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Home My WebLink About02-117PC Gau Variance AppealResolution and Minutes L:\TEMPLATEXFILEINFO.DOC STATE OF MINNESOTA) )SS. COUNTY OF SCOTT ) The undersigned, duly qualified and Planning Secretary of the City of Prior Lake, hereby certifies the attached hereto is the original true and correct copy of RESOLUTION 01-188 RESOLUTION OF THE PRIOR LAKE CITY COUNCIL REVERSING TFIF~ DECISION OF THE PLANNING COMMISSION TO APPROVE A 3 FOOT VARIANCE FROM TFi'F~ PROVISIONS OF SECTION 1107.205(6) PERMITTING A MAXIMUM DRIVEWAY WIDTH OF 24 FEET TO ALLOW A 27 FOOT WIDE DRIVEWAY ON PROPERTY LOCATED IN THE R-1 (LOW DENSITY RESIDENTIAL) DISTRICT AND THE SD (SHORELINE OVERLAY) DISTRICT IDENTIFIED AS 16994 MONROE AVENUE SW #02-117 Connie Carlson City of Prior Lake Dated this 26th November, 2002. (City Seal) l:\deptworkXblankfrm\truecopy.doc I RESOLUTION 02-188 RESOLUTION OF TI-IE PRIOR LAKE CITY COUNCIL REVERSING THE DECISION OF THE PLANNING COMMISSION TO APPROVE A 3 FOOT VARIANCE FROM THE PROVISIONS OF SECTION 1107.205(6) PERMITTING A MAXIMUM DRIVEWAY WIDTH OF 24 FEET TO ALLOW A 27 FOOT WIDE DRIVEWAY ON PROPERTY LOCATED IN THE R-1 (LOW DENSITY RESIDENTIAL) DISTRICT AND THE SD (SHORELINE OVERLAY) DISTRICT IDENTIFIED AS 16994 MONROE AVENUE SW WHEREAS, WHEREAS, MOTION BY: ZIESKA SECOND BY: GUNDLACH On November 4, 2002, the Prior Lake City Council held a public hearing to consider an appeal by Richard Gau of the Planning Commission's denial of a request for a 3 foot variance to permit a 27 foot wide driveway on the property legally described as follows: Lot 12, Block 32, Spring Lake Townsite, Scott County, Minnesota; and The City Council finds that the requested variance meets the criteria for granting variances set forth in Section 1108.400 of the City Code, and that the appellant has set forth adequate reasons for reversing the decision of the Planning Commission; and The City Council has determined that the Planning Commission's decision denying the requested variance should be reversed. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE: 1) The 2) The a. above recitals are incorporated as if fully set forth herein. City Council makes the following findings: On November 4, 2002, the Prior Lake City Council held a public hearing to consider an appeal by Richard Gau of the Planning Commission's denial of a request for a 3 foot variance to permit a 27 foot wide driveway on the property legally described as follows: Lot 12, Block 32, Spring Lake Townsite, Scott County, Minnesota; and The Planning Commission reviewed the application for variances as contained in Case File #02-088, and held a public hearing thereon September 9, 2002, and reviewed the request again on September 23, 2002. The Planning Commission concluded the driveway variance request did not meet the hardship criteria and denied the variance. r:\resoluti\planres\2002\02-188.doc Page 1 16200 Ea§le Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OgPORTUNITY EMPLOYER c. Richard Gau appealed the decision of the Planning Commission in accordance with Section 1109.400 of the City Code on October 15, 2002. d. The City Council reviewed the appeal of the Planning Commission's decision, and the information contained in Case File #02-088 and Case File #02-117, and held a hearing thereon on November 4, 2002. The City Council has considered the effect of the requested 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 variances on the Comprehensive Plan. The City Council has determined the request meets the hardship criteria. There are unique characteristics of the property to warrant a variance, and the hardship was not created by the property owner. Parking is prohibited on Monroe Avenue due to the public access to Prior Lake. The denial of the requested variance constitutes a hardship with respect to literal enforcement of the ordinance, as the reduced front yard setback from Monroe Avenue and lack of on street parking on Monroe Avenue places a constraint on the parking of vehicles. 3) The contents of Planning Case File #02-088 and Planning Case File #02-117 are hereby entered into and made a part of the public record and the record of the decision for this case. 4) Based upon the Findings set forth above, the City Council hereby reverses the decision of the Planning Commission, and approves a 3-foot variance from the 24 foot maximum width of residential driveways to permit a 27 foot wide driveway. 5) The following conditions shall be adhered to prior to the issuance of a driveway permit: a) b) c) The driveway must be constructed as depicted on Attachment 1 - Certificate of Survey. The permit is subject to all other city ordinances, and applicable state and county agency regulations. The variance resolution must be recorded and proof of recording submitted to the Planning Department within 60 days. An Assent Form must be signed, and pursuant to Ordinance Section 1108.400, the variance will be null and void if the necessary permits are not obtained for the proposed addition within one year after adoption of this resolution. Passed and adopted this 18th day of November, 2002. YES NO Haugen X Haugen Petersen X Petersen LeMair X LeMair Zieska X Zieska Gundlach X Gundlach {Seal} City Manager r:\resoluti\planres\2002\02-188.doc Page 2 BLDG. P~RMIT SURVIZY PR EP,0, R ~'0 FOR: RICK ~ JUNE GAU 16994 MOHROE AVE. SW PRIOR LAKE, MN. 55372 Valley Surveying Co., P.A. ~UITE I20-C , 16670 FRANKLIN TRAIL FRANKLIN TRAIL OFFICE CONOOMINIUM PRIOR LAKE, MINNESOTA 553?2 TELEPHONE f612) 447- 2570 ATTACHMENT I ALLEY 50 plot S$.3 2,4 19.9 11,7' O rc ~L 933.07 933. t7 HOUS~ SPR 929.46 ?/U Slao 933.3! 936.6 60 50.01 rnea~. -- ' / 50 plat ./ "~930. I -~)~g .... ROAD 930.51 x DESCPJPTION: Lot lZ, Block 32, S?R[NG LAKE VILLAGE, Scott County, Minnesota. Also showing the location of all visible improvements and encroachments on to or off from said property ~ of this 9th day of August, 2002. ,. NOTES: Benchmark Elevation 933,31 Top of the existing garage slab. 0 ZO SCALE IN FEET 0 O~'nOf~ I/'~ (hch x M InCh iron 933.1 X (~.0) Denotes existing grade elevation Denotes proposed finished grade elevation Denotes proposed direction of finished surface drainage by me or ,a~er my direr slab is at elevation 933.31 ~/~_e,e Stat.~l~ Minnesota. The existing garage Thc lowest floor elevation is 933.3 Scott County Customer Service (952) 496-8150 #241881 06-JAN-2003 CUSTOMER GAU, RICHARD A Filing 1 @ Abstract 20.00ea Total for Fee 20.00 FILE NUMBER OR NAME: RESOLUTION 01-188 Receipt Total 20.00 Cash 20.00 Payment Total 20.00 Change 0.00 City Council Meeting Minutes November 4, 2002 CONSENT AGENDA: (A) Consider Approval of Invoices to be Paid. (B) Consider Approval of Animal Warden Monthly Report. (C) Consider Approval of Off-Sale Non-Intoxicating Liquor License for Holiday Station 521. (D) Consider Approval of Cigarette License for Holiday Station #521. (E) Consider Approval of Massage Therapy License for Rick A. Johnson. (F) Consider Approval of Resolution 02.182 Approving Installation of"No Parking" Signs on Uushtown Road. (G) Consider Approval of a Proposal to Update the City's Park Dedication Fee Study. Bo¥1es: Reviewed the remaining Consent Agenda Items. Gundlach: Requested that Item 5G be removed. MOTION BY GUNDLACH, SECOND BY ZIESKA TO APPROVE THE CONSENT AGENDA SUBMITTED. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeUair, the motion carded. ITEMS (A) - (F) AS ITEMS REMOVED FROM THE CONSENT AGENDA: [REMOVED]- Consider Approval of a Proposal to Update the City's Park Dedication Fee Study Boyles: Reviewed the item in connection with the staff report, indicating the rationale, costs and timeline. Pace: Added that Prior Lake was one of the first metro area cities to institute this process in order to substantiate the viability of the City's development fees. Boyles: Also noted that development fees are intended to pay for the cost of needed infrastructure. It makes sense to make sure the development fees keep pace. MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE THE PROPOSAL TO UPDATE THE CITY'S PARK DEDICATION FEE STUDY. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carded. PUBLIC HEARINGS: Public Hearing to Consider an Appeal of the Planning Commission's Decision to Deny a 3-Foot Variance to Allow a 27-Foot Wide Driveway (Gau). Kirchoff: Reviewed the agenda item in connection with the staff report. LeMair: Asked the current width of the driveway. Kirchoff: Advised that the driveway has been reconstructed to 27 feet as shown in the staff report. The ordinance requires that a hard surface material be used for the driveway. The applicant has not indicated his intent. Zieska: Asked if the retaining walls extend into the right-of-way. Kirchoff: Confirmed. City Council Meeting Minutes November 4, 2002 Mayor Haugen declared the public headng open and asked persons who wished to speak to approach the podium. Richard Gau .(16994 Monroe Avenue): Explained that there is no parking on the streets around his home, so the additional driveway width was necessary. Also showed pictures of other properties in the area that have similar driveways. Further noted his frustration with trying to improve his home. Zieska: Asked if the elevation was such that if the driveway were fanned out, the driveway would be uphill and require additional landscaping. Gau: Explained that he would need a bobcat to cut down the elevation, but that if the width remained at 24 feet, he would still be unable to park a vehicle in the remaining 14.9 feet. Hau.qen: Asked about the overhang being extended over the entrance and garage. Gau: Explained that the extension is for the safety when entering the house. In the winter, the second story roofline drops ice and snow runoff directly onto the entrance path to the front stairs and door. MOTION BY ZIESKA, SECOND BY PETERSEN TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeUair, the motion carded. Zieska: Believed the parking problem Mr. Gau has is unique to the site and not under the control of the homeowner due to the limited on-street parking, the topography of the lot, and the proximity of the house to the read. Petersen: Believed that Mr. Gau is within the impervious surface regulations, similar to those neighbors in the area. Supported the motion. Gundlach: Echoed the comments of Councilmember Zieska. LeMair: Echoed the comments of Councilmember Zieska as well. Hauflen: Discussed the conversation at the Planning Commission, but believed the hardship criteria have been met given the unique cimumstances of the property. MOTION BY ZIESKA, SECOND BY PETERSEN TO DIRECT STAFF TO PREPARE A RESOLUTION GRANTING THE VARIANCE REQUESTED. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carded. PRESENTATIONS: Presentation to Retiring Parks Advisory Committee Members Thea Fluhrer and Tom Schutz (Mayor Haugen) Hau.qen: Noted the contributions Thea and Tom have made to the City through their participation on the Parks Advisory Board over the past six years. Thanked each for their many contributions to the community and presented each with a plaque of recognition. The Council took a bdef recess. Proclamation for Youth Appreciation Week (Mayor Haugen) 3 Approved Plans L:\TEMPLATE~FILEINFO.DOC BLDG. PERMIT SURVEY PREPARED FOR: RICK & ,JUNE GAU 16994 MONROE AVE. SW PRIOR LAKE~ MN. 55372 Volley Surveying Co., P.A. SUIT~ IEO-C , 1667'0 FRANKLIN TRAIL FRANKLIN TRAIL OFFICE CONDOMINIUM PRIOR LAKE~ MINNESOTA 55372 TELEPHONE (612) 447 - 2570 ALLEY 936,~8 _ 50 plot 50.04 mea$. TC EL 933. HOUSE DECK 24 HOUSE T/U GARAG[ Slob EL. ~_4 g36.6 19,9 I1.? SPRieSt ~29.46 6O 50.01 moos. ~ / 50 plot // / "~930. I .... ROA O DESCRIPTION: Lot 12, Block 32, SPRING LAKE VILLAGE, Scott County, Minnesota. Also showing the location of all visible improvements and encroachments on to or off from 0 2'0 40 SCALE IN FEET 0 Denot~ I/~ inch x 141nch iron monument let (md m~ked by License No. IOta3 ~ ~noteJ iron monument ~ound · Denotes I~ K. Noil Set said property as of this 9th day of August, 2002. NOTES: Benchmark Elevation 933.31 Top of the existing garage slab. 933. I Denotes existing grade elevation (~.o ) Dcnotes proposcd finished gradc eicvation D~nntes proposed direction of finished surface drainage The existing garage slab is at elevation 933.3 l The lowest floor elevation is 933.31 oote L I hereby certify that th~ ~urvey was prepped by me or ~er my direr .~ervision a~ I ~ O ~ly licensed L~d S~or ~ t~ ~-I~ ~0~ Licenae No. 10183 ***Conlraetor lo verily dimensJon~ prior to eGnstra~tlon*** r..~ ~n .~SGG B~o~ 236 ~aaE r? BLDG. PERNIIT SURVEY PREPARED FOR: RICK & JUNE GAU 16994 MOHROE AVE. SW PRIOR LAKE~ MN. 55372 Volley Surveying Co., P.A. SUITE 120-C t 1667'0 FRANKLIN TRAIL FRANKLIN TRAIL OFFICE CONDOMINIUM PRIOR LAKE, MINNESOTA 55372 TELEPHONE (612) 447- 257'0 Deck ALLEY 50 plat 50.04 mea$. DECK 36.3 24 HOUSE -- --. 937..0 ! .. 19.9 11.7 o 0 TC Et. 933.07 933,17 HOUSE T/U GARAGE Slab EL. 24 936.6 93 0 6O 2- _ 50. OI me(~s. ~" J 50 plot // .-. ~ /'"x930. I SPRING ..... ' ROAD 929.46 X DESCRIPTION: o Z,O ' 40 SCALE IN 0 Lot 12, Block 32, SPRING LAKE VILLAGE, Scott County, Minnesota. Also showing the location of all visible improvements and encroachments on to or off from said property as of this 9th day of August, 2002. NOTES: Benchmark Elevation 933.31 Top of the existing garage slab. FEET Denotes I/~. inch x 14 inch iron monument set and morked by License NO. 10183 Denotes iron monument found Oenotes P.K. Nai! set 933.1 X Denotes existing grade elevation Denotes proposed finished grade elevation Denotes proposed direction of finished surface drainage The existing garage slab is at elevation 933.31 hereby certify thor this survey wos prepored by me or under my direct supervision Grid thor om o duly licensed Lond Surveyor unde~ the k~/~ the Sta~ Minnesota. The lowest floor elevation is 933.3I ~o~e _'~_ ' i ~. ' c~ '~ License No. 10185 ***Contractor to verify dimensions prior to construction*** FILE No. 9566 BOOK 236 77 PAGE BLDG. PERMIT SURVEY PREPARED FOR: RICK JUN E GAU 16994 MONROE AVE. SW PRIOR LAKE, MN. 55372 Volley Surveying Co., PA. SUITE 120-C , 16670 FRANKLIN TRAIL FRANKLIN TRAIL OFFICE CONDOMINIUM PRIOR LAKE, MINNESOTA 553?2 TELEPHONE ( 612 ) 447'- 25?0 Deck ALLEY 936,8 ._ 50 plat 50.04 mess. DECK 24 HOUSE 937.0 ! 19.9 11.7 o 0 TC EL 933.07 933.1'~ HOUSE T/U GARAGE Slab EL. 24 936.6 14.1 93 ZO ' 40 SCALE IN FEET 0 Denotes I/2 inch x 14 inch iron monument set and marked by License NO. 10183 · Denotes iron monument found ~ Oenotes P.K. Nail set LU 0 0 50,01 mess. 50 plat I ~934.0 / ./ /"x930. I ROAD 6O 929.46 930.51 DESCRIPTION: Lot 12, Block 32, SPRING LAKE VILLAGE, Scott County, Minnesota. Also showing the location of all visible hnprovements and encroachments on to or off from said property as of this 9th day of August, 2002. NOTES: Benchmark Elevation 933.31 Top of the existing garage slab. 933.1 X (~.0) Denotes existing grade elevation Denotes proposed finished grade elevation Denotes proposed direction of finished surface drainage The existing garage slab is at elevation 933.31 The lowest floor elevation is 933.31 ***Contractor to verify dimensltans nrlor to t*t:n.~trt,elian*** I hereby certify that this survey was prepared by me or under my direct supervision and that lam a duly licensed Land Surveyor under the la~ ,he Sta.~o~ Minne,ota. Date ,_~.l& .-o'"~.. License No. 10185 ,-,, ,- .,_ 9566 ..... 256 .... 77 8LOG. PERMIT SURVEY PREPARED FOR: RICR &dUNE GAU 16994 MONROE AVE. SW PRIOR LAKE~ MN. 55372 Valley Suryeying Co., P.A. ,SUITE I20-C ~ 16670 FFO~NKLIN TRAIL FRANKLIN TRAIL OFFICE ¢ONOOMINIUM PRIOR L.~KE~ MINHE$OTA 55577* TELEPHONE (612) 447.a570 ATTACHMENT I ALLEY 50.04 incas. -- ,~ 93?. 0 O~[CX 19,9 1.16 11.7 rc EL 933. O? §O. Ot rnec~s 6O ./ '"~J3 O, I ROAD 9,~9, 46 930 51 LU DESCKIFT[ON: 0 ZO SC, aLE IH FEET Lot 12, Block 32, SPRING LAKE VILLAGE, Scott County, Minnesot;~ Also showing the location of all visible improvemen[~ and encroachments on to or o1'£/'rom ~aid property as o1' this 9th day o£August, 2002. NOTES: Benchmark Elevation 933..31 Top of the e.'cistin~ garage 93 ~. ~ Denotes cx~sting gene cl~ution ~ (s~.o) ~enot~ proposed finished ~de et~alion Denotes proposed direction o£ finished suit"ace drainage BLDG. PERMIT SURVEY PREPAREO FOR~ RICK ~ JUNE GAU 16994 MONROE AVE, PRIOR LAKE, MN. 553?2 Volley Surveying Co., PA. SUITE IRO-C ~ 16670 FRANKLIN TRAIL FRANKLIN TRAIL OFFICE CONDOMINIUM PRIOR LAKE ~ MINNESOTA 5537'2 TELEPHONE (612) 447 ~ 2570 ATTACHMENT I ALLEY 50 plot 50.04 races. DECK HOUSE T/U GARAGE Stab EL. 933.31 24 936.6 19.9 11.7 60 50,01 mess. --~ J 50 plot // / "x'~30, t LAI~E .... ROAD 9~,9.46 930.51 o o DESCRIPTION: Lot 12, Block 32, SPRING LAKE VILLAGE, Scott County, Minnesola. Also showing the location of all visible improvements and encroachments on to or off from . . ---:-~,-- -, r~-: ~] said property as of this 9th day of August, 2002. ': ,,:~' !:J i~" NOTES: Benchmark Elevation 933.31 Top of the existing garage slab. 933.1 Denotes existing grade elevation x (s~a.o) Denotes proposed finished grade elevation Denotes proposed direction of finished surface drainage The existing garage slab is at elevation 933.31 The lowest floor elevation is 933.31 0 ZO 40 SCALE IN FEET 0 Oenote~ I/;Z inch n 14 inch irotl morturnent set ~ m~ked by ~ ~Ofe~ irO~ monument found ~ Oenotes ~ K, NOir set duly licensed Lend Sarveyor u~d~ thc Contractor to verify dimensh)ll~ prior ti) ct;nstruction*** rtCF ~;~ ~5~6 BOOK 236 . P~46E. BLDG. PERMIT SURVEY PREPARED FOR: RICK 8~ JUNE GAU 16994 MONROE AVE. SW PRIOR LAKEt MN, 55372 Volley Surveying Co., P.A. sUITE 120-C ~ I6670 FRANKLIN TRAIL FRANKLIN TRAIL OFFICE CONDOMINIUM PRIOR LAKEr MINNESOTA 55372 TELEPHONE (612) 447- 25?0 ATTACHMENT 2 ALLEY §0 plat 50.04 maas. TC EL 935.17 14.5' HOUSE nECK 24 HOUSE ¥/U GARAGE S)ab EL. 2.4 936,6 19.9 IL? 60 S PR I I~(~ 929.46 50. OI 50 plat ~30.51 DESCRIPTION: 0 2'0 ' 40 SCALE IN FEET 0 ~n~t~ I/~ incl) x 14 inch iron monument set and ~ked by Lfce~ NO IOIB5 · ~otes iron manumit fou~ NOTES: Benchmark Elevation 933.31 Top of the existing garage slab. 933.1 Denotes existing grade elevation X (~33.o) Denotes proposed finished grade elevation -- ~ Denotes proposed direction of fin/shed surface drainage The existing garage slab is at elevation 933.31 The lowest floor elevation is 933.31 Lot 12, Block 32, SPRIHG LAKE VILLAGE, Scott County, Minnesota. Also showing the Ioc~tion of all visible improvements and encroachments on to or off from said property as of this 9th day of August, 2002. -- .... I hereby certify that this survey was prepared by me or u~der my direct supervision and fhaf Contractor to verify dimensions prior to e~nsCruc(ion FiLE Nd . 9566 BOOK 236 . PAG~ ~ Lo(~tion Map for Gau Appeal WI KENT ST VALE C~R VALE CIR BALSAM ST N /k 400 0 400 Feet CITY COUNCIL AGENDA REPORT MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: NOVEMBER 18, 2002 4J CYNTHIA KIRCHOFF, AICP, PLANNER JANE KANSIER, PLANNING COORDINATOR CONSIDER A RESOLUTION REVERSING THE DECISION OF THE PLANNING COMMISSION AND APPROVING A VARIANCE TO ALLOW A 27 FOOT WIDE DRIVEWAY (Case file #02-117PC) History: The City Council held a public hearing on November 4, 2002, to consider an appeal of the Planning Commission's decision to deny a 3 foot variance to allow a 27 foot wide driveway on property zoned R-1 (Low Density Residential) and SD (Shoreland Overlay) and located at 16994 Monroe Avenue SW. Richard Gau is requesting permission to construct a driveway 27 feet in width. The zoning ordinance prohibits residential driveways that exceed 24 feet in width. Upon review of the applicant's appeal with respect to the variance hardship criteria, the City Council reversed the decision of the Planning Commission, and approved the variance as requested. The City Council determined that the applicant demonstrated an undue hardship due to the length of the existing driveway and the prohibition of on street parking on Monroe Avenue. The City Council approved a 3 foot variance from the 24 foot maximum driveway width to allow a 27 foot wide driveway, subject to the following conditions: 1. The driveway shall be constructed as shown as depicted on the survey - Attachment 1. 2. The permit is subject to all other City ordinances, and applicable state and county regulations. 3. The variance resolution must be recorded and proof of recording submitted to the Planning Department within 60 days of the adoption date. An Assent Form must be signed by the property owners, and pursuant to Ordinance Section 1108.400, the variance · I S a ea[Gau 1\ _Re rt do 162(~°~a~ ~r~e~ ~ve. g.pr,~., ~no~P~a~e,CMinnesota ~5372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: will be null and void if the required permits are not issued for the proposed driveway within one year after adoption of this resolution. (Tant'lu.~:ian_' The attached resolution is consistent with the City Council's direction for approval of the variance request to permit the 27 foot wide driveway. The City Council has two alternatives: 1. Adopt attached the attached resolution to approve the variance as requested by the applicant. 2. Table or continue consideration of this item for specific reasons. The staff recommends alternative # 1. The following motion is required: A motion and second as part of the Consent Agenda to approve Resolution 02-XX/)overtuming the decision of the Planning Co~mission ~d 0bproving the requested variance. Frank Bo~,~/Ci~ Manager L:\02FILES\02appeal\Gau appeal\CC Report 2.doc 2 RESOLUTION 02-XX RESOLUTION OF THE PRIOR LAKE CITY COUNCIL REVERSING THE DECISION OF THE PLANNING COMMISSION TO APPROVE A 3 FOOT VARIANCE FROM THE PROVISIONS OF SECTION 1107.205(6) PERMITTING A MAXIMUM DRIVEWAY WIDTH OF 24 FEET TO ALLOW A 27 FOOT WIDE DRIVEWAY ON PROPERTY LOCATED IN THE R-1 (LOW DENSITY RESIDENTIAL) DISTRICT AND THE SD (SHORELINE OVERLAY) DISTRICT IDENTIFIED AS 16994 MONROE AVENUE SW MOTION BY: SECOND BY: On November 4, 2002, the Prior Lake City Council held a public hearing to consider an appeal by Richard Gau of the Planning Commission's denial of a request for a 3 foot variance to permit a 27 foot wide driveway on the property legally described as follows: Lot 12, Block 32, Spring Lake Townsite, Scott County, Minnesota; and The City Council finds that the requested variance meets the criteria for granting variances set forth in Section 1108.400 of the City Code, and that the appellant has set forth adequate reasons for reversing the decision of the Planning Commission; and WHEREAS, The City Council has determined that the Planning Commission's decision denying the requested variance should be reversed. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE: 1) The above recitals are incorporated as if fully set forth herein. 2) The City Council makes the following findings: go On November 4, 2002, the Prior Lake City Council held a public hearing to consider an appeal by Richard Gau of the Planning Commission's denial of a request for a 3 foot variance to permit a 27 foot wide driveway on the property legally described as follows: Lot 12, Block 32, Spring Lake Townsite, Scott County, Minnesota; and a. The Planning Commission reviewed the application for variances as contained in Case File #02-088, and held a public hearing thereon September 9, 2002, and reviewed the request again on September 23, 2002. b. The Planning Commission concluded the driveway variance request did not meet the hardship criteria and denied the variance. l:\02files\02appeal\gau appeal\cc approval resolution.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Dh. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER c. Richard Gau appealed the decision of the Planning Commission in accordance with Section 1109.400 of the City Code on October 15, 2002. d. The City Council reviewed the appeal of the Planning Commission's decision, and the information contained in Case File #02-088 and Case File #02-117, and held a hearing thereon on November 4, 2002. The City Council has considered the effect of the requested 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 variances on the Comprehensive Plan. The City Council has determined the request meets the hardship criteria. There are unique characteristics of the property to warrant a variance, and the hardship was not created by the property owner. Parking is prohibited on Monroe Avenue due to the public access to Prior Lake. go The denial of the requested variance constitutes a hardship with respect to literal enforcement of the ordinance, as the reduced front yard setback from Monroe Avenue and lack of on street parking on Monroe Avenue places a constraint on the parking of vehicles. 3) The contents of Planning Case File #02-088 and Planning Case File #02-117 are hereby entered into and made a part of the public record and the record of the decision for this case. 4) Based upon the Findings set forth above, the City Council hereby reverses the decision of the Planning Commission, and approves a 3-foot variance from the 24 foot maximum width of residential driveways to permit a 27 foot wide driveway. 5) The following conditions shall be adhered to prior to the issuance of a driveway permit: a) b) c) The driveway must be constructed as depicted on Attachment 1 - Certificate of Survey. The permit is subject to all other city ordinances, and applicable' state and county agency regulations. The variance resolution must be recorded and proof of recording submitted to the Planning Department within 60 days. An Assent Form must be signed, and pursuant to Ordinance Section 1108.400, the variance will be null and void if the necessary permits are not obtained for the proposed addition within one year after adoption of this resolution. Passed and adopted this 18th day of November, 2002. YES NO Haugen Haugen Petersen Petersen LeMair LeMair Zieska Zieska {Seal} City Manager l:\02files\02appeal\gau appeal\cc approval resolution.doc Page 2 CITY COUNCIL AGENDA REPORT MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: NOVEMBER 4, 2002 7A CYNTHIA KIRCHOFF, AICP, PLANNER JANE KANSIER, PLANNING COORDINATOR A PUBLIC HEARING TO CONSIDER AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY A 3 FOOT VARIANCE TO ALLOW A 27 FOOT WIDE DRIVEWAY (Case file #02-117) Historr: This agenda item concerns an appeal of the denial of a variance to allow the applicant to construct a driveway 3 feet in excess of the maximum permitted by the zoning ordinance. Richard Gau is requesting permission to construct a driveway 27 feet in width on property located at 16994 Monroe Avenue SW (see Attachment 3): The zoning ordinance prohibits residential driveways exceeding 24 feet in width. On September 9, 2002, the Planning Commission, acting as the Board of Adjustment, held a public hearing to consider variances for a reduced front yard setback and a 27 foot wide driveway. Both requests were tabled. On September 23, 2002, the Commission reviewed the requests again and approved a 5.1 foot front yard setback variance, but denied the 3 foot variance for the driveway. Staff was directed to prepare a resolution approving the front yard setback variance. The resolution was approved at the October 14, 2002, meeting. The Commission determined the driveway variance did not meet all 9 hardship criteria. A reasonable use of the property, that is, a single family home with appropriate driveway access is present on the site. Furthermore, the driveway can be "fanned" to a greater width beyond the property/right-of-way line, which is 14.5 feet beyond the curb, so long as the impervious surface does not exceed 30 percent of the lot area. This will allow additional parking area on the property without the need for a variance. A copy of the minutes of the October 14, 2002, meeting are an attachment to this report (see Attachment 4). ~ S an u 162(~{~rt~ ~~. ~.l~.al,\~i~P~i'~c, Minnesota ~5372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER hinder off-street parking. Also, on-street parking is prohibited on Monroe Avenue because of the pubic access to Prior Lake. The 24 foot maximum width intended to provide each property with adequate ingress and egress. Considering that a standard double garage door is 16 feet wide, the 24 foot driveway provides 8 additional feet. At the same time this maximum allows for snow storage and adequate curb cut spacing on neighborhood streets In reviewing this appeal, the City Council may grant a variance from the strict application of the provisions of the zoning ordinance, provided that: VARIANCE HARDSHIP STANDARDS 1. Where by reason of narrowness, shallowness, or shape of a lot, or where by reason of exceptional topographical or water conditions or other extraordinary and exceptional conditions of such lot, the strict application of the terms of this Ordinance would result in peculiar and practical difficulties or exceptional or undue hardship upon the owner of such lot in developing or using such lot in a manner customary and legally permissible within the Use District in which said lot is located. The lot is relatively fiat and rectangular in shape, so the topography and shape of the lot does not impact driveway width or location, so the property owner does not have a practical difficulty to wan'ant relief from the maximum driveway width permitted by the zoning ordinance. 2. Conditions applying to the structure or land in question are peculiar to the property or immediately adjoining property, and do not apply, generally, to other land or structures in the Use District in which the land is located. The conditions of the property do not impact the driveway width or location. 3. The granting of the proposed Variance is necessary for the preservation and enjoyment of a substantial property right of the owner. A 24 foot wide driveway offers ample area to park to vehicles side by side. 4. The granting of the proposed Variance will not impair an adequate supply of light and air to the adjacent property, unreasonably increase the congestion in the public streets, increase the danger of fire, or endanger the public safety. L:\02FILES\02appeal\Gau appeal\CC Report.doc 3 The driveway width variance will establish a precedent for other residential properties and may impact snow storage in the boulevard. 5. The granting of the Variance will not unreasonably impact on the character and development of the neighborhood, unreasonably diminish or impair established property values in the surrounding area, or in any other way impair the health safety, and comfort of the area. The granting of the setback variance does not appear to impair health and safety of the immediate area, but it will impact the character establishing a driveway width for the Spring Lake neighborhood. 6. The granting of the proposed Variance will not be contrary to the intent of this Ordinance and the Comprehensive Plan. The purpose of the maximum driveway width is to limit vehicular access to a public street, allow for adequate on-street parking availability, and provide an area for snow storage. A 24 foot wide driveway also allows parking for two vehicles. An additional 3 feet of driveway width appears inconsistent with the intent of the ordinance. 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 increased driveway width serves as a convenience to the property owner. A driveway that complies with maximum zoning ordinance standards would still allow for ample ingress and egress to the property, as well as vehicle storage. 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 fact that the property owner has proposed the driveway width greater than permitted by ordinance makes the hardship self- created. 9. Increased development or construction costs or economic hardship alone shall not be grounds for granting a Variance. Staff does not believe that economic reasons are the sole purpose of the request. Conclusion: The planning and engineering staff recommend denial of the variance to allow the 27 foot wide driveway. This recommendation is based on the fact that there is a reasonable use of the property without the 27 foot wide driveway, and additional parking can be accommodated on the property without relief from the zoning ordinance. A hardship does not exist that prevents the applicant from L:\02FILES\02appeal\Gau appeal\CC Report.doc 4 ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: making a reasonable use of the property. The applicant created the hardship by designing the driveway in violation of Zoning Ordinance Section 1107.205(6). The City Council has three alternatives: 1. Adopt a resolution upholding the decision of the Planning Commission to deny the variance as requested by the applicant. The attached Resolution is consistent with this action. 2. Overturn the decision of the Planning Commission and direct staff to prepare a resolution with findings of fact for the approval of the requested variance. 3. Table or continue consideration of this item for specific reasons. The staff recommends altemative# 1: ~~d~~width to allow a 27 foot wide driveway. Franl~s, Cty Manager L:\02FILES\02appeal\Gau appeal\CC Report.doc 5 Location IVlap for Gau Appeal Site SYCAMORE TRL ~ KENT ST KENT ST VALE CIR VALE CIR VALE CIR ~70TH ST SW -- -- N 400 0 400 Feet ATTACHMENT 2 15 October 2002 Letter of Appeal to the City of Prior Lake Planning Commission This letter is to inform the Planning Commission, of Prior Lake, that I am appealing the decision to deny a three foot variance, from the maximum twenty four foot width residential driveway ordinance. The fact that the City Planning Department, recommended that the three foot variance for a twenty four foot driveway be granted, shows me that they have taken into consideration many facts that go along with my property at 16994 Monroe Avenue Southwest Prior Lake. I took some measurements of the driveways proposed variance of three feet. From my property line to the edge of the street is fifteen feet. That leaves fourteen feet nine inches to the edge of sidewalk. My vehicles are a truck which, is eighteen feet six inches long, and my car which is seventeen feet long. As you can see, that leaves about four to five feet of parking space behind these vechiles. I feel that because of my properties characteristics, compared to other property in the area, the fact that I live about three blocks from the south prior lake boat launch, no parking on any of the streets in the area, should be reviewed as a hardship for the variance I am applying for. If there is any doubt about the above named facts, PLEASE feel free to stop by my property before making any discussion. ,~~,..¢~han k you, BLDG. PERMIT SURVEY PREPARED FOR: RICK & JUNE GAU 16994 MONROE /~,VE. SW PRIOR LAKE ~ MN. 555?2 Volley Surveying Co., PA. SUITE 120-C ~ 16670 FRANKLIN TRAIL FRANKLIN TRAIL OFFICE CONOOMINIUM PRIOR LAKE, MINNESOTA 55372 TELEPHONE ( 612 ) 447 - ~.570 ATTACHMENT 3 ALLEY 50 plat 50.04 maas. 937.0 TC EL 953,17 )33.0? x 14.5' BOI RD HOUS[ OECK HOUSE T/U GARAGE SloI~ EL. 24 936.6 19.9 Il.? 929.46 x 50.01 mea$. 50 plat 6O .//v'930. I ROAD 930.51 LU 0 DESCRIPTION: 0 2'0 40 SCALE IN FEET Den~les I/2 inch x 14 inch iron rnonumenf set ~d m~rked by NOTES: Benchmark Elevation 933.31 Top of the existing garage slab. 933. l Denotes existing grade elevation x (~3~, o ) Denotes proposed finished grade elevation Lot 12, Block 32, SPRING LAKE VILLAGE, Scott County, Mimlcsota. Also showing the location of al} visible improvements and encroachments On to or off from said property as of this 9th day of August, 2002. c ' ;- -~'-:"' "-?'~ Denotes proposed direction of fillished suft'ace drainage hv me or under my direct ~upervi~ion or~ thof I am o duly licensed Land Surveyor under the : ~he S~ Minne!lota. __~ , Tile lowest floor elevation is 933.31 oa*e ~- / L y ~ ~ License No. IOIB 3 ***Controetor to verify dimt-nsi~ms prior to c~;nstruttion*** FiLE No 95,56 flOOg 23~ PAGE ATTACHMENT 4 PLANNING COMMISSION MINUTES MONDAY, OCTOBER 14, 2002 1. Call to Order: Chairman Stamson called the October 14, 2002, Planning Commission meeting to order at 7:02 p.m. Those present were Commissioners Atwood, Criego, Lemke, Ringstad and Stamson, Community Development Director Don Rye, Planning Coordinator Jane Kansier, Planner Cynthia Kirchoff and Recording Secretary Connie Carlson. 2. Roll Call: Atwood Present Criego Present Lemke Present Ringstad Present Stamson Present 3. Approval of Minutes: The Minutes from the September 9, 2002, Planning Commission meeting were approved as presented. Correction in the September 23rd, Minutes - Page 10, Criego: relates to driveway entrance should be "to reduce the width of the driveway". The Minutes were approved as amended. 4. Consent: A. Case 02-088 Gau Variance Resolution Planner Cynthia Kirchoff presented the Planning Report dated October 14, 2002, on file in the office of the City Planning Department. Ringstad did not remember the committee approving the driveway variance. After looking at the Minutes, they agreed the variances approving the setbacks for the stoop and eave. Criego believed there were other requests for variances that the Commission did not vote on. Kansier said there was another Resolution denying the requests. The Commissioners can make another motion denying the requests. Criego recalled a third request. Lemke pointed out it was not a separate request, it was part of the front yard setback. Kirchoff stated there were only 2 requests. She also confirmed there were 2 Resolutions attached to the original report. L:\02FILES\02planning comm\02pcminuteshMN101402.doc 1 Planning Commission Meeting October 14, 2002 MOTION BY CRIEGO, SECOND BY RINGSTAD, TO APPROVE RESOLUTION 02- 011PC APPROVING VARIANCES TO PERMIT A 14.9 FOOT FRONT YARD SETBACK FOR A 5 FOOT STOOP AND 5 FOOT EAVE AND DENY A VARIANCE FOR A 27 FOOT WIDE DRIVEWAY. Vote taken indicated ayes by all. MOTION CARRIED. 5. Public Hearings: Commissioner Stamson read the Public Hearing Statement and opened the meeting. A. Case 02-097 Mark Liesner is applying for a 52,492 square foot variance from the required minimum 2 acre lot area in the RS (Rural Subdivision Residential) zoning district and a 76 foot variance from the required 100 foot minimum setback from a tributary river for the construction of a single family dwelling on Lot 13, Block 2, Titus 2nd Addition Planner Cynthia Kirchoff presented the Planning Report dated October 14, 2002, on file in the office of the City Planning Department. Mark Liesner is requesting variances from zoning ordinance provisions to permit the construction of a single family dwelling on property zoned R-S (Rural Subdivision Residential) and SD (Shoreland Overlay District) and located at 4525 Jackson Trail (Lot 13, Block 2, Titus 2na Addition). The property is guided Urban Low/Medium Density Residential in the 2020 Comprehensive Plan. The site is a vacant, riparian lot, as it abuts an unnamed tributary watercourse connected with Pike Lake. Trees are scattered throughout the property. Municipal water and sewer is currently unavailable to the site. The applicant requests the following variances: 1. A 52,492 square foot variance from the required minimum 2 acre lot area in the R-S zoning district to allow a 34,628 square foot lot. 2. A 76 foot variance from the required 100 foot setback from an unnamed tributary watercourse. The applicant is requesting variances to construct a single family dwelling on property zoned R-S and SD. The subject lot does not comply with the minimum lot area established by the zoning ordinance, because it was platted in 1974, prior to the current ordinance being adopted in 1999. Moreover, the proposed dwelling does not comply with the minimum setback from the tributary watercourse that extends along the east portion of the site. Since the property is a legal, nonconforming lot of record and the required watercourse setback significantly constrains the site's buildable area, variances are warranted. The property owner cannot construct a reasonable use without relief from the zoning L:\02FILES\02planning comm\02pcminutesWIN 101402.doc 2 RESOLUTION 02-XX RESOLUTION OF THE PRIOR LAKE CITY COUNCIL UPHOLDING A DECISION OF THE PLANNING COMMISSION TO DENY A 3 FOOT VARIANCE FROM THE PROVISIONS OF SECTION 1107.205(6) PERMITTING A MAXIMUM DRIVEWAY WIDTH OF 24 FEET TO ALLOW A 27 FOOT WIDE DRIVEWAY ON PROPERTY LOCATED IN THE R-1 (LOW DENSITY RESIDENTIAL) DISTRICT AND TFfE SD (SHORELINE OVERLAY) DISTRICT IDENTIFIED AS 16994 MONROE AVENUE SW MOTION BY: SECOND BY: WHEREAS, On November 4, 2002, the Prior Lake City Council held a public hearing to consider an appeal by Richard Gau of the Planning Commission's denial of a request for a 3 foot variance to permit a 27 foot wide driveway on the property legally described as follows: Lot 12, Block 32, Spring Lake Townsite, Scott County, Minnesota; and WHEREAS, The City Council finds that the requested variance does not meet the criteria for granting variances set forth in Section 1108.400 of the City Code, and that the appellant has not set forth adequate reasons for reversing the decision of the Planning Commission; and WHEREAS, The City Council has determined that the Planning Commission's decision denying the requested variance should be upheld. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE: 1) The above recitals are incorporated as if fully set forth herein. 2) The City Council makes the following findings: a. On November 4, 2002, the Prior Lake City Council held a public hearing to consider an appeal by Richard Gau of the Planning Commission's denial of a request for a 3 foot variance to permit a 27 foot wide driveway on the property legally described as follows: Lot 12, Block 32, Spring Lake Townsite, Scott County, Minnesota; and a. The Planning Commission reviewed the application for variances as contained in Case File #02-088, and held a public hearing thereon September 9, 2002, and reviewed the request again on September 23, 2002. b. The Planning Commission concluded the driveway variance request did not meet the hardship criteria and denied the variance. l:\02files\02appeal\gau appeal\cc res.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER c. Richard Gau appealed the decision of the Planning Commission in accordance with Section 1109.400 of the City Code on October 15, 2002. d. The City Council reviewed the appeal of the Planning Commission's decision, and the information contained in Case File #02-088 and Case File #02-117, and held a hearing thereon on November 4, 2002. The City Council has considered the effect of the requested 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 variances on the Comprehensive Plan. The City Council has determined the request does not meet the hardship criteria. There are no unique characteristics of the property to warrant a variance, and any hardship was caused by the actions of the applicant through the design of the driveway. g. The denial of the requested variance does not constitute a hardship with respect to literal enforcement of the ordinance, as a reasonable use currently exists on the property. 3) The contents of Planning Case File #02-088 and Planning Case File #02-117 are hereby entered into and made a part of the public record and the record of the decision for this case. 4) Based upon the Findings set forth above, the City Council hereby upholds the decision of the Planning Commission, and denies a 3-foot variance to permit a 27 foot wide driveway. Passed and adopted this 4th day of November, 2002. YES NO Haugen Haugen Petersen Petersen LeMair LeMair Gundlach Gundlach Zieska Zieska {Seal} City Manager l:\02files\02appeal\gau appeal\cc res.doc Page 2 APPLICATIONS APPLICATION MATERIALS L:\TEMPLATEkFILEINFO.DOC 15 October 2002 Letter of Appeal to the City of Prior Lake Planning Commission This letter is to inform the Planning Commission, of Prior Lake, that I am appealing the decision to deny a three foot variance, from the maximum twenty four foot width residential driveway ordinance. The fact that the City Planning Department, recommended that the three foot variance for a twenty four foot driveway be granted, shows me that they have taken into consideration many facts that go along with my property at 16994 Monroe Avenue Southwest Prior Lake. I took some measurements of the driveways proposed variance of three feet. From my property line to the edge of the street is fifteen feet. That leaves fourteen feet nine inches to the edge of sidewalk. My vehicles are a truck which, is eighteen feet six inches long, and my car which is seventeen feet long. As you can see, that leaves about four to five feet of parking space behind these vechiles. I feel that because of my properties characteristics, compared to other property in the area, the fact that I live about three blocks from the south prior lake boat launch, no parking on any of the streets in the area, should be reviewed as a hardship for the variance I am applying for. If there is any doubt about the above named facts, PLEASE feel free to stop by my property before making any discussion. OCT 1531~ November 26, 2002 Richard F. Gau 16994 Monroe Avenue SW Prior Lake, MN 55372 Variance to allow a 27 foot wide driveway 16994 Monroe Avenue SW (Lot 12, Block 32, Spring Lake Townsite) Case File No.: 02-117 Dear Mr. Gau: This letter is to officially inform you that on November 18, 2002, the City Council approved a 3 foot variance f. rom the 24 foot maximum driveway width, subject to the following conditions: The driveway must be constructed as depicted on Attachment 1 - Certificate of Survey. The permit is subject to all other city ordinances, and applicable state and county agency regulations. The variance resolution must be recorded and proof of recording submitted to the Planning Department within 60 days. An Assent Form must be signed, and pursuant to Ordinance Section 1108.400, the variance will be null and void if the necessary permits are not obtained for the proposed addition within one year a~ter adoption of this resolution. Enclosed is a certified copy of the original Resolution approving the aforementioned variance to be recorded at Scott County and a copy for your records. In addition, I have enclosed an Assent Form that must be signed and returned to the Planning Department prior to the issuance of any necessary permits. Should you have any questions regarding this letter, please feel free to contact me at (952) 447-9813. Sincerely, 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 31, 2002 Richard Gau 16994 Monroe Ave SW Prior Lake, MN 55372 RE: Agenda and Agenda Report Attached is a City Council Agenda and Staff Report for the November 4, 2002, City Council meeting. The meeting will begin at 7:30 p.m. and is held at the Fire Station located at 16776 Fish Point Road (east of HWY 13 on the south side of CR 21). If you cannot attend the meeting or have any questions, please contact me at 447-9810. Sincerely, Cynthia Kirchoff Cynthia Kirchoff Planner Enclosure I:\deptwork\blankfrm\meetlrcc.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 553'72-1714 / Ph. (952) 44?-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Cynthia Kirchoff From: Sent: To: Subject: Pat Lynch [pat.lynch@dnr.state.mn.us] Friday, October 25, 2002 8:10 AM ckirchoff@cityofpriorlake.com variance appeal, Richard Gau driveway width, 16994 Monroe Ave. Provided the impervious surface limits are not exceeded, DNR has no objection to the variance, froma shoreland management perspective. November 15, 2002 Richard Gau 16994 Monroe Ave SW Prior Lake, MN 55372 RE: Agenda and Agenda Report Attached is a City Council Agenda and Staff Report for the November 18, 2002, City Council meeting. The meeting will begin 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 or have any questions, please contact me at 447-9810. Sincerely, Cynthia 7(irc[ off Cynthia Kirchoff Planner Enclosure I:\deptwork\blankfrm\meetlrcc.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER HEARING NOTICES L:\TEMPLATEkFILEINFO.DOC NOTICE OF PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE DECISION OF THE BOARD OF ADJUSTMENT CONCERNING A VARIANCE FROM THE ZONING ORDINANCE TO ALLOW A 27 FOOT WIDE DRIVEWAY You are hereby notified that the Prior Lake City Council will hold a public hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road SE (Southwest of the intersection of County Road 21 and Fish Point Road), on: Monday, November 4, 2002, at 7:30 p.m. or as soon thereafter as possible. REQUEST: The applicant is requesting a 3 foot variance from the maximum 24 feet of width for driveways to allow for the construction of a 27 foot wide driveway. APPELLANT: Richard Gau SUBJECT SITE: 16994 Monroe Avenue SW, Prior Lake, MN, legally described as Lot 12, Block 32, Spring Lake Village, 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 City Council will accept oral and/or written comments. Oral or written comments should relate to how the proposed construction and requested variances are or are not consistent with the Zoning Ordinance and variance hardship criteria. Prepared this 15th day of October 2002. Cynthia Kirchoff, AICP, Planner City of Prior Lake To be published in the Prior Lake American on October 26, 2002. L:\02FILES\02variances\O2-O88\Appeal Public Hearing Notice.doc AFFIDAVIT OF SERVICE BY MAIL COUNTY OF SCOTT ) )ss STATE OF MINNESOTA) ~//~ of the City of Prior Lake, County of Scott, State of Minnesota, being duly/s-worn, says on the c,q~day of ~(d5--~. ,..2002, she served the attached list ofpers' ons to have an interest in the ~f__-~t~ ~ '-2"~ , by maiiing to them a c~opy thereof, enclosed in an envelope, postage prepaid, and be depositing same in the post office at Prior Lake, Minnesota, the last known address of the parties. Subscribed and sworn to be this ~ day of ,2002. NOTARY PUBLIC L; ~DEPTWORK~B LANKFRM~MAILA FFD. DOC NOTICE OF PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE DECISION OF THE BOARD OF ADJUSTMENT CONCERNING A VARIANCE FROM THE ZONING ORDINANCE TO ALLOW A 27 FOOT WIDE DRIVEWAY You are hereby notified that the Prior Lake City Council will hold a public hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road SE (Southwest of the intersection of County Road 21 and Fish Point Road), on: Monday, November 4, 2002, at 7:30 p.m. or as soon thereafter as possible. REQUEST: The applicant is requesting a 3 foot variance from the maximum 24 feet of width for driveways to allow for the construction of a 27 foot wide driveway. APPELLANT: Richard Gau SUBJECT SITE: 16994 Monroe Avenue SW, Prior Lake, MN, legally described as Lot 12, Block 32, Spring Lake Village, 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 City Council will accept oral and/or written comments. Oral or written comments should relate to how the proposed construction and requested variances are or are not consistent with the Zoning Ordinance and variance hardship criteria. Prepared this 23rd day of October 2002. Cynthia Kirchoff, AICP, Planner City of Prior Lake To be mailed to property owners within 350feet of the subject site on October 24, 2002. L:\O2FILES\O2variances\02-O88\Appeal Public Hearing Notice.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Kohlrusch Title Services, Inc. 128 West 3rd Avenue P.O. Box 355 Shakopee, Minnesota 55379 REPRESENTING: Commonwealth CO~iOh~/EALTH LAND TITLE INSURANCE COMPANY According to the records of the BRC Tax System in the Office of the County Treasurer, Scott County, Minnesota, the following is a list of primary tax payers of property lying within 350 feet of the following described property: Lot 12, Block 32, SPRING LAKE TOWNSITE, according to the plat thereof on file and of record in the Office of the County Recorder, SCOTT County, Minnesota. Capital Lending, Inc. 4601 Excelsior Blvd. Minneapolis, MN 55416 James C. Mickley 3124 Spring Lake Rd. SW Prior Lake, Ml~ 55372 Deborah J. Peterson 3147 Vale Cir. SE Prior Lake, MN 55372 Kevin Schroeder 3144 Spring Lake Rd. SW Prior Lake MN 55372 Darlene S. Casey 3165 Vale Cir. SW Prior Lake MN 55372 Martha Dille Lynch 16982 DeWitte Ave. SE Prior Lake MN 55372 Luvella M. Schroeder 16986 DeWitte Ave. SW Prior Lake MN 55372 Arthur F. Lemieux 3214 170th St. SW Prior Lake. MN 55372 David M. & Cheryl Siehndel 16991 Monroe Ave. SW Prior Lake MN 55372 Steven Berg 3193 Vale Cir. SW Prior Lake, MN 55372 Bradley J. Brown 3207 Vale Cir. SW Prior Lake, MN 55372 Christine M. Barncard 3217 Vale Cir. SW Prior Lake, MN 55372 Michael D. Siehndel 3233 Vale Cir. SW Prior Lake, MN 55372 Cameron W. & Wanda Faircloth 3234 Vale Cir. SW Prior Lake. MN 55372 Steven G. & Marlene Mears 3220 Vale Cir. Prior Lake MN 55372 Karen & Daryn Miller 3206 Vale Cir. SW Prior Lake, MN 55372 Terry L. & Rachel Hurni P.O. Box 343 Prior Lake, MN 55372 James C. Mickley 3124 Spring Lake Rd. SW Prior Lake, MN 55372 Page I Kohlrusch Title Services, Inc. 128 West 3rd Avenue P.O. Box 355 Shakopee, Minnesota 55379 REPRESENTING: Commonwealth COMMONWEALTH LAND T~, INSURANCE COMPANY Buford C. & Mary E. Newbour 3160 Vale Cir. Prior Lake, MN 55372 Bernard & Marcella Arnoldi 3094 Spring Lake Rd. Prior Lake, MN 55372 Michael C. Bertek 3063 Spring Lake Rd. Prior Lake, MN 55372 Scott D. & Janet L. Shanesy 17052 Sunset Trl. SW Prior Lake, MN 55372 Victor M. Warnement 17010 Sunset Trl. SW Prior Lake, MN 55372 Alan J. Doucette 17030 Sunset Trl. Prior Lake, MN 55372 Clemens N. Kreuser 3141 170 St. SW Prior Lake, MN 55372 Thomas F. & Pamela Botten 3133 Spring Lake Rd. SW Prior Lake. MN 55372 Philip M. & Theresa R. Bergum 3111 Spring Lake Rd. Prior Lake. MN 55372 Thomas Glenn Asbel 3091 Spring Lake Rd. SW Prior Lake, MN 55372 Dennis M. & Kathleen A. Lawman 17007 Sunset TrI. SW Prior Lake, MN 55372 Steve L. Higgins 3210 Balsam St. SW Prior Lake, MN 55372 DATED: August 8, 2002 at 8:00 a.m. Kohlrusch Title Services, Inc. C~M. arsen, Licensed st acter /"File No. S4865 NOTE: This search was prepared with due diligence and every effort was made to ensure the accuracy of this search, however, Kohlrusch Title Services, Inc. accepts no liability for errors and/or omissions herein. Page 2 Kohlrusch Title Services, Inc. 128 West 3rd Avenue P.O. Box 355 Shakopee, Minnesota 55379 REPRESENTING: Commonwealth COg~IONWEALTH LAND TITLE INStl~O~ COMP~qY According to the records of the BRC Tax System in the Office of the County Treasurer, Scott County, Minnesota, the following is a list of primary tax payers of property lying within 350 feet of the following described property: Lot 12, Block 32, SPRING LAKE TOWNSITE, according to the plat thereof on file and of record in the Office of the County Recorder, SCOTT County, Minnesota. Capital Lending, Inc. 4601 Excelsior Blvd. Minneapolis, MN 55416 James C. Mickley 3124 Spring Lake Rd. SW Prior Lake, MN ~'~"~ · -&) .3/Z Deborah J. Peterson 3147 Vale Cir. SE Prior Lake, MN 55372 Kevin Schroeder 3144 Spring Lake Rd. SW Prior Lake, MN 55372 Darlene S. Casey 3165 Vale Cir. SW Prior Lake, MN 55372 Martha Dille Lynch 16982 DeWitte Ave. SE Prior Lake, MN 55372 Luvella M. Schroeder 16986 DeWitte Ave. SW Prior Lake, MN 55372 Arthur F. Lemieux 3214 170th St. SW Prior Lake, MN 55372 David M. & Cheryl Siehndel 16991 Monroe Ave. SW Prior Lake, MN 55372 Steven Berg 3193 Vale Cir. SW Prior Lake MN 55372 Bradley J. Brown 3207 Vale Cir. SW Prior Lake, MN 55372 Christine M. Barncard 3217 Vale Cir. SW Prior Lake. MN 55372 Michael D. Siehndel 3233 Vale Cir. SW Prior Lake, MN 55372 Cameron W. & Wanda Faircloth 3234 Vale Cir. SW Prior Lake. MN 55372 Steven G. & Marlene Mears 3220 Vale Cir. Prior Lake MN 55372 Karen & Daryn Miller 3206 Vale Cir. SW Prior Lake, MN 55372 Terry L. & Rachel Hurni P.O. Box 343 Prior Lake, MN 55372 James C. Mickley 3124 Spring Lake Rd. SW Prior Lake, MN 55372 Page 1