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HomeMy WebLinkAboutVariance 02-027APPLICATION FOR VARIANCE TO THE PROVISIONS OF THE ZONING ORDINANCE Submitted by Matt EIIman and Karen Opoien For the Property Located at 14909 Manitou Road NE Prior Lake, MN Property Identification No. of Prior Lake [it,~I Cay ZONING/LAND USE APPLICATII~i, ~2 0 {~1~ ~j Brief descri~5,[~.~ c,f r- vpvo~ prc,~ z_"t. Type of Application (Please describe the proposed amendment, project, or variance request Attach additional sheets if necessary). [] Amendment to Zoning Map [] Amendment to Zoning Ordinance Text [] Amendment to Comprehensive Plan Land Use Map [] Conditional Use Permit [] Variance [] Planned Unit Development [] Senior Care Overlay District [] Home Occupation [] Amendment or Modification to approved CLIP or PUD [] Other Applicant: ~ ~]~' ~ It~/Ti~ ~ Address: [~q~ ~ ~. Telephone: ~ qq0 ~ (home) (work) ~Z qq0 (~Oqb (fax) Property Owners (if different than applicant): Address: Telephone: (home) (work) (fax) Type of Ownership: J~' Fee [] Contract for Deed [] Purchase Agreement Legal Description of Property (Attach additional shee, ts,if necessary): To the best of my knowledge the information provided in this application and other material submitted is correct. In addition, I have read the relevant sections of the Prior Lake Ordinance and procedural guidelines, and understand that rocessed until deemed complete by the Planning Director or assignee. Appiic a~l~S~ig n~tu r e'~ Date Fee Owner's Signature ADDITIONAL PROJECT INFORMATION (Required for PUD, CUP and SC Overlay DisU'ict applications) Will the developers request financial assistance from the City? [] Yes [] No If yes, please describe the amount and type of assistance requested (attach additional pages if necessary). Will anyone other than the applicant be involved in the ownership, development & management of this project? [] Yes (If yes, please attach a list of the names and the role o£ all persons involved in the project.) [] No I:\handouts~2001 handouts\zoning~zoning app.doc 2- Application for Variance to the Provisions of the Zoning Ordinance Submitted by Matt EIIman and Karen Opoien For the Property Located at 14909 Manitou Rd. NE, Prior Lake, MN We are requesting a variance to the zoning ordinance of Pdor Lake to make an addition to our home which will be 8' x 26' when finished, as shown by the plans submitted to the city. This addition is to provide more bedroom space, as well as to upgrade the master bath, providing us with a bathtub, which the current bathroom lacks. This addition, for the most part consists of enclosing an existing deck. We will also be removing an existing dog run and chain link fence, and landscaping the area where it now stands. We feel that this addition is necessary, both to accommodate the needs of our family of five, as well as to bdng the property to standards for homes of this size and price range. The current master bedroom and bath are not of the same proportion or quality of other homes in our area. Before we made an offer to purchase this property, we researched the feasibility of this project: - Retained services of an architect to provide structural and design input - Obtained estimates from contractors - Spoke with the previous owners, who did not indicate knowledge of problems related to completion of the planned improvements. They had added this deck to the home several years ago, and encountered no objections from the city of Pdor Lake at that time. We concluded that enclosing the existing structure wes possible, so we proceeded to purchase the home. We were not aware that there would be any issue with the bluff setback until after our building contractor submitted a request for a building permit, and he was informed that we needed to obtain a complete survey of the property, which would determine the bluff line. The surveyor's first report indicated that we were within the 25' requirement, but Steve Horstmann contacted him directly and asked for some alterations to his report. This second report shows that the deck we wish to enclose is a non-conforming existing structure. My architect and I then met with Steve to discuss our options that would result in us complying with the code. Steve provided us with the following options, which we researched: - We could cut our odginal addition plan to half the size, which would still cost us the same - We could change the shape of the addition, eliminating the corner that encroaches on the setback, which would cost us considerably more, and would result in peculiarly shaped rooms and an undesirable exterior appearance - We could make the addition to the other end of the house, which is not practical, as the master bedroom would not be adjacent to the master bathroom. We have discussed our plans with our neighbors on Manitou Road, and have found no objections. Included is a petition signed by ail the neighbors that we could reach prior to submission of this request. The only neighbors who can visually see this part of the house are located to the north (the Millers), and they fully support us in this endeavor. I have included photographs which show the view from their house and yard. These photos reveal that a large tree obscures their view of the existing deck, and therefore, also the planned enclosure. Also, please note that the fenced dog run that they can see will be removed and replaced with landscaping. We respectfully request that you consider our application for variance in this situation, so we may proceed with our improvements to the property. BRANDT ENGINEERING & SURVEYING 1600 West 143rd Street, Suite 206 Burnsville, Minnesota 55306 (612) 435-1966 · Fax (612) 435-2929 7 April 2002 Re/OPOIEN proposed addition To whom it may concern; The proposed addition to the Opoien home will not cause the bluff slope to become unstable nor will impose loads that could affect the safety of the slope. It will be necessary to install heavy-duty silt fence to slow runoffduring construction and to allow the new sod to become adequately attached to the ground before the silt fence can be removed. This addition will not have any affect on the neighboring properties. The silt fence will prevent any erosion on the bluff slope. Minnesota Registration No. 8140 0'7 BR~INDT ENG ".> 44'74245 · CITY OF ?X~OR LAK~ Impervious Surhce Celculatiom ~or All ~ Loc~d ~ ~ ~o~d ~ (SD). LotA~ tGt 'sq.F~ x 30% :- .............. A.14.~ ~-ln, CGTH ' ~ SQ, FKET. A'T"'FAC~T'~ GARA~£. x u itt ku~l&, '~ld~ e. pet'vim~ am~mm ke~f-'. TOTAL IMPERVIOUS SURFACE 03×19/02 03:0? BRRNDT ENG e 44?4245 N0.688 PO1 BRANDT ENGINEERING & SURVEYING 14041 BumhQven Drive · Suile 114 · Burnsvllle, MN 55337 Phone: 952-435-1966 · Fox: 952-435-2929 FAX SPIEET COVER F^x #: 44'7- 4~4 S # OF PAGES (including this page): 03/23/98 MON 09:2? FAX 61244?4245 CITY OF PRIOR LAKE ~002 CITY OF PRIOR LAKE Impervious Sot'face Calculations (To be Submitted w~th Build~Perm~t Applic~ion) For All P~ope~es Located in ~he Shoreland Dis~ct (SD). The Maximum Impervious Surface Coverage Permitted in 30 Percent. Lot Area '~'~ ~'[~.. Sq. Feet x 30% = .............. LENGTH WIDT~ SQ. FEET A~AC~ G~GE x ~ TOTAL r~c~rt~ s'rg~cT~m~ ................... Z/~9~' DETACHED BLDGS TOT~A., DETACHED BUILDINGS .................... PATIOS/PORCHES/DECKS (Orca D~¢gs M" mia. opeaiag b~t~-aa bo~srd$, with a pervious sure. ce below, ~ not considered to be impervious) X OTHEK TO'rAL IMPERVIOUS SURFACE OVBKPrepared BY~'~ Company ~oOd and Minutes L:\TEMPLATE~FILEINFO.DOC ~' .'1_-_ I E F EXIS' ~ HOUSE.,~.-x III I III I¥ ?1' / / //// I I I_~1/ III ti1I I I I / II /~ / / ,' II / / ASSENT OF APPLICANT File # 02-027PC As Approved by Resolution # 02-004PC The undersigned hereby assents to the following: I. I have read the conclusions and conditions of said Resolution, and I am familiar with their contents and with the content of the exhibits. 2. I fully accept all of the terms and conditions of said Resolution. 3. I understand Section 1108.400 of the Prior Lake Ordinance Code provides as follows: 1108.413 Revocation and Cancellation of a Variance. A Variance may be revoked and canceled if the Zoning Administrator determines that the holder of an existing Variance has violated any of the conditions or requirements imposed as a condition to approval of the Variance, or has violated any other applicable laws, ordinances, or enforceable regulation. 1108.414 After One Year, No Construction Required. All Variances shall be revoked and canceled if 1 year has elapsed from the date of the adoption of the resolution granting the Variance and the holder of the Variance has failed to make substantial use of the premises according to the provisions contained in the Variance. 1108.415 After One Year, New Construction Required. All Variances shall be revoked and canceled after 1 year has elapsed from the date of the adoption of the resolution granting the Variance if a new structure or alteration or substantial repair of an existing building is required by the Variance and the holder has failed to complete the work, unless a valid building permit authorizing such work has been issued and work is progressing in an orderly way. 1108.416 Upon Occurrence of Certain Events. If the holder of a Variance fails to make actual use of vacant land, or land and structures which were existing when the Variance was issued and no new structure, alteration or substantial repair to existing buildings was required; or if a new structure was required by the Variance and no building permit has been obtained, the Variance shall be deemed revoked and canceled upon the occurrence of any of the following events: (1) A change in the Use District for such lands is made by amendment to the Zoning Ordinance by the City Council. L:\02FlLES\O2variances\024~27~ASSENT.DOC 1 16200 Ea§le Creek Ave. S.E, Prior Lake, Minnesota 55372-1714 / Ph. (9,52) 44-7-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNIYY EMPLOYER (2) Eminent domain proceedings have been initiated to take all or any part of the premises described in the Variance. (3) The use described in the Variance becomes an illegal activity under the laws of the United States of America or the State of Minnesota. (4) Title to all or part of land described in such Variance is forfeited to the State of Minnesota for nonpayment of taxes. (5) The person to whom the Variance was issued files a written statement in which that person states that the Variance has been abandoned. The statement shall describe the land involved or state the resolution number under which the Variance was granted. (6) The premises for which the Variance was issued are used by the person to whom the Variance was issued in a manner inconsistent with the provisions of such Variance. I understand the granting by the City of this Resolution is in reliance on the representations that I will fully comply with all of the terms and conditions of said Resolution. I understand and agree upon notice of non-compliance with any term or condition, I shall immediately cease conducting activities pursuant to the notice or will take all actions necessary to accomplish full compliance with said notice and conditions of the Resolution. DATE 14909 MANITOU ROAD, NE ADDRESS OF PROPERTY SIG~CANT/OWNER SIGNATURE OF APPLICANT/OWNER L:\02FILES\02variances\02-02%ASSENT.DOC 2 ~ommission Meeting 25, 2002 PLANNING COMMISSION MINUTES MONDAY, MARCH 25, 2002 1. Call to Order: Commissioner Criego called the Mamh 25, 2002 Regular Planning Commission meeting to order at 6:30 p.m. Those present were Commissioners Atwood, Criego, Lemke, and Ringstad, Community Development Director Don Rye, Planning Coordinator Jane Kansier, City Engineer Sue McDermott, Zoning Administrator Steve Horsman and Recording Secretary Kelly Meyer. 2. Roll Call: Atwood Present Criego Present Lemke Present Ringstad Present Stamson Absent 3. Approval of Minutes: The Minutes from the March 11, 2002 Regular Planning Commission meeting were approved as presented. Commissioner Criego reviewed the agenda, read the Public Hearing Statement and opened the meeting. 4, Consent: A. Boyles Variance Resolution. The Zoning Administrator bdefly reviewed the agenda item in connection with the March 25, 2002 Staff report on file in the office of the Planning Department. MOTION BY LEMKE, SECOND BY ATWOOD TO APPROVE THE CONSENT AGENDA AS SUBMITTED. VOTE: Ayes by Atwood, Criego, Lemke and Ringstad, MOTION CARRIED. 5. Public Hearings: A. Case File ~2-027 Matt EIIman and Karen Opoien are requesting a 5.24 foot variance to permit a room addition structure to be setback 19,76 feet from the top of the bluff rather than the required minimum 25-foot setback for the property at 14909 Manitou Road. Zoning Administrator Steve Homman presented the Staff report dated March 25, 2002 on file in the office of the City Planning Department. The Planning Department received a variance application from Matt EIIman & Karen Opoien (applicantJowner) for the construction of a room addition to an existing single family dwelling on the property located at 14909 Manitou Road. The principal structure is a legal non-conforming dwelling because the existing deck was originally built in the bluff setback area prior to the establishment of bluff setbacks. The current applicantJowners purchased the subject property in November 2001, and L:~02FILES~02planning comm\02pcminutcshM N032502 .doc ] Planning Commission Meeting Minutes March 25, 2002 have not made exterior modifications or improvements to the property. The applicants had submitted a building permit application for the addition, and staff determined a bluff setback variance is required. The applicants request a 5.24-foot variance to permit a room addition structure to be setback 19.76- feet from the top of bluff rather than the required minimum 25-foot setback. Based upon the Findings, the staff found this request does not meet the nine hardship criteria. The staff therefore recommends denial of the requested variance as proposed by the applicant. The staff could recommend approval of a lesser variance, which would allow an addition that does not go beyond the existing deck encroachment. Lemke: Asked if using the existing deck envelope would have to include overhangs. Horsman: Confirmed. Comments from the public: Matt EIIman.(app/icant, 14909 Manitou Road): Noted that when the house was purchased their intent was to increase the size of the house and that they were not aware of any restriction. Also noted that they were amenable to taking additional measures to address environmental issues. Karen Opoien (applicant, 14909 Manitou Road): Thanked the staff for all of the help and noted that the variance would not adversely affect the surrounding property owners. Believed there was a hardship for their family of five in that there is only one bathroom. Further advised that they would be amenable to accommodating any concerns of the City and Watershed with respect to erosion control. Noted that the architect and the engineer were both present to answer questions. John Van Able (architect, 1108 Abbott Lane, Minnetonka): Asked if the staff would support a variance within the deck footprint just as it is, removing the overhang. Horsman: Confirmed that as long as the structure including any overhangs remains within the footprint of the current deck, the staff would recommend approval of a lesser variance. Chuck Miller (14897 Manitou Road): Commented that as the affected neighbor he had no objections to the addition and looked forward to having the dog kennel removed. Asked if the concrete patio is considered in the setback calculation. Horsman: Advised that the patio is only considered when calculating impervious surface, and is not considered for setback calculations. Commissioner Criego closed the public headng. Comments from the Commissioners: Atwood: Asked for staff to clarify the concept of intensification and lake creep with respect to this property. Horsman: Explained that the existing deck meets the definition of a structure, as does a reom addition and would constitute an intensification of the use. However, because the intensification is minimal from the deck to the reom L:\02FlLES\02planning comm\02pcminuteshMNO32502.doc Planning Commission Meeting Minutes March 25, 2002 addition, staff would recommend approval if the proposed addition remained entirely within the footprint of the current deck structure. McDermott: Advised that lake creep does not appear to apply in this case. Rin.qstad: Asked about the original survey and the concerns raised under that submission. Horsman: Noted that the odginal survey was incorrect in its interpretation of a bluff setback line. The setback line is not necessarily from the top of bluff, but from where the slope becomes less than 18%. The second survey showed the revised setback. Lemke: Asked the size of the area that encroaches the footprint of the current deck. Horsman: Approximately 30 square feet, not including any overhangs. Crie,qo: Asked if the new patio structure impacts the bluff ordinance. Further commented that it seems staff's recommendation would be for approval if the plans do not impact the property outside the footprint of the current deck. Horeman: Advised that at the time the patio and deck was built, there was no bluff setback. In addition, patios are not defined as structures and so the setback would not apply. Opoien: Asked if the addition could be extended beyond the footprint of the deck, just not on the north side, and no farther than 8 feet from the existing house structure. Horsman: Confirmed. MOTION BY CRIEGO, SECOND BY ATWOOD, TO DIRECT STAFF TO PREPARE A RESOLUTION APPROVING THE VARIANCE REQUEST WITH THE CONDITION THAT THE PROPOSED ADDITION NOT BE EXTENDED BEYOND THE CURRENT FOOTPRINT WHICH WOULD IMPACT THE BLUFF SETBACK ON THE NORTH END AND THE CONDITIONS SET FORTH IN THE STAFF REPORT. Horsman: Clarified that the proposed resolution would include language that the applicant must comply with all other ordinances and regulations of all other regulatory authorities, as well as the requirement to sign and record the consent forms. The motion and second accepted the friendly amendment. VOTE: Ayes by Atwood, Criego, Lemke and Ringstad, the MOTION CARRIED. B, A request by Keystone Communities and Park Nicollet HealthSystems for a Senior Care Overlay District for the property located south of the Park Nicollet Clinic. Planning Coordinator Jane Kansier presented the Staff report dated March 25, 2002 on file in the office of the City Planning Department. L:\O2FILES\O2planning commXO2pcminutes~MN032502.doc PLANNING COMMISSION MINUTES MONDAY, APRIL 8, 2002 1. Call to Order: Chairman Stamson called the April 8, 2002, Planning Commission meeting to order at 6:30 p.m. Those present were Commissioners Criego, Lemke, Ringstad and Stamson, Zoning Administrator Steve Horsman and Recording Secreta~ Connie Carlson. 2. Roll Call: Atwood Absent Criego Present Lemke Present Ringstad Present Stamson Present 3. Approval of Minutes: Correction on page 5: Erase "Stamson" from the vote. The Minutes fi.om the March 25, 2002, Planning Commission meeting were approved as corrected. Consent: A. Ellman/Opien Variance Resolution. Zoning Administrator Steve Horsman presented the Planning Report dated April 8, 2002, on file in the office of the Planning Department. Criego asked to see the corrected survey. Horsman explained the proposed addition. Commissioners recommended adding the condition the addition does not extend beyond the existing structure. MOTION BY CRIEGO, SECOND BY TO APPROVE RESOLUTION 02-004PC APPROVING A 3.91 FOOT VARIANCE TO PERMIT A STRUCTURE SETBACK OF 21.09 FEET FROM A BLUFF RATHER THAN THE REQUIRED 25 FEET WITH THE ADDED CONDITION THAT THE PROPOSED ADDITION DOES NOT EXTEND BEYOND THE EXISITNG STRUCTURE. Vote taken indicated ayes by all. MOTION CARRIED. Commissioner Stamson read the Public Heating Statement and opened the heating. L:\02FILES\02planning conma\02pcminutes~mn040802 .doc I Project # Doc. No. A545612 OFFICE OF THE COUNTY RECORDER SCO'I=I' COUNTY, MINNESOTA Certified Filed and/or Recorded on 04-15-2002 at 12:25 Receipt: 174196 Pat Boeckman, County Recorder m Fee: $ 20.00 STATE OF MINNESOTA) 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 # 02-004PC CASE FILE # 02-027PC on file in the office of the City Planner, City of Prior Deputy Cit~ Clerk Dated this 15th day of April 2002. RESOLUTION 02-004PC A RESOLUTION APPROVING A 3.91 FOOT VARIANCE TO PERMIT A STRUCTURE SETBACK OF 21.09 FEET FROM A BLUFF RATHER THAN THE REQUIRED 25 FEET BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS Matthew R. Ellman & Karen Opoien have applied for a variance from the Zoning Ordinance in order to permit the construction of a room addition to an existing principal structure on property located in the Low Density Residential (R1) and Shoreland Districts (SD) at the following location, to wit; 14909 Manitou Road NE, Prior Lake, MN, legally described as follows: Lot 10, Block 1, Kopp's Bay Second Addition, Scott County, Minnesota. 2. The Board of Adjustment has reviewed the application for variances as contained in Case #02-027PC and held hearings thereon on March 25, 2002, and April 8, 2002. 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, a legal alternative site does not exist for the room addition, and the proposed stmctnres location with regards to the surrounding property, 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 proposed room addition does not increase the existing structures encroachment into the bluff setback. The applicants proposed location and size of the room addition replaces an existing structure and, as such, the hardship has not been created by the applicant. 6. While there is an existing structure on the lot, there is justifiable hardship caused, and that reasonable use of the property does not exist without the granting of the variance. l:\02files\02variances\02-027\aprvrs02-027.doc 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER There is not a legal alternative location for construction of the room addition without the variance. The granting of the variance, as determined by the Planning Commission, 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, and is necessary to alleviate demonstrable hardship. 8. The contents of Planning Case #02-027PC 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 approves the following variance for the construction of an attached room addition to an existing structure as shown in Exhibit 1 - Certificate of Survey: 1. A 3.91-foot Variance to permit a room addition attached to a principal structure to be setback 21.09-feet from a bluff rather than the required minimum 25 feet, The following conditions shall be adhered to and subject to the issuance of a building permit for the proposed room addition: 1. The subject site shall be developed as shown on the attached survey to ensure additional variances are not required. 2. The proposed room addition shall not extend beyond the existing deck structure. 3. The permit is subject to all other City Ordinances and applicable County and State Agency regulations. The variance must be recorded and proof of recording submitted to the Planning Department within 60 days. An Assent Form must be signed and, pursuant to Section 1108.400 of the City Code, the variance will be null and void if the necessary permits are not obtained for the proposed structure within one year after adoption of this resolution. Adopted by the Board of Adjustment on April 8, ~~ Anthony J. Stamson, Commission Chair Donald R. Rye, Pla{mi~g~I~irector l:\02files\O2variances\O2-O27XaprvrsO2-O27.doc 2 Original Reports L:\TEM~LATE~FILEINFO.DOC PLANNING REPORT AGENDA ITEM: SUBJECT: SITE: PRESENTER: REVIEWED BY: PUBLIC HEARING: DATE: 4A CONSIDER A RESOLUTION APPROVING A VARIANCE TO THE BLUFF SETBACK LINE FOR MATT ELLMAN & KAREN OPOIEN, Case File #02-027 14909 MANITOU ROAD NE STEVEN HORSMAN, ZONING ADMINISTRATOR JANE KANSlER, PLANNING COORDINATOR X YES NO APRIL 8, 2002 INTRODUCTION: The Planning Commission held a public hearing on March 25, 2002, to consider a variance application from the property owners for the construction of a room addition to an existing single family dwelling with attached garage on the property located at 14909 Manitou Road. After review of the applicant's request with respect to variance hardship criteria, the Planning Commission directed staff to draft Resolution 02-004PC approving the following Variance with conditions: 1 ) A 3.91-foot Variance to permit a 21.09-foot structure setback from the bluff setback line rather than the minimum required 25-foot setback. The following conditions shall be adhered to prior to the issuance of a building permit for the proposed room addition: 1. The subject site shall be developed as shown on the attached survey to ensure additional variances are not required. 2. The proposed room addition shall not extend beyond the existing deck structure. 3. The permit is subject to all other City Ordinances and applicable County and State agency regulations. The variance must be recorded and proof of recording submitted to the Planning Department within 60 days. An Assent Form must be signed and, pursuant to Section 1108.400 of the City Code, the variance will be 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER null and void if the necessary permits are not obtained for the proposed structure within one year after adoption of this resolution. RECOMMENDATION: The attached Resolution is consistent with the Planning Commission's direction for approval of a variance to bluff setback for the construction of a room addition attached to an existing single family dwelling. The staff recommends adoption of Resolution 02-004PC. ALTERNATIVES: 1. Adopt attached Resolution # 02-004PC approving the variance with three conditions that the Planning Commission deemed appropriate under the circumstances. 2. Table or continue discussion of the item for specific purpose. ACTION REQUIRED: A Motion and second adopting Resolution 02-004PC approving the 3.91-foot variance to permit a 21.09-foot structure setback from the bluff setback line with four conditions. L:\02FILES\O2variances\02-027~VarRpt2.doc Page 2 RESOLUTION 02-004PC A RESOLUTION APPROVING A 3.91 FOOT VARIANCE TO PERMIT A STRUCTURE SETBACK OF 21.09 FEET FROM A BLUFF RATHER THAN THE REQUIRED 25 FEET BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. Matthew R. Ellman & Karen Opoien have applied for a variance from the Zoning Ordinance in order to permit the construction of a room addition to an existing principal structure on property located in the Low Density Residential (RI) and Shoreland Districts (SD) at the following location, to wit; 14909 Manitou Road NE, Prior Lake, MN, legally described as follows: Lot 10, Block 1, Kopp's Bay Second Addition, Scott County, Minnesota. 2. The Board of Adjustment has reviewed the application for variances as contained in Case #02-027PC and held hearings thereon on March 25, 2002, and April 8, 2002. 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, a legal alternative site does not exist for the room addition, and the proposed structures location with regards to the surrounding property, 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 proposed room addition does not increase the existing structures encroachment into the bluff setback. The applicants proposed location and size of the room addition replaces an existing structure and, as such, the hardship has not been created by the applicant. l:\02files\02variances\02-027Xaprvrs02-027.doc 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER While there is an existing structure on the lot, there is justifiable hardship caused, and that reasonable use of the property does not exist without the granting of the variance. There is not a legal alternative location for construction of the room addition without the variance. The granting of the variance, as determined by the Planning Commission, 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, and is necessary to alleviate demonstrable hardship. 8. The contents of Plarming Case #02-027PC 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 approves the following variance for the construction of an attached room addition to an existing structure as shown in Exhibit 1 - Certificate of Survey: 1. A 3.91-foot Variance to permit a room addition attached to a principal structure to be setback 21.09-feet from a bluff rather than the required minimum 25 feet. The following conditions shall be adhered to prior to the issuance of a building permit for the proposed room addition: The subject site shall be developed as shown on the attached survey to ensure additional variances are not required. The permit is subject to all other City Ordinances and applicable County and State Agency regulations. The variance must be recorded and proof of recording submitted to the Planning Department within 60 days. An Assent Form must be signed and, pursuant to Section 1108.400 of the City Code, the variance will be null and void if the necessary permits are not obtained for the proposed structure within one year after adoption of this resolution. Adopted by the Board of Adjustment on April 8, 2002. ATTEST: Anthony J. Stamson, Commission Chair Donald R. Rye, Planning Director l:\02files\02variances\02-027Xaprvrs02-027.doc 2 PLANNING REPORT AGENDA ITEM: SUBJECT: SITE: PRESENTER: REVIEWED BY: PUBLIC HEARING: DATE: 5A CONSIDER VARIANCES TO A STRUCTURE SETBACK FROM TOP OF BLUFF, FOR MATT ELLMAN & KAREN OPOIEN, Case File #02-027 14909 MANITOU ROAD NE STEVEN HORSMAN, ZONING ADMINISTRATOR JANE KANSlER, PLANNING COORDINATOR X YES NO MARCH 25, 2002 INTRODUCTION: The Planning Department received a variance application from Matt EIIman & Karen Opoien (applicant/owner) for the construction of a room addition to an existing single family dwelling on the property located at 14909 Manitou Road. The principal structure is a legal non-conforming dwelling because the existing deck was originally built in the bluff setback area prior to the establishment of bluff setbacks. The current applicant/owners purchased the subject property in November 2001, and have not made exterior modifications or improvements to the property. The applicants had submitted a building permit application for the addition, and staff determined a bluff setback variance is required (Attachment 1 Survey). The applicants request the following variance: 1) A 5.24-foot variance to permit a room addition structure to be setback 19.76-feet from the top of bluff rather than the required minimum 25-foot setback (Ordinance Section 1104.304: Bluff Setbacks). DISCUSSION: Lot 10, Block 1, Kopps Bay Second Addition, was platted in 1960. The subject property is located within the Low Density Residential, and Shoreland Districts (R-l, SD). The lot is riparian bluff. The top of bluff follows the 960-foot elevation contour that runs through the existing deck attached to the principal structure. The platted dimensions of the lot are 100' front by 266.88' N side by 100' lakeside/rear by 280.25 for a total lot area of 27,513 square feet to the shoreline. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER The lot area above the 904 foot ordinary high water elevation is 27,151 square feet (Attachment 2 - Copy of Plat). According to City records, the existing house was constructed in 1964, the boat house in 1973, the deck in 1984, and the garage addition in 1992, all prior to adoption of the bluff setback ordinance in 1995. The original deck permit does not include a survey or site plan, only the dimensions of 16' x 12', 10' x 6', and 9' x 5' for a multi-level deck. As determined on the survey, the top of bluff is the 960' elevation contour and it runs diagonally through a portion of the existing deck and proposed room addition. The deepest point of the bluff setback encroachment is depicted as 3.91' to the existing deck and proposed exterior wall of the room addition. However, the proposed addition has an eave/overhang of 1.33' (16") beyond the exterior wall. The zoning ordinance requires all structure setbacks to the top of bluff and OHWM be measured to the nearest point of the structure. As the exterior wall of the room addition is located 3.91 feet beyond the minimum 25' bluff setback, the variance required is 5.24-feet (3.91'+ 1.33'). The proposed room addition has approximate dimensions of 22' deep x 26' wide, with 8' x 26' extending beyond the existing principal structure. The plans include an upper level with a master bedroom and master bath, and a lower level family room. In addition, the building plans depict a new deck that matches the extension of the addition, but does meet the minimum setbacks (Attachment 3 - Addition Plans). The new room addition is larger and the roof gable projects beyond the existing deck, and is defined as an expansion of the non-conforming structure. In addition, the conversion of the deck area to a porch addition is defined as an intensification of the non-conforming structure. Any additions or alterations to the nonconforming structure require compliance with the current ordinance regulations or approval of the requested variance by the Board of Adjustment. The expansion of 8' x 26' (208 sq. ft.) room addition is considered to be an intensification and expansion of the nonconforming structure (Ord. Sec. 1107.2303 (2) Nonconforming Structures: a. Permitted Construction). The proposed plans include a total impervious surface area of 7,947 square feet for a 29.2% hard surface coverage area, and is less than the maximum 30% allowed by Ordinance Section 1104.306. In addition, the applicants are proposing to remove the concrete dog run along the N lot line and landscape this area (Attachment 4 - Impervious Surface Calculations). The applicant's submitted a narrative describing their reasons for this variance request (Attachment 5 - Applicant Narrative). L:\02FILES\02variances\02-027~VarRpt02-027,doc Page 2 The City Engineering Department reviewed this variance request and stated in essence, approval of the requested variances is contrary to the goal of the Comprehensive Lake Management Plan, which is to "minimize the transport of nutrients, sediment and runoff from city streets and lands which impact the Prior Lake watershed, and promotes lake creep, the encroachment of buildings and impervious areas towards the lakeshore". The Department of Natural Resources has submitted comments on this request. The DNR did not visually inspect the site but does not believe the proposed addition jeopardizes the integrity of the bluff. The City ordinance permits a 25' bluff setback which is 5' less than the 30' setback required in minimum state wide standards. The DNR has approved the City's slight relaxation of the minimum setback standard. If approved, good erosion control measures will need to be implemented and maintained throughout construction. Finally, an independent engineers report, provided by the applicant, will be required prior to issuance of a building permit. The report must address the impact any excavation, fill or placement of structures will have on the site. The report also include recommendations so the site development will not interfere with adequate drainage for the site or adjacent properties. In addition, the owner provide certification from a professional engineer that the final grading of the site was completed in compliance with an approved grading plan, and that all conditions of the engineers report have been adhered to (Ord. Section 1104.305: Engineers Report Required). VARIANCE HARDSHIPSTANDARDS 1. Where by reason of narrowness, shallowness, or shape of a lot, or where by reason of exceptional topographical or water conditions or other extraordinary and exceptional conditions of such lot, the strict application of the terms of this Ordinance would result in peculiar and practical difficulties or exceptional or undue hardship upon the owner of such lot in developing or using such lot in a manner customary and legally permissible within the Use District in which said lot is located. By reason of exceptional topography and the existing structure's location near a bluff impact zone an argument for hardship is possible regarding replacement of an existing room or deck condition. However, the conversion of a deck into an expanded room addition is an obvious expansion and intensification of the nonconforming structure. Therefore, staff feels the variance requested for a bluff setback encroachment for the room addition does not meet this hardship standard. L:\02 FILES\02vadances\02-027\VarRpt02-02?.doc Page 3 2. Conditions applying to the structure or land in question are peculiar to the property or immediately adjoining property, and do not apply, generally, to other land or structures in the Use District in which the land is located. The bluff is a unique condition of the property and neighborhood, but is not exclusive to this neighborhood or the subject lot. 3. The granting of the proposed Variance is necessary for the preservation and enjoyment of a substantial property right of the owner. The granting of the bluff setback variance can be eliminated by maintaining the existing conditions of the principal structure and attached deck rather than adding a room addition. 4. The granting of the proposed Variance will not impair an adequate supply of light and air to the adjacent property, unreasonably increase the congestion in the public streets, increase the danger of fire, or endanger the public safety. The granting of the bluff setback variances for the room addition should not impair adequate light and air to adjacent properties nor endanger the public safety. 5. The granting of the Variance will not unreasonably impact on the character and development of the neighborhood, unreasonably diminish or impair established property values in the surrounding area, or in any other way impair the health safety, and comfort of the area. The granting of the variance does not appear to unreasonably impact on the character and development of the neighborhood. 6. The granting of the proposed Variance will not be contrary to the intent of this Ordinance and the Comprehensive Plan. The granting of the bluff and OHWM setback variances for a new porch addition is contrary to the intent of the City Ordinance and Comprehensive Plan because the intent is to eliminate the construction of structures in bluff setback zones, and by promoting "lake creep". 7. The granting of the Variance will not merely serve as a convenience to the applicant but is necessary to alleviate a demonstrable undue hardship or difficulty. L:\O2FILES\O2vadances\O2-O27~VarRptO2-O27.doc Page 4 The requested setback variances are not necessary as proposed, because the existing deck structure has less of an impact on the bluff than a room addition. 8. The hardship results from the application of the provisions of this Ordinance to the affected property and does not result from actions of the owners of the property. The requested bluff setback encroachment variance is a result of the property owner actions, and could be eliminated by use of the existing structure. 9. Increased development or construction costs or economic hardship alone shall not be grounds for granting a Variance. Financial considerations alone are not grounds for the granting of this variance request. RECOMMENDATION: Staff feels that all nine hardship criteria have not been met with respect to the requested variance to the bluff setback for construction of a room addition. The staff therefore recommends denial of the requested variance as proposed by the applicant. The staff could recommend approval of a lesser variance, which would allow an addition that does not go beyond the existing deck encroachment. ALTERNATIVES: 1. Approve the variances requested by the applicant, or approve any variances the Planning Commission deems appropriate in the circumstances. 2. Table or continue discussion of the item for specific purpose. Deny the application because the Planning Commission finds a lack of demonstrated hardship under the zoning code criteria. In this case, the Planning Commission should direct staff to prepare a resolution with findings denying the variance requests. ACTION REQUIRED: Staff recommends Alternative #3. A Motion and second adopting Resolution 01-029PC denying the bluff and OHWM setback variances as proposed by the applicant. L:\02FILES\02vadances\02-027~VarRpt02-027.doc Page 5 RESOLUTION 02-04PC A RESOLUTION DENYING A 5.24 FOOT VARIANCE TO PERMIT A STRUCTURE SETBACK OF 19.76 FEET FROM A BLUFF RATHER THAN THE REQUIRED 25 FEET BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. Matthew R. Ellman & Karen Opoien have applied for a variance from the Zoning Ordinance in order to permit the construction of a room addition to an existing principal structure on property located in the Low Density Residential (RI) and Shoreland Districts (SD) at the following location, to wit; 14909 Manitou Road NE, Prior Lake, MN, legally described as follows: Lot 10, Block 1, Kopp's Bay Second Addition, Scott County, Minnesota. 2. The Board of Adjustment has reviewed the application for variances as contained in Case #02-027PC and held hearings thereon on March 25, 2002. 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, a legal alternative site exists with a reduced size room addition, and the proposed structures location with regards to the surrounding property, the proposed variance will 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 proposed room addition increases the existing structure encroachment into the bluff setback. The applicant has control over the location and size of the room addition, as such, the hardship has been created by the applicant. l:\02files\02variances\02-027Xdnyrs02-027.doc 1 16200 Ea§le Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 6. While there is an existing structure on the lot, there is no justifiable hardship caused, and that reasonable use of the property exists without the granting of the variance. There is a legal alternative location and reduced plan design for construction of the room addition without the variances. 7. The granting of the variance, as originally requested, is not necessary for the preservation and enjoyment of a substantial property right of the applicant. The variance will serve merely as a convenience to the applicant, and is not necessary to alleviate demonstrable hardship. The factors above allow for an alternative addition with a reduced variance or none at all. 8. The contents of Planning Case #02-027PC 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 variance for an accessory structure as shown in Attachment 1 - Certificate of Survey): 1. A 5.24-foot Variance to permit a room addition attached to a principal structure to be setback 19.76-feet firom a bluff rather than the required minimum 25 feet. Adopted by the Board of Adjustment on March 25, 2002. ATTEST: Anthony J. Stamson, Commission Chair Donald R. Rye, Planning Director l:\02files\02variances\02-027\dnyrs02-027.doc 2 cTACHMENT I © E×~ DUSE 1/11¢.~/I I ~1 111 I I I / / / 'SL/f~V_E y o~ ~ m 0:~/19/02 0:~:07 BI~NDT ENG ..-> 4474~45 NO. 68B l~i~.. CITY OF PRIOR LAI~, Impervious Surtlce Culcalations 1 ~1'o be hbufi~ud whh 9~ihlla[ l~,ma' ~WlimlmO 1~or ~l ~ Loc~d ~ ~ ~o~d Di~ (~D). Pmpert~A,dtit~ss I~0 ~r~., ~di~' I,IOU~ A't"~ACT-ls:T'j OAR,AG£. DKTACH~D ~ TOTAL IMPERVIOUS SURFACE PTep~r~d B7 ~ com~'v ~E/~J~. ~T O ATTACHMENT 5 - APPLICANT NARRATIVE Application for Variance to the Provisions of the Zoning Ordinance Submitted by Matt EIIman and Karen Opoien For the Property Located at 14909 Manitou Rd. NE, Prior Lake, MN We are requesting a vadance to the zoning ordinance of Prior Lake to make an addition to our home which will be 8' x 26' when finished, as shown by the plans submitted to the city. This addition is to provide more bedroom space, as well as to upgrade the master bath, providing us with a bathtub, which the current bathroom lacks. This addition, for the most pad consists of enclosing an existing deck. We will also be removing an existing dog run and chain link fence, and landscaping the area where it now stands. We feel that this addition is necessary, both to accommodate the needs of our family of five, as well as to bring the property to standards for homes of this size and price range. The current master bedroom and bath are not of the same proportion or quality of other homes in our area. Before we made an offer to purchase this property, we researched the feasibility of this project: - Retained services of an architect to provide structural and design input - Obtained estimates from contractors - Spoke with the previous owners, who did not indicate knowledge of problems related to completion of the planned improvements. They had added this deck to the home several years ago, and encountered no objections from the city of Pdor Lake at that time. We concluded that enclosing the existing structure wes possible, so we proceeded to purchase the home. We were not aware that there would be any issue with the bluff setback until after our building contractor submitted a request for a building permit, and he was informed that we needed to obtain a complete survey of the property, which would determine the bluff line. The surveyor's first report indicated that we were within the 25' requirement, but Steve Horstmann contacted him directly and asked for some alterations to his report. This second report shows that the deck we wish to enclose is a non-conforming existing structure. My architect and I then met with Steve to discuss our options that would result in us complying with the code. Steve provided us with the following options, which we researched: - We could cut our odginal addition plan to half the size, which would still cost us the same - We could change the shape of the addition, eliminating the comer that encroaches on the setback, which would cost us considerably more, and would result in peculiarly shaped rooms and an undesirable exterior appearance - We could make the addition to the other end of the house, which is not practical, as the master bedroom would not be adjacent to the master bathroom. We have discussed our plans with our neighbors on Manitou Road, and have found no objections. Included is a petition signed by all the neighbors that we could reach pdor to submission of this request. The only neighbors who can visually see this part of the house are located to the north (the Millers), and they fully support us in this endeavor. I have included photographs which show the view from their house and yard. These photos reveal that a large tree obscures their view of the existing deck, and therefore, also the planned enclosure. Also, please note that the fenced dog run that they can see will be removed and replaced with landscaping. We respectfully request that you consider our application for variance in this situation, so we may proceed with our improvements to the property. ~,CHMENT I 0 C x. HOUSE // / / // / / / I I I I I II: iI / / LLJ 0 / / / :// d_ _,~ ._z__ ~Z.,r/ / / / k/Ill I I~. /// r' ,. -- lb_il ) / / / rae, BLUFF SETBACK LINE / / / / ! / I ( / .I I / / / / / / I I I I '/i / / IT · CITY OF PRIOR ~ Impervious Surface Calculations ' ~or ~1 ~p~ Leered ~ ~ ~e~d Dis~ (~D). 'l'ne M~mum Impervious Suffice Cuyem~a P~'mit'ced in 30 Pe~at~ ~"~-.[ ~,~,. t~o~ ,~'~:o, .~.~l' ,, AT~^CI:~D G~AG£, D~rI'ACZ,.]~;~ BLDGS m ~x 9_0 TOTAL IT! TOTAL DECKS.._:-___ 0 TO'rAL IMPERVIOUS SURFACE l~,p~red By~ Company Correspondence L:\TEMPLATE~FILE1NFO.DOC April 9, 2002 Anthony J. Stamson Planning Commission Chair 16095 Wren Court SE Prior Lake, MN 55372 Dear Mr. Stamson: Enclosed is Variance Resolution 02~004PC as adopted by the Planning Commission on April 8, 2002. Please review and sign the Resolution and return in the self-addressed stamped envelope provided. Should you have any questions regarding this matter, please call my direct phone number at 447-9854 between 8:00 a.m. and 4:30 p.m., Monday through Friday, and I will assist you. Sincerely, Steven Horsman Zoning Administratodlnspector 16200 EPac~'~reek Ave. S.E., Prior Lake. Minnesota 55372~1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER April 15, 2002 Matt Elmann & Karen Opoien 14909 Manitou Road Prior Lake, MN 55372 RE: Recording of Approved Variance and Assent Form Acknowledgment Dear Residents: The purpose of this letter is to advise you that Resolution 02-004PC approving a variance on the property located at 14909 Manitou Road must be recorded at Scott County. A building permit will not be issued until proof of recording has been submitted to the Planning Department. The variance will be null and void per Section 1108 of the City Code within one year if the project is not completed or if construction has not commenced (Assent Form). Enclosed is a certified copy of the original Resolution to be recorded at the Scott County Recorders office. The 2nd copy is to be stamped as recorded by the recorders office and returned to the Planning Department as proof of recording. Also included is a 3rd copy for your records. Additionally, the enclosed Assent Form must be signed by all property owners and returned to the Planning Department prior to the issuance of any necessary permits. If you have any questions, please contact me at 447-9854. Sincerely, Zoning Administrator 1:\02flles~02vadances\02-027~recdlet.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER April 3, 2002 Matt Ellman & Karen Opoien 14909 Manitou Road Prior Lake, MN 55372 RE: Agenda and Agenda Repod Attached is a Planning Commission Agenda and Staff Report for the April 8, 2002 Planning Commission meeting. You or your representatives are expected to attend the meeting. You will be given the opportunity to speak regarding your proposal and the staff report. The meeting begins at 6:30 p.m. and is held at the Fire Station located at 16776 Fish Point Road (east of HWY 13 on the south side of CR 21). If you cannot attend the meeting, please call me so your item can be deferred to the next Planning Commission meeting. If you have any questions, please contact me at 447-9810. Sincerely, Connie Carlson Planning Dept. Secretary Enclosure I:\deptwork\blankfrm~meetltr.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER March 20, 2002 Matt EIIman & Karen Opoien 14909 Manitou Road Prior Lake, MN 55372 RE: Agenda and Agenda Report Attached is a Planning Commission Agenda and Staff Report for the March 25, 2002 Planning Commission meeting. You or your representatives are expected to attend the meeting. You will be given the opportunity to speak regarding your proposal and the staff report. The meeting begins at 6:30 p.m. and is held at the Fire Station located at 16776 Fish Point Road (east of HWY 13 on the south side of CR 21). If you cannot attend the meeting, please call me so your item can be deferred to the next Planning Commission meeting. If you have any questions, please contact me at 447-9810. Sincerely, Connie Carlson Planning Dept. Secretary Enclosure I:\deptwork\blankfrm~meetltr. doc 16200 Eagle Creek Ave. S.F'., Prior Lake. Minnesoi:a 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Steve Horsman From: Sent: To: Subject: Pat Lynch [patlynch@dnr.state.mn.us] Tuesday, March 12, 2002 3:05 PM Shorsman@cityofpriorlake.com Variance 02-027, 3.9' Bluff setback variance The city ordinance I have a copy of allows a setback 25' from top of the bluff. This is 5' closer than the 30' top of bluff setback required in minimum statewide standards. DNR has approved the city's slight relaxation of the minimum setback standard. That being said, I am viewing this variance request as a 4' setback variance from the 10 foot blanket variance provided to the city through approval of the lesser setback standard. In this particular case, it appears the area on the ground beneath the proposed addition is relatively flat, and has an existing paved and/or decked surface (looks as if a paved surface encroaches in to the bluff). Where did the surveyor delineate the top of the bluff? Looks like they used the visual break in slope, versus the mathematical method. I did not view the site, but base on the survey, I do not believe this particular proposal jeopardizes the integrity of the bluff. Pat Lynch DNR South Metro Area Hydrologist phone 651.772.7917 fax 651.772.7977 pat.lynch@dnr.state.mn.us March 4, 2002 Matt EIIman & Karen Opoien 14909 Manitou Road NE Prior Lake, MN 55372 RE: Review for Variance Application Completeness Dear Mr. EIIman & Ms. Opoien: The City of Prior Lake has determined all of the necessary submittals for the above application have been received. This letter serves as your official notification that the application is now complete. The City will now begin formal review of this request. At this time, the variance application is scheduled for the March 25, 2002, Planning Commission meeting. The City review process can be substantially less than 120 days, and we intend to progress in a timely manner that provides a complete and professional review. Occasionally, however, due to meeting schedules, it is sometimes necessary to extend the 60-day review period. This letter also serves as your official notice that the City is extending the 60-day deadline for an additional 60 days from May 4, 2002 to July 3, 2002. If you have questions relative to the review process or related issues, please contact direct dial phone number at 952-447-9854. Sincerely, Sieve Horsman Zoning Administrator 1:~02files\02vafiances\02-027~complete,doc Page 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Miscellaneous L:\TEMPLATE~FILEINFO.DOC C,T OF PR,O. DRC PROJECT REVIEW CHECKLIST PROJECT NAME: :VAR 02-027: 3.91' variance to permit a 21.09' room addition structure setback to the bluff impact zone APPLICANT: Matt EIIman & Karen Opoien CONTACT PERSON: Steve Horsmen SITE INFORMATION PID #: ~ 25-053-010-0 LOCATION: 14909 Manitou Road EXISTING ZONING: R1, SD DISTRIBUTE TO: ~1 APPLICATION FOR: Frank Boyles '- Bud Osmundson Administrative Land Division SueWalsh '- Sue McDermott Comprehensive Plan Amend. Ralph Teschner Conditional Use Permit Home Occupation Bob Hutchins Rezoning Don Rye Site Plan Jane Kansier '- Fire Chief Preliminary Plat " Bill O'Rourke PUD DNR - Pat Lynch '- Minnegasco Final Plat County Hwy. Dept. '- Watershed Dist, ',,Variance MNDOT ',- Phone Co. Vacation ScottJRice SMDC '- Electric Co. MN Valley Mediacom Cable Met. Council Date Received Date Distributed 318102 Date Due 3/15/02 Complete Application Date Distributed to DRC Meeting Date DRC Publication Date Tentative PC Date Tentative CC Date 60 Day Review Date Review Extension 1:\02files\02variances\O2-02'Areferall ,doc Page 1 I have reviewed the attached proposed request [ VAR 02-027] for the following: Water City Code Grading Sewer Storm Water Signs Zoning Flood Plain County Road Access Parks Natural Features Legal Issues Assessment Electric Roads/Access Policy Septic System Gas Building Code Erosion Control Other Recommendation: Approval Denial Conditional Approval Comments: Signed: Date: Please return any comments by March 15, 2002, to Steve Horsman, Planning Dept. City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (612) 447-9854 Fax: (612) 447-4245 1:\02files\O2varia nces\O2-O27~refera11 .doc Page 2 BO A~ ))~ // / \\ /I/ z' / / / ? I ~.- iiiI i1~'~// I/i / / / CITY OF PRIOR LAKE DRC PROJECT REVIEW CHECKLIST PROJECT NAME: VAR 02-027: 3.91' variance to permit a 21.09' room addition structure setback to the bluff impact zone APPLICANT: Matt Ellman & Karen Opoien CONTACT PERSON: Steve Horsman SITE INFORMATION PID #: 25-053-010-0 LOCATION: 14909 Manitou Road EXISTING ZONING: R1, SD DISTRIBUTE TO: I _11 APPLICATION FOR: Frank Boyles "' Bud Osmundson Administrative Land Division SueWalsh '~ Sue McDermott Comprehensive Plan Amend. Ralph Teschner Conditional Use Permit Home Occupation Bob Hutchins Rezoning Don Rye _ Site Plan Jane Kansier '- Fire Chief Preliminary Plat '" Bill O'Rourke PUD DNR- Pat Lynch '- Minnegasco Fina~ Plat County Hwy. Dept. " Watershed Dist. ,, Variance MNDOT '- Phone Co. Vacation Scott/Rice SMDC ',- Electric Co. MN Valley Mediacom Cable Met. Council Date Received Date Distributed 318/02 Date Due 3115102 Complete Application Date Distributed to DRC Meeting Date DRC Publication Date Tentative PC Date Tentative CC Date 60 Day Review Date Review Extension 1:\02files\02variances\02~027\refera11 .doc Page 1 I have reviewed the attached proposed request [ VAR 02-027] for the following: Water City Code Grading Sewer Storm Water Signs Zoning Flood Plain County Road Access Parks Natural Features Legal Issues Assessment Electric Roads/Access Policy Septic System Gas Building Code Erosion Control Other Recommendation: Approval Denial Conditional Approval Comments: Signed: Date: Please return any comments by March 15, 2002, to Steve Horsman, Planning Dept. City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (612) 447-9854 Fax: (612) 447-4245 1:\02files\02vadances\02-027Veferall .doc Page 2 DUSE etoin'~ng ~ ! I t / I II II I BO ~l -c~% , Location Map Location of 14909 Manitou Road N 300 0 300 600 Feet CITY OF PRIOR LAKE DRC PROJECT REVIEW CHECKLIST PROJECT NAME: VAR 02-021: 23' variance for an existing deck structure setback of 52' to the OHWM. APPLICANT: Donald & Betty Scherer CONTACT PERSON: Steve Horsman SITE INFORMATION PID #: 25-102-002-0 LOCATION: 3894 Green Heights Trail EXISTING ZONING: R1, SD D STR,BUTE TO: 1/11 APPUCAT ON FOR: Frank Boyles '- Bud Osmundson Administrative Land Division Sue Walsh " Sue McDermott Comprehensive Plan Amend. Ralph Teschner Conditional Use Permit Home Occupation Bob Hutchins Rezoning Don Rye Site Plan Jane Kansier " Fire Chief Preliminary Plat "' Bill O'Rourke PUD DNR - Pat Lynch "' Minnegasco Final Plat County Hwy. Dept. '- Watershed Dist. "- Variance MNDOT '- Phone Co. Vacation Scott/Rice SMDC "- Electric Co. Excel Mediacom Cable Met. Council Date Received Date Distributed 3~8~02 Date Due 3/15102 Complete Application Date Distributed to DRC Meeting Date DRC Publication Date Tentative PC Date Tentative CC Date 60 Day Review Date Review Extension 1:\02files\02variances\02-021\referral.doc Page 1 have reviewed the attached proposed request [VAR 02-021] for the following: Water City Code ,~ Grading Sewer Storm Water Signs Zoning Flood Plain County Road Access Parks Natural Features Legal Issues Assessment Electric Roads/Access Policy Septic System Gas Building Code Erosion Control Other Recommendation: Approval Denial Conditional Approval Comments: Please return any comments by March 15, 2002, to Steve Horsman, Planning Dept. City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (612) 447-9854 Fax: (612) 447-4245 Date: ,.3 / I,~lO~. k\02files\02variances\02-021\referraLdoc Page 2 LAKE '~" CITY OF PRIOR LAKE DRC PROJECT REVIEW CHECKLIST PROJECT NAME: VAR 02-027: 3.91' variance to permit a 21.09' room addition structure setback to the bluff impact zone APPLICANT: Matt Ellman & Karen Opoien CONTACT PERSON: Steve Horsman SITE INFORMATION PID #: 25-053-010-0 LOCATION: 14909 Manitou Road EXISTING ZONING: R1, SD DISTRIBUTE TO: I1 1 APPLICATION FOR: Frank Boyles '~ Bud Osmundson Administrative Land Division Sue Walsh '- Sue McDermott Comprehensive Plan Amend. Ralph Teschner Conditional Use Permit Home Occupation Bob Hutchins Rezoning Don Rye Site Plan Jane Kansier ',' Fire Chief Preliminary Plat · ,'Bill O'Rourke PUD DNR- Pat Lynch '- Minnegasco Final Plat County Hwy. Dept. '- Watershed Dist. '- Variance MNDOT '~ Phone Co. Vacation Scott/Rice SMDC '- Electric Co. MN Valley Mediacom Cable Met. Council Date Received Date Distributed 3/8102 Date Due 3/15/02 Complete Application Date Distributed to DRC Meeting Date DRC Publication Date Tentative PC Date Tentative CC Date 60 Day Review Date Review Extension 1:\02files\02variances\02~027\refera11 .doc Page 1 have reviewed the attached proposed request [ VAR 02-027] for the following: Water City Code × Grading Sewer Storm Water Signs Zoning FLood Plain County Road Access Parks Natural Features Legal Issues Assessment Electric Roads/Access Policy Septic System Gas Building Code Erosion Control Other Recommendation: Approval Denial Conditional Approval Comments: Please return any comments by March 15, 2002, to Steve Horsman, Planning Dept. City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (612) 447-9854 Fax: (612) 447-4245 1:\02flles\02variances\02-027\referall ,doc Page 2 OUSE i I II '11I ~-~ etoining WollS~ ~ DEC~ ~" ~ Location Map Location of 14909 Manitou Road 300 0 300 600 Feet HEARING NOTICES L:\TEMPLATE~FILEINFO.DOC NOTICE OF HEARING TO CONSIDER THE FOLLOWING: VARIANCE TO PERMIT A STRUCTURE SETBACK LESS THAN THE MINIMUM REQUIRED SETBACK TO THE TOP OF BLUFF FOR THE CONSTRUCTION OF A ROOM ADDITION TO AN EXISTING SINGLE FAMILY DWELLING ON PROPERTY LOCATED IN THE R-1 DISTRICT (LOW DENSITY RESIDENTIAL) AND THE SHORELAND DISTRICT (SD) IDENTIFIED AS 14909 MANITOU ROAD NE, PRIOR LAKE, MN. You are hereby notified that the Prior Lake Planning Commission will hold a public hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road SE (Southwest of the intersection of County Road 21 and Fish Point Road), on: Tuesday, MARCH 25, 2002, at 6:30 p.m. or as soon thereafter as possible. APPLICANT: Matt Ellman & Karen Opoien 14909 Manitou Road NE Prior Lake, MN 55372 SUBJECT SITE: 14909 Manitou Road NE, Prior Lake, MN, legally described as Lot 10, Block 1, Kopp's Bay Second Addition, Scott County, Minnesota. REQUEST: The applicant is proposing to construct a room addition to an existing single-family house. The proposed addition would replace an existing deck and is setback less than the minimum required setback from the top of bluff. If you are interested in this issue, you should attend the hearing. Questions related to this hearing should be directed to the Prior Lake Planning Department by calling 447-9810 between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. The Planning Commission will accept oral and/or written comments. Oral or written comments should relate to how the proposed construction and requested variances are or are not consistent with the Zoning Ordinance and variance hardship criteria. Prepared this 5th day of March, 2002. Steven Horsman City of Prior Lake To be published in the Prior Lake American on March 9, 2002 L:\02FILES\02variances\02-027\Pubnote.doc ~ 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER NOTICE OF HEARING TO CONSIDER THE FOLLOWING: VARIANCE TO PERMIT A STRUCTURE SETBACK LESS THAN THE MINIMUM REQUIRED SETBACK TO THE TOP OF BLUFF FOR THE CONSTRUCTION OF A ROOM ADDITION TO AN EXISTING SINGLE FAMILY DWELLING ON PROPERTY LOCATED 1N THE R-! DISTRICT (LOW DENSITY RESIDENTIAL) AND THE SHORELAND DISTRICT (SD) IDENTIFIED AS 14909 MANITOU ROAD NE, PRIOR LAKE, MN. You are hereby notified that the Prior Lake Planning Commission will hold a public hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road SE (Southwest of the intersection of County Road 21 and Fish Point Road), on: Tuesday, MARCH 25, 2002, at 6:30 p.m. or as soon thereafter as possible. APPLICANT: Matt Ellman & Karen Opoien 14909 Manitou Road NE Prior Lake, MN 55372 SUBJECT SITE: 14909 Manitou Road NE, Prior Lake, MN, legally described as Lot 10, Block 1, Kopp's Bay Second Addition, Scott County, Minnesota. REQUEST: The applicant is proposing to construct a room addition to an existing single-family house. The proposed addition would replace an existing deck and is setback less than the minimum required setback from the top of bluff. If you are interested in this issue, you should attend the hearing. Questions related to this heating should be directed to the Prior Lake Planning Department by calling 447-9810 between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. The Planning Commission will accept oral and/or written comments. Oral or written comments should relate to how the proposed construction and requested variances are or are not consistent with the Zoning Ordinance and variance hardship criteria. Prepared this 5th day of March, 2002. Steven Horsman City of Prior Lake To be mailed on/or before March 14, 2002 L:\02FILES\02variances\02-027\MailNote.doc i 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER o o o 0 o ~ ~ %e. (iL \\ \ \ HOUSE ¥ I II // / iI iI / / / / ~ / .,/$" O0 · · Mailing Information and Lists L:\TEM?LATE~FILEINFO.DOC AFFIDAVIT OF SERVICE BY MAIL COUNTY OF SCOTT ) )ss STATE OF MINNESOTA) (z~. (_?~J~,~//~4 of the City o.fPrior Lake,ifA2 ,unty of Scott, State of M~-nnesota, being dub sworn, says on the l'/~ day 9~ v///L~'7~"',_2..002, she served tke attached list of.p~rsons to havo an interest in the ,//~£'/'~'/"(//1,~¢9 ~' j~'/~'tq (0~'/'~l~ , by mailing to them a coi~y tt~e{'eof, enclosed in an em;el61~e, postdge prepaid, and be depositing same in the post office at Prior Lake, Minnesota, the last known address of the parties. Subscribed and sworn to be this day of ,2000. NOTARY PUBLIC Location Map Location of 14909 Manitou Road $ 5 Location Map .~D'N Location of 14909 Manitou Road N 300 0 300 600 Feet , I Location Map Location of 14909 Manitou Road N Property Owners Within 350' EIIman/Opc~en Variance 500 0 500 1000 Feet N NEW ABSTRACTS REGISTERED PROPERTY ABSTRACTS CONTINUATIONS TITLE INSURANCE CLOSING SERVICE RECORDING SERVICE SCOTT COUNTY ABSTRACT AND TITLE, INC. 223 HOLMES STREET, RO. BOX 300 SHAKOPEE, MINNESOTA 55379 DAVID E. MOONEN Phone: (952) 445-6246 Fax: (952) 445-9229 February 13, 2002 Matthew Ellman & Karen Opoien 14909 Manitou Road NE Prior Lake, MN 55372 Attn: Karen To Whom it May Concern: According to the 2002 tax records in the Scott County Treasurer's Office, the following persons listed on Exhibit "A" are the owners of the property which lies within 350 feet of the following described property: Lot 10, Kopp's Bay 2~ Addition, Scott County, Minnesota. President MEMBER MINNESOTA LANDTITLE ASSOCIATION AGENT FOR CHICAGO TITLE INSURANCE COMPANY S 1/2 SEC 26 T 115N ~ Parcel Half-Section Scott County, Minnesota DURST ¢ RASPBERRY RIDGE Smooth Feed SheetsTM Use template for 5162® STEVEN J & JEAN E ?A~N'IIER 14957 MANITOU RD NE PRIOR LAKE MN 55372 OBERT N & DORIS TUFTE 14937 MANITOU RD NE PRIOR LAKE MN 55372 WARREN W OPHI~IM 14917 MANITOU RD PRIOR LAKE MN 55372 RICHARD L KNUTSON 14889 MANITOU RD NE PRIOR LAKE MN 55372 EVAN B & PHYLLIS A HOPKINS 14869 MANITOU RD SE PRIOR LAKE MN 55372 ROBERT L & GERALDINE P CLARK 14906 MANITOU RD NE PRIOR LAKE MN 55372 CITY OF PRIOR LAKE CITY ADMINISTRATOR 16200 EAGLE CREEK AVE PRIOR LAKE MN 55372 JOHN D & PAMELA COOK 14949 MANITOU RD NE PRIOR LAKE Mlq 55372 DANIEL C & JOAN L WARD 14929 MANITOU RD NE PRIOR LAKE MN 55372 CHARLES A MILLER 14897 MANITOU RD NE PRIOR LAKE MN 55372 DAVID C & AMY M CARD 14877 MANITOU RD NE PRIOR LAKE MN 55372 HELEN A VIERLING 14310 PIKE LAKE TRL NE PRIOR LAKE MN 55372 KIPLING J & NANCY J KEMPER 14924 MANITOU RD NE PRIOR LAKE MN 55372 RICHARD W & ELIZABETH M KATHAN 4141 RASPBERRY RIDGE RD PRIOR LAKE MN 55372 ~ AVERY® Address Labels Laser 5162®