTURE SETBACK AND MINIMUM SIDE YARD
SETBACK FOR A PROPERTY ON TWIN ISLAND
DISCUSSION: Introduction
Troy Martin and Dean Scholl, the property owners, are requesting variances from
the minimum lake and side yard setbacks on property located on Twin Island.
The property is located along the northwestern shore of Twin Isle on Upper Prior
Lake. The property is currently vacant. The following variances are requested:
• A 66.3 foot variance from the required minimum 100 foot structure
setback from the Ordinary High Water (OHW) elevation of Prior Lake
(Section 1104.309).
• A 5 foot variance from the required minimum 10 foot side yard set-
back (Section 1104.309)
Regulation Requirement Proposed Variance
Lake Setback 100’ 33.7’ 66.3’
Side Yard Setback 10’ 5’ 5’
History
The property is zoned R-1 (Low Density Residential), and is guided R-LD (Urban
Low Density) on the 2030 Comprehensive Plan Land Use Map. The property is
currently vacant. Lot 51, Twin Isles was platted as a cabin lot along with the
other Twin Isles lots in 1924. It is a single parcel designated as a lot of record
under MN State Statute 462.357.
On May 16, 2016 the Planning Commission held a public hearing to consider the
requested variances. Public comments were taken which questioned the build-
able nature of the property for a seasonal cabin. The Planning Commission ta-
bled the decision to the June 20th meeting, allowed all interested parties to pro-
vide written evidence supporting their positions by June 13th, directed City Staff
to provided clarification of the legal status and more information related to the
buildable nature of the property, and requested the City Attorney be present on
June 20th.
In response to this direction the City Attorney has prepared the attached memo-
randum and will explain its information at the meeting. Members of the public
2
have also provided written evidence relating to past projects on the island. This
information is also attached.
Current Circumstances
The applicant proposes to construct a 2-story cabin onsite with a 560 square foot
footprint and a 200 square foot deck. The area of the property is 5,966 square
feet in total area above a 904 elevation.
Lake Setback
The applicant proposes a new cabin that would be 33.7 feet from the 904 eleva-
tion of the lake. This 33.7 foot setback distance is similar to the lake setback of
other cabins immediately south of the property. On the mainland areas within
the City of Prior Lake, the lake setback requirement may be averaged to as short
as 50 feet without a variance request using the setbacks of nearby homes/cab-
ins; however, that ordinance provision is not included in the Island Development
section of the Ordinance. Instead, a 100 foot setback requirement is listed in the
Ordinance.
Side Yard Setback
The applicant is proposing a 5 foot side yard structure setback along the northern
property line. The Ordinance requirement for a side yard setback is 10 feet. The
applicant could possibly locate the structure closer to the center of the property;
however, this would decrease the lake setback proposed and possibly impact a
tree identified on the survey. The applicants have expressed the interest to place
the cabin at the proposed location which minimizes clearing of natural vegetation
and grading impacts to the site, both of which are encouraged under the Island
Development Ordinance (Section 1104.309). The attached site photo on file at
City Hall (dated 1999) indicates the approximate cabin location.
Conclusion
City Staff believes the variances requested are warranted due to the lot con-
straints unique to the property and practical difficulties as stated below in the
findings. Therefore, City Staff recommends approval of the requested variance
subject to the following conditions of approval:
• The variance resolution shall be recorded at Scott County. An acknowl-
edged City Assent Form, shall be submitted to the Community & Eco-
nomic Development Department prior to the issuance of a building per-
mit.
• The grey water system shall be located 75 feet from the OHWM (Ordi-
nary High Water Mark) of Prior Lake.
ISSUES: This project includes a request for a variance. Section 1108.400 states that the
Board of Adjustment may grant a variance from the strict application of the pro-
visions of the Zoning Ordinance, provided that:
• There are practical difficulties in complying with the strict terms of
the Ordinance. “Practical difficulties,” as used in connection with
the granting of a Variance, means the property owner proposes to
use the property in a reasonable manner not permitted by the
Zoning Ordinance. Economic considerations alone do not
constitute practical difficulties.
3
It appears practical difficulties exist for the applicant in this case. The
size of the island and the size of the lots platted in 1925 create practical
difficulties in complying with the setbacks. The applicant has chosen a
building location which minimizes clearing of natural vegetation and
grading impacts to the site, both of which are encouraged under the Is-
land Development Ordinance (Section 1104.309).
• The granting of the Variance is in harmony with the general
purposes and intent of the City Subdivision and Zoning Ordinances
and the Comprehensive Plan.
Two purposes of the Zoning Ordinance are to “promote the most appro-
priate and orderly development of the residential, business, industrial, pub-
lic land and public areas” and “enhance the aesthetic character and ap-
pearance of the City.” The approval of the variance as requested would
allow the applicant to construct a reasonable residential cabin plan on
the site in an orderly fashion within the confines of the upland area of the
property.
• The granting of the variance will not alter the essential character of
the neighborhood or be detrimental to the health and safety of the
public welfare.
The granting of the variances will not alter the existing character of the
neighborhood. The 33.7 foot setback distance is similar to the lake
setback of other cabins immediately south of the property.
• The granting of the Variance will not result in allowing any use of
the property that is not permitted in the zoning district where the
subject property is located.
A seasonal cabin is an allowed use on Twin Island within the R-1 (Low
Density Residential) Zoning District.
ALTERNATIVES: 1. Motion and a second to approve a resolution approving the requested vari-
ances for Lot 51, Twin Isle, or any variance the Planning Commission
deems appropriate in these circumstances.
2. Motion and a second to table or continue discussion of the item for a spe-
cific purpose.
3. Motion and a second to deny the variances because the Planning Commis-
sion finds a lack of demonstrated practical difficulties under the zoning code
criteria.
RECOMMENDED
MOTIONS:
Alternative #1
ATTACHMENTS: 1. Resolution 15-XXPC
2. Location Map
3. Survey dated 4/1/2016
4
4. Building Plans
5. Site photo (dated 1999 – City file)
6. City Attorney Memorandum dated June 9, 2016
7. Information submitted by nearby residents in response to Planning Com-
mission request at the May 16th meeting
1
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 16-XXPC
APPROVAL OF VARIANCES FROM THE MINIMUM LAKESHORE STRUCTURE SETBACK AND MINIMUM SIDE YARD SETBACK FOR A PROPERTY ON TWIN ISLAND
Motion By: Second By:
WHEREAS, The Prior Lake Planning Commission, acting as the Board of Adjustment conducted a public hearing on
May 16, 2016, to consider a request from Troy Martin and Dean Scholl to approve variances from the
minimum lake setback and minimum side yard setback to allow construction of a seasonal cabin on a
property in the R-1 (Low Density Residential) Zoning District at the following property:
Lot 51, Twin Isles, Scott County Minnesota.
(PID 25-100-040-1)
WHEREAS, Notice of the public hearing on said variance request was duly published in accordance with the
applicable Prior Lake Ordinances; and
WHEREAS, The Planning Commission proceeded to hear all persons interested in this variance request, and persons
interested were afforded the opportunity to present their views and objections related to the variance
request; and
WHEREAS, The Planning Commission has reviewed the application for the variance as contained in Case #DEV16-
001012 and held a public hearing thereon on May 16, 2016; and
WHEREAS, The Planning Commission closed the public hearing on May 16, 2016, allowed all interested parties to
provide written evidence supporting their positions to City Staff by June 13, 2016, and requested
clarification of the legal status and buildable nature of the property from City Staff, and tabled
discussion of the variance requests to June 20, 2016.
WHEREAS, The Planning Commission 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 NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The Planning Commission hereby adopts the following findings:
a. There are practical difficulties in complying with the strict terms of the Ordinance. “Practical difficulties,” as used in connection with the granting of a Variance, means the property owner proposes to use the property in a reasonable manner not permitted by the Zoning Ordinance. Economic considerations alone do not constitute practical difficulties.
2
Practical difficulties exist for the applicant in this case. The size of the island and the size of the lots
platted in 1925 create practical difficulties in complying with the setbacks. The applicant has chosen a
building location which minimizes clearing of natural vegetation and grading impacts to the site, both of
which are encouraged under the Island Development Ordinance (Section 1104.309).
b. The granting of the Variances are in harmony with the general purposes and intent of the City Subdivision and Zoning Ordinances and the Comprehensive Plan.
Two purposes of the Zoning Ordinance are to “promote the most appropriate and orderly development of
the residential, business, industrial, public land and public areas” and “enhance the aesthetic character and
appearance of the City.” The approval of the variance as requested would allow the applicant to
construct a reasonable residential cabin plan on the site in an orderly fashion within the confines of the
upland area of the property.
c. The granting of the variances will not alter the essential character of the neighborhood or be
detrimental to the health and safety of the public welfare.
The granting of the variances will not alter the existing character of the neighborhood. The 33.7 foot lake
setback distance is similar to the lake setback of other cabins immediately south of the property.
d. The granting of the Variances will not result in allowing any use of the property that is not
permitted in the zoning district where the subject property is located.
The requested variances would allow construction of a residential seasonal cabin which is an allowed
use on Twin Isles within the R-1 (Low Density Residential) Zoning District.
3. Based upon the findings set forth herein, the Planning Commission hereby approves the following variances
to allow a construction of a seasonal cabin in the R-1 (Low Density Residential) Zoning District:
a. A 33.7 foot variance from the required minimum 100 foot structure setback from the Ordinary High Water
(OHW) elevation of Prior Lake (Section 1104.309)
b. A 5 foot variance from the required minimum 10 foot side yard setback (Section 1104.309)
4. The variances are subject to the following conditions of approval:
a. The variance resolution shall be recorded at Scott County. An acknowledged City Assent Form, shall
be submitted to the Community & Economic Development Department prior to the issuance of a
building permit.
b. The grey water system shall be located 75 feet from the OHWM (Ordinary High Water Mark) of Prior
Lake.
PASSED AND ADOPTED THIS 20th DAY OFJUNE, 2016.
_______________________________ Fleming, Commission Chair
ATTEST: _________________________________
Dan Rogness, Community & Economic Development Director
VOTE Fleming Kallberg Larson Petersen Tieman
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
TWIN ISLAND CIR NW
Upper Prior Lake
Ü
Martin-Scholl Twin Island Variance Location Map
UPPER PRIOR LAKE
GD
(904)
SPRING LAKE
GD
(912.8)
BLIND
LAKE
RD
(948.7)
ARTIC
LAKE
NE
(906.7)
MARKLEY
LAKE
RD
( )
CRYSTAL LAKE
NE
(943.3)
EAGLE
C
R
E
E
K
A
V
S
E
HIGHWA
Y
1
3
160TH ST SE
Upper Prior Lake
Spring Lake
SUBJECTPROPERTY
SUBJECTPROPERTY
Approximate
Cabin Location
MEMORANDUM
To: Prior Lake Planning Commission
From: Sarah Schwarzhoff, City Attorney
Date: June 9, 2016
Re: Buildable Lots
Nonconforming Lot of Record
A nonconforming lot of record is a lot that predates the current zoning and subdivision
regulations and was a buildable lot under the regulations that existed when the lot was created.
Regulations can be imposed on a nonconforming lot of record such as increased setbacks, but if
the new regulations make a lot of record non-buildable the owner may have a claim for a
regulatory taking. The owner would need to prove that the regulations “went too far” and
prevent the owner from making any use of the property. The court cases considering regulatory
takings provide factors to consider, but do not establish a bright-line rules as to what constitutes
a regulatory taking. If a court finds that a regulatory taking has occurred the City would be
responsible for paying the owner the value of the property taken.
The nonconforming lot of record concept is similar to the legal nonconformity concept. The law
seeks to balance the owner’s preexisting rights to use the lot with the current regulations. Legal
nonconformities can generally be continued but not expanded. In the same way, a
nonconforming lot of record should generally remain buildable, but possibly not to the same
extent.
Shoreland Lot of Record
In 2009 the Minnesota legislature adopted requirements relating to nonconforming lots of record
in shoreland areas. Minn. Stat. 462.357, Subd. 1e (d) through (j).
First, a nonconforming single lot of record may be allowed as a building site without variance
provided that (1) structure and septic setbacks can be met; (2) a compliant type 1 septic system
can be installed or the property is connected to public sewer; and (3) impervious surface
coverage does not exceed 25%. Minn. Stat. 462.357, Subd. 1e (e). This provision permits but
does not require the City to allow building on nonconforming lots of record without variances.
Second, if any of these three requirements cannot be met, the City may consider variances. As
with all other variances, the City must consider the practical difficulties standard and determine
if it is appropriate to grant the requested variances. In addition, for nonconforming lots of record
in a shoreland area, if applicable the City must require the property owner to address: “storm
water runoff management, reducing impervious surfaces, increasing setback, restoration of
wetlands, vegetative buffers, sewage treatment and water supply capabilities, and other
conservation-designed actions.” Minn. Stat. 462.357, Subd. 1e (i).
Finally, the remaining shoreland lot of record statutory provisions focus on nonconforming lots
of record that share common ownership. The statute provides that if abutting lots of record are
under common ownership, the lots must be developed together. Minn. Stat. 462.357, Subd. 1e
(f), (g) and (h). Again, the law seeks to balance an owner’s right to develop an existing lot with
the State’s desire to decrease the number of small nonconforming lots.
Conclusion
A lot of record in a shoreland area should generally be considered a buildable lot. However, the
City is permitted to impose additional regulations limiting the use of the lot. The City must
follow its standard procedure for variances. The City is not required to grant the requested
variances. If the City denies the requested variances the City should provide direction to the
applicant as to what types of uses and/or variances might be permitted to illustrate that not all use
of the lot is being denied.
Twin Isles
In this case, the lots in question were platted in 1925 as Twin Isles. The lots were all buildable
when platted in 1925 and as such all qualify as nonconforming lots of record in a shoreland area.
Most of the existing structures were constructed before the legislature adopted the shoreland lot
of record regulations in 2009. Therefore if property owners were given different information in
the past it was likely a result of different governing statutes. Under the current law, the lots on
Twin Isles under separate ownership should be considered buildable lots that require variances
from the current City regulations. Abutting lots under common ownership should be developed
together.
June 1, 2016
Mayor: Ken Hedberg,
City Council Members: Richard Keeney, Mike McGuire, Monique Morton and
Annette Thompson
City Manager: Frank Boyles
4646 Dakota St. SE, Prior Lake, MN 55372 Dear Mayor, City Council Members and City Manager, My name is Justin Revak. I was a resident of Prior Lake from 1972-2004 and I have been a seasonal resident on Twin Island since 1987. I am writing to you because I am very concerned about a recent change in stance by city staff regarding development on Twin Island. After 30 plus years of abiding by the rules of Island Development Ordinance 1104.309, and specifically section (4) regarding minimum lot size, city staff recently made a decision to ignore this ordinance and support a proposal that was sent to the Planning Commission on May 16, 2016, to build a cabin on Lot 51. Many island residents, including myself, attended the meeting to challenge the proposal. Citing the need for more information, the commission voted to table the topic until the June 20th meeting. I am requesting that city staff review the May 16th meeting minutes and reconsider your stance on this topic. Over the years, the City of Prior Lake has held firm on abiding by the Island Development Ordinance, especially regarding minimum lot size. The two previous owners of lot 51 had both been told the lot is not buildable, given that it is only 5966 square feet, which is less than half of the 12,000 square foot minimum lot size required. Many others, including myself have inquired about building on other lots on the island and were told it would not be possible because of minimum lot size requirements and other setback requirements. The city staff was so adamant about abiding by the minimum lot size requirements that current cabin owners went to great expense to acquire additional lots in order to build. Others, again including myself, didn’t go any further with their plans after speaking with city staff. For this reason, there are very few documented cases of proposals making it to the Planning Commission. However, there is one documented case that I found on the City of Prior Lake’s website. See attached link. In this case, the property owner was attempting to build a cabin on a lot that was only slightly smaller than lot 51. You will see three different letters in the attached documents, where city staff made it clear to the applicant that it was very unlikely that he would receive a favorable recommendation if he applied for variances: -Page 10-11 – Michael Leek, Associate Planner stated: “I would also reiterate, as Mr. Rye didin his letter on May 8, 1995, that because your request involves a single lot that is far belowminimum standards for lots in the shoreland district (including those related to the septicsystems), it is unlikely to receive a favorable staff recommendation.”-Page 19 – Donald Rye, Planning Director stated: “Even with the parking lease, I believeyour odds of receiving favorable staff recommendations are slim. The two variances whichwere granted in recent years both involved properties which combined two or more lots,
thereby satisfying lot area standard. Your request involves a single lot which is far below minimum standards for lots in the shoreland district.” -Page 21-22 – Blair Tremere, Acting Planning Director stated: “I draw your attention to thethird paragraph on page one of the guide sheet which discusses the minimum lot size. Onereason you have had some difficulty in designing a structure for this lot is you are dealingwith an extremely small piece of land even in relation to other sites on the island, andparticularly in relation to those that have had some variance considerations in the last 5-6years.” “It is not clear whether you’ve attempted to obtain another lot that could becombined with yours, thereby addressing the area standard listed in the guide.”-Page 33-34 were sent to the applicant along with the previous letter. These pages aretitled “Twin Island Development Guide” This guide lays out the history of the island andhow it was annexed to the City of Prior Lake in 1973. It states that the majority of thecabins on the island were built prior to annexation to the city. It also clearly states that “In
no case will a variance or building permit be considered if the lot size is less than
15,000 square feet or two contiguous lots, whichever is lesser.”From my research, if the proposed cabin on lot 51 is approved, this would be the first departure from the minimum lot size requirement on Twin Island, since it was annexed to the City of Prior Lake. This decision should not be taken lightly as it will have a dramatic negative impact on Twin Island. It would set the precedent for 20-30 more cabins to be built on other tiny lots like lot 51. Your attention to this matter in advance of the June 20th Planning Commission meeting is greatly appreciated. Sincerely,
Justin Revak
Mr Timothy Becker
6919 North Shore Drive
Eau Claire Wisconsin 54703
July 14 1995
RE Your lot Lot 19 Twin Isles Scott County Minnesota
Dear Mr Becker
I am writing on behalf ofMr Don Rye in response to your letter of July 5 1995 and the
attached Amended Judgment and Decree Mr Rye asked me to review this file and
decree in detail to determine whether the decree creates an entitlement to parking spaces
that would meet the requirements of the Twin Island Development Guide
I have concluded that the decree does not create an entitlement to 2 parking spaces which
would meet the requirements of Twin Islands Development Guideline 3 which states
A lease for two on land parking spaces shall accompany all building permits
The decree does not meet the letter of Resolution 78 22 Guideline 3 in that it is not a
lease for parking The next question to be answered then is whether the decree creates the
legal equivalent of a lease for two parking spaces
It does not grant such a right to parking which meets the development standard In the
decree the Court required that the strip be conveyed to Property Owners of Inguadona
Inc with the reservations contained in Title No 1128 Specifically that Certificate
reserves a the right of peaceful passage over and across the subject lakeshore tract
Reservation b excludes motor vehicular traffic over and across said lake shore except
on the approach on the North end ofthe
driveway
and at the West approach ofthe
driveway
That reservation goes on to talk about enjoyment ofthe abutting lots ofthe
lakeshore The language of these reservations indicates only a right of passage by the
property owners of Twin Isles Right of passage is indicative of rights of access which
are not generally understood to include parking vehicle storage rights
Moreover since both the Certificate containing the reservations and the Amended
Judgment pre date the Council s actions in Resolution 78 22 Mr Becker s argument
suggests that the Council adopted the Resolution in contravention of both This seems
BECK711 DOC J
16200 Eagle Creek Ave Prior Lake Minnesota 55372 1714 Ph 612 447 4230 Fax 612 447 4245
AN EQUAL OPPORTUNITY EMPLOYER
Page 10
veryunlikelyThemorelikelyexplanationisthatneitherthereservationsorlawsuitwereabouttherighttoparkvehiclesbutratherabouttherighttoaccessacrossthelakeshoreThusyouwouldstillneedtosubmitevidenceofavalidleaseoragreementfor2parkingspacesbeforetheapplicationcanbedeemedcompleteIwouldalsoreiterateasMrRyedidinhisletterofMay81995thatbecauseyourrequestinvolvesasinglelotthatisfarbelowminimumstandardsforlotsintheshorelanddistrictincludingthoserelatedtosepticsystemsitisunlikelytoreceiveafavorablestaffrecommendationThatnotwithstandingyoudoofcoursehavetherighttopursuetherequestPleaseletmeknowifyouhaveanyquestionsregardingthisletterVerytrulyyours44uLLRMichaelLeekAssociatePlannerccFile8J9509DonRyePlanningDirectorBECK711DOC2
Page 11
Donald Rye
Planning Director
City of Prior Lake
16200 Eagle Creek Avenue
Prior Lake MN 55372 1714
May 8 1995
Mr Tim Becker
6919 North Shore Drive
Eau Claire WI 54703
Dear Mr Becker
Following our conversation last week I have further reviewed the situation concerning
your property on Lot 19 Twin Isles It appears that one item is still lacking which must
be provided before we can process the variance application and that is a signed lease
which provides you with the right to park 2 vehicles off street on mainland property I did
not see such a document in your file If I missed it please send another copy
Even with the parking lease I believe that your odds of receiving a favorable staff
recommendation are slim The two variances which were granted in recent years both
involved properties which combined two or more lots thereby satisfying the lot area
standard Your request involves a single lot which is far below the minimum standards
for lots in the shoreland district
You do of course have the right to pursue an application for the variances which have
been identified If this is your wish please let me know In addition we will require a
copy of the parking lease referred to above
Pleaser let me know if you have any questions
Sincerely
Qf
Donald Rye
Planning Director
16200 Eagle Creek Ave Prior Lake Minnesota 55372 1714 Ph 612 447 4230 Fax 612 447 4245
AN EQUAL OPPORTUNITY EMPLOYER
Page 19
v
tIS i 3 1 Co C
September 7 1994
Timothy Becker
20 18th Ave North
Hopkins MN 55343
Dqt4 tJ h
e e wI 5 4103tar
Dear Mr Becker
I have your August 28 1994 letter and I ve had an opportunity to review file materials
consisting of the information you have shared with the City regarding your desire to
build a seasonal home on Lot 19 Twin Isles I am returning to you the application
information you submitted to the City in June for two reasons First the application did
not include all the required information see front page of the form For example the
names and addresses of property owners within 100 feet of the exterior boundaries of
the property were not submitted I am also returning it to you because ince June you
have submitted a sUNey plot plan that shows a building design and configuration that is
different than the one on the sUNey plot plan submitted in June
Also enclosed is an information sheet entitled Twin Island Development Guide which
is dated June 1994 This is to help you provide us with a current submittal based upon
what you actually hope to accomplish You should carefully evaluate the standards that
apply and use the check list that is on the second page it appears that you may have
used an earlier version of that check list last spring
I draw your attention to the third paragraph on page one of the guide sheet which
discusses the minimum lot size One reason you have had some difficulty in designing
a structure for this lot is you are dealing with an extremely small piece of land even in
relation to the other sites on the island and particularly in relation to those that have
had some variance considerations in the last 5 6 years Your parcel is 39 127 feet less
than the 1 acre standard required by the shoreland district regulations of the Zoning
Ordinance which are based upon State Standards and your parcel is 11 567 square
feet less than the 15 000 square foot minimum the City established in 1978 as part of
the recognition that there were substandard lots on this island It is not clear whether
you ve attempted to obtain another lot that could be combined with yours thereby
addressing the area standard listed in the guide
Our research indicates that two recent variances on the island have involved properties
that did include two or more adjacent parcels that were combined thereby addressing
this area standard
You also should have the percolation test completed for your on site waste water
system This is important because that data will help you determine where the drainfield
can be located it is subject to certain setback requirements and until you have the
percolation data you do not know precisely where the drainfield can go It is not
4629 Dakota St S E Prior Lake Minnesota 55372 1714 Ph 612 447 4230 Fax 612 447 4245
AN EQUAL OPPORTUNITY EMPLOYER
Page 21
appropriate to speculate where you mayor may not need setback variances from the
drainfield Finally City records show that there have been no special assessments on
this property for City related infrastructure improvements such as sewer water or
streets You indicated in your letter that your taxes have included special assessments
I recommend that you thoroughly consider your proposal and situation including the
significant number of variances generated by the desire to put a certain structure on this
single substandard parcel As a rule you should strive to minimize the degree and
number of variances clearly the City recognizes that there are situations such as this
where some variance action probably will be needed to allow reasonable use of
property In your case so far one of the basic criteria has not been met namely the
area guideline the City has considered when the normal shoreline district minimum of 1
acre is not feasible
Once you have specifically identified the variances you need it is also important that the
application materials be complete It appears to me that you understand that but it is
also important that the materials be accurate and current
Thank you for your letter Please call me if I can be of further assistance
SinCereIY
kl
Blair Tremere
Acting Planning Director
CITY OF PRIOR LAKE
BT rms
cc Gary Staber
enc Variance application materials
Twin Island Development Guide
Variance application form
Page 22
TWIN ISLAND DEVELOPMENT GUIDE
June 1994
This guide is assembled to assist those individuals considering building on Twin Island in Prior LakeThereareseveraluniquelimitationsandregulationsthatapplytodevelopmentofTwinIslandTheislandwassubdividedintosmalllotsin1925thanannexedtotheCityofPriorLakein1973AmajorityofthecabinsontheislandwerebuiltpriortoannexationtotheCitythereforemanystructuresdonotmeetcurrentCityofPriorLakeZoningstandardsTheCitydoesnothavesurveyinfonnationformustofthelotsthereforeanyapplicationforvarianceorbuildingpem1itmustbeaClompaniedbyalutsurveycertifiedbyaregisteredlandsurveyorNewdevelopmentadditionsorotheralterations0thelotssuchasgradingandvegetationremovalmustbedoneincompliancewithPriorLakeCityCoderegulations
Twin Island is zoned R 1 urban Residential however there are no municipal sewer and water utilitiesavailabletotheislandTheCitydoesnothavewatercrafttoprovidepolicepatrolandtireandemergencyservicesarelimitedTheScottCountySheriffsPatrolcurrentlyhasjurisdictionforlawenforcementonPriorLakeDuetothesefactorstheCityCouncilofPriorLakedeterminedthatseasonalstructureswouldbepermittedontheislandbutnotyearroundresidencesAnapplicationforbuildingpermitorvariancemustincludeasignedleasearrangementthatindicatesthattheownerhastwoonlandparkingspacesforvehiclesParkingvehiclesonpublicstreetswhileoccupyingaseasonalstructureontheislandisnotpermittedInadditiontheownerisrequiredtoprovideproofofresidencyatsomelocationotherthanTwinIslandatthetimeofbuildingpem1itapplication
The minimum lot size for Twin Island is I acre or 43 560 square feel In no l ase will a variance orbuildingpermitbeconsideredifthelotsizeislessthan15000squarekcturtwoOmiguuulUbwhicheverislesserResolution7822ThelowesttIoorelevationofthestructureincludingbasementandcrawlspacemustbeatelevation9093oraboveThegradeelevation15beyondtheouterlimitsofthestructuremustbe9093orabove
The required lot width measured at the 904 contour ordinary high warer mark tor Prior Lake is 125feetTherequiredlotwidthatthefrontsetbacklinemeasured25feetbackfromthefrontpropenylineis150feetTherequiredstructuresctbackfromthc904contouris100reClTherequiredsideyardsetbacksare10feetmeasuredfromeachsidelotlineTherequiredgraywatersystemsetbackfromthe904contouris75teetTotalimpervioussurfaceofbuildingsporchesdrivewaysctcislimitedto30jofthelotarea
In addition a self enclosed incinerator type toilet system is re4uired The strul ture shall have a watersupplywhichmeetsMinnesocaDepartmentofHealthstandardstorwaterqualityInadditionthedearcuttingofnaturalvegetationisprohibitedNaturalvegetationshallberestoredinsofarasfeasibleimmediatelyafteranyconstructionprojectiscompletedtoretardsurfacerunoffandsoilerosionTheCityPlannershallapprovearestorationplanpriortoanyremovalofnaturalvegetationforanyconstructionprojectTheobjectiveistoretainnaturalvegetationintacttoscreenseasonalstructuresandotherbuildingsonsite
An applicant who proposes to build a structure on Twin Island must dcmonslrJtc thaI the proposedstructurecanmeettheatorementionedcriteriaIntheevcntthatsctbackslotareaorlotwidthlanmnbemetanapplicationforvariancemuslbesubmiltcejtothePriorLakePlanningCommissiontr
4629 Dakota St S E Prior lake Minnesota 55372 1714 Ph 612 4474230 Fax 612 4474245
AN EQUAL OPPORTUNI1Y EMPLOYER
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consideration The lots on Twin Island are of record and are eligible for a building permit However due
to the small lot sizes most individuals interested in constructing a seasonal cabin will need to follow the
variance process prior to application for a building permit The application process for variance is
reviewed by the City of Prior Lake and Department of Natural Resources Application forms are
available form the Prior Lake Planning Department The process takes approximately three to six weeks
from the time that a complete application is received by the Planning Department to the time that the
actual building permit is issued
Variance approval is valid for only one year and the standards outlined in this guide are subject to change
and amendment by the City of Prior Lake Anyone who desires to build on Twin Island should verify the
current zoning standards prior to initiating the variance or building permit process In addition if the
structure is not built within the one year time frame the variance would expire and it would be necessary
to reapply at some future date As previously stated the lots on Twin Island are of record and subject to a
building permit However the type of building and its location are subject to review by the Prior Lake
Planning Commission and Department of Natural Resources
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TWIN ISLAND DEVELOPMENT GUIDE CHECKLIST
Certified survey of the subject site and proposed building pad with elevations and all
pertinent measurements indicated
1 Acre minimum lot size 43 560 square feet
125 minimum lot width measured at the 904 contour
150 minimum lot width at front setback line measured 25 feet from the front property
line
100 lake shore setback measured from the 904 contour
25 front yard setback measured from the front property line
75 gray water system setback from 904 contour
10 side yard setbacks measured from property lines
30 maximum impervious surface lot coverage
909 3 elevation lowest floor elevation including basement and crawl spaces and
minimum grade elevation 15 beyond the outer limits of the structure
Signed lease agreement for 2 mainland off street parking spaces
Septic System shall be incinerator or self enclosed type of system
Water supply must meet Minnesota Department of Health standards for water quality
Vegetation removal and restoration plan must be approved by the Director of Planning
prior to construction No clear cutting of vegetation is permitted
Applicant must provide proof of residency other than Twin Island at the time of building
permit application
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Subject: Martin-Scholl Twin Island - Variance-
Planning Commissioners,
This subject matter has been tabled till your June 20, 2016 meeting.
Per Commissioner Fleming's request, I am including the following information for your
consideration.
The City is permitted to impose additional regulations limiting the use of a lot.
The City of Prior Lake has imposed additional regulations SPECIFIC to Twin Island.
The current regulation states:
" On Twin Island, the minimum lot size requirement is 12,000 square feet."
Below is a photo of this imposed additional regulation. It is circled for your reference.
What is the purpose of this regulation, if not to be enforced? Good question.
Why not follow proper procedures and have the City Council delete it, rather than looking the
other way.
The City Council are the only ones that can change this imposed regulation.
Of all the islands within the City of Prior Lake , this regulation is specific to Twin Island. Why?
The City Council imposes regulations to help make our City a wonderful place to live and play.
The Twin Island community is very concerned with the outcome of your decision on June 20th,
as it could change the total dynamics of this island.
This request for variances should not have been forwarded to the Planning Commision because it
does not meet the minimum lot size requirement of 12,000 square feet.
The subject lot size of lot 51 on Twin Island is only 5,966 square feet.
A suggestion to the property owners would be to buy additional lot(s) for their seasonal cabin -
build a picnic facility or pavilion on their only lot - leave it as open space.
Sincerely,
John Meyer
jlmeyer1@msn.com