HomeMy WebLinkAbout08-10-98REGULAR PLANNING COMMISSION AGENDA
MONDAY, AUGUST 10, 1998
6:30 p.m.
2.
3.
4.
Call Meeting to Order:
Roll Call:
Approval of Minutes:
Public Hearings:
A. Case #98-070 Consider a lot width variance and bluffsetback variance for Robert
Jader, 14962 Pixie Point Circle.
5.
6.
7.
8.
Old Business:
New Business:
Announcements and Correspondence:
Adjournment:
16200 E~d[¥~ ~re}h~ ~e.c~.,'~rior ~_a~e, Minnesota 55372-1714 / Ph. {612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
PLANNING COM. MISSION MINUTES
JULY 27, 1998
1. Call to Order:
The July 27, 1998, Planning Commission meeting was called to order by Chairman
Stamson at 6:33 p.m. Those present were Commissioners Stamson, Cram~ii::~.~ Criego,
Planning Director Don Rye, Planner Jermi Tovar, Assistant City Engin~!~~i~::~:,i?
McDermott and Recording Secretary Connie Carlson .....
2. Roll Call: :*~:~*~:~*~ "¥::::::::*::~ ....
Vonhof Absent
Kuykendall Absent
Stamson Present
3 A royal of Minutes: .:~'i~'~[ ..... ":~-:::.~:~?~:...:~.
The Minutes from the July 13, 1998 Pl~g C'~,~ne~fi~' were approved as
A. Case .g~iii?~i~!g Trini~[~g~d Methodist Church is requesting a conditional
sigg~i~:~rmit to hi]~i~n illu~d sign in a residential zomng district for two
Plann~:~ii~i Tovar pre~:. ~ied the Planning Report dated July 27, 1998 on file in the
office of'~i~ty Plann~¢!?'
Staffhas conci~i!~e conditional sign permit meets the conditions set forth in the
ordinance. ~:i?:i~ ....
There were no comments from the public.
Comments from the Commissioners:
Creigo:
· The church in the R2 District is allowed. Proper signage and lighting should be
provided.
l:\98files\98plcomm\pcmin~nn072798.doc 1
· No problem with the conditional use for signage.
Cramer:
· Agreed with staff's recommendation. This is an appropriate use.
Stamson:
· Concurred with Commissioners. ~:~ .......
MOTION BY CREIGO, SECOND BY CRAMER TO APPROVE R~OJ~UTION 98-
18PC GRANTING A CONDITIONAL SIGN PERMIT TO PE~:i~INATED
SIGNS ON PROPERTY ZONED RESIDENTIAL AND LOCA~D AT
ARCADIA AVENUE FOR HOLY TRINITY UNITED ~~T CHUR~:.
Vote taken signified ayes by all. MOTION CARRIEI~[~iliii::~ ....
7. Announcements and Correspondence:
A. Presentation of bluff. .... ~iiii!e~ii?~?~!i!i?:::~ ....
Planner Jenni Tovar explained how a blu ii?:"a iU . Assist~ii~ity Engineer Sue
McDermott also ~ddressed questions. :~::iii?~i:,. '"'::::~ii?~iiiiiii?~iiiiiiiiiiii??~i?,i::i~::::.?::¥ '::~::~ ....
Brief discussion on the engir~g~requirem~::and enfof~nant. This issue will go
before the City Council ii!:~
The meeting adjourned :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
D}~rofPlanning '~iiiiiiiii!iii!ii
Conn/e Carlson
Recording Secretary
1:\98files\98plcomm\pcminhnn072798,doc 2
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
SITE:
PRESENTER:
REVIEWED BY:
PUBLIC HEARING:
DATE:
4A
CONSIDER A LOT WIDTH VARIANCE AND BLUFF
SETBACK VARIANCE FOR ROBERT JADER, Case
File #98-070
14962 PIXIE POINT CIRCLE
JENNI TOVAR, PLANNER
JANE KANSIER, PLANNING COORDINATOR
YES X NO
AUGUST 10, 1998
INTRODUCTION:
The Planning Department received a variance application from Bob Jader who is
proposing to remove an existing structure and construct a new single family
residence on the property located at 14962 Pixie Point Cimle. The lot is 44.38
feet wide at the 25 foot minimum required front yard setback. Section 5-8-12 of
the City Code requires that substandard lots have a minimum lot width of 50 feet
to be buildable. Because the City Code does not specify what measurement
distances are in, the setbacks and other numerical ordinance requirements
cannot be rounded. Thus, the existing lot width at the front yard setback is less
than 50 feet and requires a variance. The lot is located in the First Addition to
Eastwood subdivision on Prior Lake.
There is also a bluff on the property. The proposed structure is located 6.92 feet
from the top of bluff, rather than the required 57 feet. The 57 foot setback is
based on where the grade of the slope becomes less than 18%. Therefore, a
44.38 foot variance is required.
DISCUSSION:
Lot 12, First Addition to Eastwood was platted in 1954. The property is located
within the R-1 (Suburban Residential) and the SD (Shoreland Overlay) districts.
The applicant does not own either of the adjacent pamels. Lot attributes are as
follows:
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Size Requirement to Variance
be Buildable Requested
= (as a substandard lot)
Area 14,924 sq. feet 7,500 sq. feet N/A
(above 904 el)
Lot Width 44.38 feet 50.00 feet 5.62 feet
(measured at setback)
OHW Width 95 feet N/A N/A
(approx.)
The building envelope (Exhibit B), is averaged to be 36.5 feet by 66 feet (2400
square feet). Exhibit C is the preliminary house plan of the proposed structure.
The footprint of the structure is 2891 square feet. It consists of an 891 square
foot attached garage and a 2000 square foot dwelling portion all on one level.
There is a basement indicated on the plans (stairs shown) and possible bonus
room above the garage.
Attached as Exhibit D are three surveys for permits issued with building
footprints less than 2000 square feet. All of these lots have bluffs on them. The
house with the tuck under garage has a footprint of 1264 square feet. The two
houses without the tuck under garage have footprints of 1412 square feet and
1812 square feet. In all of these cases, the required setbacks and constraints of
the lot were the primary consideration for the footprint size.
The DNR has submitted a written objection to granting of the bluff setback
variance stating the physical and visual integrity of the bluff is compromised on
the proposed location of the structure. The DNR does not object to the variance
to the lot width.
VARIANCE HARDSHIP STANDARDS
1. Literal enforcement of the Ordinance would result in undue hardship
with respect to the property.
This criteria goes to whether reasonable use can be made of the property if
the Ordinance is literally enfomed. The variance request to lot width is an
existing condition. There is a hardship with respect to the property because
those dimensions cannot be changed to meet the criteria of the ordinance.
The hardship related to literal enforcement of the bluff ordinance is also
dependent upon reasonable use of the property. Considering other bluff lots
have been built upon with smaller building footprints than proposed here,
reasonable use of the property can exist with a smaller house that fits the
legal building envelope.
L:\98FILES\98VAR\98-070\98-070PC.DOC Page 2
2. Such unnecessary hardship results because of circumstances unique
to the property.
The unique cimumstances are the lot width and topography. Considering lot
width is an existing condition created in 1954 and cannot be altered to meet
the ordinance requirements, hardship does exist for lot width. The lot is
unique as to topography and shape. However, a reasonable use still remains
on the property with a building envelope of approximately 2400 square feet.
3. The hardship is caused by provisions of the Ordinance and is not the
result of actions of persons presently having an interest in the property.
The lot is considered to be substandard. While the lot area is 14,924 sq. feet,
the lot width is only 44.38 feet at the required front setback. These are
conditions which have been existing since the property was platted in 1954.
The lot width is a hardship that is not the result of the applicant's actions.
The hardship, with respect to the bluff setback, is caused by the applicants
house design and four stall garage size. These are conditions of which the
applicant has control over and can modify to meet the criteda of the
ordinance.
4. The variance observes the spirit and intent of this Ordinance, produces
substantial justice and is not contrary to the public interest.
The intent of a minimum lot width of 50 feet is to allow for a structure that can
meet the required setbacks and still be of a reasonable size. Considering
there is an existing cabin on the lot and there are structures on adjacent lots
with similar lot widths, granting the lot width variance observes the spirit and
intent of the ordinance and is not contrary to the public interest. The granting
of the bluff setback variance is contrary to the intent of the bluff setback
requirement and public interest and cannot be compensated for in any other
way on this lot with other considerations or modifications.
RECOMMENDATION:
Staff has concluded the variance request for lot width is substantiated with
hardships pertaining to the lot that the applicant has no control over. However,
the variance request to bluff setback does not meet all four of the criteria as the
applicant has control over the house size and design and smaller foot prints
have been located on other lots with a building envelope of a smaller size.
ALTERNATIVES:
L:\98FILES~98VAR\98-070\98-070PC.DOC Page 3
1. Adopt Resolution 98-19PC approving the variance to lot width and adopt
Resolution 98-20PC denying the bluff setback variance.
2. Table or continue discussion of the item for specific purpose.
3. Approve the variance to bluff setback because the Planning Commission
finds a demonstrated hardship under the zoning code criteria. In this case,
the Planning Commission should direct staffto prepare a resolution with
findings approving the variance request.
ACTION REQUIRED:
Motion and second adopting Resolution's 98-19PC and 98-20PC.
L:\98FILES\98VAR\98-070\98-070PC.DOC Page 4
EXHIBIT A
CI:'R~FICATE OF' SURVEY
tar
BOB JADER
J28-1-98
I I
Scale: 1" = 30'
Bldg area = 2889 Sq. Ft.
Lot oreo = 14,g24 Sq. Ft.
Coverage = 19.36~
Pixie Point Circle
I hereby certify that this survey, plan, or
report was prepared by me or under my direct
supervision and that I om o duly Registered
Land Surveyor under the Laws of the Stole
at Minnesota.
D~e ~ TL/M IqO~' Reg. No. 8140
DESCRIPTION
Lot 12
FIRSI' ADDITION TO EASTWOOD
BRANDT ENGINEERING & SURVEYING~[~L~~U)['~ ,,~ ~
Burnsville, MN 55306
(612) 435-1966 J28-1-g8
.o;~.,.',.,,~ m~, ~:'.,., ~,.~. ,,^,. ..... ..,. 1 612 435292'B P~O1
Impervious Surface Calculations
ne M~m~ ~pe~ious Surface C~e~ge P~ed
HOUSE
ATI'ACHED OARA(~E
TOTAL PRINCIPLE i~RIJCTURF~ ............ ~ ~ 9 o~
DETACHED BI,DOS x '~ 7.~c~
'[OTAL PAVED
PATIO:S/'PORCH~ $/D ECK~
TOTAL DECKS
TOTAL IMPERVIOUS SURFACE
Date -7
Phone #.
,,1
TOTAL P. 01
EXHIBIT B
LEGAL BUILDING ENVELOPE
APPROXIMATELY
2400 SQUARE FEET
-fid
,¢
Scale: 1" -- 30'
Bldg oreo ~ 2889 Sq. Ft.
Lot oreo = 14,924 Sq, Ft.
Coverage = 19.36~
I hereby certify that this survey, plan, or
report was prepared by me or under my direct
supervision and that I am a duly Registered
Land Surveyor under the Laws of the State
of Minnesota.
Z~ ~'V~/ 10~)~' __Reg. No. 8t40
Iqq6'L ,Pixie Point Circl(
DESCRIPIION
Lot 12
FIRST ADDITION TO EASTWOOD
Scott County, Minnesota
Assumed beorings shown
o Denotes Iron monument
BRANDT ENGINEERING & SURVEYINGI'~[~-~¥E II~
1600 West 143rd Street, Sui't:e 206 /~JU"~ 11~
Burnsville, MN 55.306
(612) 435-1966 J28-1-98
×
Ltl
!
!
o
0
~ 101 JO ~ll~
ID '
0 m
0 ~
xZo
EXHIBIT D
NORTHWOOD ROAD
HOUSE FOOTPRINT
1052 SQ FEET
GARAGE FOOT PRINT
760 SQ FEET
~_ of 15ft. Sonitory
.... ' ........ ' ...... Sewer Easemem
93D .
TOP OF BLUFF PER
CITY OF PRIOR LAKE
PLANNING DEPT
,, JL .... ~': .......
LO~ LINE AS SCALED PER PLAT
OF NORTHwo0 D
EXHIBIT D
QUAKER TRAIL
HOUSE FOOTPRINT
836 SQ FEET
ATTACHED GARAGE
FOOTPRINT
576 SQ FEET
RESOLUTION 98-19PC
A RESOLUTION GRANTING A 6.92 FOOT VARIANCE TO PERMIT A LOT
WIDTH OF 44.38 FEET INSTEAD OF THE REQUIRED 50 FEET TO BE
BUILDABLE
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Robert Jader has applied for variances from the Zoning Ordinance in order to permit
the construction of a single family residence with attached garage on property located
in the R-1 (Suburban Residential) District and the SD (Shoreland Overlay) District at
the following location, to wit;
14962 Pixie Point Circle, legally described as Lot 12, First Addition to
Eastwood, Scott County, MN.
2. The Board of Adjustment has reviewed the application for lot width variance as
contained in Case #98-070 and held hearings thereon on August 10, 1998.
The Board of Adjustment has considered the effect of the proposed variance 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 variance on the
Comprehensive Plan.
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 variance 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.
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 property include the substandard lot size
and the fact that the property was platted prior to the incorporation of the city.
l:\98files\98vark98-070Xre9819pc.doc
16200 Ea§le Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
The granting of the variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant. The variance will not serve merely as a
convenience to the applicant, but is necessary to alleviate demonstrable hardship.
7. The applicant has met all of the conditions of Section 5-8-12 (j) for development on a
substandard lot.
8. The DNR does not object to the lot width variance.
The contents of Planning Case 98-070 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 the 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 variance has failed
to obtain any necessary, required or appropriate permits for the completion of
contemplated improvements including a future structure.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby grants and
approves the following variance, as shown in attached Exhibit A (survey);
1. A 6.92 foot variance to permit a lot width of 44.38 feet instead of the required 50 feet
to be buildable.
Adopted by the Board of Adjustment on August 10, 1998.
ATTEST:
Anthony Stamson, Chair
Donald R. Rye, Planning Director
l:\98files'OSvark98-070h'e9819pc.doc
2
R~SOLUTION 98-20PC
A RESOLUTION DENYING 44.38 FOOT VARIANCE TO PERMIT SETBACK
FROM TOP OF BLUFF OF 6.92 FEET INSTEAD OF THE REQUIRED 57 FEET.
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Robert Jader has applied for variances fi.om the Zoning Ordinance in order to permit
the construction of a single family residence with attached garage on property located
in the R-1 (Suburban Residential) District and the SD (Shoreland Overlay) District at
the following location, to wit;
14962 Pixie Point Circle, legally described as Lot 12, First Addition to
Eastwood, Scott County, MN.
2. The Board of Adjustment has reviewed the application for variances as contained in
Case #98-070 and held hearings thereon on August 10, 1998.
The Board of Adjustment has considered the effect of the proposed variance 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 variance on the
Comprehensive Plan.
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 variance 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.
The legal building envelope for the lot is approximately 2400 square feet. The
applicant has control over the house design and shape, such that the hardship created
has been created by the applicant. Reasonable use of the property exists within the
2400 square foot legal building envelope.
6. While there is a bluffon the lot, there is no justifiable hardship caused by the bluffas
reasonable use of the property exists without the granting of the variance.
l:\98file$\98var\98-070~re9820pc.doc I
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
The granting of the variance is not necessary for the preservation and enjoyment of a
substantial property fight of the applicant. The variance will not serve merely as a
convenience to the applicant, and is not necessary to alleviate demonstrable hardship.
The factors listed above allow for an alternative structure and garage to be permitted
without the variance.
8. The DNR has submitted a written objection to this request, stating the visual and
physical integrity of the bluffwould be compromised if the variance is granted.
9. The contents of Planning Case 98-070 are hereby entered into and made a part of the
public record and the record of decision for this case.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby denies the
following variances, as shown in attached Exhibit A (survey) for future single family
dwelling and detached garage;
1. A 44.38 foot variance to permit setback fi.om top of bluff of 6.92 feet instead of the
required 57 foot setback.
Adopted by the Board of Adjustment on August 10, 1998.
ATTEST:
Anthony Stamson, Chair
Donald R. Rye, Planning Director
1:\98files\98var\98-070~re9820pc.doc 2
DNR METRO; 8- 5-98 8:11; 6127727573 => 6124474245; #1/1
August 4, 1998
Minnesota Department of Natural ResoL, rces
Metro W&ter$- 1200 Warner Road, St. Paul. MN 55106-6793
Telephone: ({ii:Z) 772-7910 Fax: (612) 772-7977
Ms. J~mc
Planning Coordinator
City of Print 1 .eke
16200 F~.gle Cre~k Avenue,
Prior l.~ke, Minne,.~t~ $5372-1714
JAD ¢1~. LOT WIDTH AND BLUFF SETBACK VARIAN(21~ APPLICATION, 14962 PIXIE I'OINT CIRg.?LE, PRIOR
LAKE
Dcm' Ms. Ktm~icr:
I have revie~.wd th~ m~'rids you .nubmitte. d ~ me with resp~{ to thc lot width mad bluff setback vari~mcc reqtmst fi.om Bob
at 14962 Pixie Point eh'cie. Please 'conaidcr the following c. omments at Ih= Aui~.~t 10, 1998 Planning Commission hearing.
Earlier this year, and on nummmus c~.eaaion, last ye~, DNR ~t~' have viai~ ~e ~j~t p~l (Lot 13) to deal with a bl~
faih~ 7b date, ~e ~ ~ h~ ~ ~ ~ ~1~ '1~ b~ above elevation ~', is V~ Stcc~ in ~is ~a of Prior
[.eke. The intent of~ ~ord~d re~lafions re~ki*tMg ~sl~b~ of~il ~d vcg~on off ~ n~ bl~. ~ wcll mn bluff
mtbacks f(n' strual~m, ~ to pmtcct bo~ ~c visual mud phyaical at~butcs of fllc~ frail* topo~'aphic fcat~.
I looked clo~ly ~t the ma'*W Which was incl,,d,.a with ~ mai~g. 1 s~mgly cnco=a~ ~e =iW to m'c~ly ~sidcr ~c mq~st
~ ~ ~lc ~ DNR is ~t ~ lo ~c lot wid~ vafiml~, ~ lo ~e ~vclopm~t of ~e lot, we do ~t ~pp~ ~c
~ ~. DNR m~ ~ b~ ~ ~ ~ ~ apglic~t ~cM~ ~c pmpn~ home to mo~ e~ly reply
~ {~i~in8 bl~tback r~r~m~ts. I ~d bc m~ s~p~ive ora s~c~e wM~ i$ ~ b~k ~ ~itioa~ 15 to 20 f~
g~agc, r~nfi~ng ~y ~k ~ pomN ~ ~aldc~ng a h~ ~le wN~ minimlz~ ~ building f~tp~t ~Nlc tuning
~lc ling ~ (a 2-~, ~ ~lc). I ~m ~ ~ ~ ~dc~, ff~, a ~ont y~ ~back v~ which would
allow ~o~t ora ~t~ cl~ to P~ie Point C~0l~ ~ i$ n~ally allowS.
In tho inl~a--~ tffavolding potential ~t~e pmblc~ wi~ slo~ fail.c, ~ ~ ~c ~ifit of ~c intent of flJe s~rcl~ld m~agcmcnt
pmgrmn. 1'3 NR ~s dc~ of ~ bl~ ~lback v~ ~ prop~, but ~ not ~po~ ~c approvM ~ ~e lot ~d~
v~. It aplmm's file hn~iou~ s~f~ mr~e ~d si~d ~tback c~ ~ nlm,
Thank you fi~r conside*in$ tl~...se DNR r~gommendations, ffyou have any questions, please oall mc at 772-7910,
08/04/98 ~ 15:29 FAX 612 452 5550 CAHPBELL ....
August 4,1~98
From; Donald E. Johnson
149~6 Pixie Point Circle
Prior Lake Mn. 5.~372
To; Prior Lake Planning Commission
Regarding ; Variance request for Lot 12
Eastwood.
I am applaud the Prior Lake Planning Co
consider a variance of 50.08 foot setba
the bluff for this lot, this property m
the definition of a Bluff as noted in t
98-01.
I oppose this request for a 50.08 foot
following reasons,
1. Lot 12 First Addition To Eas=wood
to construct a home using the presen;
without undue hardship with respect
2. Since the home construction on lot
Eastwood major slope failure has
lot 14 in 1997 also slmpe failure oc~
lot 12 in 1998, This variance would
instability of this bluff and could
failure. THIS BLUFF ORDIANCE CLEA~LM
SETBACK AND SHOULD BE ADHERED TO.
3. By granting this variance it could
failure that would cause undue hard~
built on this bluff.
I feel this variance should not be gran'
also feel very strongly That all new ha
this bluff should be denied until the ¢,
failure in 1997 and 1998 has been defin,
Sincerely
Firsg Addition To
mission would
Ik from the top of
!ets all criteria of
~e Bluff Ordinance
,ariance for the
Ild have ample space
: 18~ slope setback
:o the property.
First Addition To
fred on lot 13 and
:urred on lot 13 and
~nly augment the
!ause more slope
DEFINES THE BLUFF
use future slope
ip to other homes
ed for lot 12 and I
e construction on
use of the slope
d and repaired