HomeMy WebLinkAbout02-68 Perrier Variance Planning Case File No.
Property Identification No. ~-
City of Prior Lake
LAND USE APPLICATION
16200 Eagle Creek Avenue S.E. / Prior Lake, Minnesota 55372-1714 / Phone (612) 447-4230, Fax (612) 447-4245
Type of Application:
[-'[ Rezoning, from (present zoning)
to (proposed zoning)
["] Amendment to City Code, Comp. Plan or City Ordinance
[--] Subdivision of Land
[-I Administrative Subdivision
[] Conditional Use Permit
~' Variance
I~! Other:
Brief description of proposed project (attach additional
sheets/narrative if desired)
.A. of l,',.,;,,5
Applicable Ordinance Section(s):
Address: /(o_CO& IZ'~¢ o~LAat~c~ ?'~..a~_
Home Phone: g t~-- t-/t~'/~°~0 t~., Work Phone:
Property Owner(s) [If different from Applicants]:
Address:
Home Phone:
Type of Ownership: Fee __
Work Phone:
Contract for Deed Purchase Agreement
Legal Descript~o~n of Property (Attach a copY if there is not enough space on this sheet):
"17
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
a~_.~,e~cations will n~xbe[l~ocessed until deemed complete by the Planning Director or assignee.
Fee Owner's Si~amre D~e ~' -
THIS SPACE TO BE FILLED IN BY THE PLANNING DIRECTOR OR DESIGNEE
PLANNING COMMISSION APPROVED DENIED DATE OF HEARING
CITY COUNCIL APPROVED DENIED DATE OF HEARING
CONDITIONS:
Signature of Planning Director or Designee
Date
lu-app2.doc
City of Prior Lake
VARIANCE PROCEDURES
16200 Eagle Creek Avenue SE / Prior Lake, Minnesota 55372-1714 / Phone (612) 447-4230, Fax (612) 447-4245
OVERVIEW
When a person wishes to maintain/build/construct a structure in a way which does not comply with the
requirements of the City's Zoning Code, a variance is required. Specific requirements for property in each
Zoning Use District are contained in the Zoning Code. Section 1108.400 of the Code sets forth the
>rocedure and requirements for the review of variance requests. The Code is available for review or
~urchase fi:om the City's Planning Department.
PRE-APPLICATION PROCEDURES
Before making application for a variance, persons are advised to meet with a member of the planning staff to
discuss the following:
* Zoning requirements which apply to the property.
* The development or building plan for the property.
* The applicability of the Code specified criteria to the development or building plan.
* Alternatives to the proposed development.
* Variance procedures.
If a decision is made to proceed after the advisory meeting or meetings, a formal application is made.
APPLICATION PROCEDURES
In order to be considered, the application must be complete. A complete application is to be
submitted to the Zoning Administrator and consists of the following (additional items may be required in
individual cases):
A. Completed application form (including complete legal description and Property
Identification Number [PID, this can be obtained fi:om county property tax statement]).
B. Filing fee: $150.00 review fee. Fifty percent of this fee may be refunded if the
application is withdrawn prior to publication of the hearing notice.
C. Certificate of Survey for the property and adjacent properties showing the existing and
proposed development in relation to:
1. Property lines,
2. Ordinary High Water Mark (OHW), bluff line if applicable,
3. Topography (indicate drainage),
4. Structures (existing and proposed),
5. Easements,
D. Mailing labels of the names and addresses of property owners within 350 feet of the
exterior boundaries of the subject property. A copy of the half section map and PID's
indicating those properties listed (within 350 feet of exterior boundaries of the subject
property) is also required. The property owners list and map/PID's may be obtained
fi:om the County Auditor (496-8165) or from a certified abstract company.
E. A copy of deed restrictions or covenants on the property, if any exist.
F. The site development plan showing existing and proposed conditions including:
buildings, parking, loading, access, surface drainage, landscaping and utility service.
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VARIANCE REVIEW PROCEDURES:
Application: Within ten days of submission of the application, the applicant will receive formal, written
notice from the City whether the application is complete. Within 30 days of receipt of a complete
application, the Zoning Administrator will schedule a public hearing for review by the Board of Adjustment
(Planning Commission). The Board of Adjustment must approve or deny the application within 120 days
after a completed application was received.
Timing: Public hearings are scheduled for the Board of Adjustment on the 2nd and 4th Mondays of each
month. Complete applications must be submitted to the Zoning Administrator/Planning Department at least
thirty (30) days prior to the scheduled meeting to allow publication of hearing notice. The Planning
Department will publish notices in the Prior Lake American and notify the applicant and other, affected
property owners of the date and time the proposal will be heard by the Planning Commission.
Staff Report: The Zoning Administrator will prepare a staff report which:
1. Explains the request
2. Reviews the criteria for granting variances as contained in the Code (below); and
3. Provide a recommendation.
Hearing: A public hearing will be held by the Board of Adjustments (Planning Commission). The
Board will review the staff report and hear from the applicant. Public testimony on the request will also be
taken. The Board of Adjustments, after reviewing all of the information, will make a decision and may grant
a variance from the strict application of the provisions of the Code provided that:
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 or the
terms of this Code 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.
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.
3. The granting of the proposed Variance is necessary for the preservation and enjoyment of a substantial property
right of the owner.
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
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.
6. The granting of the proposed Variance will not be contrary to the intent of this Code and the Comprehensive
Plan.
7. The granting of a Variance will not merely serve as a convenience to the applicant but is necessary to alleviate a
demonstrable undue hardship or difficulty.
8. The hardship results from the application of the provisions of this Code to the affected property and does not
result from actions of the owners of the property.
9. Increased development or construction costs or economic hardship alone shall not be grounds for granting a
Variance.
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Applicants are invited to use the overhead projector provided, and the exhibits prepared by Staff.
Any additional exhibits submitted by the applicant (at the hearing or prior to the hearing) such as
photographs, petitions, etc. must be entered into the public record and submitted to the Planning Department
for the file.
Appeal: The decision of the Board of Adjustment may be appealed to the City Council by submitting a
letter to the City requesting an appeal within 5 working days oft_he Board of Adjustment heating. The
applicant, property owner or any affected owner or property within 350 feet of the site may appeal the
decision of the Board of Adjustment. The City Manager will then schedule the appeal on the next, available
City Council agenda.
Recording: If the variance or variances are approved, the applicant is responsible for recording a copy of the
certified resolution at the Scott County Recorder's Office. The certified copy of the resolution must be
stamped by the County Recorder as proof of recording and returned to the planning offices of the City of
Prior Lake before the issuance of a building permit for the project. The applicant must provide proof of
recording to the city and received a building permit within one (1) year fi:om the date of approval or the
variance becomes null and void.
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PLANNING REPORT
AGENDA ITEM:
SUBJECT:
SITE:
PRESENTER:
REVIEWED BY:
PUBLIC HEARING:
DATE:
4A
CONSIDER APPROVAL OF A RESOLUTION
APPROVING A VARIANCE TO THE REAR YARD
SETBACK, AND APPROVAL OF A RESOLUTION
DENYING VARIANCE TO THE REAR YARD
SETBACK, THE OHWM SETBACK, THE SUM OF SIDE
YARDS, AND THE SETBACK FOR A BUILDING WALL
OVER 50', FOR DENNIS & KAREN PERRIER, Case
File #02-068
16502 INGUADONA BEACH CIRCLE
STEVEN HORSMAN, ZONING ADMINISTRATOR
JANE KANSlER, PLANNING COORDINATOR
YES X NO
JULY 22, 2002
INTRODUCTION:
The Planning Commission held a public hearing on July 8, 2002, to consider a
variance application for the construction of a new single family dwelling with
attached garage on the property located at 16502 Inguadona Beach Circle. After
review of the applicant's request with respect to the variance hardship criteria,
the Planning Commission approved part of the applicants' request and denied
part of the request. Accordingly the Commission directed staff to draft
Resolution 02-008PC approving the following variance with conditions:
1 ) A 9-foot variance to permit a 16-foot structure setback from the rear lot line
rather than the minimum required 25-feet.
The following conditions are included in the Resolution and must be adhered to
prior to the issuance of a building permit for the proposed dwelling:
The resolution must be recorded at Scott County within 60 days of adoption,
and proof of recording along with the acknowledged City Assent Form shall
be submitted to the Planning Department prior to the issuance of a building
permit.
2. The applicant must submit a revised certificate of survey to depict the
approved variances and all conditions deemed appropriate by the
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Commission, along with the proposed finish grades with drainage and an
erosion control plan.
The applicant must submit an application for an Administrative Lot
Combination of Lots 17, 20, & P.O. 21 for approval by the City and create
one legally transferable document. This document must be recorded at the
Scott County Land Records Office prior to issuance of a building permit.
The total impervious surface area on the combined lots may not exceed 30%
of the total lot area. The applicant must submit a certificate of survey and
impervious surface calculation worksheet identifying the impervious surface
on the lot.
5. The building permit is subject to all other applicable city, county, and state
agency regulations.
The Planning Commission also directed staff to draft Resolution 02-009PC
denying the following requested variances:
A 21.7-foot variance to permit a 3.23-foot rear yard setback, rather than
the minimum required 25 feet [Ordinance Section 1102.405 Dimensional
Standards (4)].
A 12.5-foot variance to permit a structure setback of 50-feet from the
Ordinary High Water Elevation (OHWM), rather than the minimum
setback of 62.5-feet as required by setback averaging [City Code
Subsection 1104.308(2)].
A 0.7-foot variance to permit a combined sum of side yards of 14.31-feet,
rather than minimum of 15-feet as required for the sum of side yards on a
nonconforming lot [Ordinance Section 1101.502 Required Yards/Open
Space (8)].
A 2-foot variance to permit a building wall 74-feet in length to be setback
7-feet to a side lot line rather than the minimum required 9-feet for
building walls over 50-feet [Ordinance Section 1102.405 (6)].
RECOMMENDATION:
The two attached resolutions are consistent with the Planning Commission's
direction for approval of a variance for a structure setback to the rear lot line, and
for denial of the requested variances for a structure setback from the rear lot line,
setback to the OHVVM, sum of side yards, and setback for a building wall over
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50-feet long. The staff recommends adoption of Resolutions 02-008PC, and 02-
009PC.
It must also be noted that the applicants' have appealed the Planning
Commission's decision to the City Council. This appeal is scheduled for a public
hearing on August 5, 2002.
ALTERNATIVES:
Adopt attached Resolution # 02-008PC approving the rear setback variance
with five conditions that the Planning Commission deemed appropriate under
the circumstanCes, and adoption of Resolution #02-009PC denying the
requested variances for a structure setback to rear lot line, setback to the
OHWM, sum of side yards, and building wall over 50-feet.
2. Table or continue discussion of the item for specific purpose.
ACTION REQUIRED:
This action requires two motions:
A Motion and second adopting Resolution 02-008PC approving a 9-foot
variance to permit a 16-foot structure setback from the rear lot line with five
conditions; and;
A motion and second adopting Resolution 02-009PC denying the requested
variances for a 21.77-foot variance to permit 3.23-foot rear yard setback; a
12.5-foot variance to permit a 50-foot setback to the OHWM; a 0.7-foot
variance to permit a sum of side yards of 14.31-feet; and a 2-foot variance to
permit a building wall 74-feet in length to be setback 7-feet to a side lot line.
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PLANNING REPORT
AGENDA ITEM:
SUBJECT:
APPLICANT:
SITE:
PRESENTER:
REVIEWED BY:
PUBLIC HEARING:
DATE:
5A
CONSIDER VARIANCES TO ALLOW A STRUCTURE
SETBACK LESS THAN 75 FEET FROM THE
ORDINARY HIGH WATER MARK, A FRONT YARD
SETBACK LESS THAN REQUIRED FOR SETBACK
AVERAGING, A SUM OF SIDE YARDS LESS THAN 15
FEET, A REAR YARD SETBACK LESS THAN 25
FEET, AND A SIDE YARD SETBACK FOR A
BUILDING WALL GREATER THAN 50 FEET, Case file
#02-068PC
DENNIS & KAREN PERRIER
16502 INGUADONA BEACH CIRCLE
STEVEN HORSMAN, ZONING ADMINISTRATOR
JANE KANSlER, PLANNING COORDINATOR
X YES NO
JULY 8, 2002
INTRODUCTION:
The Planning Department received a variance application from Dennis & Karen
Perrier for the construction of a single-family dwelling and attached garage on
nonconforming platted lots of record located at 16502 Inguadona Beach Circle.
The applicant is requesting the following variances:
A 1.8-foot variance to permit a 25-foot structure setback to a front
property line, rather than 26.8-feet as required by setback averaging
[Ordinance Section 1102.405 Dimensional Standards (4)].
A 21.7-foot variance to permit a 3.23-foot rear yard setback, rather than
the minimum required 25 feet [Ordinance Section 1102.405 Dimensional
Standards (4)].
A 12.5-foot variance to permit a structure setback of 50-feet from the
Ordinary High Water Elevation (OHWM), rather than the minimum
setback of 62.5-feet as required by setback averaging [City Code
Subsection 1104.308(2)].
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
A 0.7-foot variance to permit a combined sum of side yards of 14.31-feet,
rather than minimum of 15-feet as required for the sum of side yards on a
nonconforming lot [Ordinance Section 1101.502 Required Yards/Open
Space (8)].
A 2-foot variance to permit a building wall 74-feet in length to be setback
7-feet to a side lot line rather than the minimum required 9-feet for
building walls over 50-feet [Ordinance Section 1102.405 (6)].
DISCUSSION:
Lots 17, 20, & 21, Inguadona Beach, were platted in 1924. The subject lots are
legal nonconforming platted lots of record. The property is located within the R-1
District (Low Density Residential) and Shoreland District (SD). The subject lot
has dimensions of 37.7' + 22.33' (front) by 112.51' (east) by 60.31' (rear) by
107.59' (west), for a total lot area of 6,400 square feet, including the recently
acquired 10'strip of the originally platted 20' easement adjoining the east side lot
line. The applicant also owns Lot 20, and part of 21, with a combined lot area of
5,804 square feet. These lots are located across the private street from the
proposed building site. According to Scott County records, the applicant does
not own any other adjoining properties (Attachment 1 - Certificate of Survey).
The applicant is proposing to demolish the existing structure and construct a new
larger dwelling in its place. The proposed building footprint is approximately 75'
deep by 40' wide for a total footprint of approximately 2,655 square feet,
including a 904 sq. ft. attached garage. The main level floor plan includes a
kitchen, ¼ bath, dining and family rooms, and main bedroom with a full bath.
The lower level includes a full bath, two bedrooms, family room, and wet-bar
area (Attachment 2 - Building Plans).
The proposed structure includes a front setback of 25' which requires a 1.8'
variance, because setback averaging requires a minimum 26.8' setback. The
proposed west building wall is 74' long. City Ordinance requires that two inches
per foot be added to the side yard setback for walls over 50' long (74' - 50' = 24'
x 2" = 48" or 4'). This requires a 2' variance to permit a 7' side yard setback as
proposed rather than the minimum required 9'. The combined side yards total
14.3', and requires a 0.7' variance, as the minimum sum of side yards allowed is
15' on nonconforming lots. A proposed setback of 50' from the OHWM rather
than a 62.5' setback as determined by averaging the existing structures east and
west of the subject lot.
The applicant submitted an impervious surface worksheet with a proposed 4,104
square feet of coverage area or 27% of the total area of the combined lots,
including the common area between the rear lot line and shoreline of Prior Lake.
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The proposal is less than the maximum allowable area of 30% or 4,546 square
feet. The applicant did not submit an existing impervious surface area for the
current conditions on the subject property. Staff inspected Lots 20, and 21, and
it appears a large portion of the area is covered in class 5 gravel that is
considered impervious and would exceed the allowable 30%. The applicant is
proposing to remove any gravel/class 5 area and will seed/sod this area to
become non-impervious. The City Code requires all front and side yards to be
sodded (Attachment 3 - Proposed Impervious surface Area).
The submitted survey depicts an existing non-compliant water oriented
accessory structure (boat house) located beyond the subject properties
boundaries and on the common shoreline property that is jointly owned by the
property owners of the Inguadona Beach subdivision. The structure is currently
used by the property owners of Lot 16, and lot 17, for the storage of water
oriented accessory equipment.
The City Engineering Department has determined the survey must be revised to
include 2' contours for drainage and grading purposes to be submitted with a
building permit application for review.
The Department of Natural Resources has responded to this variance request
and the comments are attached (Attachment 4 - DNR Comments).
Due to the depth of the lot, it appears some form of front yard setback variance
and some form of rear yard setback variance are necessary to allow a building
pad. However, the proposed dwelling can be redesigned to meet the side
setbacks and the setback from the Ordinary-High-Water-Mark (OHWM). Pulling
the house back to meet the OHWM setback will also reduce the variance
required to the rear yard setback.
VARIANCE HARDSHIP STANDARDS
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.
The subject property is a nonconforming lot of record and an existing
condition over which the applicant has no control. Some form of front and
rear yard setback variances will be 'required to build a reasonable single
family dwelling for this site. However, the applicant can control the design
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Page 3
and size of the proposed structure and eliminate the need for all variances as
requested, specifically #'s 2, 3, 4, & 5.
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.
Plats of this era (1924) crreated lots with smaller dimensions than are
required today, and are peculiar to the lot and adjoining properties of the
Inguadona Beach Subdivision. In addition, the substandard lot depth
precludes the ability to build a dwelling without some form of front and rear
yard setback variances. However, as requested, Variance #'s 2, 3, 4, & 5, do
not meet the hardship criteria because a redesign can reduce or eliminate
these variances.
3. The granting of the proposed Variance is necessary for the preservation
and enjoyment of a substantial property right of the owner.
Front and rear yard setback variances appear necessary for construction of a
dwelling of reasonable size and preserve a substantial property right of the
owner. However, as requested the setbacks to the OHWM, sum of side
yards, eave encroachment, and building wall, may be reduced or eliminated
with a revised building plan.
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 front and rear yard setback variances will not impair these
stated values. The granting of the requested Variance #'s 2, 3, 4, & 5
appears to impair these stated values but does not appear to endanger the
public safety or increase the danger of fire.
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 front and rear yard setback variances for a future dwelling
will not unreasonably impact the character of the neighborhood, or diminish
property values or impair health, safety and comfort of the area. However,
the granting of the requested Variance #'s 2, 3, 4, & 5 will unreasonably
impact the character and development of the neighborhood.
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6. The granting of the proposed Variance will not be contrary to the intent
of this Ordinance and the Comprehensive Plan.
Since this is a substandard platted lot of record, the granting of the front yard
setback as requested, and a reduced rear yard setback variance is not
contrary to the intent of the Ordinances or the Comprehensive plan. Variance
requests #'s 2 - 5, can be eliminated with a redesigned building plan and
therefore they are contrary to the intent of these Ordinances and the
Comprehensive Plan.
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.
A hardship exists with respect to the front and rear yard setback variances to
alleviate a demonstrable undue hardship or difficulty to build a single-family
dwelling. No hardship exists pertaining to variance request #'s 2 - 5, with
design modifications.
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.
A hardship results from the provisions of the Ordinance with regards to front
and rear yard setbacks for the construction of a single family dwelling
structure. However, the applicant can reduce the size of the proposed
building to eliminate the remaining variance requests.
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 variances.
In this case financial considerations are in addition to the other 8 hardship
criteria for a front and rear yard setback variances.
RECOMMENDATION:
The staff believes that all of the variance criteria have been met with respect to
the requested front yard setback variance #1, and some form of rear yard
setback variance, such as,a rear yard setback of 15.73-feet in order to meet the
minimum OHWM setback average of 62.5-feet. Due to the depth of the
substandard platted lot of record and the required front and OHWM setback
averaging, a legal alternative building site does not appear to exist on the lot to
allow for a single family dwelling of reasonable size for this use district.
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However, staff feels the proposed dwelling may be redesigned and reduced in
size to reduce or eliminate variance requests 2, 3, 4, & 5. Therefore, the
variance hardship criteria have not been met with respect to variance request #'s
2, 3, 4, & 5, as proposed by the applicant and staff recommends denial of these
requested variances.
Staff recommends the following conditions be included with approval of any
variances deemed appropriate by the Planning Commission:
The resolution as adopted by the Planning Commission shall be recorded at
Scott County within 60 days of adoption, and proof of recording along with
the acknowledged City Assent Form shall be submitted to the Planning
Department prior to the issuance of a building permit.
The applicant shall submit a revised certificate of survey to depict the
approved variances and all conditions deemed appropriate by the
Commission, along with the proposed finish grades with drainage and an
erosion control plan.
The applicant shall submit an application for a Lot Combination of Lots 17,
20, & P.O. 21, and create one legally transferable document (Deed), and
shall record said document at the Scott County Land Records Office.
The applicant/owner shall remove all existing impervious surface areas on
the combined lots to create a total impervious surface area equal to or less
than 30% of the total lots area.
5. The building permit is subject to all other applicable city, county, and state
agency regulations.
ALTERNATIVES:
Approve the variances requested by the applicant, or approve any variances
the Planning Commission deems appropriate in the circumstances, in this
case, the Planning Commission should direct staff to prepare a resolution
with findings approving the variance requests.
2. Table or continue discussion of the item for specific purpose.
3. Deny the application because the Planning Commission finds a lack of
demonstrated hardship under the zoning code criteria.
ACTION REQUIRED:
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The staff recommends alternative #1, approval of variance request # 1, and
approval of some modified form of variance request # 2. Staff also recommends
alternative # 3, denial of the requested variance #'s 2, 3, 4, & 5, for a lack of
demonstrated hardship under the zoning code criteria. This requires the following
two motions:
Motion and second adopting Resolution 02-008PC approving a variance
request to allow a 25' front yard setback rather than the minimum required
26.8' setback as required for setback averaging.
Motion and second adopting Resolution 02-009PC denying a 21.77-foot
variance request to permit 3.23-foot rear yard setback; a 12.5-foot
variance to permit a 50-foot setback to the OHWM; a 0.7-foot variance to
permit a sum of side yards of 14.31-feet; and a 2-foot variance to permit a
building wall 74-feet in length to be setback 7-feet to a side lot line.
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RESOLUTION 02-008PC
A RESOLUTION APPROVING A 1.8-FOOT VARIANCE TO PERMIT A 25-
FOOT FRONT SETBACK
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
Dennis & Karen Perrier (applicant/owner) have applied for variances fi.om the Zoning
Ordinance in order to permit the construction of a new single family dwelling on
property located in the R-1 (Low Density Residential) District and the SD (Shoreland
Overlay) District at the following location, 16502 Inguadona Beach Circle SW, and
legally described as follows;
Lots 17 and 20 and that part of 21, lying East of a line drawn from a point on the
South line of said Lot 21, 29.56 feet West of the Southeast comer thereof to a point
on the North line of said Lot 21, 40.4 feet West of the Northeast comer thereof, All in
INGUADONA BEACH on Prior Lake, according to the plat thereof on file and of
record in the Office of the Register Deeds, Scott County, Minnesota, together with
that part of the 20.00 foot driveway as shown on said plat of INGUADONA BEACH,
adjacent to said Lot 17, of said plat described as follows:
Beginning at the southwest comer of Lot 17, of said plat; thence South 01 degree 26
minutes 27 seconds East, assumed beating, along the southerly extension of the west
line of said Lot 17, a distance of 5.37 feet; thence South 57 degrees 51 minutes 36
seconds East a distance of 37.70 feet; thence South 89 degrees 18 minutes 13 seconds
East a distance of 22.33 feet; thence North 00 degrees 41 minutes 47 seconds East a
distance of 112.51 feet to the intersection with the easterly extension of the northerly
line of said Lot 17; thence North 75 degrees 14 minutes 06 seconds West a distance of
10.31 feet to the northeast comer of said Lot 17; thence southerly and westerly along
the easterly and southerly lines of said Lot 17, to the point of beginning.
2. The Board of Adjustment has reviewed the application for variances as contained in
Case #02-068PC and held hearings thereon on July 8, 2002.
o
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
l:\02files\02variances\02-068Xaprvres2.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
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, 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.
o
A legal building envelope does not exist on the nonconforming subject lot that
eliminates the need for the requested variance to a front yard setback. The structures
front yard setback is such that the hardship has not been created by the applicant.
There is justifiable hardship caused by the topography of the lot, and the required
front setback averaging, as reasonable use of the property does not exist without the
granting of the variance.
The granting of the variance to a front yard setback, as requested, 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 02-068PC 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 variances for a future single-family dwelling as shown in Attachment 1 -
Certificate of Survey;
1) A 1.8-foot variance to permit a 25-foot structure setback to a front property line,
rather than 26.8-feet as required by setback averaging.
Approval of this variance is subject to the following conditions:
The Resolutions adopted by the Planning Commission shall be recorded at Scott
County within 60 days of adoption, and proof of recording along with the
acknowledged City Assent Form shall be submitted to the Planning Department prior
to the issuance of a building permit.
°
The applicant shall submit a revised certificate of survey to depict the approved
variances and all conditions deemed appropriate by the Planning Commission, along
with the proposed finish grades with drainage and an erosion control plan.
l:\02files\02variances\02-068Xaprvres2.doc 2
o
The applicant shall submit an application for a Lot Combination of Lots 17, 20, &
that part of 21, and create one legally transferable document (Deed), and shall record
said document at the Scott County Land Records Office.
The applicant/owner shall remove all existing impervious surface areas on the
combined lots to create a total impervious surface area equal to or less than 30% of
the lots total area.
5. The building permit is subject to all other applicable city, county, and state agency
regulations.
Adopted by the Board of Adjustment on July 8, 2002.
ATTEST:
Anthony Stamson, Commission Chair
Donald R. Rye, Planning Director
l:\02files\02variances\02-068\aprvres2.doc 3
RESOLUTION 02-009PC
A RESOLUTION DENYING A 21.7-FOOT VARIANCE TO PERMIT A 3.23-
FOOT STRUCTURE SETBACK TO THE REAR LOT LINE; A 12.5-FOOT
VARIANCE TO PERMIT A SETBACK OF 50-FEET TO THE OHWM; A 0.7-
FOOT VARIANCE TO PERMIT A SUM OF SIDE YARDS OF 14.2-FEET; A 2-
FOOT VARIANCE FOR A 7-FOOT SIDE YARD SETBACK OF A BUILDING
WALL 74-FEET LONG
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
Dennis & Karen Perrier (applicant/owner) have applied for variances from the Zoning
Ordinance in order to permit the construction of a single family residence on property
located in the R-1 (Low Density Residential) District and the SD (Shoreland Overlay)
District at the following location, 16502 Inguadona Beach Circle SW, and legally
described as follows;
Lots 17 and 20 and that part of 21, lying East of a line drawn from a point on the
South line of said Lot 21, 29.56 feet West of the Southeast comer thereof to a point
on the North line of said Lot 21, 40.4 feet West of the Northeast comer thereof, All in
INGUADONA BEACH on Prior Lake, according to the plat thereof on file and of
record in the Office of the Register Deeds, Scott County, Minnesota, together with
that part of the 20.00 foot driveway as shown on said plat of 1NGUADONA BEACH,
adjacent to said Lot 17, of said plat described as follows:
Beginning at the southwest comer of Lot 17, of said plat; thence South 01 degree 26
minutes 27 seconds East, assumed bearing, along the southerly extension of the west
line of said Lot 17, a distance of 5.37 feet; thence South 57 degrees 51 minutes 36
seconds East a distance of 37.70 feet; thence South 89 degrees 18 minutes 13 seconds
East a distance of 22.33 feet; thence North 00 degrees 41 minutes 47 seconds East a
distance of 112.51 feet to the intersection with the easterly extension of the northerly
line of said Lot 17; thence North 75 degrees 14 minutes 06 seconds West a distance of
10.31 feet to the northeast comer of said Lot 17; thence southerly and westerly along
the easterly and southerly lines of said Lot 17, to the point of beginning.
2. The Board of Adjustment has reviewed the application for variances as contained in
Case #02-068PC and held heatings thereon on July 8, 2002.
l:\02files\02variances\02-068\dnyres.doc 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / l>h. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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, 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.
o
A legal building envelope exists on the subject lot that meets or reduces the requested
variances for setbacks to the Ordinary High Water Mark, side yard, and sum of side
yards. The applicant has control over the house design and shape, such that the
hardship has been created by the applicant. Reasonable use of the property exists
with a smaller building footprint.
o
There is no justifiable hardship caused by the required setbacks and impervious
surface coverage area as reasonable use of the property exists without the granting of
the variance.
o
The granting of the variance, as originally requested, is not necessary for the
preservation and enjoyment of a substantial property fight 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 structure
to be permitted with a reduced variance or none at all.
8. The contents of Planning Case 02-068PC 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 for a future garage and room additions to a single-family dwelling as
shown in attached Attachment 1 - Certificate of Survey;
1) A 21.77-foot variance to permit a 3.23-foot structure setback to the rear property
line, rather than the minimum required 25-feet.
2) A 12.5-foot variance to permit a structure setback of 50-feet from the Ordinary
High Water Mark, rather than minimum setback of 62.5-feet as required for
setback averaging.
l:\02files\02variances\02-068\dnyres.doc 2
BUll. DING PERMIT SURLY
PREPARED FOR:
DENNIS PERRIER
16502 INGUADONA BEACH
pRIOR LAKE MN. ,55372
PH. (952) 447-6012
FAX (651) 645-8318
VALLEY SURVEYING CO., P.A.
16670 FRANKMN ~RAIL SE. SUIT 230
PRIOR LAKE MN. 55572
PH. (952) 447-2570
FAX (952) 447--2571
ATTACHMENT I - CERTIFICATE OF SURVEY
I
CITY OF PRIOR LAKE
Impervious Surface Calculations
(To.be Submitted.with Building Permit Application)
For.Ail Properties Located in'the Shoreland Distn'ct (SD).
The YlaximUm Impervious Surface Coverage Permitted in 30 Percent.
.Qa~.eo~,e~ :~ . LENGTH WIDTH
,HOUSE x =
~ X --
^Vr^c~mD qAX~,OE
' X
SQ. FEET
DETAC~D BLDGS
(Garage/Shed)
TOT~ P~NCIPLE STRUCT~ ......................
EW^¥fPAVED A:P,.E'A S
(Driveway-paved or not)
(Sidewalk/Parking Area.s)
x ,=
X
',¢-.O~u Sk-ooe x =
TOTAL pAvED AREAS .... · .....................................
PA~OS~ORCHES~ECKS
(Open Dec~"A" min.'opening be~veen
boards, with a pervious surface below,
are not considered to be impervious)
OTHEK
TOTAL OTI'IER....~ ..................................................
'TOTAL'IMPERVIOUS SU~ACE
t, .q oq,: I
prepared By
Date
1
m
m
Phone
Steve Horsman
From:
Sent:
To:
Cc:
Subject:
Pat Lynch [pat.lynch@dnr.state.mn.us]
Tuesday, July 02, 2002 8:59 AM
Shorsman@cityofpriorlake.com
JKansier@cityofpriorlake.com
Perrier setback variances, 16502 Inguadona Beach Circle
I have been out to this property. My recommendation would be to slide
the house towards Inguadona Beach Circle 5 feet, modify the home design
to meet setback averaging (with Lots 16 and 18), and recommend removal
of the old boathouse as a condition of any variance approval. It
appears that if the house is pulled back slightly to the street and
setback averaging is utilized, the lake setback variance could be
eliminated. Sideyard could also be eliminated with slight redesign.
Was there a narrative describing the hardship included with the
application?
Pat Lynch
DNR South Metro Area Hydrologist
phone 651.772.7917
fax 651.772.7977
pat.lynch@dnr.state.mn.us
ATTACHMENT 4 - DNR COMMENTS
PLANNING DEPARTMENT
VARIANCE APPLICATION REVIEW CHECKLIST
I. OPEN FILE- Date Received:
~' Assign file number
~'~ Open and label file folder
[~' Create file directory under variances
II. CHECK APPLICATION FOR COMPLETENESS
-i
[~ Completed application, including the appropriate signatures
,J~ Filing Fee
J~' Necessary attachments (survey, house plans, contours, etc.)
/~ List and labels of property owners within 350' (verify map and
radius)
,[~ Written description of specific variances requested
,,~ Are all the requested variances included?
III. WITHIN 10 BUSINESS DAYS:
A. Incomplete application (l:\template\variance\incomplt.doc)
[~ Notify applicant by mail of incomplete application and list
necessary submittals in order to make application complete
B. Complete Application (l:\template\variance\complete.doc)
,/~ Notify applicant by mail that application is complete. Letter
includes:
~ Tentative meeting date, time and location
~ Applicant is expected to attend meeting
~' Extension of 60 day action date to 120 days
I:\deptwork\blankfrm\varcheck.doc
PLANNING DEPARTMENT
VARIANCE APPLICATION REVIEW CHECKLIST
IV. PREPARE REFERRALS (l:\template\variance\referral.doc)
Send referral notice of application to list of agencies and
lneP artments.
clude DNR if located in a Shoreland or Flood Plain District
Include County Highway Dept. if adjacent to a County Road
~lnclude other agencies as appropriate
V. PREPARE HEARING NOTICE FOR PUBLICATION
. (l:\template\variance\hearnote.doc)
J~ Notice includes:
~ Correct meeting date
~ Legal description of property
~ Property Address
~ Description of variance requests
[~ Send notice to Prior Lake American by 12:00 NOON on
Wednesday 3 weeks prior to meeting date
VI. PREPARE HEARING NOTICE FOR MAILING
(l:\template\variance\mailnote.doc) ~::~/'~[~ ,----(~ ~-~-
[~Notice includes:
~ Correct meeting date
~ Legal description of property
~ Property Address
,,~ ~ Description of variance requests
~/ Verify map and radius again!
[~ /Label or type envelopes
~ Mail notices at least 10 days before hearing date
PLANNING DEPARTMENT
VARIANCE APPLICATION REVIEW CHECKLIST
Notice must be mailed to:
I, Property Owner's List
~ Applicant
~ Property Owner (if other than applicant)
~ DNR (Shoreland or Flood Plain applications)
VII. PREPARE PLANNING REPORT
Report includes: (l:\template\variance\varrpt.doc)
A.
C~Relevant Facts (including any previous actions or variances)
ested Findings
~ Staff Recommendation (including any conditions)
~esolution for Planning Commission adoption ( see
I:\template\variance\appres.doc or I:\template\variance\denyres.doc)
[~ Location Map
~ Survey/Site Plan
oOpy of hearing notice and/or application
ther Exhibits
B. Submit report to supervisor by Tuesday before
hearing date
C. Mail a copy of the staff report and agenda to the
applicant (and to the property owner, if different than
the applicant)
~The cover letter should include the meeting date, time and
/ location, and the fact that the applicant is expected to be present.
VIII. FOLLOWING PLANNING COMMISSION DECISION r~J~.~//~,;.__ ~_~
p. If APPROVED: ~-j_~ ~_~ ~c__
repare Assent Form (l:\template\variance\assent.doc)
I:\deptwork~blankfrm\varcheck.doc 3
PLANNING DEPARTMENT
VARIANCE APPLICATION REVIEW CHECKLIST
[~Resolution signed by Planning Commission Chair / ~~.~
[~. ~Resolution signed by Planning D?ctor , ^
Si0ned ana certiTlea resolution ana assent form sent to app~icanl?
for recording (see h\template~variance\truecopy.doc for certification form)
Applicant returns recorded copy of resolution and assent form or
other proof of recording
B. If DENIED:
Resolution signed by Planning Commission Chair
Resolution signed by Planning Director
C. In SHORELAND or FLOOD PLAIN DISTRICT:
Send copy of resolution to DNR within 10 days of Planning
Commission decision
IX. CLOSE FILE
[~ Add header to file folder
[~ Signed and recorded copy of resolution
[~ Signed and recorded copy of assent form
[~ Planning Commission Minutes
[~ Enterin Property Management
h\deptwork~blankfrm\varcheck.doc 4
Resolution
and Minutes
L:\TEMPLATEXFILEINFO.DOC
PLANNING COMMISSION MINUTES
MONDAY, JULY 22, 2002
1. Call to Order:
Chairman Stamson called the July 22, 2002, Planning Commission meeting to order at
6:31 p.m. Those present were Commissioners Criego, Lernke, Ringstad and Stamson,
Community Development Director Don Rye, Planning Coordinator Jane Kansier and
Recording Secretary Connie Carlson.
2. Roll Call:
Atwood Absent
Criego Absent
Lemke Present
Ringstad Present
Stamson Present
3. Approval of Minutes:
The Minutes from the July 8, 2002, Planning Commission meeting were approved as
presented.
Commissioner Criego arrived at 6:33 p.m.
4. Consent:
A. Case #02-068 Dennis and Karen Perrier Variance Resolution
The Perders have appealed the Commissioner's findings and that matter will go before
the City Council on August 17, 2002.
MOTION BY LEMKE, SECOND BY RINGSTAD, ADOPTING RESOLUTION 02-
008PC APPROVING A 9 FOOT VARIANCE TO PERMIT A 16 FOOT STRUCTURE
SETBACK TO THE REAR LOT LINE.
Vote taken indicated ayes by all. MOTION CARRIED.
MOTION BY LEMKE, SECOND BY RINGSTAD, TO ADOPT RESOLUTION 02-
009PC DENYING A 21.7-FOOT VARIANCE TO PERMIT A 3.23-FOOT
STRUCTURE SETBACK TO THE REAR LOT LINE; A 12.5-FOOT VARIANCE TO
PERMIT A SETBACK OF 50-FEET TO THE OHWM; A 0.7-FOOT VARIANCE TO
PERMIT A SUM OF SIDE YARDS OF 14.2-FEET; A 2-FOOT VARIANCE FOR A 7-
FOOT SIDE YARD SETBACK OF A BUILDING WALL 74-FEET LONG.
Vote taken indicated ayes by all. MOTION CARRIED.
L:\02FILES\02planning comm\02pcminutesXlVlN072202(a).doc 1
PLANNING COMMISSION MINUTES
MONDAY, JULY 8, 2002
1. Call to Order:
Chairman Stamson called the July 8, 2002, Planning Commission meeting to order at
6:31 p.m. Those present were Commissioners Atwood, Criego, Lemke, Ringstad and
Stamson, Planning Coordinator Jane Kansier, Assistant City Engineer Larry Poppler,
Zoning Administrator Steve Horsman and Recording Secretary Connie Carlson.
2. Roll Call:
Atwood Present
Criego Present
Lemke Present
Ringstad Present
Stamson Present
3. Approval of Minutes:
The Minutes from the June 24, 2002, Planning Commission meeting were approved as
presented.
4. Consent:
5. Public Hearings:
Commissioner Stamson read the Public Hearing Statement and opened the meeting.
A. Case #02-068 Dennis & Karen Perrier are requesting variances for front,
side, sum of side yard and rear setbacks for the construction of a new single family
dwelling on the property located at 16502 Inguadona Beach Circle.
Zoning Administrator Steve Horsman presented the Planning Report dated July 8, 2002,
on file in the office of the City Planning Department.
The Planning Department received a variance application from Dennis & Karen Perrier
for the construction of a single-family dwelling and attached garage on nonconforming
platted lots of record located at 16502 Inguadona Beach Circle. After a revision on the
survey, the applicant is eliminating variance #1, a 1.8 foot variance to permit a 25 foot
structure setback to the front property line:
1. A 1.8-foot variance to permit a 25-foot structure setback to a front property line,
rather than 26.8-feet as required by setback averaging.
2. A 21.7-foot variance to permit a 3.23-foot rear yard setback, rather than the
minimum required 25 feet.
L:\02FILES\02planning comm\02pcminuteshMN0708022.doc
Planning Commission Meeting
.~uly s, 2oo2
3. A 12.5-foot variance to permit a structure setback of 50-feet from the Ordinary
High Water Elevation (OHWM), rather than the minimum setback of 62.5-feet
as required by setback averaging.
4. A 0.7-foot variance to permit a combined sum of side yards of 14.31-feet, rather
than minimum of 15-feet as required for the sum of side yards on a
nonconforming lot.
5. A 2-foot variance to permit a building wall 74-feet in length to be setback 7-feet
to a side lot line rather than the minimum required 9-feet for building walls over
50-feet.
The Staff felt the proposed dwelling may be redesigned and reduced in size to reduce or
eliminate variance requests 2, 3, 4, & 5. Therefore, the variance hardship criteria have
not been met with respect to variance requests #'s 2, 3, 4, & 5, as proposed by the
applicant and staff recommended denial of the requested variances.
Staff recommended the following conditions be included with approval of any variances
deemed appropriate by the Planning Commission:
1. The resolution as adopted by the Planning Commission shall be recorded at Scott
County within 60 days of adoption, and proof of recording along with the
acknowledged City Assent Form shall be submitted to the Planning Department prior
to the issuance of a building permit.
2. The applicant shall submit a revised certificate of survey to depict the approved
variances and all conditions deemed appropriate by the Commission, along with the
proposed finish grades with drainage and an erosion control plan.
3. The applicant shall submit an application for a Lot Combination of Lots 17, 20, &
P.O. 21, and create one legally transferable document (Deed), and shall record said
document at the Scott County Land Records Office.
4. The applicant/owner shall remove all existing impervious surface areas on the
combined lots to create a total impervious surface area equal to or less than 30% of
the total lots area.
5. The building permit is subject to all other applicable city, county, and state agency
regulations.
Ringstad questioned if the proposed house would fit anywhere else on the property?
Horsman responded there would have to be another side yard variance and went on to
explain the rear yard setback averaging.
Criego questioned if the existing garage would stay on Lots 20 and 21 ? And does the
impervious surface include the garage? Horsman said the impervious surface was
calculated with the boathouse, garage and common property. The applicant meets the
impervious surface requirements.
Comments from the public:
L:\02FILES\02planning comm\02pcminutes~MN0708022.doc 2
Planning Commission Meeting
July 8. 2002
Applicant Dennis Perrier, 16502 Inguadona Beach, explained they are trying to improve
the neighborhood and have worked with the City for almost 4 years. The house is over
the property line and will have to be demolished and start over. They have lived in the
home 29 years and plan on retiring here. He realizes it is a non-conforming lot and
pointed out they are under the impervious surface requirement. Perrier said they could
eliminate 2 variances if he reduces the home by 2 feet and would only need the rear yard
variance. They have expanded their property to the east and south. Another point is that
part of Inguadona Beach Road was always on his property. Back when it was a gravel
road people could not make it up the actual road in the winter, so when the road was
paved Perriers deeded a portion of their property and traded a portion of the common area
to the north. They are very limited with the lot size and are proposing a rambler so it
would fit into the neighborhood.
Lernke questioned the ramifications of losing 2 feet on the home. Perrier felt it was
necessary for aesthetics and it is still a small house. He also pointed out numerous
variances given to neighboring homes.
Criego questioned Perrier if he would consider a larger home with 2 stories. Perrier
responded they considered it and went on to explain the huge new obstructing 2-story
homes on the lake. The rambler fits into the neighborhood.
Gene Tremaine, 16500 Inguadona Beach, said the Perriers are really trying to meet the
requirements. Tremaine explained he was forced to put in a huge 2-story, but looks like a
3-story from the lake. It would be nice to have a rambler in the neighborhood. It gives
some distance between the lots. Tremaine said the neighborhood has been trying to
improve their homes and are supportive of the Pen'iers' request.
Comments from the Commissioners:
Atwood:
· Appreciated the applicants' willingness to be flexible and sensitivity to the
neighborhood. A rambler would have more appeal to his neighbors.
· Supported staff's findings with the 2 foot side yard and there is a willingness on
the part of the applicant.
Ringstad:
· Agreed with staff's findings. Support a variance for a rear yard setback.
However, it may be necessary to move the 2 feet and remove the other variances.
Criego:
· If the Commission agrees with staff then the applicant is reducing the length of
the home by 12.5 feet.
· The average width ora lot is 50 feet. This one is 55 feet and historically has
stayed with the total 15 feet distance between properties.
· Agreed with staff, a very nice home can be managed with only one variance and
that is with a rear yard setback variance.
L:\02FILES\02planning comm\02pcrainutcshMN0708022.doc 3
Planning Commission Meeting
July 8, 2002
· Understand reducing the length of the home is a burden on the applicant. But to
have a home 40 by 75 feet long on a substandard lot is pretty unusual. Have
never seen that before.
· Questioned if the eaves were included with the setbacks. Horsman responded the
applicant is proposing 2 foot eaves. He should not have a problem. There is no
encroachment. There may be a problem in the stoop area as proposed.
Lemke: · Most of the house is 32 feet wide. The widest part of the home is 40 feet. It is a
modest size - 1,800 foot square house.
· Lemke questioned the rear yard setback. Horsman explained the setback
averaging would be under the 9.2 foot variance. The proposed setback is 50 feet.
· This is making the house much smaller with the 2 foot reduction.
· Only needs to eliminate small variances.
· On non-standard lots - 50 feet has been the guideline. It is a reasonable use of the
property.
Stamson:
· Concurred with the majority of the Commissioners and staff. The hardship
criteria have been met but a reasonable correction to eliminate the hardship would
be to draw the house back to the averaging from the OHWM.
· Explained lake creep. This is a classic example. This home is drastically closer
to the lake than the adjoining properties.
· The applicant could easily build a two-story. A small foundation size does not
mean a small house.
· The applicant does not want to have a 2-story. He has a small lot, there are some
tradeoffs. The Commission is not eliminating his ability to build a reasonable size
house.
· Agreed with staff- it is reasonable.
Open Discussion:
Lemke:
· The neighboring homes are not going to be demolished soon. As proposed the
applicant is actually moving the structure away from the lake.
· Understood lake creep, but has a hard time when the applicant is moving the
structure back from the lake.
Stamson:
· The reality is the house can be pushed back. It is a replacement home.
Criego:
· Agreed with Stamson there are other ways to scale down. The fact of the matter
is that it is a small piece of property. This house will be further towards the lake
L:\02FILES\02planning comm\02pcminuteshMN0708022.doc 4
Planning Commission Meeting
July 8, 2002
than the neighboring properties. A precedence should not be set. It is a violation
of neighbor's rights.
Agreed with staff's position and conditions.
Approve the rear yard setback.
MOTION BY CRIEGO, SECOND BY ATWOOD, DIRECTING STAFF TO PREPARE
A RESOLUTION DENYING VARIANCE REQUEST, 1, 3, 4 AND 5 AND
MODIFYING REQUEST 2 TO APPROVE A 9 FOOT VARIANCE TO PERMIT A
REAR YARD SETBACK OF 16 FEET INCLUDING STAFF'S 5
RECOMMENDATIONS IN THE STAFF REPORT.
Vote taken indicated ayes by Criego, Atwood, Ringstad and Stamson. Nay by Lemke.
MOTION CARRIED.
Horsman explained the appeal process.
B. Case #02-075 Bernard Carlson is requesting a variance to the required rear
yard setback to allow the construction of an addition to Carlson Hardware Store
located at 16281 Main Avenue SE
Zoning Administrator Steve Horsman presented the Planning Report dated July 8, 2002,
on file in the office of the Planning Department.
The Planning Department received a variance application from Mr. Bernard Carlson
(applicant/owner) to allow the construction of an addition to an existing commercial
building on the property located at 16281 Main Avenue. The proposed addition will be
attached to the side of the existing building and extend to the rear lot line. The request is
for a 1 O-foot variance to permit a O-foot structure setback from a rear property line rather
than the minimum required 10-feet.
The City Building Department noted the applicant must provide soils and structural
engineers' plans on the method of protecting the adjacent buildings. The City
Engineering Department commented the existing manhole is under the concrete of the
loading dock, and a new manhole outside of building slab envelope must be built. In
addition, the line from the new manhole to the existing becomes a private service.
Integra Telecom noted existing telephone lines that service building will need to be
relocated.
The Planning staff has determined the variance request for the rear yard setback does not
meet the nine hardship criteria, since it is a business decision to expand the existing
building due to economic growth and the need for additional space for storage and
display of materials. The applicant can redesign the addition to meet the required 10'
setback with a comparable yet smaller addition. The staff therefore recommended denial
of the requested variance.
L:\02FILES\02planning comm\02pcminutes~MN0708022.doc
RESOLUTION 02-008PC
A RESOLUTION APPROVING A 9-FOOT VARIANCE TO PERMIT A 16-FOOT
STRUCTURE SETBACK TO THE REAR LOT LINE
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
Dennis & Karen Perrier (applicant/owner) have applied for variances from the Zoning
Ordinance in order to permit the construction of a new single family dwelling on
property located in the R-1 (Low Density Residential) District and the SD (Shoreland
Overlay) District at the following location, 16502 Inguadona Beach Circle SW, and
legally described as follows;
Lots 17 and 20 and that part of 21, lying East of a line drawn from a point on the
South line of said Lot 21, 29.56 feet West of the Southeast comer thereof to a point
on the North line of said Lot 21, 40.4 feet West of the Northeast comer thereof. All in
INGUADONA BEACH on Prior Lake, according to the plat thereof on file and of
record in the Office of the Register Deeds, Scott County, Minnesota, together with
that part of the 20.00 foot driveway as shown on said plat of INGUADONA BEACH,
adjacent to said Lot 17, of said plat described as follows:
Beginning at the southwest comer of Lot 17, of said plat; thence South 01 degree 26
minutes 27 seconds East, assumed bearing, along the southerly extension of the west
line of said Lot 17, a distance of 5.37 feet; thence South 57 degrees 51 minutes 36
seconds East a distance of 37.70 feet; thence South 89 degrees 18 minutes 13 seconds
East a distance of 22.33 feet; thence North 00 degrees 41 minutes 47 seconds East a
distance of 112.51 feet to the intersection with the easterly extension of the northerly
line of said Lot 17; thence North 75 degrees 14 minutes 06 seconds West a distance of
10.31 feet to the northeast comer of said Lot 17; thence southerly and westerly along
the easterly and southerly lines of said Lot 17, to the point of beginning.
2. The Board of Adjustment has reviewed the application for variances as contained in
Case #02-068PC and held a hearing on July 8, 2002.
o
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
1
l:\02files\02variances\02-068\aprvres.doc 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Pr. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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, the
proposed variance to a rear yard setback 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.
o
A legal building envelope does not exist on the nonconforming subject lot that
eliminates the need for the a variance to a rear yard setback. The proposed structure's
rear yard setback is such that the hardship has not been created by the applicant.
o
There is justifiable hardship caused by the topography of the lot, and the required
setback averaging, as reasonable use of the property does not exist without the
granting of the variance.
o
The granting of the variance to a rear yard setback, 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 02-068PC 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 a future single-family dwelling as shown in Attachment 1 -
Revised Certificate of Survey;
1) A 9-foot variance to permit a 16-foot structure setback to a rear property line,
rather than the minimum 25-feet as required by the zoning ordinance.
Approval of this variance is subject to the following conditions:
The resolution must be recorded at Scott County within 60 days of adoption, and
proof of recording along with the acknowledged City Assent Form shall be submitted
to the Planning Department prior to the issuance of a building permit.
The applicant must submit a revised certificate of survey to depict the approved
variances and all conditions deemed appropriate by the Commission, along with the
proposed finish grades with drainage and an erosion control plan.
l:\02files\02variances\02-068Xaprvres.doc 2
o
The applicant must submit an application for an Administrative Lot Combination of
Lots 17, 20, & P.O. 21 for approval by the City and create one legally transferable
document. This document must be recorded at the Scott County Land Records Office
prior to issuance of a building permit.
The total impervious surface area on the combined lots may not exceed 30% of the
total lot area. The applicant must submit a certificate of survey and impervious
surface calculation worksheet identifying the impervious surface on the lot.
5. The building permit is subject to all other applicable city, county, and state agency
regulations.
Adopted by the Board of Adjustment on July 22, 2002.
Anthony Stamson, Commission Chair
ATTEST:
Donald R. Rye, Plannin~/Di~ec~r
l:\02files\02variances\02-068\aprvres.doc 3
RESOLUTION 02-009PC
A RESOLUTION DENYING A 21.7-FOOT VARIANCE TO PERMIT A 3.23-
FOOT STRUCTURE SETBACK TO THE REAR LOT LINE; A 12.5-FOOT
VARIANCE TO PERMIT A SETBACK OF 50-FEET TO THE OHWM; A 0.7-
FOOT VARIANCE TO PERMIT A SUM OF SIDE YARDS OF 14.2-FEET; A 2-
FOOT VARIANCE FOR A 7-FOOT SIDE YARD SETBACK OF A BUILDING
WALL 74-FEET LONG
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
Dennis & Karen Perrier (applicant/owner) have applied for variances from the Zoning
Ordinance in order to permit the construction of a single family residence on property
located in the R-1 (Low Density Residential) District and the SD (Shoreland Overlay)
District at the following location, 16502 Inguadona Beach Circle SW, and legally
described as follows;
Lots 17 and 20 and that part of 21, lying East of a line drawn from a point on the
South line of said Lot 21, 29.56 feet West of the Southeast comer thereof to a point
on the North line of said Lot 21, 40.4 feet West of the Northeast comer thereof, All in
INGUADONA BEACH on Prior Lake, according to the plat thereof on file and of
record in the Office of the Register Deeds, Scott County, Minnesota, together with
that part of the 20.00 foot driveway as shown on said plat of INGUADONA BEACH,
adjacent to said Lot 17, of said plat described as follows:
Beginning at the southwest comer of Lot 17, of said plat; thence South 01 degree 26
minutes 27 seconds East, assumed bearing, along the southerly extension of the west
line of said Lot 17, a distance of 5.37 feet; thence South 57 degrees 51 minutes 36
seconds East a distance of 37.70 feet; thence South 89 degrees 18 minutes 13 seconds
East a distance of 22.33 feet; thence North 00 degrees 41 minutes 47 seconds East a
distance of 112.51 feet to the intersection with the easterly extension of the northerly
line of said Lot 17; thence North 75 degrees 14 minutes 06 seconds West a distance of
10.31 feet to the northeast comer of said Lot 17; thence southerly and westerly along
the easterly and southerly lines of said Lot 17, to the point of beginning.
2. The Board of Adjustment has reviewed the application for variances as contained in
Case #02-068PC and held hearings thereon on July 8, 2002.
l:\02files\02variances\02-068\dnyres.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
o
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, 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.
o
A legal building envelope exists on the subject lot that meets or reduces the requested
variances for a structure setback to the rear lot line, Ordinary High Water Mark
setback, side yard, and sum of side yards. The applicant has control over the house
design and shape, such that the hardship has been created by the applicant.
Reasonable use of the property exists with a smaller building footprint.
o
There is no justifiable hardship caused by the required setbacks and impervious
surface coverage area as reasonable use of the property exists without the granting of
the variance.
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 structure
to be permitted with a reduced variance or none at all.
8. The contents of Planning Case 02-068PC 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 for a future single-family dwelling as shown in Attachment 1 -
Certificate of Survey;
1) A 21.77-foot variance to permit a 3.23-foot structure setback to the rear property
line, rather than the minimum required 25-feet.
2) A 12.5-foot variance to permit a structure setback of 50-feet from the Ordinary
High Water Mark, rather than minimum setback of 62.5-feet as required for
setback averaging.
l:\02files\02variances\02-068\dnyres.doc 2
3) A 0.7-foot variance to permit a sum of side yards of 14.3-feet rather than the
minimum required 15-feet on a nonconforming lot.
4)
A 2-foot variance to permit a building wall 74-feet in length to be setback 7-feet
to a side lot line rather than the minimum required 9-feet for building walls over
50-feet.
Adopted by the Board of Adjustment on July 22, 2002.
Antl~ny ~am~, Commission Chair
ATTEST:
Donald R. Rye, Plannin~)~i~e~r' -~
l:\02files\02variances\02-068\dnyres.doc 3
ASSENT OF APPLICANT
As Approved by Resolution # 02-008PC
The undersigned hereby assents to the following:
1. 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:WEMPLATE\VARIANCE'~ASSENT.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
(2) /grn;n~.t ao.~.~.~_ ,. a ~ ha,~e been initiated to t~e all or ~y
part of the premises described in ~e Variance_
(3) The use described ~ ~e V~i~ce becomes ~ illegal activi~ under
· e laws of ~e Unit~ States of America or ~e State of Mi~esota.
(4) Title to all or p~ of land described in such V~iance is forfeited to
the State of Mi~esota for nonpayment of taxes.
(5) The person to whom the V~i~ce was issued files a written statemem
in which ~at person states that the Variance has been ab~doned.
The smtemem shall describe the l~d involved or state the resolution
number under which ~e Vari~ce was grained.
(6) The premises for which ~e V~iance was issued ~e used by the
person to whom ~e V~iance was issued in a m~er inconsistem
wi~ ~e provisions of such V~i~ce.
I understand the granting by the City of this Resolution is in reliance on the
representations that ! 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
SIGNATURE OF APPLICANT
SIGNATURE OF OWNER
ADDRESS OF PROPERTY
L:~TEMPLATE\VARIANCE~ASSENT.DOC 2
ASSENT OF APPLICANT
As Approved by Resolution # 02-009PC
The undersigned hereby assents to the following:
1. 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:\02FILES\02variances\02-068~ASSENT02-09.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
(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
SIGNATURE OF APPLICANT
SIGNATURE OF OWNER
ADDRESS OF PROPERTY
L:\02FILES\02variances\02-068Ls~SSENT02-09.DOC 2
E~o
NOTICE OF HEARING TO CONSIDER THE FOLLOWING:
VARIANCES TO REQUIRED THE FRONT YARD, SIDE YARD, SUM OF
SIDE YARD AND REAR SETBACKS
FOR THE CONSTRUCTION OF A NEW SINGLE FAMILY DWELLING ON
PROPERTY LOCATED IN THE R-1 (LOW DENSITY RESIDENTIAL) DISTRICT
AND THE SD (SHORELINE OVERLAY) DISTRICT IDENTIFIED AS 16502
INGUADONA BEACH CIRCLE.
You are hereby notified that the Prior Lake Planning Commission will hold a public
heating at Prior Lake Fire Station #1, located at 16776 Fish Point Road SE (Southwest of
the intersection of C.R. 21 and Fish Point Road), on Monday, July 8, 2002 at 6:30 p.m.
or as soon thereafter as possible.
APPLICANT:
Dennis and Karen Perrier
16502 Inguadona Beach Circle
Prior Lake, MN 55372
SUBJECT SITE: 16502 Inguadona Beach Circle, legally described as follows:
Lots 17 and 20 and that part of 21, lying East of a line drawn from
a point on the South line of said Lot 21, 29.56 feet West of the
Southeast comer thereof to a point on the North line of said Lot 21,
40.4 feet West of the Northeast comer thereof, All in
INGUADONA BEACH on Prior Lake, according to the plat
thereof on file and of record in the Office of the Register Deeds,
Scott County, Minnesota, together with that part of the 20.00 foot
driveway as shown on said plat of INGUADONA BEACH,
adjacent to said Lot 17, of said plat described as follows:
Beginning at the southwest comer of Lot 17, of said plat; thence
South 01 degree 26 minutes 27 seconds East, assumed bearing,
along the southerly extension of the west line of said Lot 17, a
distance of 5.37 feet; thence South 57 degrees 51 minutes 36
seconds East a distance of 37.70 feet; thence South 89 degrees 18
minutes 13 seconds East a distance of 22.33 feet; thence North 00
degrees 41 minutes 47 seconds East a distance of 112.51 feet to the
intersection with the easterly extension of the northerly line of said
Lot 17; thence North 75 degrees 14 minutes 06 seconds West a
distance of 10.31 feet to the northeast comer of said Lot 17; thence
L:\02FILES\02variances\02-068\02-068 pn. DOC ]
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 44?-4230 / Fax (952) 447-4245
AN EOUAL OPPORTUNITY EMPLOYER
southerly and westerly along the easterly and southerly lines of
said Lot 17, to the point of beginning.
REQUEST:
The applicant is proposing to construct a single-family house with
attached garage on the existing lot. The proposed house is
encroaching on the required front yard, side yard, sum of side yard
and rear yard setbacks.
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 447-4230
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 above-listed criteria.
Prepared this 18th day of June, 2002.
Jane Kansier
City of Prior Lake
To be published in the Prior Lake American on June 22, 2002.
L:\02FILES\02variances\02-068\02-068 pn.DOC 2
OF A PUBLIC HEARING TO CONSIDER THE FOLLOWING:
AN APPEAL TO THE DECISION OF THE PLANNING COMMISSION
TO DENY THE REQUESTED VARIANCES TO REAR YARD SETBACK,
OHWM SETBACK, SUM OF SIDE YARDS, AND SETBACK FOR A
BUILDING WALL OVER 50 FEET LONG, FOR THE CONSTRUCTION
OF A FUTURE SINGLE FAMILY DWELLING ON PROPERTY
LOCATED IN THE R-1 (LOW DENSITY RESIDENTIAL) DISTRICT
AND THE SD (SHORELINE OVERLAY) DISTRICT IDENTIFIED AS
16502 INGUADONA BEACH CIRCLE.
You are hereby notified that the Prior Lake City Council will hold a public hearing at
Prior Lake Fire Station #1, located at 16776 Fish Point Road SE (Southwest of the
intersection of C.R. 21 and Fish Point Road), on: Monday, August 5, 2002 at 7:30 p.m.
or as soon thereafter as possible.
APPELLANTS:
Dennis & Karen Perrier
16502 Inguadona Beach Circle
Prior Lake, MN 55372
SUBJECT SITE: 16502 Inguadona Beach Circle, legally described as Follows:
Lots 17 and 20 and that part of 21, lying East of a line drawn from
a point on the South line of said Lot 21, 29.56 feet West of the
Southeast comer thereof to a point on the North line of said Lot 21,
40.4 feet West of the Northeast comer thereof, All in
INGUADONA BEACH on Prior Lake, according to the plat
thereof on file and of record in the Office of the Register Deeds,
Scott County, Minnesota, together with that part of the 20.00 foot
driveway as shown on said plat of INGUADONA BEACH,
adjacent to said Lot 17, of said plat described as follows:
Beginning at the southwest comer of Lot 17, of said plat; thence
South 01 degree 26 minutes 27 seconds East, assumed beating,
along the southerly extension of the west line of said Lot 17, a
distance of 5.37 feet; thence South 57 degrees 51 minutes 36
seconds East a distance of 37.70 feet; thence South 89 degrees 18
minutes 13 seconds East a distance of 22.33 feet; thence North 00
degrees 41 minutes 47 seconds East a distance of 112.51 feet to the
intersection with the easterly extension of the northerly line of said
Lot 17; thence North 75 degrees 14 minutes 06 seconds West a
distance of 10.31 feet to the northeast comer of said Lot 17; thence
L:\O2FILES\O2appeal\perrier appeal\publish note. DOC l
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
southerly and westerly along the easterly and southerly lines of
said Lot 17, to the point of beginning.
REQUEST:
The appellants are appealing the decision of the Planning
Commission to deny their requested variances to the rear yard
setback, OHWM setback, sum of side yards, setback for building
walls over 50 feet long, to allow the construction of a single-family
home with attached garage on the vacant lot located at 16502
Inguadona Beach Circle.
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 952-447-
4230 between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. The City
Council 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 hardship criteria.
Prepared this 16th day of July, 2002.
Steve Horsman
City of Prior Lake
To be published in the Prior Lake American on July 20, 2002.
L:\02FILES\02appeal\perrier appeal\publish note. DOC 2
Steve Horsman
To:
Subject:
publish note. DOC
legal@swpub.com
Public notice to be published in Prior Lake American on 7/20/02
May l0,2002
Dennis & Karen Perrier
16502 Inguadona Beach Circle
Prior Lake, MN 55372
RE: Review For Variance Application Completeness
Dear Mr. & Ms. Perrier:
The Planning Department received a variance application for construction of a single
family dwelling with attached garage on your property at 16502 Inguadona Beach Circle.
The following information is necessary to process your application:
1. Updated abstract title company certified list of property owners within 350 feet of
your property.
2. Depict the following on certificate of survey: a) the lowest floor elevation including
basement or crawl spaces; b) garage floor elevation and curb elevation at driveway for
driveway slope; c) submit 10 full size copies of survey, and 1 reduction size 1 l"x 17".
3. Proposed building plans with exterior elevations.
4. Applicant narration describing requested variances and hardship.
5. Include all impervious surface areas on the subject lots including hard surface or class
5 driveways and parking areas.
Once we have received the above information, we will process your application and
schedule this item for a public heating. If you have any questions, please phone me at
447-9854.
Thank you for your cooperation in this matter.
Sinc~ely, t
Steve norsman
Zoning Administrator/Inspector
L:\02FILES\02variances\02-064XINCOMPLT.DOC
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
June 18, 2002
Dennis & Karen Perrier
16502 Inguadona Beach Circle
Prior Lake, MN 55372
RE: City of Prior Lake Review for Variance Application Completeness
Dear Mr. and Ms. Perrier:
On June 18, 2002, the City of Prior Lake 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, you are tentatively
scheduled for the July 8, 2002, Planning Commission meeting. I will notify you of any
changes to that date.
The City review process can be substantially less than 120 days, and we intend to move
this matter through the process in a timely manner that provides a complete,
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
August 18, 2002 to October 18, 2002.
If you have questions relative to the review process or related issues, please contact me
directly at 952-447-4230.
Sincerely, _
a~~ne Kansier, AICP
Planning Coordinator
cc: DRC Members
1:\02files\O2variances\O2-O69\complete.doc Page 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Jane Kansier
From:
Sent:
To:
Subject:
Jane Kansier
Tuesday, June 18, 2002 '11:25 AM
Legal Dept. Prior Lake American (E-mail)
Hearing Notices
Please publish the attached hearing notices in the Prior Lake American on Saturday, June 22, 2002.
questions, please contact me at 952-447-9810.
Jane Kansier, Planning Coordinator
City of Prior Lake
02-072 pn.doc 02-068 pn. DOC 02.076 pn. DOC 02-075 pn. DOC
If you have any
APPLICANT NARRATIVE
July 2, 2002
VAR # 02-068
Prior Lake Planning Commission
16200 Eagle Creek Avenue S.E.
Prior Lake, Minnesota 55372-1714
Dear Planning Commissioners:
My husband Dennis and I have lived at 16502 Inguadona Beach Circle for the past 29
years. We have raised four sons and have been active in this community. Over these
many years we have planned to build a new home on our existing property and now are
ready to realize this dream with your help. Over the past several years, Dennis has
worked with the Planning Department to try and match our plans within the guidelines of
the city. Because of the small (sub-standard) lot and cabin that we purchased and lived
in, and with all the changes in regulations over the years, we need to ask for several
variances from the building codes of Prior Lake. Listed below are the four variances we
are asking for relief on.
1)
Front Yard Variance: The lot that we live on is only 112 feet deep. Even if we
count the association property, the current 75-foot restriction covers almost half
the entire depth of lot. Our plans show that we have moved the current cabin
back from the lake just to get outside the old 50-foot requirement.
2)
Rear Yard Variance: The hardship with this is again the small lot that we are
working with. We feel that the current plan will match our neighborhood and
provide as much distance from the road as possible.
3)
Side Yard Variance: The hardship with this is the shape of the property in
relation to elevation and our landscaping plans. We feel that by locating the home
per the plans, saves what trees are left and enhances the look of the neighborhood.
4)
Sum of Side Yard Variance: This is combined with variance #3. We have
worked on these plans for a long time and have tried to do what's best for our
neighbors, community, and us.
In conclusion: we are trying to build a home that is appropriate for the neighborhood,
city, and our family. By including our other one and a half lots and the additional 10 feet
that we purchased from the association with this sub-standard lot, we hope that you will
grant us these variances and allow Dennis and myself to build a new home and continue
living in this community and neighb0rhoo~t our family has shared for so long.
Karen and Dennis Perrier
July 3, 2002
Dennis and Karen Perrier
16502 Inguadona Beach Cir
Prior Lake, MN 55372
RE: Agenda and Agenda Report
Attached is a Planning Commission Agenda and Staff Report for the July 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 Car[son
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) 44%4245
AN EQUAL OPPORTUNITY EMPLOYER
July 24, 2002
Anthony J. Stamson
Planning Commission Chair
16095 Wren Court SE
Prior Lake, MN 55372
Dear Mr. Stamson:
Enclosed are Variance Resolutions 02-008PC, 02-009PC, 02-010PC, and 02-011PC, as
adopted by the Planning Commission. Please review and sign the enclosed Resolutions
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 Administrator/Inspector
16200 E°aC~T~reek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Steve Horsman
From:
Sent:
To:
Cc:
Subject:
Pat Lynch [pat.lynch@dnr.state.mn.us]
Tuesday, July 02, 2002 8:59 AM
Shorsman@cityofpriorlake.com
JKansier@cityofpriorlake.com
Perrier setback variances, 16502 Inguadona Beach Circle
I have been out to this property. My recommendation would be to slide
the house towards Inguadona Beach Circle 5 feet, modify the home design
to meet setback averaging (with Lots 16 and 18), and recommend removal
of the old boathouse as a condition of any variance approval. It
appears that if the house is pulled back slightly to the street and
setback averaging is utilized, the lake setback variance could be
eliminated. Sideyard could also be eliminated with slight redesign.
Was there a narrative describing the hardship included with the
application?
Pat Lynch
DNR South Metro Area Hydrologist
phone 651.772.7917
fax 651.772.7977
pat.lynch@dnr.state.mn.us
ATTACHMENT 4 - DNR COMMENTS
AFFIDAVIT OF SERVICE BY MAIL
COUNTY OF SCOTT )
)ss
STATE OF MINNESOTA)
Minnesota, being 6fiJy sworn, says on the,~9~ day,c~ ~ , 2002, she .served
thee att,ached list,of persons to have an interest in the '~bJM-~'X..-, L;~'~L~6~_.
~~-~Z-'~do~ , by mailing to them a copy thereof,
enclosed in an envelope, postage 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
I.:XDEPTWORK~BLANKFRM'uMAILAFFD. DOC
Smooth Feed SheetsTM
MARTIN H 8,: MARY E GORES
15275 FAIRBANKS TRL NE
PRIOR LAKE, MN 55372
Use template for 5162®
VERA B BENZEL
15631 RIDGEMONT AVE SE
PRIOR LAKE, MN 55372
THOMAS J & JUDY L DENMAN
3800 GREEN HEIGHTS TRL SE
PRIOR LAKE, MN 55372
RICHARD E & JULIE D WARNER
2780 SOUTH SHORE DR
PRIOR LAKE, MN 55372
VALENTINE J & RHONDA K ZWEBER
3672 180 ST W
PRIOR LAKE, MN 55372
GRETCHEN DEINER
3803 GREEN HEIGHTS TRL SW
PRIOR LAKE, MN 55372
JOHN R & YVONNE E IRVINE
16478 INGUADONA BEACH CR
PRIOR LAKE, MN 55372
BRADLEY W & LAURA K HOLZWORTH
16588 RAMSEY AV SW
PRIOR LAKE, MN 55372
STEVEN H & BARBARA J BORCHARDT
3791 ROOSEVELT ST SW
PRIOR LAKE, MN 55372
DENNIS W LAVEY
3813 ROOSEVELT ST SW
PRIOR LAKE, MN 55372
FRANK MUELKEN
15685 FISH POINT RD SE
PRIOR LAKE, MN 55372
DALE G & SONIA A LUNDTVEDT
3784 PERSHING ST SW
PRIOR LAKE, MN 55372
PAUL B CHRISTENSEN
16596 RAMSEY AVE SW
PRIOR LAKE, MN 55372
JERRY D & ANGELA HALLIDAY
16604 INGUADONA BEACH CIR
PRIOR LAKE, MN 55372
Address Labels
Laser
5162®
Smooth l~eed 5heeL~TM Use template for 5162~
MURIEL G RUONAVAR
16594 INGUADONA BEACH CIR.
PRIOR LAKE, MN 55372
MARILYN J & ROBERT L DEMARCE
16576 1NGUADONA BEACH CIR.
PRIOR LAKE, MN 55372
KENNETH R & EVELYN FALKUM
11111 RIVER HII.LS DR
APT 216
BURNSVILLE, MN 55337-3269
JOHN A & JENNIFER T BARNCARD
16558 INGUADONA BEACH CIR
PRIOR LAKE, MN 55372
JAMES H & JOY ELLEN MEYER
13705 WELLINGTON CRESCENT
BURNSVILLE, MN 55337
JUDD A DUNHAM
16534 INGUADONA BEACH CIR
PRIOR LAKE, MN 55372
DAVID A YEARLING
16520 INGUADONA BEACH CIR
PRIOR LAKE, MN 55372
ROGER B & JOANNE R WAHL
16510 INGUADONA BEACH CIR
PRIOR LAKE, MN 55372
DENNIS P & KAREN PERRIER
16502 INGUADONA BEACH CIR
PRIOR LAKE, MN 55372
GENE G & COLEEN M TREMAINE
16500 INGUADONA BEACH CIR.
PRIOR LAKE, MN 55372
JEANNE S JENSEN
16498 INGUADONA BEACH CIR
PRIOR LAKE, MN 55372
BLAINE H & PENNY E AADLAND
16471 INGUADONA BEACH CIR
PRIOR LAKE, MN 55372
ERIC ZASTROW
16575 INGUADONA BEACH CIR.
PRIOR LAKE, MN 55372
VALENE J SILCOX
16585 INGUADONA BEACH CIR
PRIOR LAKE, MN 55372
AVERY®
Address Labels
Laser
5162®
:~mootn reea :~neets'- use template for 51§2~
STEVEN R WATSON
16455 INGUADONA BEACH CIR
PRIOR LAKE, MN 55372
JENNIFER A HAIKER
16595 INGUADONA BEACH CIR
PRIOR LAKE, MN 55372
JEFFERY M & PAULA J KRAL
16454 INGUADONA BEACH CIR
PRIOR LAKE, MN 55372
GARY H & ELIZABETH A RAHVAIN
PO BOX 184
EXELAND, WI 54835-0184
HEATHER A GROTJOHN-LEISURE
16466 INGUADONA BEACH CIR
PRIOR LAKE, MN 55372
RANDALL WILLIAM RIES
16484 INGUADONA BEACH CR S
PRIOR LAKE, MN 55372
THOMAS J OLSON
16494 INGUADONA BEACH CIR
PRIOR LAKE, MN 55372
Address Labels
Laser
5162®
NOTICE OF HEARING TO CONSIDER THE FOLLOWING:
VARIANCES TO REQUIRED THE FRONT YARD, SIDE YARD, SUM OF
SIDE YARD AND REAR SETBACKS
FOR THE CONSTRUCTION OF A NEW SINGLE FAMILY DWELLING ON
PROPERTY LOCATED IN THE R-1 (LOW DENSITY RESIDENTIAL) DISTRICT
AND THE SD (SHORELINE OVERLAY) DISTRICT IDENTIFIED AS 16502
INGUADONA BEACH CIRCLE.
You are hereby notified that the Prior Lake Planning Commission will hold a public
heating at Prior Lake Fire Station #1, located at 16776 Fish Point Road SE (Southwest of
the intersection of C.R. 21 and Fish Point Road), on Monday, July 8, 2002 at 6:30 p.m.
or as soon thereafter as possible.
APPLICANT:
Dennis and Karen Perrier
16502 Inguadona Beach Circle
Prior Lake, MN 55372
SUBJECT SITE: 16502 Inguadona Beach Circle, legally described as follows:
Lots 17 and 20 and that part of 21, lying East ora line drawn from
a point on the South line of said Lot 21, 29.56 feet West of the
Southeast comer thereof to a point on the North line of said Lot 21,
40.4 feet West of the Northeast comer thereof, All in
INGUADONA BEACH on Prior Lake, according to the plat
thereof on file and of record in the Office of the Register Deeds,
Scott County, Minnesota, together with that part of the 20.00 foot
driveway as shown on said plat of INGUADONA BEACH,
adjacent to said Lot 17, of said plat described as follows:
Beginning at the southwest comer of Lot 17, of said plat; thence
South 01 degree 26 minutes 27 seconds East, assumed beating,
along the southerly extension of the west line of said Lot 17, a
distance of 5.37 feet; thence South 57 degrees 51 minutes 36
seconds East a distance of 37.70 feet; thence South 89 degrees 18
minutes 13 seconds East a distance of 22.33 feet; thence North 00
degrees 41 minutes 47 seconds East a distance of 112.51 feet to the
intersection with the easterly extension of the northerly line of said
Lot 17; thence North 75 degrees 14 minutes 06 seconds West a
distance of 10.31 feet to the northeast comer of said Lot 17; thence
L:\02FILES\02variances\02-068\02-068 mn.DOC
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
southerly and westerly along the easterly and southerly lines of
said Lot 17, to the point of beginning.
REQUEST:
The applicant is proposing to construct a single-family house with
attached garage on the existing lot. The proposed house is
encroaching on the required front yard, side yard, sum of side yard
and rear yard setbacks.
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 447-4230
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 above-listed criteria.
Prepared this 18th day of June, 2002.
Jane Kansier
City of Prior Lake
To be mailed on/or before June 28, 2002.
L:\O2FILES\O2variances\02-068\02-068 mn. DOC 2
BUILDING PERMIT SURVEY
PREPAREO FOR:
DENNIS PERRIER
16502 INGUADONA BEACH
PRIOR LAKE MN. 55.372
PH. (952) 447-6012
FAX (651) 645-6318
VALLEY SURVEYING CO., P.A.
16670 FRANKUN mAIL SE. SUITE 230
PRIOR LAKE UN. 55.372
PH. (952) 447-2570
FAX (952) 447-2571
PROPERTY OESCRIP ~ION:
LO! t7, 'INGUADONA BEACH'. Scott County, Minnesota, togethe~ with that port of the
20.OO loot drive~y a! Ihowfl on I(dd I~ot O~ "INGUAOONA BEACH', odjocent to ~
Property Ova~m within 350'
Perrier Variance #02-~
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NEW ABSTRACTS
CONTINUATIONS
CLOSING SERVICE
May 20, 2002
REGISTERED PROPERTY ABSTRACTS
TITLE INSURANCE
RECORDING SERVICE
SCOTT COUNTY ABSTRACT AND TITLE, INC.
223 HOLMES STREET, P.O. BOX 300 SHAKOPEE, MINNESOTA 55379
DAVID E. MOONEN
Phone: (952) 445-6246
Fax: (952) 445-0229
Dennis and Karen Perrier
16502 Inguadona Beach Circle SW
Prior Lake, MN 55372
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:
Lots 17 and 20, and that part of Lot 21, lying East of a line drawn from a point on the South line
of said Lot 21, 29.56 feet West of the Southeast corner thereof to a point on the North line of
said Lot 21, 40.4 feet West of the Northeast corner thereof, All in Inguadona Beach on Prior
Lake, according to the plat thereof on file and of record in the Office of the Register of Deeds,
Scott County, Minnesota.
David E. Moonen
President
Scott County Abstract & Title, Inc.
MEMBER MINNESOTA LAND TITLE ASSOCIATION
AGENT FOR CHICAGO TITLE INSURANCE COMPANY
CITY OF PRIOR LAKE
DRC PROJECT REVIEW CHECKLIST
PROJECT NAME: PERRIER VARIANCE (Case File #02-068)
An application for variances to the front yard setback, side yard
setback, sum of side yard setback and rear yard setback to
allow the construction of new dwelling on an existing lot.
APPLICANT: Dennis and Karen Perrier
952-447-6012 (home)
612-245-2896 (work)
SITE INFORMATION
PID #: 25-095-014-0
LOCATION: 16502 Inguadona Beach Circle
EXISTING ZONING: R-lSD
COMPREHENSIVE PLAN: R-L/MD
PROJECT REQUEST: Review and comment on variance request.
D STR BUTE TO= APPUCAT,ON FOR=
· Frank Boyles · Bud Osmundson Administrative Land Division
· SueWalsh · Sue McDermott _ Comprehensive Plan Amend.
~ Ralph Teschner _ Conditional Use Permit
· Chris Esser · Fire Chief Home Occupation
Bob Hutchins · Bill O'Rourke Rezoning
Don Rye Site Plan
Jane Kansier Preliminary Plat
PUD
· DNR- Pat Lynch Minnegasco Final Plat
County Hwy. Dept. Watershed Dist. · Variance
MNDOT Telephone Co. Vacation
SMDC Electric Co.
Mediacom Cable Met. Council
"Date Received 6/17/02 Date Distributed 6/18/02 Date Due 6/27/02
Complete Application 6/18/02 Date Distributed to 6/18/02 DRC Meeting NA
Date DRC
Publication Date 6/22/02 Tentative PC Date 7/8/02 Tentative CC NA
Date
60 Day Review Date 8/18/02 Review Extension 10/18/02
1:\02files\02variances\02-068\referral.doc Page 1
I have reviewed the attached proposed request (Perrier Variance) 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 Thursday, June 27, 2002, to
Jane Kansier, DRC Coordinator
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (952)447-9812
Fax: (952) 447-4245
e-mail: jkansier@cityofpriorlake.com
1:\02files\O2variances\O2-O68\referral.doc Page 2
- CITY OF. PRIOR LAKE
Impervious Surface Calculations
(To be Submitted with Building Permit Application)
For All Properties Located in the Shoreland Distract (SD).
The Maximum Impervious Surface Coverage Permitted in 30 Percent.
.HOUSE
!
ATTACHED
· LENGTH WIDTH SQ. FEET
DETACHED BLDC_rS
(Garage/Shed)
TOTAL PRINCIPLE STRUCTURE ......................
(Driveway~paved or not)
(Sidewalk/Parking Area~)
× '= qlq'
X --
TOTAL PAVED AREAS .........................................
PATIOS/PORCHE S/DECKS
(Open Decks 'A" min. opening between
bo~ds, wi~h a pervious surface below,
are not considered to be impervious)
X =
TOTAL DECKS ........................................................
OTHER.
TOTAL'IMPERVIOUS 'SURFACE
~VER
prepared B'
TOTAL OTHER....; ............................. ; ....................
Date
Phone
CITY OF PRIOR LAKE
Impervious Surface Calculations
(To be Submitted with Building Permit Application)
For. All Properties Located in'the Shoreland Distract (SD).
The MaximUm Impervious Surface COverage Permitted in 3 0 Percent.
LotArea 16:.!(vq Sq.;Feet x 30% =. .............
HOUSE
!
ATTACH]ED QARAGE
· LENGTH WIDTH SQ. FEET
DETACHED BLDGS
(Garage/Shed)
TOTAL PRINCIPLE STRUCTURE ......................
C.,-,~,e oa PiG
04--
t_o4-.
TOTAL DETACHED BUILDINGS .............~ ..... -...
DRIVEWAY/PAVED A:iLE AS
(Driveway,paved or aot)
(Sidewalk/Parking Areas)
PATIOs/PORCHES/DECKS
[Open Decks ¼" min..opening bee, veen
boards, with a pervious surface below,
are not considered to bc impervious)
x '=
X =
TOTAL PAVED AREAS ......................................... ' ~ 061
OTHER
TOTAL OTI-IER. ......................................................
TOTAL'IMPERVIOUS SURFACE
)VER.
Prepared By
J
Phone
CITY OF PRIOR LAKE
- Impervious Surface Calculations
(To be Submitted with Building Permit Application)
ForAll Properties Located in'the Shoreland Distn'ct (SD).
The Maximum Impervious Surface Coverage Permitted in 30 Percent.
'-'.HOUSE
!
ATTACHED QA2,_&GE
LENGTH :¢/IDTH SQ. FEET
TOTAL PRINCIPLE STRUCTITRE ......................
DETACHED BLDGS
(Oarage/Shed~)
DRIVEWAY/PAVED AREAS
(DriVeway-paVed or not)
(Sidewalk/Parking Areas)
· C.-~-,t,.,~e o a PI,:,
104-'° Zl x -~.~.--z.
TOTA. L DETACHED BUILDINGS .......................
× '=
X
...C.o~,c 5U.~e x =
TOTAL pAVED AREAS .........................................
PATIOS/PORCHES/DECKS
(Open D¢cl~ 'A" min..opening be~veen
boards, with a pe~ious surfac,' below.
are not considered to be imperVious)
OTHER.
TOTAL OTHER. ...... ; ...............................................
TOT~' IMPERVI GUS 'SURFACE
[,'ql0q
)VER
Prepared By:
Date
Phone # Otq'"{- '7..~,'1~ .
Property Tax Search Results Page 1 of 3
Scott County Property Information Search Results
General Property Tnformation
Property ID:
Roll Type:
Payable Year:
Owner Name:
Property Address:
City/State/Zi p:
Taxpayer Name:
Taxpayer Mailing Address:
House Address:
City/State/Zip:
25-095014-0
Real Estate
2002
PERRIER, DENNIS P & KAREN
16502 INGUADONA BEACH CIR SW
PRIOR LAKE MN 55372
PERRIER, DENNIS P & KAREN
16502 INGUADONA BEACH CIR
PRIOR LAKE MN 55372
Legal Description Information
Lot/Block/Plat#:
Plat Name:
Section/Township/Range:
Deeded Acres:
Legal Description:
17 25095
PLAT-25095 INGUADONA BEACH
0
& LOT 20 & E'ERLY 1/3 OF 21
Miscellaneous Tnformation
School District:
Taxing District Code:
719
2001
.../idc_cgi_isapi.dll?RowCount=20&currPage=l &ContinueSearch=false&IdcService=SC_PROP:6/24/02
Property Tax Search Results Page 2 of 3
Taxing District Name:
PRIOR LAKE CITY
Valuation & Tax Information
Estimated Market Value of Land:
Estimated Market Value of Building:
Estimated Market Value Total:
Total Net Taxes for Current Year:
Total Special Assessments Due for
Current Tax Year:
Total Net Tax plus Special Assessments:
Outstanding Special Assessments:
Payments:
Green Acres:
Ag Preserve:
$94,900
$55,600
$150,500
$1,694.50
$5.50
$1,700.00
$o.oo
$o.oo
Tax Classifications
Property Type:
Homestead Status:
Exempt Status:
RESIDENTIAL
Y
Sales Information
N/A
Building Characterstics
Type:
Year Built:
Architectural Style:
Foundation Size (Sq Ft):
Garage Size (Sq Ft):
Bedrooms:
RES
1925
RAMBLER
1,184
280
2
.../idc_cgi_isapi.dll?RowCount=20&currPage= 1 &ContinueSearch=false&IdcS ervice=S C_PROP 6/24/02
CITY OF PRIOR LAKE
DRC PROJECT REVIEW CHECKLIST
PROJECT NAME: PERRIER VARIANCE (Case File #02-068)
An application for variances to the front yard setback, side yard
setback, sum of side yard setback and rear yard setback to
allow the construction of new dwelling on an existing lot.
APPLICANT: Dennis and Karen Perrier
952,447-6012 (home)
612-245-2896 (work)
SITE INFORMATION
~PID #: 25-095-014-0
LOCATION:
1'65'02 Inguadona'Beach Circle
EXISTING ZONING: R-lSD
COMPREHENSIVE PLAN: R-L/MD
PROJECT REQUEST: Review and cor~r~ent on variance request.
DISTRIBUTE TO: I1--11 APPLICATION FOR:
· Frank Boyles · Bud Osmundson Administrative Land Division
~ Sue Walsh J~ Comprehensive Plan Amend.
· Ralph Teschner Conditional Use Permit
· Chris Esser · Fire Chief Home Occupation
· Bob Hutchins · Bill O'Rourke Rezoning
· Don Rye Site Plan
Jane Kansier Preliminary Plat
PUD
· DNR- Pat Lynch Minnegasco Final Plat
County Hwy. Dept. Watershed Dist. · Variance
MNDOT Telephone Co. Vacation
SMDC Electric Co ...... __ t ~' "
Mediacom Cable Met. Council
Date Received 6/17/02 Date Distributed 6/18/02 Date Due 6/27/02
Complete Application 6/18/02 Date Distributed to 6/18/02 DRC Meeting N^
Date DRC
Publication Date 6/22/02 Tentative PC Date 7/8/02 Tentative CC NA
Date
60 Day Review Date 8/18/02 Review Extension 10/18/02
h\02files\02variances\02-068\referral.doc Page I
I have reviewed the attached proposed request (Perrier Variance) for the following:
Water City Code Grading
Sewer Storm Water Signs
Zoning Flood Plain County Road Access
Parks N~itural Features .... Legal Issues
Assessment Electric Roads/Access
Policy
Septic System Gas Building Code
Erosion Control Other
Recommendation: Approval Denial
Comments:
Conditional Approval
Please return any comments by Thursday, June 27, 2002, to
Jane Kansier, DRC Coordinator
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (952) 447-9812
Fax: (952) 447-4245
e-mail: jkansier@cityofpriorlake.com
1:\02flles\02varia nces\02-068\referral.doc Page '2
83/11/2802 15:36 9522263758 INTEGRA TELECOM PL PAGE 01/01
I have reviewed the attached proposed request [ VAR 02-027] for the following:
Water , ,City Code ,. Grading ........
Sewer, Storr~, .Water Signs ,,
zon, ing Flood Plain County Road Access
Parks Natural Features Legal ISsues
Assessment Electric Roads/Access
Policy
Septic System Gas'',, ,Buil'din~ Code
Erosion Control Other
Recommendation: .,X Approval ~ Denial ,. Conditional Approval
Comments:
:: ......... "' ttntegra
,jTELECOM
'Don Barlage ~o (;~lorado Street $.E.
0.S,P, Engineering & Design P~r L~ke, MN 5537~
M01311~: (§12} 919-58§7
Direct Di~l: (952) 221i-70ff4 Fax; (952) 226-3758
d0n. barlage~lntegratelec, c~n.mm
www. int~rat~le~n.cun
Signed:
Please return any comments by March !.$._2002, to
Date:
Steve Horsman, Planning Dept.
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 5537:~
Phone: (612) 447-9854
Fax: (612) 447-4245
h\02files\02variances\02-027\referall ,doc Page 2
Form No. 3-M - WARRANTY DEED Minnesota Uniform Conveyancing Blanks (6/1/97) Miller-Davis Co., St. Paul, MN
Individual(s) to Corporation, Partnership
or Limited Liability Company
No delinquent taxes and transfer entered; Certificate
of Real Estate Value ( ) filed ( ) not required
Certificate of Real Estate Value No.
(Date)
County Auditor
by
Deputy
DEED TAX DUE: $
Date:
FOR VALUABLE CONSIDERATION, DENNIS P. PERRIER and KAREN PERRIER, husband and wife
Grantor, hereby conveys and warrants to PROPERTY OWNERS OF INGUADONA, INC.
(marital status)
Grantee, a corporation under the laws of Minnesota
real property in Scott County, Minnesota, described as follows:
That part of Lot 20, "INGUADONA BEACH", Scott County, Minnesota, lying easterly and northeasterly of the
following described line:
Beginning at the intersection of the southerly extension of the west line of Lot 17, of said plat with the northerly
line of said LOt 20; thence South 01 degrees 26 minutes 27 seconds East, assumed bearing, along said southerly
extension of the west line of said LOt 17, a distance of 7.63 feet; thence southeasterly along a nontangential curve
concave to the southwest, having a radius of 120.00 feet, a central angle of 28 degrees 40 minutes 49 seconds, a
chord bearing of South 43 degrees 41 minutes 29 seconds East, an arc length of 60.07 feet to the south line of said
LOt 20, and there terminating. Containing 893.0 square feet.
together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions:
]l~gThCk box if applicable: '
e Seller certifies that the seller does not know of any wells on the described real property.
[] A well disclosure certificate accompanies this document.
[] I am familiar with the property described in this instrument and I certify that the status and number of wells on
the described real property have not changed since the last previously filed well disclosure3er4ificate.
Dennis P. Perrier
Affix Deed Tax Stamp Here
STATE OF MINNESOTA '~
$$.
COUNTY OF SCOTT
Ka~ Perrier
This instrument was acknowledged before me on
Date
by DENNIS P. PERRIER and KAREN PERRIER, husband and wife
NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK):
.orA. YPuB.ic ,..ESO*A t
~at'~ My Commission Expires Jan 3~ 2005
SIGNATU O~F NO ~
OF NOTARY~PPUBI~R O~FICIAL
Ch =k if pan or all of land is = ist=red (Xorr=ns) I/l
Tax Statements for the real property described in this instrument should
be sent to (include name and address of Grantee):
THIS ~S~UME~ WAS DRAFTED BY ~AME AND ADDRESS):
Loren Gross
Attorney at Law
8609 Lyndale Avenue South
Bloomington, MN 55420
Property Owners of Inguadona, Inc.
Form No. ll-M - WARRANTY DEED Minnesota Uniform Conveyancing Blanks (611197) Miller-Davis Co., St. Paul, MN
Corporation, Partnership or Limited Liability Company
to Joint Tenants
No delinquent taxes and transfer entered; Certificate
of Real Estate Value ( ) filed ( ) not required
Certificate of Real Estate Value No.
(Date)
County Auditor
by
Deputy
DEED TAX DUE: $
Date:
FOR VALUABLE CONSIDERATION, PROPERTY OWNERS OF INGUADONA, INC.
corporation under the laws of Minnesota
Grantor, hereby conveys and warrants to DENNIS P. PERRIER and KAREN PERRIER, husband and wife
Grantees, as joint tenants, real property in
See legal description on back
Scott
County, Minnesota, described as follows:
together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions:
eTCk box if applicable:
he Seller certifies that the seller does not know of any wells on the described real property.
[] A well disclosure certificate accompanies this document.
[] I am familiar with the property describ6d in this instrument and I certify that the status and number of wells on
the described real property have not changed since the last previously filed well disclosure certificate.
Affix Deed Tax Stamp Here
STATE OF MINNESOTA
COUNTY OF SCOTT
PROPERTY OWNERS OF INGUADONA, INC.
$$.
KeitKHalls
Its Pr~id~t ~,~ ,. ,./? ~
Mha'L~en O nara ~ ~-/E',~//,~ -
Its Secret~
This instrument was acknowledged before me on
by Keith Halls and
the President and
of PROPERTY OWNERS OF INGUADONA, INC.
(Date)
Maureen O'Hara
Secretary
at corporation
on behalf of the corporation
NOTARIAL STAMP OR SEAL {OR OTHER TFFLE OR RANK)
lW ~'(~EXPIRES 1-35.2005 ~
THIS INSTRUMENT WAS DRAFFED BY (NAME AND ADDRESS):
Loren Gross, Attorney at Law
8609 Lyndale Avenue South
Bloomington, MN 55420-
under the laws of Minnesota
SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL
Check here if part or all of the land is Registered (Torrens) [__~_
Tax Statements for the real property described in this instrument should
be sent to (include name and address of Grantee):
Dennis P. and Karen Perrier
16502 lnguadona Beach Circle
Prior Lake, MN 55372
Form No. II-M -- WARRANTY Di~3¢.l) Minnesota Uniform Conveyancing Blanks (6/1/97) Miller-Davis Co., St. Paul, MN
Corporation, Partnership or Limited Liability Company
to Joint Tenants
No delinquent taxes and transfer entered; Certificate
of Real Estate Value ( ) filed ( ) not required
Certificate of Real Estate Value No.
(Date)
County Auditor
by
Deputy
DEED TAX DUE: $ 33.00
Date:
FOR VALUABLE CONSIDERATION, PROPERTY OWNERS OF INGUADONA, INC.
a corporation under the laws of Minnesota
Grantor, hereby conveys and warrants to DENNIS P. PERRIER and KAREN PERRIER, husbnad and wife
Grantees, as joint tenants, real property in Scott County, Minnesota, described as follows:
That part of the 20-foot driveway between Lot 17 and Lot 18, Inguadona Beach, lying West of the Easterly ten feet
thereof and Northerly of a line drawn between the Southwest corner of Lot 18 and the Southeast corner of Lot 17,
all within the plat of Inguadona Beach, Scott County, Minnesota.
together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: subject to
easements, reservations and restrictions of record, if any.
Check box if applicable:
[] The Seller certifies that the seller does not know of any wells on the described real property.
[] A well disclosure certificate accompanies this document.
[~ I am familiar with the property described in this instrument and I certify that the status and number of wells on
the described real property have not changed since the last previously filed well disclosure certificate.
Affix Deed Tax Stamp Here
STATE OF MINNESOTA
COUNTY' OF SCOTT
PROPERTY OWNERS OF INGUADONA, INC.
SS.
Its Pr~esid~t
Its Secretary
This instrument was acknowledged before me on
by Keith Halls and
the President and
of PROPERTY OWNERS OF INGUADONA, INC.
(Date)
Maureen O'Hara
Secretary
a corporation
on behalf of the corporation
NOTARIAL STAMP OR SEAL {OR OTHER TITLE OR RANK)
THIS INSTRUMENT WAS DRAIrFED BY (NAME AND ADDRF_,~):
Loren Gross, Attorney at Law
8609 Lyndale Avenue South
Bloomington, MN 55420-
under the laws of Minnesota
SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL
Check here if part or all of the land is Registered (Torrens) ~ ~
Tax Statemenm for the real property described in this instrument should
be sent to (include name and address of Grantee):
Dennis P. and Karen Perrier
16502 Inguadona Beach Circle
Prior Lake, MN 55372
Transfer from No. 4436 Originally registered the 22nd day of April 1925 Volume 1 page 48
Property Ovmers of Inguadona, Inc.,
a Minnesota corporation
./
All driveways and walk in Inguadona l~each in said Scott County, Minnesota.
And ~lso a tract described as follows: Con~uenctng at the Southwest corner of Lot 1
i~ said Inguadona Beach; and running thence Northeasterly along the Westerly side of Lots I to
13, inclusive, in said Inguadona Beach; thence Easterly along the North side of Lots 14 to 19,
inclusive, to the East line of said Inguadona Beach; thence due North to the water's edge
of Prior Lake in said Scott County, Minnesota; thence Westerly and Southwesterly along said
water's edge ~o a point lying North 54'12' West of the point of beginning; thence South
54'12' East to the place of beginning, in said Inguadona Beach, Scott County, Minnesota,
Except all that parcel of land lying and being situate in Inguadona Beach described as
follows:. Commencin~ at the Southwest corner of Lot thirteen (13), thence Northeasterly
along the West side of said Lot thirteen (13) to ghe most Northerly corner of Lot thirteen
(13), thence Easterly along the North side Of L0t~ fourteen (14) and fifteen (15) to the
center of the North line of Lot fifteen (1~); thence Northerly to the water's edge of
Prior Lake on an extension of a line drawn through the center of said Lot fifteen (15)
from South to North; thence Westerly and Southwesterly along said water's edge to a point
in a line extended to said water's edge from a point in the rear llne of Lot thirteen (13)
fifteen (15) feet Northerly from the Southeast corner of said Lot thirteen (13) running
Northwesterly to the Southwest corner of Lot thirteen (13); t~ence on said last described
extended line to the place of beginning, according to the ~at of Inguadona Beach on file and
of record in the Office of the Register of Deeds in and for Scott County, Minnesota.
Subject. to the right of peaceful p~ssage over said land which is hereby reserved by the grantors
in favor of the owners of the remaining lots in Inguadona Beach and Twin .Islands.
Only persons of the white race may hold title on the tract known as Inguadona Beach.
P~SERVING to the property owners of Inguadona Beach perpetually the use and enjoyment of
said lakeshore; and
RESERVING to the property owners of Twin Isles perpetually theright of peaceful passage
over and across the said lakeshore strip above described, and
SUBJECT to the following:
Ia) Peaceful passage shall exclude any motor vehicular traffic over and across
said lakeshore except on the approach on the North end of the driveway, of
which runs North and South on the East side of Inguadona Beach Addition, and
at the West approach of the driveway, when developed, which abuts Lot 3 of
said plat; no fences shall be erected on the lakeshore; and only the owners of
those lots abutting the lakeshore have the right to build and maintain one
dock and stairway on the lake front abutting such lakeshore lot, but at no
time shall the lake front be obstructed or used to interfere with the enjoyment
of said lake front by the back lot owners of Inguadona Beach. Structuges
in existence on February 16, 1965 encroaching on the lakeshore described
herein, may remain.
TRANSFER FROM NO. 11486 originally registered the 22nd day of Apa~l 1925 volume I page 48
Prior Lake
Minn~ota
Lot6 17 and 20, and tho~t part of Lot 21, lyin~ E~6t of a line drawn from a point on the Sou~t line of said
Lot 21, 29.56 fee~ West of the Soathea6t corner thereof to a poZnt on the North Line of said Lot 21, 40.4
feet We~t of the Norther corner thereof, ALL Iht Inflaadona Beach on Prior Lake, according to the p£at
thereof on fdle and of record in the Office of the Resister of Deeds, ScotZ County, Minnesota.
is ....... ;.d to KoACn PeAler ~ho is 24 qe~6 of a.qe ,~d is ,,,d~, no d~/~X'
NUMBER / INSTRUMENT MONTH DAY YEAR ~,~NOUn~N INSTRUMENT AMOUNT RUNNING IN FAVOR OF SIGNATURE OF REGISTRAR
-- ~ Aug. I0 19t 7 I 3~ 5-7-67 I ~.
~~ ~ Aug. 10 19~7 1 3~ 8-I-67 I ~. P~p~
,~_~ ~ ~g. Jan. 9 19;~ 1, 1-5-79
i
Illi
II Il
I ll