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HomeMy WebLinkAbout02-90 Perrier Appeal Resolution and Minutes L:\TEMPLATE~FILEINF0.DOC City Council Meeting Minutes DRAFT August 19, 2002 The Council took a brief recess. Public Hearing to Consider an Appeal of the Planning Commission's Decision to Deny the Requested Variances to a Structures Rear Yard Setback, OHWM Setback, Sum of Side Yards, and Setback for a Building Wall over 50 Feet Long (Case File #02-068PC). Horsman: Reviewed the agenda item in connection with the staff report, discussing the variance requests appealed and the action of the Planning Commission. Noted that the appeal has been revised requesting item 1, 2 and 7. Pace: Asked for an explanation of the original request. Horsman: Noted there were originally five variances requested, but that utilizing setback averaging, the need for one of the variances was eliminated. Advised that there was one variance which the Planning Commission felt met the hardship criteria and was granted. Zieska: Asked if by granting the rear yard setback, variance #2 is still necessary. Horsman: Advised that he would need to re-calculate the measurements, but noted that the applicant is appealing the rear yard setback which was granted by the Planning Commission at a figure less than originally requested. LeMair: Asked the square footage of the proposed structure. Horsman: Slightly over 1700 square feet. Bo¥1es: Asked for clarification as to where the 21.7 foot variance was needed to permit 3.23 foot rear yard setback. Horsman: Identified the vadance discussed as shown on the original survey. Noted that the revised survey submitted was necessary to eliminate the sum of side yards variance. Gundlach: Asked the rationale for the 25 foot setback. Horsman: Advised that setbacks are necessary to create uniform development and required yard areas. Such areas give separation from structures and usable green space. Setbacks also preserve structures from moving closer to adjacent structures, or in the case of this rear yard setback, from moving closer to the lake and thereby obstructing neighboring views. Noted that setback averaging was used in this instance to allow the house closer to the ordinary high water mark setback. Kansier: Explained the common area relevant to this property and discussed the calculation. Noted that variances of this type do not happen very often. Gundlach: Noted that if the City Council did not take any action, the variance granted by the Planning Commission with the setback averaging would still be effective. Kansier: Confirmed. Pace: Asked what three substandard lots had been combined in this instance. 4 City Council Meeting Minutes DRAFT August 19, 2002 Horsman: Advised Inguadona Beach Cimle dissects the property. The combination was of Lots 17, 20 and 21. Hau,qen: Asked how the current boathouse affected the setback, and how much farther than the existing house did the proposed house extended to the lake. Horsman: Advised that in the instance of a noncomplying structure, staff would recommend that such structures be eliminated. In this case, the boathouse is on common property owned by the property owners of Inguadona Beach. Also advised that the proposed home is farther from the OHW and that the existing home is over the lot line encroaching the common area. Bo¥1es: Asked if the boathouse is included in the setback averaging calculation. Horsman: Advised that the boathouse was not used in the calculation. Gundlach: With respect to the revised survey, asked what items are different from what was approved. Horsman: Advised that he had not had time to formally review the revised survey since its submittal late last week. Pace: Asked if demolishing the current structure means that the encroachment in the common area would be removed. Horsman: Advised that is his understanding, and that the new structure would be located within the property boundaries but not meeting the OHW setback averaging and also not meeting the rear yard setback. Pace: Requested that there be a condition if a variance is enacted that no portion of the proposed structure encroach into the common area, with the exception of the boathouse. Mayor Haugen declared the public heating open. Loren Gross (attorney representing applicant): Introduced the petitioners who were present. Submitted a petition from the neighborhood in support of the requested variances. Advised that the draft agenda indicated there were no public meetings and therefore no persons from the neighborhood were present. Further discussed the three variances requested including the side yard setback, rear yard setback, and setback from the OHWM. Noted that interpretation of the ordinance by the staff and by the architect are not the same. Advised that the architect interpreted that the break in the garage would preclude the need for an additional variance. Staff did not interpret the ordinance provision in the same manner. Also noted that in 1924 it was intended that a 20-foot walkway be added along the lake. The line was not necessarily drawn from the OHWM, and now is more like 50 feet. Noted that if the boathouse was considered a structure, it could be factored into the setback averaging. Gundlach: Noted that the boathouse is being ignored because it is on common property. Pace: Asked who owns the boathouse. Gross: Because of the drawing of the rear yard setback, the boathouse belongs to Inguadona Beach Association and does not sit on any plat of record. Continued that the owners would like to build a newer home on the lot and believe the applicant has done everything they can to make reasonable use of the lot and address the concerns of neighboring properties. Repeated that all parts of the proposed house will be within the property lines and the deck would be 10 feet further from the lake than the existing deck. 5 City Counc# Meeting Minutes DRAFT August 19, 2002 LeMair: Noted that the owners of Lot 16 directly adjacent did not sign the petition. Gross: Confirmed, and advised that the property owners of Lot 16 had concerns with the house unrelated to the requested vadances. Gundlach.: Asked why the City Council should overtum a decision that the Planning Commission thoroughly reviewed. Gross: Believed the hardship standards for the granting of variances was subjective and that the applicant proposed a reasonable use of the property. The same arbitrary standards were used in the staff's recommendation. Also noted that the Planning Commission does not grant variances, but rather make recommendations to the City Council for final approval. Zieska: Clarified that under Prior Lake City Code, the Planning Commission does grant variances and that the City Council only sees vadance requests on appeal. LeMair: Asked what the square footage of the house becomes if the applicant does not receive the requested variances. Dennis Perrier (16502 Inguadona Beach, applicant): Advised that the proposed structure would be nearly 1500 square feet on one level in that case. Noted that only one variance was granted. Gross: Advised that the proposed structure is one level with a walkout in consideration of the impact an additional story would create. The applicant also considers the proposed structure as a retirement home and would like to minimize the number of stairs. Perrier: Noted that the impervious surface calculation is well below the allowance, and that lot 20 and part of 21 would remain vacated for overflow parking for the area. Also noted that his neighbor Roger Wahl are not opposed to the variance request, but rather the design of the side wall and the overall size of the structure. Noted that he would probably make the size of the house smaller in consideration of Mr. Wahl's concerns. Did not believe the size of the home is excessive for the area. Further suggested that clarification needs to be made to the ordinance in the definition of rear and front yard for lake property. Zieska: Clarified that standard conforming lots in Pdor Lake need to be 12,000 square feet, and that the applicant's lot is roughly half of that size, so adequate comparisons need to be made when discussing square footage versus lot size. Perrier: Noted that his property includes additional lots. Gundlach: Clarified that the ordinance would allow a garage accessory structures across the street on combined lots for lake property. Horsman: Suggested that with respect to lots 20 and 21, a condition be imposed that the compacted Class 5 materials and any structures be removed otherwise the impervious surface area is over 30%. Gross: Noted that Mr. Perder does not object to removal of the Class 5 material. Perrier: Noted that the lot is used extensively to maintain the area and those lots were used for storage of construction materials. MOTION BY ZIESKA, SECOND BY LEMAIR TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carded. 6 City Council Meeting Minutes DRAFT August 19, 2002 Zieska: Noted that in review of the information tonight and from the Planning Commission, suggested that there is nothing the Council can do with respect to the current structure, and that properties with similar constraints find a way to build within the lot envelope. Commented that often times what an owner wants can't necessarily be built. Supported the Planning Commission decision. LeMair: Also supported the Planning Commission decision. Believed there is reom to comply with the rear yard setback granted by the Planning Commission and thereby eliminating the need for the additional variances. Petersen: Believed the issue was difficult and would like to address the needs of the applicant, but that there is concern about moving the house closer to the lake. Admired the choices of the applicant in respecting his neighborhood, but did not support granting the requested variances. Gundlach: Believed that if the Council took no action, the variance granted by the Planning Commission becomes effective. Believed that many lake lots are unique, but that a 2800 square foot structure could adequately address the applicant's needs and that the request does not meet the hardship criteria. Supported the Planning Commission decision. Hau,qen: Asked for a brief recess to consult with counsel. The Council took a bdef recess. Zieska: Commented that ordinances are in place for consistency for the better of the overall community. The issue tonight is enforcement of those ordinances, despite what this particular neighborhood might feel is acceptable. If the overall ordinances should be addressed is a separate issue. Hau,qen: Reviewed each of the hardship criteria and discussed the relationship to the applicant's variance requests. Noted that the Planning Commission did not find that the requests met the hardship criteria. Based upon the stated criteria, did not believe the applicant faced hardship. Boyles: Clarified that if the Council desired to uphold the Planning Commission decision, action on the two resolutions as recommended by staff were necessary. Further noted that upon reviewing the file, the City has complied with the statutory public notice and the notification required to residents by the ordinance, and there was no procedural problem as implied by Attorney Gross. MOTION BY GUNDLACH, SECOND BY LEMAIR TO APPROVE RESOLUTION 02-134 UPHOLDING THE DECISION OF THE PLANNING COMMISSION TO APPROVE A 9-FOOT VARIANCE TO PERMIT A 16-FOOT STRUCTURE SETBACK TO THE REAR PROPERTY LINE ON THE PROPERTY LOCATED AT 16502 INGUADONA BEACH CIRCLE SW. Gundlach: Asked for clarification that the resolution was correctly worded. Horsman: Confirmed. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. MOTION BY GUNDLACH, SECOND BY LEMAIR TO APPROVE RESOLUTION 02-135 UPHOLDING THE DECISION OF THE PLANNING COMMISSION TO DENY THE REMAINING VARIANCE REQUESTS AS PROPOSED. Pace: Asked if the revised survey needed to be considered with respect to the resolution. 7 City Council Meeting Minutes DRAFT August 19, 2002 Horsman: Clarified that the Planning Commission action did not consider the revised survey, therefore the Council had no need to consider it. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska, and LeMair, the motion carried. Public Hearing to Consider an Appeal of the Planning Commission's Decision to Deny a Variance to Allow the Import of Materials, Grading and Filling within a Bluff Impact Zone. (Case File #02-076PC) Horsman: Reviewed the agenda item in connection with the staff report, together with the recommendation of the Planning Commission and staff that the variance did not meet the hardship criteria. Noted that the original Stop Work order was lifted because the applicant submitted a Letter of Credit that would allow the City to restore the bluff if the builder failed to do so. Gundlach: Asked how a bluff can be restored. Horsman: Advised that the bluff has a high point of 932 feet with a 30% rate of slope. The builder would have to submit a grading plan for approval and identifying all corrective measures for removing the retaining wails and restoring the bluff. Advised that the issue is to keep the boulder wall within the bluff impact zone. Gundlach: Asked if there was an opinion by staff that the wall could be removed and the bluff restored. Horsman: Stated that what determines the adequate restoration of bluff and any impacts is beyond his expertise. Mayor Haugen declared the public hearing open. Chris Deanovic (Hi#crest Homes): Stated that if the issue was a deck or some other encroachment, it would just be removed. Stated this is the first time he has been in front of the Council for an after-the-fact variance. Believes that in order to maintain the integrity of the bluff, retaining walls are necessary. Believes that removal of the wall is contrary to the intent of the ordinance as it would adversely impact the bluff. Noted the extensive engineering for the site, and the opinion that the bluff would be unaffected with the construction of the house. A subsequent engineering report advised that removing the wall would be detrimental for the bluff and the site. Also advised that the DNR is of the same opinion. Further noted that the bluff is currently stable as evidenced by its stability during the course of recent rains. Believed that he has suffered a financial penalty due to the stop work order, and simply made a mistake in this case. Gundlach: Asked if the decision was made to not get a permit and expect the Council to approve the variance after the fact. Deanovic: Believes it was an honest mistake. His concern focused on the positioning of the house with respect to the top of the bluff. As a developer within the City, he has a reputable history in complying with building requirements. Gundlach: Asked about the corrective measures for the side retaining wall. Deanovic: Advised that the eastedy retaining wall was moved and re-built. Noted that the Stop Work order dealt with three issues: (1) the southerly retaining wall, (2) the encroachment of the eastedy retaining wall, and (3) the discharge of the drainage tube. Two of the three items were corrected. Petersen: Stated that his opinion was to not further disturb the bluff and that the applicant had leamed his lesson. Doc. No. T 134971 Vol. 44 Page 75 Cert. 13368 OFFICE OF THE REGISTRAR OF TITLES SCO'I-I' COUNTY, MINNESOTA Certified Filed o.10-18-2002at 04:05 Pat Boeckman, Registrar of'rifles Fee: $21.00 Ol State of Minnesota County of Scott I, Kelly Meyer, being duly sworn, as Deputy City Clerk for the City of Prior Lake, do hereby certify that the attached RESOLUTION 02-134 is a true and correct copy of the original as passed and adopted by the City Council of the City of Prior Lake at its August 19, 2002 meeting.//~0~ ~ ~:/~ Date: ?__ DK~Yu tMy ~'C~II e r k-- .... h:\certify.doc RESOLUTION 02-134 RESOLUTION OF TltlZ~ PRIOR LAKE CITY COUNCIL UPHOLDING A DECISION OF THE PLANNING COMMISSION TO APPROVE A 9-FOOT VARIANCE TO PERMIT A 16-FOOT STRUCTURE SETBACK TO TI-IF, REAR PROPERTY LINE ON THE PROPERTY LOCATED AT 16502 LNGUADONA BEACH CIRCLE SW MOTION BY: Gundlach SECOND BY: LeMair On August 19, 2002, the Prior Lake City Council held a public hearing to consider an appeal by Dennis & Karen Perrier of the Planning Commission's approval of a request for a 9-foot variance to permit a 16-foot structure setback to a rear property line, rather than the minimum required 25-feet for the property 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. The City Council finds that the requested variances meet the criteria for granting variances set forth in Section 1108.400 of the City Code, and that the appellant has set forth adequate reasons for reversing the decision of the Planning Commission; and The City Council has determined that the Planning Commission's decision denying the requested variances should be reversed, and said variances should be approved. NOW THEREFORE, BE IT RESOLVED BY THE. CITY COUNCIL OF PRIOR LAKE: 1) The above recitals are incorporated as if fully set forth herein. r:kresoluti\planr~s~2002\02-134.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Pt. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 2) The City Council makes the following findings: a. Dennis & Karen Perrier applied for a variance from Sections 1102.405, 1101.502, 1101.503 and 1107.205 of the City Code in order to permit construction of a future single family dwelling with attached garage as shown in Attachment 1 on property located in the R-1 (Low Density Residential) and SD (Shoreland) Districts at 16502 Inguadona Beach Circle SW, Prior Lake MN, 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 thereofi All in 1NGUADONA 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 oflNGUADONA 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. b. The Planning Commission reviewed the application for variances as contained in Case File #02-068, and held hearings thereon July 8, 2002, and July 22, 2002. c. The Planning Commission concluded the variance request did meet the hardship criteria and approved the variance. d. Dennis & Karen Perrier appealed the decision of the Planning Commission in accordance with Section 1109.400 of the City Code on July 12, 2002. e. The City Council reviewed the appeal of the Planning Commission's decision, and the information contained in Case File #02-068 and Case File #02-090, and held a hearing thereon on August 19, 2002. The City Council has considered the effect of the proposed variances upon the health, safety, and welfare of the community, the existing and anticipated traffic conditions, light and air, danger of fire, r/sk to the public safety, the effect on property values in the surrounding area and the effect of the proposed variances on the Comprehensive Plan. The City Council has determined the requests meet the hardship criteria. There are unique circumstances or conditions regarding the property. Any hardship was not caused by the actions of the applicant through the design and placement of the proposed structures. There are unique characteristics to the property that would constitute a hardship. h. The variance requested constitutes a hardship with respect to literal enforcement of the ordinance, as reasonable use of the property does not exist without the variances. r:kresoluti\planres\2002\02-134.doc Page 2 3) The contents of Planning Case File #02-068 and Planning Case File #02-090 are hereby entered into and made a part of the public record and the record of the decision for this case. 4) Based upon the Findings set forth above, the City Council hereby upholds the decision of the Planning Commission, and approves a 9-foot variance to permit a 16-foot structure setback to a rear property line, rather than the minimum required 25-feet, subject to the listed conditions. 5) The following conditions shall be adhered to prior to the issuance of a building permit for the proposed future single family dwelling: a) 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. b) 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. c) 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. d) 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. e) The building permit is subject to all other applicable city, county, and state agency regulations. Passed and 'adopted this 19th day of August, 2002. YES NO {Seal} Haugen X Haugen Petersen X Petersen LeMair X LeMair Gundlach X Gundlach Zieska X Zieska City Manager r:\resoluti\planmsk2002\02-134.doc Page 3 RESOLUTION 02-135 RESOLUTION OF THE PRIOR LAKE CITY COUNCIL UPHOLDING A DECISION OF Tlt-E PLANNING COMMISSION TO DENY A 21.7-FOOT VARIANCE TO PERMIT A 3.23-FOOT STRUCTURE SETBACK TO TltE REAR LOT LINE; A 12.5-FOOT VARIANCE TO PERMIT A SETBACK OF 50-FEET TO THE OltWM; 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 ON Tl:lE PROPERTY LOCATED AT 16502 INGUADONA BEACH CIRCLE MOTION BY: GUNDLACH SECOND BY: LEMAIR on August 19, 2002, the Prior Lake City Council held a public hearing to considered an appeal by Dennis & Karen Perrier of the Planning Commission's denial of a request for, for the property 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. the City Council finds that the requested variance does not meet the criteria for granting variances set forth in Section 1108.400 of the City Code, and that the appellant has not set forth adequate reasons for overturning the decision of the Planning Commission; and The City Council has determined that the Planning Commission's decision denying the requested variances should be upheld, and said variances should be denied. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE: r:\resoluti\planres\2002\02-135.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 1) 2) The above recitals are incorporated as if fully set forth herein. The City Council makes the following findings: Dennis & Karen Perrier applied for a variance fi.om Sections 1102.405, 1101.502, 1101.503 and 1107.205 of the City Code in order to permit construction of a future single family dwelling with attached garage, as shown in Attachment 1 on property located in the R-1 (Low Density Residential) and SD (Shoreland) Districts at 16502 Inguadona Beach Circle SE, Prior Lake MN, 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 oflNGUADONA 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. b. The Planning Commission reviewed the application for variances as contained in Case File #02-068PC, and held hearings thereon July 8, 2002, and July 22, 2002. c. The Planning Commission concluded the variance request did not meet the hardship criteria and denied the request. d. Dennis & Karen Perrier appealed the decision of the Planning Commission in accordance with Section 1109.400 of the City Code on July 12, 2002. e. The City Council reviewed the appeal of the Planning Commission's decision, and the information contained in Case File #02-068 and Case File #02-090, and held a hearing thereon on August 19, 2002. The City Council has considered the effect of the proposed variances upon the health, safety, and welfare of the community, the existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, the effect on property values in the surrounding area and the effect of the proposed variances on the Comprehensive Plan. The City Council has determined the requests do not meet the hardship criteria. There are not unique circumstances or conditions regarding the property. Any hardship was caused by the actions of the applicant through the design and placement of the proposed structures. There are no unique characteristics to the property that would constitute a hardship. r:\resoluti\planres\2002\02-135.doc Page 2 h. The denial of the requested variances does not constitute a hardship with respect to literal enforcement of the ordinance reasonable use of the property exists without the variances. 3) The contents of Planning Case File #02-068 and Planning Case File #02-090 are hereby entered into and made a part of the public record and the record of the decision for this case. 4) Based upon the Findings set forth above, the City Council hereby upholds the decision of the Planning Commission denying variances for 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 on a nonconforming lot of record rather than the minimum required 15-feet; A 2-foot variance to permit a building wall 74-feet in length to be setback 7-feet from a side lot line rather than the minimum required 9-feet for building walls over 50-feet for applicants Dennis & Karen Perrier: Passed and adopted this 19th day of August, 2002. {Seal} YES NO Haugen X Haugen Petersen X Petersen LeMair X LeMair Gundlach X Gundlach Zieska X Zieska City Mana r:\resoluti\planres~2002\02-135.doc Page 3 State of Minnesota County of Scott I, Kelly Meyer, being duly sworn, as Deputy City Clerk for the City of Prior Lake, do hereby certify that the attached RESOLUTION 02-154 is a true and correct copy of the original as passed and adopted by the City Council of the City of Prior Lake at its August 19, 2002 meeting. h:\certify.doc RESOLUTION 02-134 RESOLUTION OF THE PRIOR LAKE CITY COUNCIL UPHOLDING A DECISION OF THE PLANNING COMMISSION TO APPROVE A 9-FOOT VARIANCE TO PERMIT A 16-FOOT STRUCTURE SETBACK TO THE REAR PROPERTY LINE ON THE PROPERTY LOCATED AT 16502 INGUADONA BEACH CIRCLE SW MOTION BY: Gundlach SECOND BY: LeMair On August 19, 2002, the Prior Lake City Council held a public hearing to consider an appeal by Dennis & Karen Perrier of the Planning Commission's approval of a request for a 9-foot variance to permit a 16-foot structure setback to a rear property line, rather than the minimum required 25-feet for the property 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. The City Council finds that the requested variances meet the criteria for granting variances set forth in Section 1108.400 of the City Code, and that the appellant has set forth adequate reasons for reversing the decision of the Planning Commission; and The City Council has determined that the Planning Commission's decision denying the requested variances should be reversed, and said variances should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE: 1) The above recitals are incorporated as if fully set forth herein. r:\resoluti\planresX2002\02-134.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 2) The City Council makes the following findings: ao Dennis & Karen Perrier applied for a variance from Sections 1102.405, 1101.502, 1101.503 and 1107.205 of the City Code in order to permit construction of a future single family dwelling with attached garage as shown in Attachment 1 on property located in the Rol (Low Density Residential) and SD (Shoreland) Districts at 16502 Inguadona Beach Circle SW, Prior Lake MN, 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 oflNGUADONA 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. b. The Planning Commission reviewed the application for variances as contained in Case File #02-068, and held hearings thereon July 8, 2002, and July 22, 2002. c. The Planning Commission concluded the variance request did meet the hardship criteria and approved the variance. d. Dennis & Karen Perrier appealed the decision of the Planning Commission in accordance with Section 1109.400 of the City Code on July 12, 2002. e. The City Council reviewed the appeal of the Planning Commission's decision, and the information contained in Case File #02-068 and Case File #02-090, and held a hearing thereon on August 19, 2002. The City Council has considered the effect of the proposed variances upon the health, safety, and welfare of the community, the existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, the effect on property values in the surrounding area and the effect of the proposed variances on the Comprehensive Plan. go The City Council has determined the requests meet the hardship criteria. There are unique circumstances or conditions regarding the property. Any hardship was not caused by the actions of the applicant through the design and placement of the proposed structures. There are unique characteristics to the property that would constitute a hardship. h. The variance requested constitutes a hardship with respect to literal enforcement of the ordinance, as reasonable use of the property does not exist without the variances. r:\resoluti\planres\2002\02-134.doc Page 2 3) 4) 5) The contents of Planning Case File #02-068 and Planning Case File #02-090 are hereby entered into and made a part of the public record and the record of the decision for this case. Based upon the Findings set forth above, the City Council hereby upholds the decision of the Planning Commission, and approves a 9-foot variance to permit a 16-foot structure setback to a rear property line, rather than the minimum required 25-feet, subject to the listed conditions. The following conditions shall be adhered to prior to the issuance of a building permit for the proposed future single family dwelling: a) 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. b) 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. c) 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. d) 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. e) The building permit is subject to all other applicable city, county, and state agency regulations. Passed and adopted this 19th day of August, 2002. YES NO {Seal} Haugen X Haugen Petersen X Petersen LeMair X LeMair Gundlach X Gundlach Zieska X Zieska r:\resoluti\planresX2002\02-134.doc Page 3 ASSENT OF APPLICANT As Approved by Resolution # 02-134 gned hereby assents to the following: I have read the conclusions and conditions of said Resolution, and I am familiar with their contents and with the content of the exhibits. I fully accept all of the terms and conditions of said Resolution. 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\02appeal\perrier appealXASSENT.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. 4. 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. SIGNATURE OF APPLICANT/OWNER 16502 INGUADONA BEACH CIRCLE ADDRESS OF PROPERTY SIGNATUR~ OF APPLICANT/OWNER L:\02FILES\02appeal\perrier appeal~ASSENT.DOC 2 IN~,~E$O october 4, 2002 Dennis Perrier 16502 Inguadona Beach Cir. Prior Lake, MN 55372 RE: Recording of Approved Variance and Assent Form Acknowledgment Dear Dennis: The purpose of this letter is to advise you that Resolution 02-134 approving a variance on the property located at 16502 Inguadona Beach Circle must be recorded at Scott County. A building permit will not be issued until proof of recording has been submitted to the Planning Department. The variance will be null and void per Section 1108 of the City Code within one year if the project is not completed or if construction has not commenced (Assent Form). Enclosed is a certified copy of the original Resolution to be recorded at the Scott County Recorders office. The 2nd copy is to be stamped as recorded by the recorders office and returned to the Planning Department as proof of recording. Also included is a 3rd copy for your records. Additionally, the enclosed Assent Form must be signed by all property owners and returned to the Planning Department prior to the issuance of any necessary permits. If you have any questions, please contact me at 447-9810. Sincerely, Connie Carlson Planning Secretary 1:\02files\02appeal\perrier appealXrecdlet.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota ,55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ASSENT OF APPLICANT File # 02-90 As Approved by Resolution # 02-134 gned 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\02appeal\perrier appealXASSENT.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. 4. 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/OWNER 16502 INGUADONA BEACH CIRCLE ADDRESS OF PROPERTY SIGNATURE OF APPLICANT/OWNER L:\02FILES\02appeal\perrier appeal~ASSENT.DOC STING HOUSE/GARAGE / FXI%TINL, / / / g07 85 12 60. S1_ DECK x, 14 t ' / I I I f I / I / \ \ \ \ 'w O~'A~ NOt~ ' 0 0 Z .I :-925 u Sun NiH **'I.'<~k I I ';Ii~,s~'': I I BUILDING PERMIT SURVEY PREPARED FOR: DENNIS PERRIER 16502 INOUADONA BEACH PRIOR LAKE MN. 55372 PR. (952) 447-6012 FAX (651) 645-8518 VALLEY SURVEYING CO., P.A. 16670 FRANKLIN TRAIL SE. SUITE 230 PRIOR LAKE MN. 55572 PH. (952) 447-2570 FAX (952) 447-2571 EXIS~NG PROPERTY DESCRIPTION: Lot 17, "INGUADONA BEACH", Scott County, Minnesoto, together with thet port of the 20.00 foot drivewoy ds shown on s~id plot of "INGUAOONA BEACH", edjecent to sold Lot 17, of soid plot described ds follows: Beginning ct the southwest corner of Lot 17, of sold plot; thence South 01 degree 26 minutes 27 seconds Eest. ossumed beoring, elong the southerly extension of the west line of seid Lot 17, e dietonce of .5,37 feet; thence South 57 degrees 51 minutes 36seconds Eost o distence of 37.70 feet; thence South 89 degrees 18, minutes 15 seconds Eest ~ distence of 22.53 feet; thence North O0 degrees 41 minutes 47 seconds Eost o distonce of 112.51 feet to the intersection with the eosterly extension of the northerly line of seid Lot 17; thence North 75 degrees 14 minutes 06 seconds West e dietence of 10,;~1 .feat to the northeoet corner of sold Lot 17; thence southerly ond westerly olong the eesterly ond southerly lines of soid Lot 17, to the point of beginning. Contoining 9,350 squOre feet to elevation 904. · Denotes Iron Monument Found 0 Denotes Irml Monument set and morked by License No. t018.~ \ \ \ \ \ I · ¢ ~ -- ~ :'[ I~RAPHIC SCALE ,JUN I I' !/I t, ii ....... ~_~~ ..... g it Survey wes prepored by ms or under my direct supervision end thor I dm e duly Licensed Lend Surveyor under the lewl of the Stets of blinnesote. M nnesoto License um er 3 I~0'7 I55 ..... North~rl line of Lot 17 and it~ easterly exten$io~ N7,.,5~ 4,'06 W .,~ 60.5~ '. ~o~ ~ ~, \ CITY COUNCIL AGENDA REPORT MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: AUGUST 19, 2002 7B STEVEN HORSMAN, ZONING ADMINISTRATOR JANE KANSIER, PLANNING COORDINATOR A PUBLIC HEARING TO CONSIDER AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY THE REQUESTED VARIANCES TO A STRUCTURES REAR YARD SETBACK, OHWM SETBACK, SUM OF SIDE YARDS, AND SETBACK FOR A BUILDING WALL OVER 50 FEET LONG (Case file #02-068PC). History: Dennis & Karen Perrier applied for variances to allow the redevelopment of their property located at 16502 Inguadona Beach Circle. This property consists of three substandard platted lots of record, which have been combined as a single parcel. There is an existing house on this property; the applicants are proposing to demolish the existing dwelling and construct a single-family dwelling with attached garage. In order to redevelop their property Mr. and Ms. Perrier requested the following 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 that would be permitted 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)]. 1621~)00~s~~?S.a~.e,~~','dlgfinnesota ~5372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER On July 8, 2002, the Planning Commission held a public hearing to consider the applicant's request. The original Planning Report, dated July 8, 2002, outlines the proposed variances and the staff's recommendation. A copy of this report is attached. The Commission determined three of the four variances did not meet the hardship criteria. The Commission agreed with staff's recommendation to grant a rear yard setback variance because the Commission found all nine of the hardship criteria had been met due to the size of the substandard lot of record. Accordingly, the Commission adopted Resolution 02-008PC approving a 9-foot variance to permit a 16-foot structure setback from the rear lot line rather than the minimum required 25-feet. The applicants have appealed this approved variance because it does not meet their original request for a 3.23-foot rear yard setback to accommodate the proposed rambler floor plan. A copy of this resolution is attached to the agenda report. The Commission also adopted Resolution #02-009PC denying the remaining variances requested by the applicant. The Commission based its denial on the determination that a legal alternative building footprint exists on the lot. A copy of the Minutes for the Planning Commission meeting on July 8, 2002, is attached to this report. Current Circumstances: On July 12, 2002, the applicant submitted the attached letter appealing the Planning Commission's decision to deny the above-described variances. The appeal was originally scheduled for the August 54 meeting, but was rescheduled to August 19, 2002, at the request of the applicant in a letter dated July 17, 2002, and in accordance with the Zoning Ordinance. The staff report to the Planning Commission recommended denial of the variances as requested by the applicant with the exception of the rear setback variance that would be needed to permit the structure to be setback the average of the two existing structures on the adjoining lots. This recommendation was based on the fact that the applicant has the alternative to redesign the proposed structure to fit within a legal building footprint on the subject lot and eliminate the other three variances requested. The Planning Commission agreed with staff's recommendation and denied the requested variances. The Planning Commission determined a reasonable use of the property existed without the following requested variances: (1) variance to the setback from the Ordinary High Water Elevation (OHW); (2) variance to the 15' required sum of the side yard setbacks; and (3) variance to the minimum side yard L:\02FILES\02appeal\perrier appeal\CCREPORT.doc 2 setback for a building wall in excess of 50 feet. The applicant could redesign the building plans to fit within a reasonable footprint on the subject lot. The findings of fact included in this report reflect the Planning Commission's decision. Issues: The City Council must determine if it concurs with the Planning Commission's findings of fact and decision to deny the requested variances. Minnesota State Statutes and the City of Prior Lake Zoning Ordinance require the following hardship criteria be applied as a standard for approval of variance requests. All nine hardship criteria must be met regarding each variance request. 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 substandard nonconforming lot of record and an existing condition over which the applicant has no control. Some form of rear yard setback variance will be required to build a reasonable single family dwelling for this site. However, the applicant can control the design and size of the proposed structure and eliminate the need for all of the variances as requested, specifically: (1) a 21.7-foot variance to permit a 3.23-foot rear yard setback, rather than the minimum required 25 feet variance to the setback from the Ordinary High Water Elevation (OHW); (2) 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 that would be permitted by setback averaging; (3) 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; and (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. 2. Conditions applying to the structure or land in question are peculiar to the property or immediately adjoining property, L:\02FILES\02appeal\perrier appeal\CCREPORT.doc 3 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) were created with smaller lot 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 rear yard setback variance. However, as requested, the 21.7-foot variance to permit a 3.23-foot rear yard setback, rather than the minimum required 25 feet, the 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 that would be permitted by setback averaging, the 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, and the 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 do not meet the nine hardship criteria. The proposed structure could be redesigned to reduce or eliminate these variances. e The granting of the proposed Variance is necessary for the preservation and enjoyment of a substantial property right of the owner. The rear yard setback variance appears necessary to permit construction of a dwelling of reasonable size and to 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 a rear yard setback variance will not impair these stated values. The granting of the requested 21.7-foot variance to permit a 3.23-foot rear yard setback, rather than the minimum required 25 feet, the 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 that would be permitted by setback averaging, the 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, and the 2-foot variance to permit a building wall 74-feet in length to be setback 7-feet to a side lot line rather L:\02FILES\02appeal\perrier appeal\CCREPORT.doc 4 e than the minimum required 9-feet for building walls over 50-feet do not appear to impair these stated values. 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 a rear yard setback variance for a furore 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 variances to the OHW setback, the sum of side yard setbacks, and the setback for a building wall over 50' in length may impact the character and development of the neighborhood in that it will allow further encroachment onto the lake, and create a crowding effect between the structures on the adjacent lot. 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 .fa reduced rear yard setback variance is not contrary to the intent of the Ordinances or the Comprehensive plan. However, the requests for variances to the OHW setback, the sum of side yard setbacks, and the setback for a building wall over 50' in length can be eliminated with a redesigned building plan; therefore, they are not necessary to allow the owner the ability to develop and use their property in a manner customary to the R-1 district. 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 rear yard setback variance to alleviate a demonstrable undue hardship or difficulty to build a single-family dwelling. No hardship exists pertaining to the variance requests to the OHW setback, the sum of side yard setbacks, and the setback for a building wall over 50' in length, since these requests can be eliminated by modifying the design of the proposed structure. 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 a rear yard setback for the construction of a single family dwelling structure. However, the applicant can reduce the L:\02FILES\02appeal\peffier appeal\CCREPORT.doc 5 ALTERNATIVES: size of the proposed building to eliminate the remaining variance requests. e 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. Conclusion: The Planning Commission determined the requested variances for a 21.7-foot variance to permit a 3.23-foot rear yard setback, rather than the minimum required 25 feet, 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 that would be permitted by setback averaging, 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, and 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 did not meet all 9 hardship criteria. The Planning Commission did find hardship regarding a reduced rear yard setback variance and approved the revised variance. The remaining variances could be eliminated by redesigning or reducing the size of the proposed structure. The two attached resolutions are consistent with the Planning Commission's direction for approval of a modified variance for a structure setback to the rear lot line, and for denial of the requested variances for setback to the OHWM, sum of side yards, and setback for a building wall over 50-feet long. The staff recommends the City Council uphold the decision of the Planning Commission. The City Council has three alternatives: 1. Adopt a Resolution upholding the decision of the Planning Commission to approve a structure setback from a rear lot line, and adopt a Resolution to deny the variances as requested by the applicant. The attached Resolutions are consistent with this action. 2. Overtum the decision of the Planning Commission and direct staff to prepare a resolution with findings of fact for the approval of the requested variances. 3. Table or continue consideration of this item for specific reasons. L:\02FILES\02appeal\perrier appeal\CCREPORT.doc 6 RECOMMENDED MOTION: REVIEWED BY: The staff recommends alternative # 1. This requires the following motions: A motion and second to adopt a Resolution upholding the decision of the Planning Commission to approve a 9-foot variance to permit a 16-foot structure setback to a rear lot line, with conditions; 2. A motion and second to adopt a Resolution 02-XX upholding the decision of the Planning Commission to deny a 21.7-foot variance to permit a 3.23-foot rear 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 yardst~f 14.2 feet, and a 2-foot variance to permit a 7-foot ~ ~~of a building wall 74-feet long. Fran~s, ~ity Manager L:\02FILES\02appeal\perrier appeal\CCREPORT.doc 7 RESOLUTION 02-XX RESOLUT/ON OF THE PRIOR LAKE CITY COUNCIL UPHOLDING A DECISION OF THE PLANNING COMMISSION TO APPROVE A 9-FOOT VARIANCE TO PERMIT A 16-FOOT STRUCTURE SETBACK TO THE REAR PROPERTY LINE ON THE PROPERTY LOCATED AT 16502 INGUADONA BEACH CIRCLE SW MOTION BY: SECOND BY: On August 19, 2002, the Prior Lake City Council held a public hearing to consider an appeal by Dennis & Karen Perrier of the Planning Commission's approval of a request for a 9-foot variance to permit a 16-foot structure setback to a rear property line, rather than the minimum required 25-feet for the property 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 1NGUADONA 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. WHEREAS, The City Council finds that the requested variances meet the criteria for granting variances set forth in Section 1108.400 of the City Code, and that the appellant has set forth adequate reasons for reversing the decision of the Planning Commission; and The City Council has determined that the Planning Commission's decision denying the requested variances should be reversed, and said variances should be approved. NOW THEREFORE, BE IT RESOLVED BY Tl:l'E CITY COUNCIL OF PRIOR LAKE: 1) The above recitals are incorporated as if fully set forth herein. l:\02files\02appeal\perrier appeal\ccaprvres.doc Page 1 169,00 Eagle Creek Ave. $.E., Prior Lake, Minnesota 55379,-1714 / Ph. (959-) 447-49-30 / Fax (952) 447-49.45 AN EQUAL OPPORTUNITY EMPLOYER 2) The City Council makes the following findings: ao Dennis & Karen Perrier applied for a variance from Sections 1102.405, 1101.502, 1101.503 and 1107.205 of the City Code in order to permit construction of a future single family dwelling with attached garage as shown in Attachment 1 on property located in the R-1 (Low Density Residential) and SD (Shoreland) Districts at 16502 Inguadona Beach Circle SW, Prior Lake MN, 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 ! 7, 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. b. The Planning Commission reviewed the application for variances as contained in Case File #02-068, and held hearings thereon July 8, 2002, and July 22, 2002. c. The Planning Commission concluded the variance request did meet the hardship criteria and approved the variance. d. Dennis & Karen Perrier appealed the decision of the Planning Commission in accordance with Section 1109.400 of the City Code on July 12, 2002. e. The City Council reviewed the appeal of the Planning Commission's decision, and the information contained in Case File #02-068 and Case File #02-090, and held a hearing thereon on August 19, 2002. The City Council has considered the effect of the proposed variances upon the health, safety, and welfare of the community, the existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, the effect on property values in the surrounding area and the effect of the proposed variances on the Comprehensive Plan. The City Council has determined the requests meet the hardship criteria. There are unique circumstances or conditions regarding the property. Any hardship was not caused by the actions of the applicant through the design and placement of the proposed structures. There are unique characteristics to the property that would constitute a hardship. h. The variance requested constitutes a hardship with respect to literal enforcement of the ordinance, as reasonable use of the property does not exist without the variances. l:\02files\02appeal\perrier appeal\ccaprvres.doc Page 2 3) The contents of Planning Case File #02-068 and Planning Case File #02-090 are hereby entered into and made a part of the public record and the record of the decision for this case. 4) Based upon the Findings set forth above, the City Council hereby upholds the decision of the Planning Commission, and approves a 9-foot variance to permit a 16-foot structure setback to a rear property line, rather than the minimum required 25-feet, subject to the listed conditions. 5) The following conditions shall be adhered to prior to the issuance of a building permit for the proposed future single family dwelling: a) 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. h) 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. c) 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. d) 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. e) The building permit is subject to all other applicable city, county, and state agency regulations. Passed and adopted this 19th day of August, 2002. YES NO Haugen Haugen Petersen Petersen LeMair LeMair Gundlach Gundlach Zieska Zieska {Seal} City Manager l:\02files\02appeal\perrier appeal\ccaprvres.doc Page 3 RESOLUTION 02-XX RESOLUTION OF THE PRIOR LAKE CITY COUNCIL UPHOLDING A DECISION OF THE PLANNING COMMISSION TO DENY 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 ON THE PROPERTY LOCATED AT 16502 INGUADONA BEACH CIRCLE MOTION BY: SECOND BY: WHEREAS, on August 19, 2002, the Prior Lake City Council held a public hearing to considered an appeal by Dennis & Karen Perrier of the Planning Commission's denial of a request for, for the property 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. WHEREAS, the City Council finds that the requested variance does not meet the criteria for granting variances set forth in Section 1108.400 of the City Code, and that the appellant has not set forth adequate reasons for overturning the decision of the Planning Commission; and The City Council has determined that the Planning Commission's decision denying the requested variances should be upheld, and said variances should be denied. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE: l:\02files\02appeal\perrier appeal\ccres.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Pr. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 1) The above recitals are incorporated as if fully set forth herein. The City Council makes the following findings: a0 Dennis & Karen Perrier applied for a variance from Sections 1102.405, 1101.502, 1101.503 and 1107.205 ' of the City Code in order to permit construction of a future single family dwelling with attached garage, as shown in Attachment 1 on property located in the R-1 (Low Density Residential) and SD (Shoreland) Districts at 16502 Inguadona Beach Circle SE, Prior Lake MN, 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. b. The Planning Commission reviewed the application for variances as contained in Case File #02-068PC, and held hearings thereon July 8, 2002, and July 22, 2002. c. The Planning Commission concluded the variance request did not meet the hardship criteria and denied the request. d. Dennis & Karen Perrier appealed the decision of the Planning Commission in accordance with Section 1109.400 of the City Code on July 12, 2002. e. The City Council reviewed the appeal of the Planning Commission's decision, and the information contained in Case File #02-068 and Case File #02-090, and held a hearing thereon on August 19, 2002. The City Council has considered the effect of the proposed variances upon the health, safety, and welfare of the community, the existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, the effect on property values in the surrounding area and the effect of the proposed variances on the Comprehensive Plan. The City Council has determined the requests do not meet the hardship criteria. There are not unique circumstances or conditions regarding the property. Any hardship was caused by the actions of the applicant through the design and placement of the proposed structures. There are no unique characteristics to the property that would constitute a hardship. l:\02files\02appeal\perrier appeal\ccres.doc Page 2 h. The denial of the requested variances does not constitute a hardship with respect to literal enforcement of the ordinance reasonable use of the property exists without the variances. 3) The contents of Planning Case File #02-068 and Planning Case File #02-090 are hereby entered into and made a part of the public record and the record of the decision for this case. 4) Based upon the Findings set forth above, the City Council hereby upholds the decision of the Planning Commission denying variances for 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 on a nonconforming lot of record rather than the minimum required 15-feet; A 2-foot variance to permit a building wall 74-feet in length to be setback 7-feet from a side lot line rather than the minimum required 9-feet for building walls over 50-feet for applicants Dennis & Karen Perrier. Passed and adopted this 19th day of August, 2002. YES NO Haugen Haugen Petersen Petersen LeMair LeMair Gundlach Gundlach Zieska Zieska {Seal} City Manager l:\02files\02appeal\perrier appeal\ccres.doc Page 3 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 o 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 comr~on area between the rear lot line and shoreline of Prior Lake. L:\02FI LES\02vadances\02-068\VarRpt. doc Page 2 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 L:\02FILES\02vadances\02-068\VarRpt.doc 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. L:\02FILES\02vadances\02-068\VarRpt. doc Page 4 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. L:\02FtLES\02vadances\02-068\VarRpt.doc Page 5 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. o 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: L:\02FILES\02vadances\02-068\VarRpt.doc Page 6 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. L:\02FILES\02vadances\02-068\VarRpt.doc Page 7 BUILDING PERMIT StJR~t[Y PREPARED FOR: DENNIS PERRIER 16502 INGUAOONA REACH P~tOR ~.t,~,C M~. 55372 PH. (952) 447-6012 FAX (651) e46-a'q18 VALLEY SURVEYING CO., P.A. 16670 FRANKUN 'T~AIL SE. sur'l[ 2,30 PRIOR LAKE MN. $5372 PH. (952) 447-2570 FAX (952) 447-2571 ATTACHMENT I - CERTIFICATE OF SURVEY I / ~~ I1~.~1:~ ............. ~ .' , ~, ..·.~ ,,, 7~ 7a '~-- ~ I~/~i ' / ~ ~  __ . ~.~ '~ / ?' .,~ ........ ~,~ ' '. ~ '~z ...................... ,-- · -. ',, ~ ~ .==0 C/~o~ ' ~ Q ofl ~ ' .-' ~ L/ ', .-~'~ '-- , .I I I I I IL II CITY OF PRIOR LAKE ImperVious Surface Calculations (To be Submitted With Building Permit Application) For. Ail PropertiesLocated-inthe Shoreland District (SD). The Max/mum Impervious Surface Coverage Permitted in 30 Percent. .HOUSE ATTACHED QARA'GE LENGTH WIDTH SQ. FEET DETACHED BLDGS (Garage/Shed) TOTAL PRINCIPLE STRUCTURE ...................... . C.-,,-~Se o,lglo Io4- L-~4-. TOTAL DETA¢I-IED BUILDINGS ....................... DRIVEWAY/PAVED At:~EAS 0Driveway-paved or not) (Sidewalk/Pm'king Area~) × .= qnq X ---- TOTAL PAIRED AREAS ......................................... / 0~--'21 PATIOS/PORCHES/DECKS (Open Deck~ '/.," min. opening between boards, with a pervious surface below. are not considered to bc imperVious) T OT.~L DECKS ........................................................ OTHEK TOTAL OTHER. ...................................................... TOTAL IMPERVIOUS SURFACE VER Prepared By ~ Date Phone qioq m 1 / O m rn 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 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 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 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 l:\02files\02variances\02-068\aprvres.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 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. 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\02-068\aprvres.doc 2 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. o 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. Anth~)ny Stamson, Commission Chair ATTEST: Donald R. Rye, Plannin~JDi~'ec~r l:\02files\O2variances\O2-O68\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 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. 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 (9.52) 447-424.5 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 sun'ounding 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. 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 hardstiip 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. 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. Ant~~'On, Commission Chair ATTEST: Donald R. Rye, Plannin~Dile~r' - l:\02files\02variances\02-068\dnyres.doc 3 BUK.DI~G I~..RUIT SUR*VEY PREPARED FOR.. DENNIS PERRIER 16502 INGUAOONA ~A~ ~ ~[ MN. 5~72 ~. (952) 447-6012 FAX (85t) 845-8318 VALLEY SURVEYING CO., P.A. 18670 FRANKUN 1RA~ SF_. SUITE 250 PRIOR LAKE MN. 55372 PH. (952) 447-2570 FAX (952) ¢47-2571 ATTACHMENT I -CERTIFICATE OF SURVEY AND PLAn S COUNCrL of CAKPENTERS AND JOINERS Of United Brotherhood of Car£enters and foiners of America 842 ~xAYMOND AVENU~ SI. PAUL, MINNESOTA PHONE (6.~1) 646-7207 FAX (651) 645-8318 July 17, 2002 City of Prior Lake Attn: Steve Horsman, Zoning Administrator 16200 Eagle Creek Ave. SE Prior Lake, MN 55372 Dear Mr. Horsman, Due to a work-related commitment, I cannot attend the City of Prior Lake Council Meeting of August 5, 2002. If possible, I would like to request that I instead be permitted to attend the Council Meeting of August 19, 2002, in order to participate in the hearing on variances that will be held concerning the property at 16502 Inguadona Beach Road. I can be reached at 651-271-1922 (Cell #)for confirmation of the new hearing date. Thank you for your time and consideration of my request. .c.~ncerely, ~'~ Dennis Perrier Organizer Planning Commission Meeting Date PLANNING COMMISSION MINUTES MONDAY, JULY 8, 2002 1. Call to Order: Chairman 6:31 p.m. Stamson, Zoning called the July 8, 2002, present were Commissioners Coordinator Steve Horsman and l Commission meeting to order at Criego, Lemke, Ringstad and City Engineer Larry Popple, Secretary Connie Carlson. 2. Roll Call: Atwood Present Present L Present Rin Present Present 3. Approval The Minutes from the presented. 4. Consent: 5. Public Hea Commissioner 2002, PlanningX~mmission meeting were approved as read the Public Heating S ned 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-fo0t 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 1 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 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 demolish their home 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 variance. They have expanded their property to the east and south. Another point is that part oflnguadona Beach Road was always on his property. Back when it was a gravel mad 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. Lemke questioned the ramifications of losing 2 feet on the home. Perrier felt it was necessary for asthestics 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 obstructing 2-story homes on the lake. The rambler fits into the neighborhood. Gene Tremaine, 16500 Inguadona Beach, said the Perders 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 Perriers' 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 staffs findings with the 2 foot side yard and there is a willingness on the part of the applicant. Ringstad: Agreed with staffs 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 staffthen the applicant is reducing the length of the home by 12.5 feet. · The average width of a lot is 50 feet. This one is 55 feet and historically have 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\02pcminutes'uMN0708022.doc · 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 have been the guidelines. It is a reasonable use of the property. Stflmson: · 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 for the OHWM. · Explained lake creep. This is a classic example. This home is drastically close 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 than the neighboring properties. A precedence should not be set. of neighbor's rights. Agreed with staff's position and conditions. Approve the rear yard setback. It is a violation 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 PERMIT 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 Lernke. MOTION CARRIED. Horsman explained the appeal process. B. Case #02-075 Bernard Carlson is requesting a/v/~riance to the required rear yard Jack to allow the construction of an addition/to Carlson Hardware Store located 16281 Main Avenue SE Zoning on file in the The Plannin (ap~ to building on the attached to the side of the for a 10-foot variance to than the minimum required 10-: / / The City Buildin engineers' plans on the Engineering loading dock, and a n~ addition, the line Integra Telecom relocated. ? Steve Horsman presented/the Planning Report dated July 8, 2002, of the Planning Departmep& // :eived a vari~ application from Mr. Bernard Carlson of an addition to an existing commercial at 161 Main Avenue. The proposed addition will be and extend to the rear lot line. The request is structure setback from a rear property line rather applicant must provide soils and structural of ; the adjacent buildings. The City the manhole is under the concrete of the manhole outside slab envelope must be built. In the new manhole to becomes a private service. existing telephone lines service building will need to be The Plarmin determined the variance meet the criteria, since it is a business buildin to economic growth and the need for ~fmaterials. The applicant can redesign the setb a comparable yet smaller addition. The requested variance. the rear yard setback does not to expand the existing space for storage and > meet the required 10' recommended denial L:\02FILES\02planning comm\02pcminutesXMN0708022.doc ,: : 'ImPerVious SurfaCe calculatio~it[.j -- For. All Properties Located in'the Shoreland Di[~ctr, (SD). . The MaximUm Impervious Surface Coverage Permitted in 3 0 Percent. '.:.'.Pr'operty Address '/.(o~o2-~ ~4..-~ctu~o,,~ ~c0~ Co rd-e_. - ~/o 2_0 ~,'."z.~ o..~,.,-e. ~=-q-.. L0tA.rea '16~'.16q Sq.:Feet.x.30% = .............. "P~":,:;%,~,0 + LENGTH :'HOUSE x X % ATTACHED, x WIDTH SQ. FEET DETACHED BLDGS (Garage/Shed) TOTAL PRINCIPLE STRUCTURE ...................... I04- TOTzzKL DETACHED BUILDINGS.,. .................... EWAY/PAVE.D AREAS (Driveway~paved or not) (Sidewalk/Parking Area.s) x '= flqfl' X ~c coUPe, x = . "l'z-. TOTAL PAVED AREAS ......................................... Io61 PATIOS/PORCHES/DECKS (Open Decks'%" min. opening between b0UrCls, wi~ a pervious surface below, are not considered to b~ imperVious) TOTAL DECKS ........................................................ OTHER . TOTAL OTHER. ...... : .......................... : .................... TOTAL'IMPERVIOUS SURFACE' Prepared By Date I.':qloq Phone ~Ov'm' ~: : ' ' (To be Submi.ed w'i~ Bu.ild~g Pe=kApplicati~ } ' ' "'For~l Properties Located-~'~e Shorel~d ~s~ct (SD). ' ~e M~mum ~pe~ious Surface Coverage Pe~iaed in 30 Percent. Lot ~ea [~ r'l-Gq Sq. Feet. x 30% = .............. ' .HOUSE :' ATTACHBD QA.RAGE TOTAL PRINCIPLE STRUCTUR-E ...................... '2. h~ 2. ~ DETACHED .BLDGS Io4-.: 'Z.I x ..-: (Garage/Shed) lglt~-~)o~,'~" '~6,~ oh x DRIVEWAY/PAVED AREAS '(Drivew~/y-p~ved or not) ~ 1_o4- v-I TOT~-~L DETACHED BUILDINGS ....... ' ................ (Sidewalk/Parking Are~) 4--.5-2_ pATIOS/PORCHES/DECKS (Open DccI~'¼" min. opening bce,vecn boards, with a pervious surface below. arc not considered to be impervious) OTHER TOTAL OTI-IER. ...................................................... TOTAL'IMPERVIOUS SURFACE '~VER . prepared By.:~ Date I Phone .i OF PRIOR LAKE 'Impervious Surface Calculations (To be Submitted With Building P~rmk Application) For Ail Properties Located in the Shoreland Dism'ct (SD). The Maximum'Impervious Surface 'Coverage Permitted in 30 Percent. Sq. Feet x 30% = .............. ..~ LENGTH WIDTH SQ. FEET HOUSE x A~AC~D q~GE x = DETACHED BLDGS - (Gmg~/Sh~d) D'RIVEWAYfPAVED A:REAS (Sidewalk/Parking Are=) TOTAL PRINCIPLE STRUCTURE ...................... TOTAL DETACHED BUILDINGS .............: ......... TOTAL PAVED AREAS .... ; .................................... '^T OSa'O CHES ;.CKS rko°pk. = (Open De:~ V," min. opening be~v~n ~~ X = bo~ds, wi~ a pe~ious su~c= below, ~e~ not considered to b~ imperious) X ~ TOTAL DECKS .... ~ ......... : ......................................... OTHER. TOTAL OTI-ER. ................... : .................................. TOTAL IMPERVIOUS SURFACE Company~,)(~[~ 4o¢,~e~[~ ~'.! Date [ '7_ _ t.[_ 0'2-- Phone TO: RE: August 16, 2000 City Council, City Manager, City Attorney August 19, 2002 City Council Agenda Item 7B As you know, on Monday night, the Council will hold a public hearing to consider the appeal of the Planning Commission's decision on the variance application of Dennis and Karen Perrier. Today, we received the attached correspondence with respect to the application. Mr. Gross does not ask that the letter be submitted into the public hearing record. I suspect he will be present to address the Council on Monday night, and will become part of the record at that point. This letter is distributed for your information. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER LOREN GROSS ATTORNEY AT LAW 8609 LYNDALE AVENUE SO. BLOOMINGTON, MINNESOTA 884:~0 TELEPHONE (95~') 881-8636 FAX (95 Iff 2002 Augustl5,2002 Mayor Jack Haugen Members of City Council 16200 Eagle Creek Avenue Southeast Prior Lake, MN 55372 Dear Mayor Haugen and Members of Prior Lake City Council: We represent Mr. and Mrs. Dennis Perrier in their request for three variances which will allow them to build a new house on their existing lot. It should be noted that Mr. and Mrs. Perrier have worked together with the Prior Lake Planning Staff presenting numerous plans and suggestions for nearly four years. Also, since the Planning Commission issued its rejection of the plans the Perriers presented, they have made additional changes in an attempt to make reasonable use of a non-conforming lake lot. We have become aware that it is the City staffs preference to have these lots redeveloped with relatively small two-story houses. The Perriers have chosen not to go with a two-story house because a) they are reaching the age where they are planning this as a retirement home and steps are not desirable and b) a two-story house on this lot will destroy the view of the lake for neighbors living in six houses to the south. In addition, another three homes will have their view of the lake impaired. Those neighbors are aware of this possibility and have specifically stated that they would prefer a larger footprint one-story house to a two-story house on this lot. The current plan is in compliance with impervious surface requirements when the lot in question is taken into account with other off-lake lots owned by the Perriers and combined into a single PID number. The Perriers now believe they have reduced the need for variances to the minimum necessary to make reasonable use of this lot. Their neighbors have been informed and kept in the loop regarding their proposal and the Perriers understand that all surrounding property owners and others who would be directly affected are in favor of their current plan. Mayor Jack Haugen Prior Lake City Council Members August 15, 2002 Page 2 While we understand that the Variance Hardship Standards are subject to various subjective interpretations, the Perriers believe their plan as submitted meets all standards allowing granting of the three variances they are requesting. These are mature, reasonable, long-term Prior Lake residents making an attempt to make a reasonable use of a difficult-to-redevelop lot. Their house will be a 1700 square-foot house that is suitable for empty nesters or a family. Your thoughtful consideration of their very reasonable request for variances will be greatly appreciated. Y~., very truly, Loren Gross LG/lem LOREN GROSS ATTORNEY AT LAW ,B609 LYNIDALE AVENUE SO. BLOOMINGTON, MINNESOTA 554~'0 TELEPHONE (95~') 881-8636 FAX (95:~) 881-9150 August 15, 2002 Mayor Jack Haugen Members of City Council 16200 Eagle Creek Avenue Southeast Prior Lake, MN 55372 Dear Mayor Haugen and Members of Prior Lake City Council: We represent Mr. and Mrs. Dennis Perrier in their request for three variances which will allow them to build a new house on their existing lot. It should be noted that Mr. and Mrs. Perrier have worked together with the Prior Lake Planning Staff presenting numerous plans and suggestions for nearly four years. Also, since the Planning Commission issued its rejection of the plans the Perriers presented, they have made additional changes in an attempt to make reasonable use of a non-conforming lake lot. We have become aware that it is the City staffs preference to have these lots redeveloped with relatively small two-story houses. The Perriers have chosen not to go with a two-story house because a) they are reaching the age where they are planning this as a retirement home and steps are not desirable and b) a two-story house on this lot will destroy the view of the lake for neighbors living in six houses to the south. In addition, another three homes will have their view of the lake impaired. Those neighbors are aware of this possibility and have specifically stated that they would prefer a larger footprint one-story house to a two-story house on this lot. The current plan is in compliance with impervious surface requirements when the lot in question is taken into account with other off-lake lots owned by the Perriers and combined into a single PID number. The Perriers now believe they have reduced the need for variances to the minimum necessary to make reasonable use of this lot. Their neighbors have been informed and kept in the loop regarding their proposal and the Perriers understand that all surrounding property owners and others who would be directly affected are in favor of their current plan. Mayor Jack Haugen Prior Lake City Council Members August 15, 2002 Page 2 While we understand that the Variance Hardship Standards are subject to various subjective interpretations, the Perriers believe their plan as submitted meets all standards allowing granting of the three variances they are requesting. These are mature, reasonable, long-term Prior Lake residents making an attempt to make a reasonable use of a difficult-to-redevelop lot. Their house will be a 1700 square-foot house that is suitable for empty nesters or a family. Your thoughtful consideration of their very reasonable request for variances will be greatly appreciated. Y~u:s~ very truly, Loren Gross LG/lem 69329 651 772 7977 08/13 '02 08:42 N0.461 01/03 002 Telephone: (651) 772-7910 Fax: (651) 772 7977 Steve Horsman. City of Prior Lake 16200 Eagle Creek Avenue SI: Prior Lake, Minnesota 55372 Appeals to Decisions ofthe Platming Commission, ITdi~rest Homea (14764 Roaerwood Road) and Dennis & IC~ren Perrier (16502 Inguadona Bear~h CirCe) Dear Mr. Horsman: I have rec~.ved the hearing notices for the two subject zoning matters to be considered before thc Prior Lake City Council on Monday, August 19. I have previously commenIed on these mstte~ via e-mail prior to their being considered by the Planning Commission last month. Attached are copies of my previous correspondence to you in regards to these matters. They represent DNK comments on the appeals. Please share them with the city council so that th~,y may incorporate DNR, comments in to their decision on these zoning matters. Please inform me of the outcome on these two i~. If you have any questions, please call me at 651-772- 7917. DNR Area Hydrologist DNR Information: 6~ 1~296-6I~7 ' An Equal Opportunity F~'~ployer Who Values Dive. ky 1-888-646-G367 - TTY: 651-296-5494 · 1-800-657-3929 ~1'41~ Prtnmd orr FIm:yc~cl Paper C~malnlng a Minimum of 20% Post-Consumer Was[e 69329 651 772 7977 08/13 '02 08:43 N0.461 03/03 From: To: Date: Subject: Pat lynch ;horsman~cltyo~riorl;ke.com Tue, Jul 2, 2002 8.'58 AM ~ Perrier setback variances. 16502 Inguadone Beach Circle I have been out to this property. My recommendation would be to slide the house towards Inguadona Be=ch Circle $ feet, medify the home design t= me~ setback averagingi(w~th LOts 16 and 18), and recommend removal of the old boathouse ss a condition of any variance epl3mval. It app=ars that if the house is pulled back Slightly to the street emi S. etback averaging is utilized, ~:e lake setback varlan=e could be eliminatecl. Sideyard could ;Iso ~ eliminated w~ slight redesign. Was them a narrative describing the hardship included with the ;ppli.catlon? Pat Lynch DNR South Metro Ama Hydrologist phone 051.772.7917 fax 651.772,7977 pat.lynchOdnr.state.mn,us "jkansier~cltyofpriorlake.eo/n"Jntemet. DNR 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)]. o 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 OHWM, sum of side yards, and setback for a building wall over L:\02FILES\02vadances\02-068\CnsntAgndaRpt.doc Page 2 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. L:\02FILES\02vadances\02-068\CnsntAgndaRpt.doc Page 3 LAKES AND PLAINS REGIONAL COUNCIL of Of United Brotherhood of Carpenters a~d Joiners of ~merica 842 RAYMOND AVENUE ST. PAUL, MINNESOTA 55114 PHONE (651) 646~7207 F, oc (651) 645-8~;18 July 17, 2002 City of Prior Lake Attn: Steve Horsman, Zoning Administrator 16200 Eagle Creek Ave. SE Prior Lake, MN 55372 Dear Mr. Horsman, Due to a work-related commitment, I cannot attend the City of Prior Lake Council Meeting of August 5, 2002. If possible, I would like to request that I instead be permitted to attend the Council Meeting of August 19, 2002, in order to participate in the hearing on variances that will be held concerning the property at 16502 Inguadona Beach Road. I can be reached at 651-271-1922 (Cell #) for confirmation of the new hearing date. Thank you for your time and consideration of my request. /~g~n ce rely, t~"~ Dennis Perrier Organizer LAKES AND PLArNS KEGZON COUNCIL of CaXe ,NT aS aNY lom as Of United Brotherhood of Carpenters and Joiners of America 842 I~Yi~IOND AVENUt~ ST. PAUL, /VlIN~OT.A S$114 P~o~r~ (651) 646.720"/ ~ (651)6~S-831S ,,.FACSIMILE ~SI~IISSION COVER SHEET DATE ,7//?/~z.., / NUMBER OF PAGES TO FOLLOW (EXCLUDING COVER PAGE) FROM: ,~#,~t.,d /~,o'/~". SENT BY: MES SAGF_.,/C OM/VIENTS: COI~DENTIALITY NOTIC~ The documents i~ this transmission may contain information that is confidential and/or legally privileged. The mforrnation is intended only for the usc of the fladividual namod on this t~usm~io.n sheet. If you are not into-haled recipient, you are h~reby uotified that ally disclosure, copying, distribution, or taking of any action in reliance on the contents of this information is strictly prohibi~l and that the documents should bo returned to the sender immediately, If you have received this in error, please notify the sender by telephone immediately. s~ August 15, 2002 Dennis & Karen Perrier 16502 Inguadona Beach Circle Prior Lake, MN 55372 RE: Agenda and Agenda Report Attached is a City Council Agenda and Staff Report for the August 19, 2002, City Council meeting. The meeting will begin at 7:30 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 or have any questions, please contact me at 447-9810. Sincerely, Jane A. Kansier Jane Kansier, AICP Planning Coordinator Enclosure I:\deptwork\blan kfrm~meetlrcc.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Planning Commission Meeting Date 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 Popple, 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 Ingnadona 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 1 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. Staffrecommended 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 217 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\02pcminutesXMN0708022.doc 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 demolish their home 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 variance. They have expanded their property to the east and south. Another point is that part oflnguadona 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. Lemke questioned the ramifications of losing 2 feet on the home. Perrier felt it was necessary for asthestics 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 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 Perriers' 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 of a lot is 50 feet. This one is 55 feet and historically have 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\02pcminutes~IN0708022.doc · 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 Mdc. The widest part of thc home is 40 feet. It is a modest size - 1,800 foot square house. · Lemke questioned the rear yard setback. Horsman explained thc setback averaging would bc under the 9.2 foot variance. The proposed setback is $0 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 have been the guidelines. It is a reasonable usc 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 for the OHWM. · Explained lake creep. This is a classic example. This home is drastically close 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\02pcminutes~VIN0708022.doc than the neighboring properties. A precedence should not be set. of neighbor's rights. Agreed with staff's position and conditions. Approve the rear yard setback. It is a violation 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 PERMIT 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 1 O-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 staffhas 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\02pcminutcsXMN0708022.doc ESo July 17, 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 22, 2002, Planning Commission meeting. You or your representatives are expected to attend the meeting. The meeting begins at 6:30 p.m. and is held at the Fire Station located at 16776 Fish Point Road (east of HVVY 13 on the south side of CR 21). If you have any questions, please contact me at 447-9810. Sincerely, Connie Carlson Connie Carlson Planning Dept. Secretary Enclosure I:\deptwork\blan kfrm\meetltr, doc 16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Steve Horsman From: Sent: To: Subject: Steve Horsman Wednesday, July 17, 2002 2:07 PM 'legal@swpub.com' Public notice for Prior Lake American published date 7/20/02 Deb, please cancel the public notice I e-mailed you on 7/16/02 for the property at 16502 Inguadona Beach Circle. publish date for this notice has been revised to August 3, 2002. Thank you, Steve Horsman The 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 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 19, 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 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\02appeal\perrier appeal\publish note. 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 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 29th day of July, 2002. Steve Horsman City of Prior Lake To be published in the Prior Lake American on August 3, 2002. L:\02FILES\02appeal\perrier appeal\publish note. DOC 2 AFFIDAVIT OF SERVICE BY MAIL COUNTY OF SCOTT ) )ss STATE OF MINNESOTA) ~)!~,/~ (-/~~~oftheCityl)f. PriorLak~,CountyofScott, Stateof Mi-rn~e~ota, ~eing duly sv~om, says on the ~ day ~ ~002, sh~ served tl~ a.tta .c,l~ed l!st-of person~ to have an interest in th~' ./,~,t~ qi,~'~Lt,"k, , by mali~li~g to them ~ ~op~, thereof, e/~closed 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 [ :kDEPTWORK~BLANKFRIVlhMAILAFFD. DOC 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 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 /ti, located at 16776 Fish Point Road SE (Southwest of the intersection of C.R. 21 and Fish Point Road), on: Monday, August 19, 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 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\02appeal\perrier appeal\mail note. DOC l 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 4474245 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 hearing 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 29th day of July, 2002. Steve Horsman City of Prior Lake To be mailed on August 8, 2002. L:\02FILES\02appeal\perrier appeal\mail note. DOC 2 ~U~I~INO PF..RUlT SUR¥~y PREPARED F~: DENNIS PERRIER 1~2 IN~A ~A~ ~ ~E MN. ~72 FAX (a~) ~4s-~3~. VALLEY SURVEYING C0., P.A. 16870 FRANk'UN ~RNI.. SE. SUI~ 250 PRIOR L,M(E UN, ~5372 PH. (952) 447-2570 FAX (952) 44.7-2571 ATTACHMENT I - CERTIFICATE OF SURVEY BUILDING PERMIT SURVEY PREPARED FOR: DENNIS PERRIER 16502 INGUADONA BEACH PRIOR LAKE MN. 55.372 PH. (952) 447-6012 FAX (651) 645-8318 VALLEY SURVEYING CO., P.A. 16670 FRANKLIN TRAIL SE. SUITE 2.30 PRIOR LAKE MN. 55372 PH. (952) 447-2570 FAX (952) 447-2571 ; , . ,,,,, ~_,..., .~ .............. 3 ' .. _1! ', ii' .~,..70.: / ~1/': /: /// k_~ )/" / ~ / / 'I '~ '~ ~ / ~-~.' , '%. .., ,. -'~_ ?'~. ~ :~../ ',',,,, t: ~ I 'x, ',,,, \ , PROPERTY DESCRIPTION: I Lot 17, "INGUADONA BEACH", Scott County, Minnesota. together with that port of the 20,00 foot driveway as shown on said plot of "INGUADONA BEACH". adjacent to said Lot 17, of said plot described os follows: Beginning at the southwest corner of Lot 17, of said plot; thence South 01 degree 26 minutes 27 seconds East, assumed beorlng, along the southerly extension of the west line of said Lot 17, o distance of 5,.37 feet; thence South 57 degrees 51 minutes 36seconds East o distance of 37.70 feet; thence South 89 degrees 18. minutes 13 seconds East o distance of 22.33 feet; thence North 00 degrees 41 minutes 47 seconds East o 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 o distance of 10.51 .feet to the northeast corner o1: said Lot 17; thence southerly and westerly along the eostedy and southerly lines of sold Lot 17. to the point of beginning. Containing 9.,350 square feet to elevation 904, · Denotes Iron Monument Found 0 Denotes Iron Monument set and marked by License No. 10183 L.___.b3ITTIthis Permit Building Survey wes prepared by me or under my direct supervision and that I om e duly Licensed Lend Surve~r under the laws of the State of Minnesota, 0 f'~ !