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Home My WebLink About02-113PC Variance survey pg 50 Resolution and ~inutes /2!j0rf 0:/ rrr ~ ~ OJ-tJlqP< L:\TEMPLA TE\FILEINFO.DOC f7~ ~NE:;9 November 5, 2002 Randy Simpson 2933 Spring Lake Road Prior Lake, lv:IN 55372 RE: Case File No.: 02-113, Variances for the construction of an addition to a single family dwelling Dear Mr. Simpson: This letter is to officially inform you that on October 28, 2002, the Planning Conunission denied your request for a 15 foot variance from the required 25 foot front yard setback for the construction of a garage addition to an existing single family dwelling. Enclosed is an executed copy of the original Resolution denying the variance for your records. Should you have any questions regarding this letter, please feel free to contact me at (952) 447-9813. Sincerely, e2lT'-h 0 (~^b Cynthia R Kirchoff~CP Planner Enclosure 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER RESOLUTION 02-019PC A RESOLUTION DENYING A 15 FOOT VARIANCE FROM THE REQUIRED 25 FOOT FRONT YARD SETBACK FOR THE CONSTRUCTION OF AN ADDITION TO A SINGLE FAMILY DWELLING BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. Randy Simpson has applied for a 15 foot variance from the 25 foot front yard setback for the construction of an addition to an existing single family dwelling on property zoned R-l (Low Density Residential) and SD (Shoreland Overlay) at the following location, to wit; 2933 Spring Lake Road, Prior Lake, MN, legally described as follows: the northwesterly 28 feet of Lot 5 and all of Lot 6, Block 50, Spring Lake Townsite and a portion of the vacated Reserve and the east 30 feet of the vacated 6th Street, Scott County, Minnesota. 2. The Board of Adjustment has reviewed the application for variances as contained in Case #02-113PC and held a hearing thereon on October 28,2002. 3. 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. 4. The subject property has ample buildable area, since it is a compilation of a lot and a portion of another in addition to vacated right-of-way. There are no exceptional conditions associated with the property that present an undue hardship for the property owner. 5. The alleged condition, that this is a corner lot, is found throughout the City of Prior Lake. Two front yard setbacks are required on any corner lot. There are no peculiar conditions that apply to this property. 1: \02files \02variances \02-113 \deny resolution. 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 6. A reasonable use is present on the property. The 15 foot front yard setback variance is not necessary for the preservation and enjoyment of a substantial right of the property owner. Additional garage area can be constructed on the property without any variances. 7. The granting of the variance will impact the character of the neighborhood by allowing a structure to be located approximately 12 feet from an unimproved street, which is used as access to Spring Lake. According to the survey submitted by the applicant, the other dwelling abutting the 6th Street right-of- way is located approximately 20 feet from the property line. 8. The granting of the Variance will serve as a convenience to the applicant. There are other options for additional garage space, and an attached garage is already present on the site. 9. The alleged hardship directly results from actions of the property owner. Staff believes that the proposed design is what created this application for relief, not the applicable provisions of the zoning ordinance. 10. The contents of Planning Case #02-113PC are hereby entered into and made a part of the public record and the record of decision for this case. CONCLUSION Based upon the Findings set forth above, the Board of Adjustment hereby denies the following variance to allow the construction of a single family dwelling as shown in Attachment 1 - Certificate of Survey: 1) A 15 foot variance from the required 25 foot front yard setback from to allow a 10 foot setback from the 6th Street right-of-way (Zoning Ordinance Section 1102.405 (3) Dimensional Standards.) Adopted by the Board of Adjustment on October 28, 2002. Q~ddirecror ,~ Anthony J. Stamson, Commission Chair 1: \02files \02variances \02-113 \deny resolution. doc 2 Planning Commission Minutes ~ October 28, 2002 B. Case #02-113 Randy and Patrice Simpson a variance from the 25 foot front yard setback for the construction of an addition to a single family dwelling for the property located at 2933 Spring Lake Road. Planner Cynthia Kirchoff presented the Planning Report dated October 28, 2002, on file in the office of the City Planning Department. Randy and Patrice Simpson are requesting a variance from the zoning ordinance for the construction of a garage addition to an existing single family dwelling on property zoned R-l (Low Density Residential) and SD (Shoreland Overlay District) and located at 2933 Spring Lake Road (part of Lot 5 and all of Lot 6, Block 50, Spring Lake Townsite and 30 feet of vacated 6th Street right-of-way and a portion of the platted Reserve). The property is guided Urban Low/Medium Density Residential in the 2020 Comprehensive Plan. The property is a riparian lot abuttin~ Spring Lake. The property is also a comer lot with frontage on Spring Lake Road and 6t Street (an unimproved road). A single family dwelling, constructed in 1969, currently occupies the site. In 1992, an addition was constructed to the dwelling that does not comply with the minimum front yard setback from the 6th Street right-of-way. At its closest point, the dwelling is 19.3 feet from the property line. In order to construct the proposed addition a 15 foot variance from the required 25 foot front yard setback is necessary to allow a 10 foot setback. Staff recommended denial of the requested 15 foot front yard variance to allow a 10 foot setback from the 6th Street right-of-way based upon the following: 1. The applicant has failed to demonstrate a hardship exists to warrant the granting of the variance. 2. A large garage addition can be constructed within the buildable area of the property. 3. The addition would expand the nonconformity of the existing structure. Should the Planning Commission approve this request, staff recommended the following conditions: 1. The resolution must be recorded at Scott County within 60 days of adoption. 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 building permit is subject to all other applicable city, county, and state agency regulations. Questions from the Commissioners: Ringstad questioned how the City classified the addition in1990. Kansier said there was no information available at the time. She also pointed out she did not know what the required setback was on comer lots at that time. L:\02FILES\02planning comm\02pcminutes\MNI02802.doc 5 Planning Commission Minutes October 28, 2002 Criego questioned the vacation of 6th Street. Kansier responded only a portion of the street was vacated. It is a platted right-of-way and winter access to Spring Lake. There is traffic. Stamson also pointed out the neighbor's garage access is on 6th Street. Comments from the Public: Randy Simpson, 2933 Spring Lake Road, said the road is used by ice fishermen as a winter access, not a boat access. Simpson said the staff in 1990 did not interpret the lot as a comer lot. He had to downsize his plan at that time. He questioned if it is still really a street. He also pointed out other vacations in the platted subdivision. In response to staffs hardships, Simpson questioned ifthe street was partially vacated, is it really a comer lot? The ordinances pertain to streets not half streets. The street is maintained by the homeowners and Sportsmen's Club, not the City. Simpson pointed out staff felt the applicant created the problem, but he did not agree. There are other locations on the property to place the garage but he feels this location is aesthetically the best. He felt he was penalized to have setback averaging from the neighbors' homes. Simpson pointed out the other options would block his view of the lake as well as the neighbors. He said if he did not get the requested variance there are other options to vacate the street. Stamson questioned the applicant's existing tarred driveway onto 6th Street. Simpson said he uses it for parking his boat trailer and equipment. Criego questioned the applicant having a driveway on 6th street, implying that it is a street. Simpson responded it needs to be determined. The public hearing was closed. Comments from the Commissioners: Ringstad: . Simpson made some excellent points, but concerned in keeping some continuity from 1990. . Could possibly support to continue the current garage line to eliminate additional new setback requirements toward the street or alley. . Simpson said one reason to stagger the garage is the length requirement in the city ordinance. Kirchoff said the ordinance was for a side yard - not a front or comer lot. It implies to only interior side lot lines, not side streets or comers. Atwood: . Interested in the comer lot issue, it seems to be repetitive. . Sympathetic to the applicant with the uniqueness of the lot. . It is not a busy road or alley. L:\02FILES\02planning comm\02pcminutes\MNI 02802.doc 6 Planning Commission Minutes October 28, 2002 Criego: . Questioned staff if there was a limitation on garage size? Kirchoff said "No". · Did staff ask legal advice if that was considered a street? Kirchoff said legal staff stated it was a street. . Kansier clarified it was a platted 60 foot wide street, although never improved to that width. Half of it was vacated so there is still a 30 foot public street width. There are a number of platted streets in the City that have nothing on them. In this area, the City still applies the comer setback, even though the street is unimproved. . This is never going to be a street, but will be an access to the lake. . Kansier said it is technically a platted street - there is access to the neighbor's garage as well as the applicant's access. It is used by the public for access as well. . Questioned when was the adjacent garage put in and how far from the line is that? Kirchoff responded she did not have any information when it was constructed but it is 25 feet from the property line. Atwood: . Questioned if the structure was built in 1990. Simpson indicated it was. Kansier said the information provided is very sketchy. Assumed it was put in as an access or more of a parking or storage pad. Stamson: . As far as determination as a street - it has a platted right-of-way, has two accesses and is used by the public. There is no question it is a street. . Staffs interpretation is correct. . As far as a variance and hardships - it is a tougher call. . One thing the Commission looks at is the hardship created by the application of the ordinance alone. The ordinance is written for the entire City. . In this case, the 25 foot setback throughout the city is valid. In applying it to this situation it is a little overkill. Maybe one of the hardships has been met, but not all, not enough to grant a variance. Open Discussion: Criego: . If you believe it is a street, you have to abide by the 25 foot setback. There are other ways of adding to the garage. Ringstad: . Getting back to what happened in 1990 - what was the City classifying the street at that time? Criego: . What was done 12 years ago may not be valid now. Times change. Ringstad came up with an alternative that works. It would have a 5 foot variance. L:\02FILES\02planning comm\02pcminutes\MNI02802.doc 7 Planning Commission Minutes October 28, 2002 Stamson: · Starting to define streets is going to be a problem. There are several unusual streets in the City. The Commission just looked at one (Oakland Beach) where the street does not sit on the right-of-way. · There is other ways to build a garage on this property. . Leaning towards denying. It does not qualify for any of the hardships. Ringstad: . Agreed to deny the request as presented. Having a tough time not granting some sort of variance from 12 years ago. It was not that long ago. . Suggest tabling this to see ifthe applicant and staff can come to some sort of compromise. Criego: . The applicant currently has a two car garage. Now he wants to add another garage and a half. How does that fit into a variance request? Look what the Commissioners have done in the past. Stamson: . Agreed. In the past the Commissioners felt not having a two car garage was a hardship, a third car garage is a convenience and not warranting a variance. . Including that as well as the previous discussions - there is no hardship. . There is no denial of the property. He can build a fairly good size garage addition within the ordinance requirements. Atwood: . Agreed with Ringstad to see if the applicant and staff can work something out. Ringstad: . What I am hearing from everyone is that were not in favor of supporting what is before the Commission. If something comes before the Commission that is new, it is a new consideration. Stamson: . Does not have a problem tabling so the applicant may want to alter or change his request, but the concern is the way it has been presented. It gives the appearance that the Commission is negotiating a variance. It either warrants a variance or not. Hate to give the impression that we are allowing staff to negotiate a variance with an applicant. It is not proper. . Kansier agreed. Staff does not have the authority to negotiate a variance. Atwood: . The applicant stated he had other options. . Kansier explained they did speak to the City Attorney about vacating the right-of- way. The attorney felt at this point in time, it would be difficult to show it was in L\02FILES\02planning comm\02pcminutes\MNI02802.doc 8 Planning Commission Minutes October 28. 2002 the public's interest to vacate. It was basically their opinion the City would be causing problems for themselves. Criego: . The other issue is that it is not a hardship to add a stall and a half to an existing 2 car garage, whether it is to the front, back or side. A two car garage is sufficient. If there is a need for additional storage then the property is certainly large enough to adapt. Stamson: . Concurred. That has been the Commission's stand in the past. Denied a third car garage on more difficult lots. . In the interest of being fair, the criteria the Commission has consistently used has not been met. The Commissioners agreed to deny the request. MOTION BY STAMSON, SECOND BY RINGSTAD, TO ADOPT RESOLUTION 02- 019PC DENYING A 15 FOOT VARIANCE FROM THE REQUIRED 25 FOOT FRONT YARD SETBACK FOR THE CONSTRUCTION OF AN ADDITION TO A SINGLE FAMILY DWELLING. Vote taken indicated ayes by all. MOTION CARRIED. Stamson explained the appeal process. C. Case #02-106 Consider an amendment to the zoning ordinance concerning the height and opacity of fences on corner lots. Planner Cynthia Kirchoff presented the Planning Report dated October 28, 2002, on file in the office of the City Planning Department. The following zoning ordinance amendment is based upon a request from a resident, who resides on a comer lot abutting Carriage Hills Parkway. The property owner would like to construct a fence 6 feet in height along Carriage Hills Parkway; however, the current ordinance only allows a 4 foot fence in front yards. On September 23,2002, the Planning Commission discussed the possibility of amending the fence ordinance concerning comer and riparian lots. Overall, the Commission felt as though the existing ordinance is adequate, and did not recommend changes to the ordinance. However, the City Council directed staff to prepare an ordinance amendment to allow comer lots to have a fence six feet in height along a side street. Whether or not comer lots shall be given the right to have a 6 foot tall fence along a side street is a policy issue. The current ordinance provisions were generally intended for aesthetic as well as visibility purposes. Provided the fences are only placed along arterial . L:\02FILES\02planning cornrn\02pcrninutes\MNI 02802.doc 9 APPLICA'l'lO~S & APPLICA'l'lO~ ~A'l'bJ{lALS . L:\TEMPLA TE\FILEINFO.DOC Planning Case File No. OJ- -/1/) Property Identification No~J75.... r:1.,?"'~Ci'E:4-0 r; -, . Type of Application i j ; v. C II -I. \ \ : L'U1 Brief description L pI uposeo project (Please describe the proposed amendment, project, or variance ~uest~ets if necessary). ,( '! \~/ City of Prior Lake ZONING/LAND USE APPLICATION o o o o [RJ o o o o o Amendment to Zoning Map Amendment to Zoning Ordinance Text Amendment to Comprehensive Plan Land Use Map Conditional Use Permit Variance Planned Unit Development Senior Care Overlay District Home Occupation Amendment or Modification to approved CUP or PUD Other Applicant: Address: Telephone: Ro...t\J.~ i Pc...~~c.<- .s ,-.t>ScJ'),\ ~~~~ ~,o";AI~ L~h 2.o~J P('~o(' q S~ - &.{ "'" - S'ce %"7 (home) q S2- ~ LJ (.,..., Alii 11/ (fax) L..c.....L (work) 95".2- (/t{;. 'f73S Property Owners (if different than applicant): Address: Telephone: (home) Type of Ownership: ~ Fee S'Arv-.t.. (work) o Contract for Deed o (fax) Purchase Agreement Legal Description of Property (Attach additional sheets if necessary): $< <:. ~ T\- c...c_:~ ~ ~ To the best of my knowledge the information provided in this application and other material submitted is correct. In addition, I have read the relevant sect' s of the Prior Lake Ordinance and procedural guidelines, and understand that applica~... u:;';' proces deemed complete by the Planning Director or assignee. ...,.-. ....:>~ ~..,. ~ /0 - 7- () 2.... App . ~ - .J Date ~ ~-~~ Fee Owner's Signatuye Date ADDITIONAL..PROJECT.INFORMATION (Required for PUD, CUP and SCOverlay District applications) Will the developers request financial assistance from the City? DYes o No If yes, please describe the amount and type of assistance requested (attach additional pages if necessary). Will anyone other than the. applicantbe involvedintbe ownersbip,development&management oftbisproject? o Yes (If yes, please. attach.a. list of the names and the role ofalIpersons.involvedintheproject.) 0 No 1:\handouts\2001 handouts\zoning\zoning app.doc PROCEDURE FOR AN APPLICATION FOR A VARIANCE TO THE PROVISIONS OF THE ZONING ORDINANCE Overview: When a person wishes to maintainlbuildlconstruct a structure in a manner that does not comply with the requirements of the City's Zoning Ordinance, a variance is required. Specific requirements for property in each Zoning Use District are contained in the Zoning Ordinance. Section 1108.400 of the Code sets forth the procedure and requirements for the review of variance requests. The Code is available for review or purchase from the City's Planning Department. Pre-Application Procedure: Prior to submitting an application for a variance, applicants are encouraged to meet with the Planning Staff to discuss the following: . Zoning requirements that apply to the property. . Preliminary development or building plans for the property. . The specific criteria of the Zoning Ordinance applicable to the development or building plan. . Alternatives to the proposed development. . Variance procedures. If a decision is made to proceed after the advisory meeting or meetings, a formal application is made. Process: Within ten (10) business days of submission of the application, the applicant will receive formal, written notice from the City about whether the application is complete. Within 30 days of receipt of a complete application, the Planning Department will schedule a public hearing for review by the Board of Adjustment (Planning Commission). The Board of Adjustment must approve or deny the application within 120 days of receipt of a complete application. TimiDl~:. Public hearings are scheduled for the Board of Adjustment on the 2nd and 4th Mondays of each month. Complete applications must be submitted to the Planning Department at least thirty (30) days prior to the scheduled meeting to allow publication of hearing notice. The Planning Department will publish notices in the Prior Lake American and notify the applicant and other affected property owners of the date and time the proposal will be heard by the Planning Commission. Staff Report: The Planning Department will prepare a staff report which: 1) explains the request; 2) reviews the criteria for granting variances as contained in the Zoning Ordinance; and 3) provides a recommendation. Hearine: A public hearing will be held by the Board of Adjustment (Planning Commission). The Commission will review the staff report and hear from the applicant. Public testimony on the request will 1:\handouts\2001 handouts\zoning\variance app.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER also be taken. The Board of Adjustment, after reviewing all of the information, will make a decision and may grant a variance from the strict application of the Zoning Ordinance provided that: 1. Where by reason of narrowness, shallowness, or shape of a lot, or where by reason of exceptional topographical or water conditions or other extraordinary and exceptional conditions of such lot, the strict application or the terms of this Code would result in peculiar and practical difficulties or exceptional or undue hardship upon the owner of such lot in developing or using such lot in a manner customary and legally permissible within the Use District in which said lot is located. 2. Conditions applying to the structure or land in question are peculiar to the property or immediately adjoining property, and do not apply, generally, to other land or ~tructures in the Use District in which the land is located. ~. 3. The granting of the proposed Variance is necessary for the preservation and enjoyment of a substantial property right of the owner. 4. The granting of the proposed Variance will not impair an adequate supply of light and air to the adjacent property, unreasonably increase the congestion in the public streets, increase the danger of fire, or endanger public safety. 5. The granting of the Variance will not unreasonably impact on the character and development of the neighborhood, unreasonably diminish or impair established property values in the surrounding area, or in any other way impair the health safety, and comfort of the area. 6. The granting of the proposed Variance will not be contrary to the intent of this Code and the Comprehensive Plan. 7. The granting of a Variance will not merely serve as a convenience to the applicant but is necessary to alleviate a demonstrable undue hardship or difficulty. 8. The hardship results from the application of the provisions of this Code to the affected property and does not result from actions of the owners of the property. 9. Increased development or construction costs or economic hardship alone shall not be grounds for granting a Variance. Applicants are invited to use the overhead projector provided, and the exhibits prepared by Staff. Any additional exhibits submitted by the applicant (at the hearing or prior to the hearing) such as photographs, petitions, etc. must be entered into the public record and submitted to the Planning Department for the file. Appeal: The decision of the Board of Adjustment may be appealed to the City Council by submitting a letter to the City requesting an appeal within 5 working days of the Board of Adjustment hearing. The applicant, property owner or any affected owner or property within 350 feet of the site may appeal the decision of the Board of Adjustment. Appeals are considered by the City Council following a public hearing before the Council. Upon receipt of an appeal, the Planning staff will schedule a public hearing, publish notice of the hearing in the Prior Lake American, and notify owners of property within 350 feet of the site. Recordin!!: If the variance or variances are approved, the applicant is responsible for recording a copy of the certified resolution at the Scott County Recorder's Office. The certified copy of the resolution must be stamped by the County Recorder as proof of recording and returned to the planning offices of the City of Prior Lake before the issuance of a building permit for the project. The applicant must provide proof 1:\handouts\2001 handouts\zoning\variance app.doc Page 2 of recording to the city and received a building permit within one (I) year from the date of approval or the variance becomes null and void. APPLICATION INSTRUCTIONS · Application Fee: Check payable to the "City of Prior Lake". The filing fee is $150.00. · Signed Application: A completed application form signed by the owner or owners of the property. Include authorization from the property owner on the application form or by attached letter of authorization if an agent signs the application. . Application Checklist: The attached checklist identifies the necessary information. Failure to provide any of the required information will result in an incomplete application. The Application Checklist will expedite the review of your application. Attach the checklist with the application materials. 1:\handouts\2001 handouts\zoning\variance app.doc Page 3 VARIANCE APPLICATION CHECKLIST PROPERTY ADDRESS: DEVELOPER: SPf'~^,"" L~ Ro~~ ), 0 ~I,,^-,D~ I S C>1'~WG4, k4. Rec..c.P I ..... kite. .M.1J SS"; 12- .;(q 33 eA~~-.J l ~ct 33> Vr 10 r For City Use Only 1. A complete Zoning/Land Use Application form, signed by the applicant AH",-~ c:...fpl~(.u..:\.~c)- )fIlI'O.ftuA,.J'f and the fee owner of the property. o.....cl 1-e.C!\~ 2. A radius map and a list and 2 sets of labels of the names and addresses of the owners of property located within 350' of the subject site. These shall be obtained from and certified by an abstract company. 3. The required filing fee of $150.00. 4. A certificate of survey of the property showing the existing and proposed development in relation to: . Property lines V- . Structures, both existing and proposed V . Topography - bv..~\&l""''\ .e.~~H,'",~\,~ . Easements v · Ordinary High Water Mark and bluff setbacks, where applicable.V . Impervious surface~culations and lot coverage calculations. V"'"" · Setbacks for structures on adjacent lots, where setback averaging applies V 5. If the survey is larger than 11" by 17", ten (10) full-scale copies of the survey and supporting data and one 11"X 17" reduction of each sheet must be provided. o..+\~J,.J ~J< A-f\. c...c.-~~ A~~J) 1 Memorandum TO: All Applicants for Land Use Applications FROM: Jane Kansier, Planning Coordinator DATE: July 18, 2001 RE: Required Information for Notification Requirements Several Land Development Applications require published notice as well as mailed notice to nearby property owners. It is the applicant's responsibility to submit a list of the names and addresses of the property owners. This list must be prepared and certified by a certified abstract company. IN ORDER TO ENSURE PROPER NOTIFICATION, ALL PROPERTY OWNERS LISTS MUST BE ACCOMPANIED BY A MAP IDENTIFYING THE SUBJECT SITE AND THE REQUIRED NOTIFICATION RADIUS. THE MAP, AS WELL AS THE LIST, MUST BE ACCOMPANIED BY A STATEMENT CERTIFYING THE LIST HAS BEEN PREPARED BY A CERTIFIED ABSTRACT COMPANY. THE STATEMENT MUST BE SIGNED BY THE ABSTRACT COMPANY. Thank you for your attention to this matter. If you have any questions, please contact me at 447-4230. I: \handouts\certI ist.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER CITY OF PRIOR LAKE 16200 EAGLE CREEK AVE SE PRIOR LAKE, MN 55372 (952) 447-4230, FAX (952) 447-4245 RECEIPT # 41684 DATE: IC. 97 -09- Received of I-==< CU\-...cL4 C.)~Lf'}\f/),-Q.. t.:..<'l U ) I /', I ..-1. ru ILA :"':_' the sum of C V J(__ (- II LJ-l (L.,. n h-{ -It..,; -U....r ~ \....- ~ '..J for the purpose of --- rt.allacs.. U (~' y...., i' ^ b'~! (; /~ , ... ... ..1_ ._ ,--",-".r , '-~ $ ! ~=SCI. (y- Invoice # . ;ti-..---,. .Q: -.... /" [. r., ...., I-.J:-~.. -~,' (_F~.. , ~rL.J;~. . -~... t:./ ,l'-ij !/,", ,.) 'diPt Clerk fdo- t .city of Prio~' \ VariaDce Request for Randy & Patrice Simpson 2933 Spring Lake Road Prior Lake MN. 55372 The applicants hereby request an interpretation of Section 1102.405 paragraph 4 relating to setbacks and the definition of a comer lot. In the event Staff and the Planning Commission rule in the fact the applicants do have a comer lot, the applicants request a variance for setback from 25 feet to 10 feet. The applicants bought the home in 1999 and in 1990 built on a addition that included a garage and family room that was within 20 feet of the vacated 6th street. Staff at this time did not interrupt the lot as a comer lot and permitted the addition. Now twelve years later staff to be a comer lot has interrupted the same lot and now we are not able to extend our garage as requested. The plans are to build 698-sq. ft. garage connected to the existing garage and extended out to the setback for an ordinary platted lot of 10 feet. By attaching the garage storage area can be connected and the plan would be visually pleasing and would not have the look of an ill-planned addition. Along with the garage additional living space would be added to the east that would not need a variance. The request ofthe Simpson's is based on the following 1. City Staff has previously allowed building to the west and did not require a variance for setbacks. Staff at that time did not view our lot as a comer lot. 2. The property was platted in 1857, which is now 145 years ago and to date no road has been constructed or maintained as a roadway. Also the fact the road deed ends 150 feet for the intersection with Spring Lake Road and was never platted to the lake. In our eyes there is no purpose for this lot being interrupted as a comer lot. 3. Scott County District Court Hauser vs Dvorak addresses abandon streets in and around the platted roadway in question. 4. The City vacated 'l2 of platted 6th Street in 1977. It appears Council at that time also did not see the need to keep the publics interest in this unused roadway. 5. Zoning ordinance can not be written to cover all lots and in this case the 25foot set back is excessive for 'l2 of an unused street. This lot should be considered as an interior lot. 6. The zoning ordinance would allow us to build a larger structure of 832 sq. ft. as close as 5 foot with a 10 foot average on the other side of the lot. If attached this structure is only limited by impervious surface. If my calculations are correct I could build a 2171 sq. ft. garage if attached. 7. I believe it is in the interest of the homeowner and the City to see a garage that is architectualy pleasing attached to the home vs. a freestanding garage in the front yard. Two other considerations to resolve this issue would be to 1. Vacate the Platted Street completely and use the new proposed County Park to the west as access to the lake. Vacated street would then be turned over to the adjoining owners. 2. Vacate the Street and retain the property as a park or walk way access to the lake. Thank you in advance for you consideration in this matter. Please feel free to contact me with any questions or additional supporting documents. Randy Simpson OCT -8 m .J \~I..o,- ..~. .----"--_._-~ -__ -~- IlbA1U~G ~O'l'ICbS - L:\TEMPLA TE\FILEINFO.DOc NOTICE OF PUBLIC HEARING TO CONSIDER A VARIANCE FROM THE ZONING ORDINANCE FOR THE CONSTRUCTION OF AN ADDITION TO A SINGLE F AMIL Y DWELLING You are hereby notified that the Prior Lake Planning Commission will hold a public hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road SE (Southwest of the intersection of County Road 21 and Fish Point Road), on: Monday, October 28, 2002, at 6:30 p.m. or as soon thereafter as possible. REQUESTS: The applicant is requesting a variance from the 25 foot front yard setback for the construction of an addition to a single family dwelling. APPLICANT: Randy Simpson SUBJECT SITE: 2933 Spring Lake Road SW, Prior Lake, MN, legally described as Lot 6 and part of Lot 5, Block 50, Spring Lake Townsite, Scott County, Minnesota. If you are interested in this issue, you should attend the hearing. Questions related to this hearing should be directed to the Prior Lake Planning Department by calling 447- 9810 between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. The Planning Commission will accept oral and/or written comments. Oral or written comments should relate to how the proposed construction and requested variances are or are not consistent with the Zoning Ordinance and variance hardship criteria. Prepared this 8th day of October 2002. Cynthia Kirchoff, AICP, Planner City of Prior Lake To be published in the Prior Lake American on October 12, 2002. L: \02FILES\02variances \Public Hearing N otice.doc NOTICE OF PUBLIC HEARING TO CONSIDER A VARIANCE FROM THE ZONING ORDINANCE FOR THE CONSTRUCTION OF AN ADDITION TO A SINGLE F AMIL Y DWELLING You are hereby notified that the Prior Lake Planning Commission will hold a public hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road SE (Southwest of the intersection of County Road 21 and Fish Point Road), on: Monday, October 28, 2002, at 6:30 p.m. or as soon thereafter as possible. REQUESTS: The applicant is requesting a variance from the 25 foot front yard setback (which is the side street of a corner lot) for the construction of an addition to a single family dwelling. APPLICANT: Randy Simpson SUBJECT SITE: 2933 Spring Lake Road SW, Prior Lake, MN, legally described as part of Lot 5 and all of Lot 6, Block 50, Spring Lake Townsite, Scott County, Minnesota. If you are interested in this issue, you should attend the hearing. Questions related to this hearing should be directed to the Prior Lake Planning Department by calling 447- 9810 between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. The Planning Commission will accept oral and/or written comments. Oral or written comments should relate to how the proposed construction and requested variances are or are not consistent with the Zoning Ordinance and variance hardship criteria. Prepared this 14h day of October 2002. Cynthia Kirchoff, AICP, Planner City of Prior Lake To be mailed to property owners within 350 feet of the subject site on October 17, 2002. L: \02FILES\02variances \02-113 \Mailed N otice.doc _ .____ , ....._...___ __,_u.___..~... ~_' .'..'- .. ... .~..,_....._.....:., .... ..'0 .....A."'..~__.. ....... . . i .l ~ailing Information and Lists L:\TEMPLA TE\FILEINFO.DOC PR~ l' ~ :t-::!p NOTICE OF PUBLIC HEARING TO CONSIDER A VARIANCE FROM THE ZONING ORDINANCE FOR THE CONSTRUCTION OF AN ADDITION TO A SINGLE F AMIL Y DWELLING You are hereby notified that the Prior Lake Planning Commission will hold a public hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road SE (Southwest of the intersection of County Road 21 and Fish Point Road), on: Monday, October 28, 2002, at 6:30 p.m. or as soon thereafter as possible. REQUESTS: The applicant is requesting a variance from the 25 foot front yard setback (which is the side street of a corner lot) for the construction of an addition to a single family dwelling. APPLICANT: Randy Simpson SUBJECT SITE: 2933 Spring Lake Road SW, Prior Lake, MN, legally described as part of Lot 5 and all of Lot 6, Block 50, Spring Lake Townsite, Scott County, Minnesota. If you are interested in this issue, you should attend the hearing. Questions related to this hearing should be directed to the Prior Lake Planning Department by calling 447- 9810 between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. The Planning Commission will accept oral and/or written comments. Oral or written comments should relate to how the proposed construction and requested variances are or are not consistent with the Zoning Ordinance and variance hardship criteria. Prepared this 14h day of October 2002. Cynthia Kirchoff, AICP, Planner City of Prior Lake To be mailed to property owners within 350 feet of the subject site on October 16, 2002. L: \02FILES\02variances \02-113 \Mailed N otice.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER II I, / / <c..' .fJ.,~ o ",1- fJ.,'O ~ V' ... ~ , ,~ '" '~ 92~/'~ ,~~ /. _, 1-...',- ~ ':.-// ' /0 (J.-(>~.A (9 1-..,. V .0> 0",', 60:", & (~+~~. SO ,0.. \TO. '.<< ," ~~../'~ . - '::. ." ~6" 1-",\ ..L'l"l ;',.: ~ .(~, .. . .~.. , ..' . /" . <?\:,.;.. /."'. i~" " +1' ... ~tP" / o<r'" .<." . q.~.,/ "" / ~ <lJ~ ;. .. . ~ ./ ,', 0 / . 0' /\324.0 . ,. o. ;'/ "-,:'. - ......& ~API\Gl ." .;, .. . 'r' . . ".oI~ ," ;'SlAB EL ./.....'"':.' ." ',,'" ,~ ., / 924.02 -;. :.. .. ...,":. .. 9228 .l . ,.. . ~'" ", .', ~'\:. :..~~:':.}. "OJ- >_ ~ <; ...~.. ~' . (}'./ (..::.. '0....'."..,// .~ ..- ~,,~ .. ~,'" HOUSE ~ "~i1.."'''' ,_ -! /" .,0 8\hJmino'J$ Oft """ e' > ~(92t 4 " ~,. + Oriveway \.0 v.,.(<' 0 W/O EL _"\, "" 00 ../ 00 v+ ~> \." - 918 05 , I- r* qg "' . f /""'" ~, ~ 't: '---" ,j.v 1- ,..,-,.. ~ > .' /.," ~ ~ "Ii ',,- ";;(9'" 917.6 .')~'o;')+ ,". ;I- ,0" " .-A~ . "\. j . 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MNIM OY\ \J n f\A iJJJAA ~ ~~ , by mailing to a copy tftereof, enclosed in an envelope, postage prepaid, and be depositing same in the post office at Prior Lake, Minnesota, the last known address of the parties. t)ACwv~~ ( Subscribed and sworn to be this day of , 2002. NOTARY PUBLIC L. IDEPTWORKIBLANKFRM\MAILAFFD.DOC Property Ovvners vvithin 350 feet of Simpson Variance 500 I o 500 Feet I ~ N PID SHSRTN SHHOUS SHSTRE SHCITY S SHZI HOUSGS STREGS SIT ADIR PRPLA T PR PR LEGAL1 300 251330530 SCHNEIDER,JEFFREY & JENNIFE 18934 300 ST NEW PRAGUE M 56071 2935 CENTER RD SW PLAT-25133 SPRING LAKE TOWNSITE 5& 36 251330530 SCHNEIDER.JEFFREY & JENNIFE 18934 300 ST NEW PRAGUE M 56071 2935 CENTER RD SW PLAT-25133 SPRING LAKE TOWNSITE 5& 36 PIO 12 & VAC ALLEY COM W COR OF LOT 7 BLK 36. NW 16.74' TO POB. NW TO S COR OF LOT 12 BLK37, NW 20.74.. NE TO SW LINE OF LOT 1 BLK 37. SW TO CL OF VAC 7 ST. SW TO SL OF VAC ALL YSE TO INT W/LINE DRAWN NE 251330584 RANDOLPH.JEFFREY & CA THERI 2888 SPRING LAKE RD PRIOR LAKE M 55372 2888 SPRING LAKE RD SW PLAT-25133 SPRING LAKE TOWNSITE 12 37 FROMPOB. SW TO POB. 300 251330520 CAMPBELL,JAMES S & JULIE A 2953 CENTER RD SW PRIOR LAKE M 55372 2953 CENTER RD SW PLAT-25133 SPRING LAKE TOWNSITE 3& 36 251330520 CAMPBELL.JAMES S & JULIE A 2953 CENTER RD SW PRIOR LAKE M 55372 2953 CENTER RD SW PLAT-25133 SPRING LAKE TOWNSITE 3& 36 251330585 BYRKIT.STEVEN M 2900 SPRING LAKE RD SW PRIOR LAKE M 55372 2900 SPRING LAKE RD SW PLAT-25133 SPRING LAKE TOWNSITE 7 36 & PIO VAC ALLEY & 7TH ST 251330510 BRDOKS.WADE J 2971 CENTER ST SW PRIOR LAKE M 55372 2971 CENTER RD SW PLAT-25133 SPRING LAKE TOWNSITE 1& 36 251330560 FLEEK.MYLES B 2908 SPRING LAKE RD SW PRIOR LAKE M 55372 2908 SPRING LAKE RD SW PLAT-25133 SPRING LAKE TOWNSITE 8 38 & LOTS 9& 10 251330510 BRooKS.WADE J 2971 CENTER ST SW PRIOR LAKE M 55372 2971 CENTER RD SW PLAT-25133 SPRING LAKE TOWNSITE 1& 36 251330560 FLEEK.MYLES B 2908 SPRING LAKE RD SW PRIOR LAKE M 55372 2908 SPRING LAKE RD SW PLAT-25133 SPRING LAKE TOWNSITE 8 38 &LOTS9&10 251330860 SCHIPPER.MICHAEL L & SUZANN 2883 SPRING LAKE RD SW PRIOR LAKE M 55372 2883 SPRING LAKE RD SW PLAT-25133 SPRING LAKE TOWNSITE 6 49 & VAC ST BETW. BLKS 48 & 49 251330560 FLEEK. MYLES B 2908 SPRING LAKE RD SW PRIOR LAKE M 55372 2908 SPRING LAKE RD SW PLAT-25133 SPRING LAKE TOWNSITE 8 36 & LOTS 9& 10 251330860 SCHIPPER.MICHAEL L & SUZANN 2883 SPRING LAKE RD SW PRIOR LAKE M 55372 2883 SPRING LAKE RD SW PLAT-25133 SPRING LAKE TOWNSITE 6 49 & VAC ST BETW. BLKS 48 & 49 200 251330570 MCNEAL.JAMES E 2922 SPRING LAKE RD SW PRIOR LAKE M 55372 2922 SPRING LAKE RD SW PLAT-25133 SPRING LAKE TOWNSITE 11 36 & LOT 12 251330470 WAL TERS.FORREST W & LOIS E 2993 CENTER RD SW PRIOR LAKE M 55372 0 PLAT-25133 SPRING LAKE TOWNSITE 3& 35 251330850 HEINZ.MARK S & MARY K 2895 SPRING LAKE RD PRIOR LAKE M 55372 2895 SPRING LAKE RD SW PLAT.25133 SPRING LAKE TOWNSITE 4& 49 & NW25' OF LOT 3 251330570 MCNEAL.JAMES E 2922 SPRING LAKE RD SW PRIOR LAKE M 55372 2922 SPRING LAKE RD SW PLAT-25133 SPRING LAKE TOWNSITE 11 38 & LOT 12 251330471 WALTERS.FORRESTW&LDIS E 2993 CENTER RD SW PRIOR LAKE M 55372 2993 CENTER RD SW PLAT-25133 SPRING LAKE TOWNSITE 4& 35 251330850 HEINZ.MARK S & MARY K 2895 SPRING LAKE RD PRIOR LAKE M 55372 2895 SPRING LAKE RD SW PLAT-25133 SPRING LAKE TOWNSITE 4& 49 & NW25. OF LOT 3 251330471 WALTERS.FORRESTW&LOIS E 2993 CENTER RD SW PRIOR LAKE M 55372 2993 CENTER RD SW PLAT-25133 SPRING LAKE TOWNSITE 4& 35 251330850 HEINZ.MARK S & MARY K 2895 SPRING LAKE RD PRIOR LAKE M 55372 2895 SPRING LAKE RD SW PLAT-25133 SPRING LAKE TOWNSITE 4& 49 & NW25. OF LOT 3 251330470 WAL TERS.FORREST W & LOIS E 2993 CENTER RD SW PRIOR LAKE M 55372 0 PLAT-25133 SPRING LAKE TOWNSITE 3& 35 251330470 WAL TERS.FORREST W & LOIS E 2993 CENTER RD SW PRIOR LAKE M 55372 0 PLAT-25133 SPRING LAKE TOWNSITE 3& 35 & PIO 8 LYING NW OF LINE COM SCOR. NW TO POB. NE PARALLEL TOSE LINE 251330480 WEEKS.LARRY 0 & SHARIL YN 2936 SPRING LAKE RD PRIOR LAKE M 55372 2936 SPRING LAKE RD SW PLAT-25133 SPRING LAKE TOWNSITE 7 35 TO NE LINE & THERE TERMINATING. 251330840 HEINZ.RICHARD J 2913 SPRING LAKE RD SW PRIOR LAKE M 55372 2913 SPRING LAKE RD SW PLAT-25133 SPRING LAKE TOWNSITE 2 49 & SI/2 OF LOT 3 251330840 HEINZ.RICHARD J 2913 SPRING LAKE RD SW PRIOR LAKE M 55372 2913 SPRING LAKE RD SW PLAT-25133 SPRING LAKE TOWNSITE 2 49 & S1/2 OF LOT 3 251330473 TOBIAS.MARK R 3009 CENTER RD SW PRIOR LAKE M 55372 3009 CENTER RD SW PLAT-25133 SPRING LAKE TOWNSITE 2 35 & PIO 8 LYING NW OF LINE COM SCOR. NW TO POB. NE PARALLEL TOSE LINE 251330460 WEEKS.LARRY 0 & SHARILYN 2936 SPRING LAKE RD PRIOR LAKE M 55372 2938 SPRING LAKE RD SW PLAT-25133 SPRING LAKE TOWNSITE 7 35 TO NE LINE & THERE TERMINATING. & PIO 8 LYING SE OF LINE COM SCOR. NW 25' TO POB. NE PARALL.TO SE LINE 251330490 HAAS.ROLAND G & MARY 2946 SPRING LAKE RD PRIOR LAKE M 55372 2946 SPRING LAKE RD SW PLAT-25133 SPRING LAKE TOWNSITE 9 35 TO NE LINE & THERE TERMINATING. 251330830 HAUER.WILLlAM A & RENELDA 1426 4AVE SHAKOPEE M 55379 2923 SPRING LAKE RD SW PLAT-25133 SPRING LAKE TOWNSITE 1 49 W45'OF 251330472 SCHERER.KENNETH J & DEBRA M' 16910 L1MERD PRIOR LAKE M 55372 16910 LIME RD SW PLAT-25133 SPRING LAKE TOWNSITE 1 35 251330473 TOBIAS.MARK R 3009 CENTER RD SW PRIOR LAKE M 55372 3009 CENTER RD SW PLAT-25133 SPRING LAKE TOWNSITE 2 35 & PIO 8 LYING SE OF LINE COM SCOR. NW 25' TO POB. NE PARALL.TO SE LINE 251330490 HAAS.ROLAND G & MARY 2948 SPRING LAKE RD PRIOR LAKE M 55372 2946 SPRING LAKE RD SW PLAT-25133 SPRING LAKE TOWNSITE 9 35 TO NE LINE & THERE TERMINATING. 200 E 5. OF 1-49 W 26. OF 5 & PIO VACATED 251330890 SIMPSON.RANDY 0 & PATRICE L 2933 SPRING LAKE RD SW PRIOR LAKE M 55372 2933 SPRING LAKE RD SW PLAT-25133 SPRING LAKE TOWNSITE 6 50 ST E 5. OF 1-49 W 26. OF 5 & PIO VACATED 251330890 SIMPSON.RANDY 0 & PATRICE L 2933 SPRING LAKE RD SW PRIOR LAKE M 55372 2933 SPRING LAKE RD SW PLAT-25133 SPRING LAKE TOWNSITE 6 50 ST PIO LOtS 10-12 COM S COR OF 12NE 71' TO POB. NW TO NW LINE OF LOT 10. NE TO N COR OF 10. SE TO E COR 251330500 SCHAEFER.ROBERT J 15223 BLUEDORN CIR SE PRIOR LAKE M 55372 16930 LIME RD SW PLAT-25133 SPRING LAKE TOWNSITE 35 OF 12. SW TO POB. E 5. OF 1-49 W 28. OF 5 & PIO VACATED 251330890 SIMPSON,RANDY 0 & PATRICE L 2933 SPRING LAKE RD SW PRIOR LAKE M 55372 2933 SPRING LAKE RD SW PLAT-25133 SPRING LAKE TOWNSITE 6 50 ST 251330472 SCHERER.KENNETH J & DEBRA M' 16910 L1MERD PRIOR LAKE M 55372 16910 LIME RD SW PLAT-25133 SPRING LAKE TOWNSITE 1 35 PIO LOTS 10-12 COM S COR OF 12NE 71. TO POB. NW TO NW LINE OF LOT 10. NE TO N COR OF 10, SE TO E COR 251330500 SCHAEFER. ROBERT J 15223 BLUEDORN CIR SE PRIOR LAKE M 55372 16930 LIME RD SW PLAT-25133 SPRING LAKE TOWNSITE 35 OF 12. SW TO POB. ~ ~Ch1.-- )'S(9nS t- b0v PID SHSRTN SHHOUS SHSTRE SHCITY S SHZI HOUSGS STREGS STT ADIR PRPLA T PR PR LEGAL 1 PIO LOTS 10-12 COM S COR OF 12NE 71. TO POB. NW TO NW LINE OF LOT 10, NE TO N COR OF 10. SE TO E COR 251330500 SCHAEFER. ROBERT J 15223 BLUEDORN CIR SE PRIOR LAKE M 55372 16930 LIME RD SW PLAT-25133 SPRING LAKE TOWNSITE 35 OF 12. SW TO POB. E 5. OF 1-49 W 26. OF 5 & PIO VACATED 251330890 SIMPSON.RANDY D & PATRICE L 2933 SPRING LAKE RD SW PRIOR LAKE M 55372 2933 SPRING LAKE RD SW PLAT-25133 SPRING LAKE TOWNSITE 6 50 ST PIO LOTS 10-12 COM S COR OF 12NE 71. TO POB. NW TO NW LINE OF LOT 10, NE TO N COR OF 10. SE TO E COR 251330500 SCHAEFER.ROBERT J 15223 BLUEDORN CIR SE PRIOR LAKE M 55372 16930 LIME RD SW PLAT-25133 SPRING LAKE TOWNSITE 35 OF 12, SW TO POB. PIO LOTS 10-12 COM S COR OF 12NE 71' TO POB. NW TO NW LINE OF LOT 10. NE TO N COR OF 10. SE TO E COR 251330500 SCHAEFER. ROBERT J 15223 BLUEDORN CIR SE PRIOR LAKE M 55372 16930 LIME RD SW PLAT-25133 SPRING LAKE TOWNSITE 35 OF 12. SW TO POB. & E 22' OF 5 & PIO RESERVE COMS COR OF 3. NE TO SE COR OF 2.NW 2513308S0 PALMBY,ROBERT J & COLLEEN A 2949 SPRING LAKE RD SW PRIOR LAKE M 55372 2949 SPRING LAKE RD SW PLAT-25133 SPRING LAKE TOWNSITE 3& 50 122.72", ETC. & E 22. OF 5 & PIO RESERVE COMS COR OF 3. NE TO SE COR OF 2.NW 2513308S0 PALMBY.ROBERT J & COllEEN A 2949 SPRING LAKE RD SW PRIOR LAKE M 55372 2949 SPRING LAKE RD SW PLAT-25133 SPRING LAKE TOWNSITE 3& 50 122.72'. ETC. 200 PIO LOTS 10-12 COM S COR OF 12NE 71' TO POB. NW TO NW LINE OF LOT 10, NE TO N COR OF 10. SE TO E COR 251330500 SCHAEFER.ROBERT J 15223 BLUEDORN CIR SE PRIOR LAKE M 55372 16930 LIME RD SW PLAT-25133 SPRING LAKE TOWNSITE 35 OF 12. SW TO POB. & E 22. OF 5 & PIO RESERVE COMS COR OF 3. NE TO SE COR OF 2.NW 251330680 PALMBY.ROBERT J & COLLEEN A 2949 SPRING LAKE RD SW PRIOR LAKE M 55372 2949 SPRING LAKE RD SW PLAT-25133 SPRING LAKE TOWNSITE 3& 50 122.72', ETC. PIO LOTS & VAC CENTER ST COM NE COR OF 12-34. NW 107.5.. NE32. TO POB. SE 85.. NE 156.. NW 85.. SW 156. 251330460 BURNETT.BENJAMIN L & ALLISON 3040 CREEKVIEW CIR SW PRIOR LAKE M 55372 3040 CREEKVIEW CIR SW PLAT.25133 SPRING LAKE TOWNSITE 1.3 34 TO POB. 251330870 DEVET.CHARLES F & PATRICIA A 2965 SPRING LAKE RD PRIOR LAKE M 55372 2965 SPRING LAKE RD SW PLAT-25133 SPRING LAKE TOWNSITE 1& 50 & 5T,", ST BETWEEN BLKS 50 & 51 PIO LOTS & VAC CENTER ST COM NE COR OF 12-34. NW 107.5.. NE32" TO POB, SE 85'. NE 156'. NW 85.. SW 156" 251330460 BURNETT.BENJAMIN L & AlliSON 3040 CREEKVIEW CIR SW PRIOR LAKE M 55372 3040 CREEKVIEW CIR SW PLAT-25133 SPRING LAKE TOWNSITE 1-3 34 TO POB. [51330870 DEVET.CHARLES F & PATRICIA A 2965 SPRING LAKE RD PRIOR LAKE M 55372 2965 SPRING LAKE RD SW PLAT-25133 SPRING LAKE TOWNSITE 1& 50 & 5TH ST BElWEEN BLKS 50 & 51 900 [51330870 DEVET.CHARLES F & PATRICIA A 2965 SPRING LAKE RD PRIOR LAKE M 55372 2965 SPRING LAKE RD SW PLAT-25133 SPRING LAKE TOWNSITE 1& 50 & 5TH ST BElWEEN BL~S 50 & 51 PIO LOTS & VAC CENTER ST COM NE COR OF 12-34. NW 107.5.. NE32. TO POB. SE 85.. NE 156.. NW 85'. SW 156' :1,51330460 BURNETT. BENJAMIN L & ALLISON 3040 CREEKVIEW CIR SW PRIOR LAKE M 55372 3040 CREEKVIEW CIR SW PLAT-25133 SPRING LAKE TOWNSITE 1-3 34 TO POB. PIO LOTS & VAC CENTER ST COM NE COR OF 12-34, NW 107.5.. NE32' TO POB. SE 85.. NE 156.. NW 85'. SW 156. :1,51330460 BURNETT.BENJAMIN L & AlliSON 3040 CREEKVIEW CIR SW PRIOR LAKE M 55372 3040 CREEKVIEW CIR SW PLAT.25133 SPRING LAKE TOWNSITE 1-3 34 TO POB. 200 [51330870 DEVET,CHARLES F & PATRICIA A 2965 SPRING LAKE RD PRIOR LAKE M 55372 2965 SPRING LAKE RD SW PLAT.25133 SPRING LAKE TOWNSITE 1& 50 & 5TH ST BElWEEN BLKS 50 & 51 300 200 ~1330870 DEVET.CHARLES F & PATRICIA A 2965 SPRING LAKE RD PRIOR LAKE M 55372 2965 SPRING LAKE RD SW PLAT-25133 SPRING LAKE TOWNSITE 1& 50 & 5TH ST BElWEEN BLKS 50 & 51 & PIO RESERVE LYING SW OF & ADJ 251330940 OLSON.MELVIN B & LAVONNE E 2977 SPRING LAKE RD SW PRIOR LAKE M 55372 2977 SPRING LAKE RD SW PLAT -25133 SPRING LAKE TOWNSITE 5& 51 TO LOTS 5-8 BLK 51 [51330870 DEVET.CHARLES F & PATRICIA A 2965 SPRING LAKE RD PRIOR LAKE M 55372 2965 SPRING LAKE RD SW PLAT -25133 SPRING LAKE TOWNSITE 1& 50 & 5TH ST BElWEEN BLKS 50 & 51 9 & PIO RESERVE LYING SW OF & ADJ :1,51330940 OLSON.MELVIN B & LAVONNE E 2977 SPRING LAKE RD SW PRIOR LAKE M 55372 2977 SPRING LAKE RD SW PLAT-25133 SPRING LAKE TOWNSITE 5& 51 TO LOTS 5-6 BLK 51 200 & PIO RESERVE LYING SW OF & ADJ 1.51330940 OLSON.MELVIN B & LAVONNE E 2977 SPRING LAKE RD SW PRIOR LAKE M 55372 2977 SPRING LAKE RD SW PLAT.25133 SPRING LAKE TOWNSITE 5& 51 TO LOTS 5-6 BLK 51 NEW ABSTRACTS CONTINUATIONS CLOSING SERVICE REGISTERED PROPERTY ABSTRACTS TITLE INSURANCE RECORDING SERVICE SCOTT COUNTY ABSTRACT AND TITLE, INC. 223 HOLMES STREET, P.O. BOX 300 SHAKOPEE, MINNESOTA 55379 DAVID E. MOON EN Phone: (952) 445-6246 Fax: (952) 445-0229 OCT - 8 2002 ,.I t-.,,~ ..__c";"'" September 23,2002 _~_.J Randy and Patrice Simpson 2933 Spring Lake Road Prior Lake, MN 55372 To Whom it May Concern: According to the 2002 tax records in the Scott County Treasurer's Office, the following persons listed on Exhibit "N' are the owners ofthe property which lies within 350 feet ofthe following described property: The Northwesterly 28 feet of Lot 5, and all of Lot 6, Block 50, in the Town of Spring Lake, Scott County, Minnesota, according to the plat thereof on file and of record in the office of the Register of Deeds in and for said county and state. (0. D. Cert. No. 24548) AND Tract A: The Southeasterly 5.00 feet of Lot 1, Block 49, plat of Spring Lake Townsite, and that part of the vacated Reserve in said plat lying Southeasterly of the Southwesterly extension of the northwesterly line of said Southeasterly 5.00 feet and lying Northwesterly of the Southwesterly extension of the northwesterly line of Sixth Street in said plat. CONTINUED ON NEXT PAGE. MEMBER MINNESOTA LAND TITLE ASSOCIATION AGENT FOR CHICAGO TITLE INSURANCE COMPANY CONTINUED FROM PREVIOUS PAGE Tract B: That part of Sixth Street as shown in the plat of Spring Lake Townsite, and that part of the Reserve shown on said plat described as follows: Beginning at the most northerly comer of Block 50, in said plat~ thence Northwesterly along a line drawn to the most easterly comer of Block 49, of said plat a distance of 30.00 feet to the centerline of said Sixth Street~ thence Southwesterly along said centerline and its southwesterly extension a distance of253 feet more or less to the shoreline of Spring Lake; thence Southeasterly along said shoreline to its intersection with the southwesterly extension of the Southeasterly line of the Northwesterly 28.00 feet of Lot 5, Block 50 of said plat~ thence Northeasterly along said southwesterly extension to the southwesterly line of said Block 50; thence Northwesterly along said southwesterly line to the to the most westerly comer of said Block 50; thence Northeasterly along the northwesterly line of said Block 50, to the point of beginning, Scott County, Minnesota. (0. D. Cert. No. 25603) /l!r/L. David E. Moonen President Scott County Abstract & Title, Inc. JONATHON R & JILL M GAUBY 2958 SPRING LAKE RD SW PRIOR LAKE MN 55372 KENNETH J & DEBRA M SCHERER 16910 LIMERD PRIOR LAKE MN 55372 LARRYD & SHARILYNWEEKS 2936 SPRING LAKE RD PRIOR LAKE MN 55372 ROBERT J SCHAEFER 15223 BLUEDORN CIR SE PRIOR LAKE MN 55372 JAMES S & JULIE A CAMPBELL 2953 CENlbK RD SW PRIORLAKEMN 55372 MYLES B FLEEK 2908 SPRING LAKE RD SW PRIOR LAKE MN 55372 CAROLE M KITCH 2876 SPRING LAKE RD SW PRIOR LAKE MN 55372 FORREST W & LOIS E WALlbKS 2993 CENTER RD SW PRIOR LAKE MN 55372 MARK R TOBIAS 3009 CENTER RD SW PRIOR LAKE MN 55372 ROLAND G & MARY HAAS 2946 SPRING LAKE RD PRIOR LAKE MN 55372 GERALD J & KRISTINE ZISKOVSKY 2952 SPRING LAKE RD PRIOR LAKE MN 55372 PHYLLIS A HOPKINS 2935 CENTER RD SW PRIOR LAKE MN 55372 JAMES E MCNEAL 2922 SPRING LAKE RD SW PRIOR LAKE MN 55372 JEYl'KEY & CATHERINE RANDOLPH 2888 SPRING LAKE RD PRIOR LAKE MN 55372 .....r m.A- PAG~C'~~:~.- DALORES M CRAIG 2863 SPRING LAKE RD SW PRIOR LAKE MN 55372 RICHARD J HEINZ 2913 SPRING LAKE RD SW PRIOR LAKE MN 55372 MICHAEL L & SUZANNE SCHIPPER 2883 SPRING LAKE RD SW PRIOR LAKE MN 55372 ROBERT J & COLLEEN A PALMBY 2949 SPRING LAKE RD SW PRIORLAKEMN 55372 WILLIAM A & RENELDA HAUER 14264 AVE E SHAKOPEE MN 55379 MARK S & MARY K HEINZ 2895 SPRING LAKE RD PRIOR LAKE MN 55372 CHARLES F & PATRICIAADEVET 2965 SPRING LAKE RD PRIOR LAKE MN 55372 MELVIN B & LA VONNE E OLSON 2977 SPRING LAKE RD SW PRIOR LAKE MN 55372 ( "0, "'VI!! .k -:...fJllF~~~::_O~ -...... .- 10 UNno, ..0. u.CIlIa ~". ~o"\ . ~: ~ -- \ IlCnt .1. , ',. ',.<\ ... .' A". .':.;'~~::;~~:;'_:s $:." :-\~~t.::.,,1. ..,,~ "'4,,11. f;'..\l'_., ,r. ."'.. e;.'~. . .':~>\:?~~':~~.n._?~~:: c'., ~:. .;" 4. f..... ) ..... .;t:..,>,.- '.?;'/i.:;' \~7;;?;~~;f:i<\~'1~:;:5~' ;.:t;;; j,,' . ! :-'<:.' .;'" ..,. ,'~',,,. . .,..... . ,):\:'/:: \~'.'..~~'~r;::'/,::,~, ,~;:.~ I ,;J." "~"~ ~".;',t,"l-:-. I., . "'" '.-,,' ..... ,,' ',f , . ""11: ~ :, I "i . ;-'j: . . < ~. ",l" Original surveys and drawings " L:\TEMPLA TE\FILEINFO.DOc I 1 '.1 1 .1 I . . ;\ I I I .1 . . I ..1 . I ~ PlEPNIED FOR: RANDY SIMPSON 2833 SPRING lAI<E ROAD PRIOR LAKE. WN 55372 ( .~ (It I , / GRAPHIC SCALE JO ,~,~~) ~- ~ ,- Sc.le In Feet "' /- i.>A_RAGl" '" ,SLt.~ EL X '~'-1 " >" ~ ^'- , ~ .20....... . .....;0' ~. ~' . ^ .....G' 92Q.C" ~("~',_, <, \., " ) " ,/ / OE" \( \ I '.' ,d '<~ ,0; , ~ ~, ,,' / // ,.. / '" < .' h'/ ' /' ' .'" ,,~ , #" ","o<t?/ ,~/.." V", "o'~ -~ ,~., ;> ~ \? t' "'ooJ' !,': 4" .. / ,. ""-0.'" ...... :-... / .w,,~,'" ,.' '!', .s- " ,~//,\, <f'\~",,~ " ~ ~ ,,:.,. ,"to:--, ' '" ' _ ... . .,',' "",'" ~ '" 110 ,', .. _ " ' ./ '. r ", ,:,. , . ',,,/ " 00_ _,,"" <F:. '." ..,,~ , ," '" ..... ~" ,.' '" ,. ~ \ .:, .~~,~' ';J{~ >./ / '0.." .~ . "\:.,~ ,il" .".'" ...,'\of' "ct ","- ..'" ~ ' '" ..,u.., .' . ~ " f' .'" ~J'~,1- ~.u< V'_'. .', . .~ ' ' ,,' " " '. ..::".'" <;, 0 " /" _ /' ,H0l ( ," ~;./:' \ ;<" ,.." ,,",.' , ., ",',c'i';:'. " .. . ...: < o. ,,,C El ..,.."".. ..cO' ",,'~ G5 - '. '\ 0' "'"" '.~. ~C"~,;' ,19- " " ,~. .0 '/9IH ,f: >.. ",0 ., ",...' .,,~ / '0'. f' '\ \1>' ,of:-/ ' ,}~ .' V' .." '~'... :'~:'::.~ ~. ct 915:3 _...~'v - -,L)\ , ).,l-' \. "",;Ill" Hl..,u::>l . ., .' y' 9Z0_3 ~ /" 8,'lIm.,...,. Dr_way 0' .iH....Gf ''"~... ~ SLAP tL :liZ, . ~ I o;,ISt 'wI': t\.... ~13 83 / '1:.":" SPRING LAKE ., ," ,c [L ,H";,2 j" 28" fl8 . DENOlES IRON lIONUIllENT fOUND o DENOlES IRON IotONUIllENT SET -'NO IotARKED BY IotINNESOTA UCENSE NO.1018J .. VAUEf SURVE'tING co.. P.A. 1ee70 FRANICLIl 1RAIl SE. SUllt 2JO PIlIOR L.AI([ .... 55372 PH. (152) 447-2570 FAX (152) 447-2571 Pe..t:cel 1: ti' \.. '" Tl.e ~';cl:th'..:est.er:y 28 fe'8t of L~': 5 a:'.-:\ ~l:' of Lc":. 6, of Blo::~ 5:, in the Town ?f Spring Lake, Scott Cour,':J', :-:ir.neso':.a, a':;::o~dinq to the pl.at :l:ereof on file ar.d :::t re::ord in the Off Lee of tbl Fegist.eI" ':of t>&ed5 in and for said ~ounty and StAte-. Parcel II: :'ra.:': A; The $c:..:theast.rly 5.:J f.vt ::: 4.,ot 1. Block 49, plat of Spnng ~k. TO.....f;:lIlte, and tt.at par': of the '..aca..::.ed. Reserve in said plat ;"i;.n'i1 SC'.ltheaster:y of the South...esterl:,' exter,sior. of the Northwesterl:l lir.e of said Southeast.d',' 5.00 feet and :.,'.:.nq Nort~:...ti.terly of tr.. Sout.h"'est.erly ext&nsion of t;.e North....esterly 11r.e c! s.:.xth Str-eet :'0 said ;.:lat. Tract B: That part of Sixtr. Str.et as shewn in the plat of Sp::-ing Lake TO'G.site, arId that part ef the Reserve sho"''' in S4ld plat de5cr:.~d 4S follows: Beginn1ng at tr.e moat northerly corner of Block 50, in said plat; thence northwesterly along o!l line drawn to the tlCat ea.sterly corner of Block. 49, ':)f said plat a dutance cf h.::.i feet ':0 ,:r.. centerline of said Sixth Street: th.n~e south....ster:,. alono said center:ui8 ar.d lts southwesterly exter.sior. a. distance of 253 t.et, mere or le.a, to the shoreline of Spnng Lake: thence 8outl":eABterly along S41d sherelin. to Its intere!lectior. with t.r.. sO'.lt.h'",.sterly exter.sion of the southeasterl/ line of the north....esterly 28.GO feet of Lot 5, BIoel( se, of said pla.t; ther.ce northeuterlj" alonll sa.id southweaterly exter.sicn to the southwesterly line cf said Block 50; thence northwesterly alor.g said southwesterly llne to the ::o.c9t I....sterly corner of Baid Block. sa; then::e northeasterly alono the north....esterly line of said B:ccit 5), to the po::.r.t of t:..ginning, i~ OCT -8 am I.' .. : \', \ .U UL---. I L I h...y certify that this ..rwy wos prepared by me or under my direct al. -. . and thot I om a duly ~ Land Surw)'O' under the 10" 01 the State 01 Iotinn....ta. ;/ /('. ~,/j-<~rs """"""10 Li<:en... No. lot8J Oat"" th.-Z..:::-ol C..! 'G ",,",. . 2002 CITY OF PRIOR LAKE ImperviQus Surface Calculations .. (Tobe Submitted with Building PermitApplication) For All Properties Located.in the Shoreland District (SD). The Maximum Inlpervious Surface Coverage Permitted in 30 Percent. PropertyAddress "Z.."~O~~Y'\::\. \_~~. ~o A-n5~ Lot Area1J5,lDt]~ A~ue ~'-~\2.~Sq. Feet x 30% = .............. 1 ~ct V . ****************************************************************-***~*** HOUSE ATT\CHED GARAGE x x x = SQ. FEET ,4'1 LENGTH WIDTH = = TOT AL PRINCIPLE STRUCTURE...................... "':'''\\1 DETACHED BL~. G . (Garage~ \"2.-' x \l.t x -z.L?o TOT AL DETACHED BUILDINGS....................... ~ DIUVEWA Y/PA VED AREASe",.),... a~'\u-t. x , (Driveway-paved or not) to~ c.. ...~~ . X (Sidewalk/Parking Areas)t.(.)~" a~\ \\.e.. X = 4ot) = '17.- = \~q\.4 .'.j TOTAL PAVED AREAS......................................... "2..3'-P<O PATIOS/PORCHES/DECKS (Open Decks W' min. opening between boards, with a pervious surface beloW, . are not considered to be impervious) x x = x = I .... .' '" TOT AL- DECI(S................................~....................... N~w .etOfchf& ~J~\~,~,,~ OTHER . . p,. \~ X 3>0 = ~I.\o l~ X l'"2.. = \~O TOT AL 01AE"'R. ~ .~............................. ..?J.~.... ..... \ '2.. ~ U'Z..'2...?> I \~1~ I TOTAL IMPERVIOUS SURFACE I . ~VER I preparedBy 'is """e.- '"\('1"~ Date \6' '-\ '1'>"2.- Company \\~\k.\ 6 UR\\:'i\'l\~ (p.) ~ (\.Phone # 1..\41 ~ -z.S"1o ,. \.-.- ~ I CD ~ .--- ---..-..-.. (} u o 6) o c ... o o ! ~i' ... 'f--IO -i , ~o' ~ ~,' ... t-- .- ~ - --j , I I I f- 10' -1 1:- I L I T I I I>,) () 7 ""- ;~ I "^ i - / -F. N 0 ~ * ..t:. ~ o o ;.., I" -I:. ., , , '"" -l:.. / -.... ~ .." -~_. /ft. .'J_.. IOS.oo"U i j , -1~-1 _I.J I i .:~..~ .1 J .'1 ! AGENDA ITEM: SUBJECT: SITE: PRESENTER: REVIEWED BY: PUBLIC HEARING: DATE: CASE FILE#: INTRODUCTION: PLANNING REPORT 5B CONSIDER A VARIANCE FROM THE ZONING ORDINANCE FOR THE CONSTRUCTION OF AN ADDITION TO A SINGLE FAMILY DWELLING 2933 SPRING LAKE ROAD CYNTHIA KIRCHOFF, AICP, PLANNER JANE KANSIER, PLANNING COORDINATOR X YES NO-N/A OCTOBER 28, 2002 02-113 Randy and Patrice Simpson are requesting a variance from the zoning ordinance for the construction of a garage addition to an existing single family dwelling on property zoned R-1 (Low Density Residential) and SD (Shoreland Overlay District) and located at 2933 Spring Lake Road (part of Lot 5 and all of Lot 6, Block 50, Spring Lake Townsite and 30 feet of vacated 6th Street right-of-way and a portion of the platted Reserve). The property is guided Urban Low/Medium Density Residential in the 2020 Comprehensive Plan. The property is a riparian lot that abuts Spring Lake. The property is also a comer lot with frontage on Spring Lake Road and 6th Street (an unimproved road). A single family dwelling, constructed in 1969, currently occupies the site. In 1992, an addition was constructed to the dwelling that does not comply with the minimum front yard setback from the 6th Street right-of-way. At its closest point, the dwelling is 19.3 feet from the property line. In order to construct the proposed addition shown on Attachment 3, the following variance is required: 1. A 15 foot variance from the required 25 foot front yard setback to allow a 10 foot setback. (Section 1102.405(3) Dimensional Standards.) BACKGROUND: Spring Lake Townsite was platted in the 1850s, so the individual lots do not comply with current minimum standards set forth in the shoreland ordinance. The subject site is a compilation of all of Lot 6 and 28 feet of Lot 5, along with a portion of vacated 6th Street and the platted Reserve abutting Spring Lake. A portion of the 6th Street right-of-way was 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Planning Report - Simpson Variance October 28, 2002 Page 2 vacated in 1977 and the reserve portion between the platted lots and the lake was vacated in 1987. The total property width is 108 feet and the area is approximately 27,300 square feet, both of which are consistent with minimum required dimensional standards for riparian lots on General Development waters. The existing single family dwelling maintains a nonconforming 19.3 foot front yard setback from the 6th Street right-of-way. The garage portion of the existing dwelling maintains a 60 foot setback from the property line abutting Spring Lake Road. DISCUSSION: In conjunction with the variance application, the applicant seeks an appeal of staff's interpretation of the subject property being considered a corner lot. The zoning ordinance defines a corner lot as "a lot situated at the junaian of, and abutting on 2 ar IIlVle inters.:-"~~~6 streets... " The subdivision ordinance defmes a street as "a puhlic ar priu:tte tharougffare that is used, ar intended to l:x! used, far passa~ ar trcmd by pedestrians and whides." The property is located at the intersection of Spring Lake Road and 6th Street. Sixth Street is not an improved right-of- way, but is utilized for access to Spring Lake. The Spring Lake Townsite plat shows the right-of-way for 6th Street situated between Block 49 and 50. Therefore, the property is a comer lot, and the zoning ordinance requires that a corner lot have a front yard on each street (Section 1102.405(5). The applicant is seeking a variance to construct a 698 square foot garage addition to an existing single family dwelling. The addition is proposed to be located 10 feet from the property line abutting the 6th Street right-of-way and 42.5 feet from the property line abutting Spring Lake Road. The zoning ordinance requires structures to be set back 25 feet from the front lot line, which abuts a street. Also, comer lots are required to have a front yard on each street. The picture to the left shows the existing dwelling in relation to the 6th Street public right-of-way. Currently, the garage maintains a non-conforming setback. The zoning ordinance specifically prohibits "the enk/~/tau., intensification expansian, rebuilding ar c/vu;,1Sion of 11U1A.UIll.JII/~7es." The proposed addition seeks to expand an existing nonconformity by ... Planning Report - Simpson Variance October 28, 2002 Page 3 encroaching further into the required setback. A garage addition could be constructed on the property without encroaching into the setback. In order to justify a variance from zoning ordinance prOVlSlons, the applicant must demonstrate that an undue hardship is present. An undue hardship means that "the property in question CdJ1J1Ot re put to a reasonable use if used under cmditions allmm1 by the official \.tH UI ds, the plig/Jt of the Iandawrr is due to cirr:umstwAQ unique to the property na: crrated by the landawrr, and the v:uiance, if Oll-Uum, will na: alter that essential character of the locality." Since the property is zoned R -1, Low Density Residential, a reasonable use would be considered a single family dwelling with a two-stall attached garage. This use is present on the property. A garage addition could be constructed without a variance. Staff has prepared a site plan showing a 24 foot deep by 17 feet wide (408 square feet) addition that meets both required front yard setbacks (see Attachment 5). The suggested addition complies with the average 41 foot front yard setback from Spring Lake Road and the 25 foot setback from the 6th Street right-of-way. Applicant's Estimate of Hardship The applicant believes that "by attaching the garage [a] storage area can be connected and the plan would be visually pleasing and would not have the look of an ill-planned addition" and "the zoning ordinance would allow us to build a larger structure 832 sq. ft. as close as 5 foot with a 10 foot average on the other side of the lot. ... [I]t is in the interest of the homeowner and the City to see a garage that is architecturally pleasing attached to the home vs. a freestanding garage in the front yard." Further, "city staff has previously allowed building to the west and did not require a variance for setbacks. Staff at that time did not view our lot as a comer lot." The applicant has also mentioned "the City vacated ~ of platted 6th Street in 1977. It appears Council at that time also did not see the need to keep the public's interest in this unused roadway." HARDSHIP FINDINGS Section 1108.400 states that the Board of Adjustment may grant a Variance from the strict application of the provisions of the zoning ordinance, provided that: 1. Where by reason of nauvwness, 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 t.:.uuS 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 p.:...missible within the Use District in which said lot is located. Planning Report - Simpson Variance October 28, 2002 Page 4 The subject property has ample buildable area, since it is a compilation of a lot and a portion of another in addition to vacated right-of-way and Reserve area. There are no exceptional conditions associated with the property that present an undue hardship for the property owner. 2. Conditions applying to the stnlcture or land in question are peculiar to the property or immediately adjoining property, and do not apply, generally, to other land or stnlctures in the Use District in which the land is located. The alleged condition, that of this being a comer lot, is found throughout the City of Prior Lake. According to the zoning ordinance, two front yard setbacks are required on any comer lot. There are no peculiar conditions that apply to this property. 3. The granting of the proposed Variance is necessary for the preservation and enjoyment of a substantial property right of the owner. A reasonable use is present on the property. The 15 foot front yard setback variance is not necessary for the preservation and enjoyment of a substantial right of the property owner. Additional garage area can be constructed on the property without any variances. 4. The granting of the proposed Variance will not impair an adequate supply of light and air to the adjacent property, umeasonably increase the congestion in the public streets, increase the danger of frre, or endanger the public safety. Although the granting of the 15 foot front yard setback variance may not impact public safety, it will allow a structure to be located 10 feet from a property line and approximately 12 feet from an unimproved public right-of-way, which is used for Spring Lake access. 5. The granting of the Variance will not umeasonably impact on the character and development of the neighborhood, umeasonably diminish or impair established property values in the surrounding area, or in any other way impair the health, safety, and comfort of the area. The granting of the variance will impact the character of the neighborhood by allowing a structure to be located approximately 12 feet from an unimproved street, which is used as access to Spring Lake. 6. The granting of the proposed Variance will not be contrary to the intent of this Ordinance and the Comprehensive Plan. The granting of the 15 foot variance will be contrary to the intent of the zoning ordinance. One purpose is to encourage "the elimination of non-conformities or minimize their impact on adjacent properties." The proposed addition will expand the nonconformity of the setback. Planning Report - Simpson Variance October 28, 2002 Page 5 7. The granting of the Variance will not merely serve as a convenience to the applicant but is necessary to alleviate a demonstrable undue hardship or difficulty. The granting of the Variance will serve as a convenience to the applicant. There are other options for additional garage space, and an attached garage is already present on the site. 8. The hardship results from the application of the provisions of this Ordinance to the affected property and does not result from actions of the owners of the property. The alleged hardship directly results from actions of the property owner. Staff believes that the proposed design is what created this application for relief, not the applicable provisions of the zoning ordinance. 9. Increased development or construction costs or economic hardship alone shall not be grounds for granting a Variance. Although the garage addition will increase the value of the property, staff does not believe that it is the sole purpose of the request. CONCLUSION: The applicant is requesting a variance to construct a garage addition to a single family dwelling on property zoned R-1 and SD. The subject property complies with the minimum lot area and width established by the zoning ordinance for riparian lots. The applicant believes that this property should not be considered a comer lot because the right-of-way is not improved. The property is a comer lot and should be required to maintain all required setbacks as all other lots that front the intersection of two streets. The applicant's perceived hardship is self-created, since there are other options for the construction of additional garage space. A garage addition that meets the two required front yard setbacks can be constructed. Therefore, staff does not support the variance request because the applicant has not demonstrated a hardship. RECOMMENDATION: Staff recommends denial of the requested 15 foot front yard variance to allow a 10 foot setback from the 6th Street right-of-way based upon the following: 1. The applicant has failed to demonstrate that a hardship exists to warrant the granting of the variance. 2. A large garage addition can be constructed within the buildable area of the property. Planning Report - Simpson Variance October 28, 2002 Page 6 3. The addition would expand the nonconformity of the existing structure. However, should the Planning Commission approve this request, staff recommends the following conditions: 1. The resolution must be recorded at Scott County within 60 days of adoption. 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 building permit is subject to all other applicable city, county, and state agency regulations. ALTERNATIVES: 1. 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 supporting the vanance. 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. ACTIONS REOUIRED: The staff recommends denial of the request, thus requiring the following motion: 1. AMotion and second adopting Resolution 02-019PC denying a 15 foot variance from the required 25 foot front yard setback for the construction of an addition. ATTACHM:ENTS: 1. Location map 2. Applicant's letter 3. Survey 4. Addition plans 5. Conforming addition 6. A portion of Spring Lake Townsite plat 7. Applicable regulations 8. Resolution 02-019PC - _ocatton Map for Simpson Variance ATTACHMENT 1 -- \ ~~ n ! ~ect...S\~..- ~ ~ ~ ~ ----------- ~- - ~ 400 0 400 Feet c= ~~- ~ N 1\ - - - .-.... ~....--.-.....' Variance Request for Randy & Patrice Simpson 2933 Spring Lake Road Prior Lake MN. 55372 ATTACHMENT 2 The applicants hereby request an interpretation of Section 1102.405 paragraph 4 relating to setbacks and the definition of a comer lot. In the event Staff and the Planning Commission rule in the fact the applicants do have a comer lot, the applicants request a variance for setback from 25 feet to 10 feet. The applicants bought the home in 1999 and in 1990 built on a addition that included a garage and family room that was within 20 feet of the vacated 6th street. Staff at this time did not interrupt the lot as a comer lot and permitted the addition. Now twelve years later staff to be a comer lot has interrupted the same lot and now we are not able to extend our garage as requested. The plans are to build 698-sq. ft. garage connected to the existing garage and extended out to the setback for an ordinary platted lot of 10 feet. By attaching the garage storage area can be connected and the plan would be visually pleasing and would not have the look of an ill-planned addition. Along with the garage additional living space would be added to the east that would not need a variance. The request of the Simpson's is based on the following 1. City Staffhas previously allowed building to the west and did not require a variance for setbacks. Staff at that time did not view our lot as a comer lot. 2. The property was platted in 1857, which is now 145 years ago and to date no road has been constructed or maintained as a roadway. Also the fact the road deed ends 150 feet for the intersection with Spring Lake Road and was never platted to the lake. In our eyes there is no purpose for this lot being interrupted as a comer lot. 3. Scott County District Court Hauser vs Dvorak addresses abandon streets in and around the platted roadway in question. 4. The City vacated Y2 of platted 6th Street in 1977. It appears Council at that time also did not see the need to keep the publics interest in this unused roadway. 5. Zoning ordinance can not be written to cover all lots and in this case the 2Sfoot set back is excessive for 'li of an unused street. This lot should be considered as an interior lot. 6. The zoning ordinance would allow us to build a larger structure of 832 sq. ft. as close as 5 foot with a 10 foot average on the other side of the lot. If attached this structure is only limited by impervious surface. If my calculations are correct I could build a 2171 sq. ft. garage if attached. 7. I believe it is in the interest of the homeowner and the City to see a garage that is architectualy pleasing attached to the home vs. a freestanding garage in the front yard. Two other considerations to resolve this issue would be to 1. Vacate the Platted Street completely and use the new proposed County Park to the west as access to the lake. Vacated street would then be turned over to the adjoining owners. 2. Vacate the Street and retain the property as a park or walk way access to the lake. Thank you in advance for you consideration in this matter. Please feel free to contact me with any questions or additional supporting documents. Randy Simpson OCT - 8 2G02 . j APPL~A~ I "i~ I...C (~ER . IURW:Y PIlIPMED RlIt RANDY SIFSON 2133 SPRING LME ROAD PRIOR LAKE..... 55372 1 ~~ '.~.\ ~'\ it ,:1 ~ (;kAPHIC SC AL~ JO / S PR IN G t... 3"..2 J.. ~8 iJ" ", . OENOlES IRON lolONUllENT FOUND o OENOlES IRON llONUllENT SET AND llARKED BY IoIlNNESOTA UCENSE NO.IOlSJ . .---..r<' '"----'"" ATTACHMeNT"3: . v ^ -, .. / ~AAAGt.". 't.::.SL."~ EL X .,':';: "" \. _.A.;I~I 4 l1I......:.1.. \, ;F.. ./-.>'/ . '"" )0- ./ OEO, v. ..: 920.3 .~ " 81'","1IIIQ'. DrlMWGy ~~ .. \. ...,ISt 'w,': (L 313 e" / t.';,. ': LAKE ...................... ...................... PROPOSED ADDITION .. SURVEY \ ATTACHMENT 4 ."'T.... .": '.-.~~~'.".~-' ~-::-'-:~;:,':::----..-... , ATTACHMENT 5 , \, " ~ / V ~ .,' .."'..' / ,-( ~ ~~~, "^' '\ // , '" w~~ / ~~ < t;\~ <~, "\ ~, ""\,, ~6'. " "., ~<:>\,. . ''', ~ // ,>. ,,/ '~921.4 HuUSl -<!/,;~:_:, //.~:;> >--.- / 0. /~UECK ~./ / "\../ ,.920.3 ~ .. l).<?> ~"'''_'J... (,~.. ~ 'J ~/# // ~ B~lumlnoul Driveway "''' & ~~ ,,~.\.. '6> ~ ~~ ,. ~ ~: ,0 CONFOR MlNG ADDITION t' I .ll/j {/ '~'>~.,_., - '.. -. ~ '-~-~_._~-' . ~~.-- . I .... ~ ':." -. '. . --e,),.. 2" i ~ . iI~'.._ ~.' . _._..,,' ~l:, , r .. I. ~ .- -_.: '- -- - ,.: .2 ,,, ,.' " -. ~ : , I _~; . I r 3& I J- X I I L _.'.. .~ I " L ~ f'-~-: ~=- r L... " I :i. ,; : So ? II " ':L' .. $ T ~ , J : t I J I I I I ; I I I ' . 1 "tl ,'" 1 I : I ."".3 . - J .... 1 ~ CI) :i 7 2 J- ,. ~ -?, .t5 , 1 ~ (I) " t : ~ J ., J..... ,; en .- , , I .J ,/" t , , - \ ' ; ., , " TER 3.j "I~~.2.I' :t .... z .:.~ W- > . .r I " , , 2. I I _ I .r .. I :I !.2 I I I I I I w. I . " 4J ~I I I:J J en (/) i I ' i L... .., ! ~ ,;- ,/." // / .., -=:...... ,. I ., <...'" : ,. I ., T ~r: , <~.'''-~" . t. J. J' . '1 ~~ 'S'. . I , i a ; I ~ -. - - -" . ~. . '. -'-. - IJII~]~:! I, il ", L I:::::::::g:::::: R V r .". :.:.:.::::::::::........::::::: L ,_~-'-;' ~ J::::2:t .:.. ':_. ~.:~".' -;: - .. ../' " '//1 , i I '" i , I .2 .. i .J -. - - ..~--- ./ --- _. .~- . -.:' -- /' SUBJECT SITE . . .........--. -------.. L A N L( ;\ s A . PORTION OF SPRING LAKE TOWNSITE PLAT ". -' ZoninJ\!.JASttMENT 7 any customers or students, the home occupation has received a Certificate of Occupancy. j. All home occupations shall be subject to an annual inspection to insure compliance with the above conditions. k. All applicable permits from other governmental agencies have been obtained. (2) Group Day Care/Nursery School in a religious institution, community center, or academic educational institution complying with all of the following conditions: a. At least 40 square feet of outside play space per pupil is provided. b. The outside play areas are fenced and screened with a buffer yard. c. Drop off and loading points are established which do not interfere with traffic and pedestrian movements. 1102.405 Dimensional Standards. (1) No structure shall exceed 3 stories or 35 feet in height, whichever is less, except as provided in subsection 1101.508. (2) The ground floor area ratio within the R-1 Use District shall not exceed 0.3. (3) The following minimum requirements and those additional requirements, exception and modifications contained in provisions (4) through (9) below and in the Subdivision Ordinance shall govern the use and development of lots in the "R-1" Use District. -+ Lot Area (Sq. ft.) 12,000 Lot Width (ft.) Front Yard (ft.) 86 25 Side Yard (ft.) 10 Rear Yard (ft.) 25 (4) The depth of the front yard of a lot shall be at least 25 feet. If the average depth of at least 2 existing front yards, for buildings within 150 feet along the same block front of the lot in question are less or greater than 35 feet, the required front yard shall be the average depth of such existing front yards. However, the depth of a front yard shall not be less than 20 feet or be required to exceed 50 feet. ~ (5) Through lots and corner lots shall have a required front yard on each street. (6) The width of the side yard setback abutting a building wall shall be increased 2 inches for each 1 foot the length of the building wall exceeds 50 feet. The additional setback will not be applied if there is a break in the building wall equal to 10% of the entire length of the wall. For the purpose of this subsection, a wall includes any building wall within 10 degrees of being parallel to and abutting the side lot line of a lot. (Ord. 00-08 - pub. 6/10/00) - City of Prior Lake APPLICABLE REGULATIONS 1102/p14 May 22, 1999 ATTACHMENT 8 RESOLUTION 02-019PC A RESOLUTION DENYING A 15 FOOT VARIANCE FROM THE REQUIRED 25 FOOT FRONT YARD SETBACK FOR THE CONSTRUCTION OF AN ADDITION TO A SINGLE FAMILY DWELLING BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. Randy Simpson has applied for a 15 foot variance from the 25 foot front yard setback for the construction of an addition to an existing single family dwelling on property zoned R-1 (Low Density Residential) and SD (Shoreland Overlay) at the following location, to wit; 2933 Spring Lake Road, Prior Lake, MN, legally described as follows: the northwesterly 28 feet of Lot 5 and all of Lot 6, Block 50, Spring Lake Townsite and a portion of the vacated Reserve and the east 30 feet of the vacated 6th Street, Scott County, Minnesota. 2. The Board of Adjustment has reviewed the application for variances as contained in Case #02-113PC and held a hearing thereon on October 28, 2002. 3. 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. 4. The subject property has ample buildable area, since it is a compilation of a lot and a portion of another in addition to vacated right-of-way. There are no exceptional conditions associated with the property that present an undue hardship for the property owner. 5. The alleged condition, that this is a corner lot, is found throughout the City of Prior Lake. Two front yard setbacks are required on any corner lot. There are no peculiar conditions that apply to this property. 1: \02files \02variances \02-113 \deny resolution.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 6. A reasonable use is present on the property. The 15 foot front yard setback variance is not necessary for the preservation and enjoyment of a substantial right of the property owner. Additional garage area can be constructed on the property without any variances. 7. The granting of the variance will impact the character of the neighborhood by allowing a structure to be located approximately 12 feet from an unimproved street, which is used as access to Spring Lake. According to the survey submitted by the applicant, the other dwelling abutting the 6th Street right-of- way is located approximately 20 feet from the property line. 8. The granting of the Variance will serve as a convenience to the applicant. There are other options for additional garage space, and an attached garage is already present on the site. 9. The alleged hardship directly results from actions of the property owner. Staff believes that the proposed design is what created this application for relief, not the applicable provisions of the zoning ordinance. 10. The contents of Planning Case #02-113PC are hereby entered into and made a part of the public record and the record of decision for this case. CONCLUSION Based upon the Findings set forth above, the Board of Adjustment hereby denies the following variance to allow the construction of a single family dwelling as shown in Attachment 1 - Certificate of Survey: 1) A 15 foot variance from the required 25 foot front yard setback from to allow a 10 foot setback from the 6th Street right-of-way (Zoning Ordinance Section 1102.405 (3) Dimensional Standards.) Adopted by the Board of Adjustment on October 28, 2002. Anthony J. Stamson, Commission Chair ATTEST: Donald R. Rye, Planning Director 1: \02files \02variances \02-113 \deny resolution.doc 2 ~, " / / ... / , / ~/ '", .LL'., ",0" ~ GARAG~, , " >( '> HUUSl ,'/ " " / /~ .' 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" <~" :~r'o, ~ ..'0' 9,1.31 o(...i- .'v th,''iJSt .J- 916,6 :-'!-~ 1'/0 EL c,~ 915.3 '\.-l'~ _ 913.8.3 0' / &.. - -- f" -'" / / / / , '- --.---- ., 1.' .. '" , -:')0.,921.4 ",- . .. b~ ~\ '~~:~, />.~.:> .~/ .7 V '.920.3 a . .: . .":,.",. ~ . .... ~_.O ',~i~"/ /.- . "Qq.;/, D ",../ ,- .,' ">' .. ./ DECK ." \ '/ v' ,f Bttumtnous Orl....ay "', '"-,, u~ ~6-> "\.~(' . ~v~ " . ~ /\, Dl<:K '- ). " / , '~ S PR I N G LAKE . . ,0" EL 91U.Z 9 / ZB I 9B ATTACHMENT 1 . U'otY 'EtMED PeR: RANDY SIWPSClN 2t33 SPDIG L.N<E: ROAD JIl80R LNCE..... S5372 Ii. l~ ,~ 1 : J (;kAPHll. SCAl.E: :r. '~""'''''.' .~. -.... ~ '----""--- . '.- . '... .~.~-: ~': .'" ArTACHM'ENT~3~' v ~ / .......~~. ~ .S~::'t' EL X ., ':.'.7 '" .'. .... _A.l41 .. ....;, :eO "" ."- . ~ .' / "EO. v. ..0 l '" I' .. ,i'W .<l". '"/;,......0 tk\Y~ ,; -.,. , .' ) \.. .?, 0" ~..,...~ "QJ'" s....oli' to.. .2. ..!I .'f~" Dr_-, v' .r ~. .",-'\-'; . ..... 'S&. ....,.: ti.. )'3 IJ / "l';" ":" SPRING LAKE l~ j'.. 2 }. ie. .ii, ..................... .:.:.:.:.:.:.:.:.:.:. ...................... PROPOSED ADDITION ., . DEO;OTES IRON ljONuljENT FOUND o DENOTES ;RON ljONUIlENT SET .....0 ljARKEO BY ~SOT'" ucrNs( NO.l018.3 . . SURVEY \-- I I I -- / '.( .,' ~::' .~9ZI.4 ~,.:" ;'- .. HUUSl ~t...'\' /v /~UECK "/ ., . ,'9Z0.3 'v.' ": ,^-:: "', ~J'-\o .,,,, ~'" ~~ .., ~~'r ". '" / " ~~ ~ ", "- "" // V uutJSl \V/O EL. 913.83 , . 0" , ATTACHMENT 5 '''''''" a'luminous Oriv...ay ~ CONFORMING ADDITION J _ocation Map for Simpson Variance In / \ Sl1tl)~~~ 400 0 r ~ 400 Feet N A ~-""",-,-,,'.'-"'~-'~~ N A _ocation v1a) for Sim-)son Variance A A--~ I 1T VALE CIR VALE H ~ ~~ =-i~ =l~ If- 400 I o 400 Feet I October 30, 2002 Anthony Stamson Planning Commission Chair 16095 Wren Court SE Prior Lake, :MN 55372 Dear Mr. Stamson: Enclosed please fmd Variance Resolution 02-019PC for Randy Simpson, 2933 Spring Lake Road, as adopted by the Planning Commission on October 28, 2002. Please review and sign the Resolution and return it in the enclosed self-addressed stamped envelope. Should you have any questions, please feel free to contact me at (952) 447-9813. Thank you. Sincerely, :e~.I. ~~tr~_a> . )%7' . Cynthia R. Kirchb CP Planner Enclosures 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ~, October 23, 2002 Randy and Patrice Simpson 2933 Spring Lake Road Prior Lake, MN 55372 RE: Agenda and Agenda Report Attached is a Planning Commission Agenda and Staff Report for the October 28, 2002, Planning Commission meeting. You or your representatives are expected to attend the meeting. You will be given the opportunity to speak regarding your proposal and the staff report. The meeting begins at 7:00 p.m. and is held at the Fire Station located at 16776 Fish Point Road (east of HWY 13 on the south side of CR 21). If you cannot attend the meeting, please call me so your item can be deferred to the next Planning Commission meeting. If you have any questions, please contact me at 447-9810. Sincerely, Connie Carfson Connie Carlson Planning Dept. Secretary Enclosure I:\deptwork\blankfrm\meelltr.doc 16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER October 9, 2002 Randy & Patrice Simpson 2933 Spring Lake Road Prior Lake, MN 55372 RE: Variance for an addition to an existing single family dwelling; 2933 Spring Lake Road (Lot 6 and part of Lot 5, Spring Lake Townsite) Case File No.: 02-113 Dear Mr. & Mrs. Simpson: On October 8, 2002, the City of Prior Lake received the above referenced development review application. This letter serves as your official notification that all of the necessary submittals have been received and the application is complete. At this time, your variance application is scheduled for the Monday, October 28,2002, Planning COrrmllssion meeting. You or your representative must attend this meeting. The City review process can be substantially less than 120 days, and we intend to progress in a timely manner that provides a complete and professional review. Occasionally, however, due to meeting schedules, it is sometimes necessary to extend the 60-day review period. This letter also serves as your official notice that the City is extending the 60-day deadline for an additional 60 days from December 7,2002, to February 5,2003. If you have questions relative to the review process or related issues, please feel free to contact me at (952) 447-9813. Sincerely, ~^)"~D13J Cynthia R. Kirchoff, Ala Planner . 16200 Ea.gle Creek Ave. s.E.. Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER O-L f\t IrlC1lca- CITY OF PRIOR LAKE ORC PROJECT REVIEW CHECKLIST PROJECT NAME: APPLICANT: CONTACT PERSON: PID#: LOCATION: EXISTING ZONING: COMPREHENSIVE PLAN: PROJECT REQUEST: SIMPSON VARIANCE (Case File #02-113) The applicant is requesting a variance from the 25 foot front yard setback for the construction of an addition to a single family dwelling. Randy Simpson Randy Simpson 447-8087 SITE INFORMATION 25-133-089-0 2933 Spring Lake Road R-S/SD R-L1MD Review and comment on variance application. T DISTRIBUTE TO-;- -- -- + Frank Boyles + Bud Osmundson Sue Walsh + Sue McDermott Ralph Teschner I I Chris Esser I. Bob Hutchins I. Don Rye . I Jane Kansier I . I DNR - Pat Lynch I County Hwy. Oept. I MNDOT ISMOC I M~iaco~ Cab~ , 'I I I I. II II II II II JI Fire Chief Bill O'Rourke APPLICATION FOR: Administrative Land Division Comprehensive Plan Amend. Conditional Use Permit Home Occupation I I Rezoning II Ii Site Plan I 'I Preliminary Plat I I PUD II II I Final Plat I II. Variance I, II Vacation II II I lULl I I I Minnegasco I Watershed Oist. I Telephone Co. I Electric Co. I Met. Council Date Received 1 0/8/02 Date Distributed 10/09/02 Date Due 10/17/02 Complete Application 10/08/02 Date Distributed to 10/09/02 DRC Meeting NA Date DRC Publication Date 10/12/02 Tentative PC Date 10/28/02 Tentative CC NA I Date I 60 Day Review Date 12/07/02 Review Extension 2/5/03 1:\02fi1es\02variances\02-113\referral.doc Page 1 .' \S7 lli Ll \::!.i ~; I have reviewed the attached proposed request (Simpson var:,i~( ;~ ,.' i:"~9:" :; ~J . Water Sewer Zonin8 Parks Assessment Policy Septic System Erosion Control City Code Storm Water Flood Plain Natural Features Electric , Grading Signs County Road Access Legal Issues Roads/Access Gas Other Building Code ..J Recommendation: Approval Denial Conditional Approval Comments: yJ/) r1AMVJ~ ~/Lv-h:n", /' v Signed: ~ Date: /O~/O-oZ- j)1r,L ~ ~t'/13-6- 11:2 -/'1 (1 Please return any comments by Thursdav. October 17. 2002, to Cynthia Kirchoff City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (952) 447-9813 Fax: (952) 447-4245 e-mail: ckirchoff@cityofpriorlake.com 1:\02fi1es\02variances\02-113\referral.doc Page 2 I have reviewed the attached proposed request (SimDson Variance) for the following: I Water City Code Grading I Sewer Storm Water Signs I Zoning Flood Plain ~ County Road Access Parks Natural Features Legal Issues Assessment Electric / Roads/Access Policy Septic System Gas Building Code Erosion Control Other ------3 . -,-- - Recommendation: Approval ~ Denial Conditional Approval Comments: P L' C rz, 12- <.-S V'-" ? \lr C( IV ~~ ,A00:x\~ ..:;1Y~ub> fj .~ tOC3~~A.-J. W ~A,.J)~ J arn-.4/lAAA' h d ~ ~ I ~ 01 ~. A - ---r) '-./ () ,1Jn ~ '" ~~'~ s - f:"~ Signed: /)~~~-If J Date: i 0 Lt \ J ()"7..--- I / Please return any comments by Thursdav. October 17. 2002, to Cynthia Kirchoff City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (952) 447-9813 Fax: (952) 447-4245 e-mail: ckirchoff@cityofpriorlake.com 1:\02files\02variances\02-113\referral.doc Page 2 I have reviewed the attached proposed request (Simpson Variance) for the following: I Water I Sewer Zoning Parks Assessment Policy Septic System Erosion Control City Code Storm Water Flood Plain Natural Features Electric - Grading Signs County Road Access Legal Issues Roads/Access Gas Other Building Code Recommendation: Approval Denial Conditional Approval Comments: 4 .~ ~ J" a/Y1_~ ~*hVi'~ fJ.~ ~ tk_> . .1 .JQ .ILl n.~ U --l:tL..1" I . ~C. ,..-k ~ Signed: ~ Date: Jet lk/fJ2- Please return any comments by Thursdav. 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