HomeMy WebLinkAboutBldg Permit 04-1027
CITY OF PRIOR LAKE BUILDING PERMIT,
TEMPORARY CERTIFICATE OF ZONING COMPLIANCE
AND UTILITY CONNECTION PERMIT
I White File
2. Pink City
3 Yellow Applicant
(Please type or print and si~ at bottom)
Date Rec' d
q. ~~,af/
PERMIT NO. 04-,/027
ADDRESS A ~
/i,/)/)/ MMwDDdI ROt/tkJluJ !/i'wU A1IVSS37.;;
LEGAl ~~C~TI~l:ffiC~~ oi~
LOT BLOCK ADDITION LfJ m~
OWNER
(Name)
~t ~ el ~ \..T VL l~ f ( ~I--f r hwAr-5:
(Phone) 1.)".), )/50 - If h? lJ
(Address)
~CtJ.nP
BUILDER
(Company Name)
(Contact Name)
'/)i^ )Y1e V'
(Phone)
(Phone)
I /l ~ O''+; ~
Il, I L 1't1)-V"
TYPE OF WORK 0 New Construction A;!Dec'( - OPorch ORe-Roofing ORe-Siding
DAddition o Alteration OUtility Connection 0 Mise,
CODE: ~I.R.C. DI.B,C.
Type of ~stnlction: I II III IV V A B
Occupancy Group: A B E F HIM R S U
Division: 1 2 3 4 5
(Address)
ZONING (office use)
K/ <;;1)
PID Gl5- 1'I/...OUt;"-CI
OLower Level Finish
PROJECT COST IV ALUE $
(excluding land)
o Fireplace
../
I hereby certifY that I have tl1rnished mformation on this application which is to the best of my knowledge true and correct. I also celtifY that I am the owner or alllhonzed agent for the
above-mentlone pwperty and at I, .-ion will conform to all existing state and local laws and will proceed in accordance with submitted plans. I am aware that the buildmg
otfIci c n rev e this permit r J t c Ise. llt ,._."~ereby agree that the CIty official or a designee may enter upon the property to perform n9~~,.n~o y
Signature Contractor's License No. Date '
, ~OO,Oo
Permit Valuation I Park Support Fee
Permit Fee $ ~ 7~!.7S I SAC
Plan Check Fee $ ~fjil Water Meter Size 5/8"; 1";
State Surcharge $ ~ lOt) I Pressure Reducer
Penalty $ I I Sewer/Water Connection Fee
Plumbing Permit Fee $ I I Water Tower Fee
Mechanical Permit Fee $ I I Builder's Deposit
Sewer & Water Permit Fee $ I I Other
Gas Fireplace Permit Fee $ I I TOTAL DUE ~
~~mngp';~/'~i:;d
/2Z. b '1
I()J~ O+-
Paid
Date
Buildlllg Otlicial
, Dale
I
I
----~ I
~~,
I
I
I
I
#
#
#
#
$
$
$
$
$
$
$
$~
If {,;2.;2 , Co 9
Rece~.' ~7
By #UJL -
I
'0,11."4-
ThiS IS to certify that the request in the above applical10n and accompanying documents is in accordance with the City Zoning Ordinance and may proceed as requested. This document
when signed by the City Planner constItutes a temporary Certificate of Zoning compliance and allows construction to commence. Before occupancy, a Certificate of Occupancy must be
issue~ ~ '0 /~b'-f
Planning DIrector -I-1L-f I Date Special Conditions, if any
24 hour notice for'all inspections (952) 447-9850, fax (952) 447-4245
16200 Eagle Creek Avenue Prior Lake, MN 55372
White - Building
Canary - Engineering
(pink __ - Plannl~
Tht' ('rn.er or the tlkr Countr)'
BUILDING PERMIT APPLICATION DEPARTMENT CHECKLIST
NAME OF APPLICANT
APPLICATION RECEIVED
1.-1 i -- .' I ".-.
I{ \ \ 1\ -'_ ._~
i i
I-
{
'(;.(4-
The Building, Engineering, and Planning Departments have reviewed the building permit
application for construction activity which is proposed at:
I,' _,r L' I
i ,:1" (,_
i j. i
. I
/" /' !
i..,
I L)
i I
i \ \}
\
Accepted
/
Accepted With Corrections
Denied
Reviewed c- ~ m. /Yl.ouu--
Comments:
::r~. - s fo.d:.j) w! ., ~ S'
~ ~~ J- ~ ~.
- V_--""J. ~ t ",,,L.
Date: I {) III J D'-f
kai.... ~~ '/~OCp
V -
.~'~ALIc.. f
"The issuance or granting of a permit or approval of plans, specifications and
computations shall not be construed to be a permit for, or an approval of, any violation of
any of the provisions of this code or of any other ordinance of the jurisdiction. Permits
presuming to give authority to violate or cancel the provisions of this code or other
ordinances of the jurisdiction shall not be valid."
The Cen.er of 1h~ Llk~ Coun1r)'
~~l:1ite - Bui~
Canary - Engineering
Pink - Planning
BUILDING PERMIT APPLICATION DEPARTMENT CHECKLIST
NAME OF APPLICANT
APPLICATION RECEIVED
13b J (!kfWA RS
q. ~~.O4-
I
The Building, Engineering, and Planning Departments have reviewed the building permit
application for construction activity which is proposed at:
I (P 00 I
NOrt;n-fNOOO ~ ~VJ
Accepted
Accepted With Corrections V-
Denied
~,
~~,
,-
~~
~~cU1
~~
&~ cU-f ~~~;. _.-r-~
'- {I
Date:
/ () 11 /0 y
/
Reviewed By:
Comments:
y
/
t.
~
r
"The issuance or granting of a permit or approval of plans, specifications and
computations shall not be construed to be a permit for, or an approval of, any violation of
any of the provisions of this code or of any other ordinance of the jurisdiction. Permits
presuming to give authority to violate or cancel the provisions of this code or other
ordinances of the jurisdiction shall not be valid."
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
September 22, 2004
Michael and Julie Betchwars
16001 Northwood Road
Prior Lake, MN 55372
RE: Lake Shore Setback Variance for Deck Addition to Single Family Home
Case File No.: 04-94
Dear Mr. and Ms. Betchwars:
This letter is to officially inform you that on September 13, 2004, the Planning
Commission approved an ordinary high water elevation setback variance for the
construction of a deck addition to a single family home subject to 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.
3. The applicant must submit an impervious surface calculation worksheet, prepared by
a registered land surveyor, identifying the existing and proposed impervious surface.
Enclosed are two copies of Resolution 04-02PC approving the setback variance. The
certified copy must be recorded at Scott County and the other is a copy for your records.
I have also enclosed an assent form that must be executed and returned to my attention
prior to the issuance of a building permit. '
I am also enclosing, for your records, a copy of Resolution 04-012PC, denying the
impervious surface variance.
If you have any questions, please feel free to contact me at (952) 447-9810.
Sincerely,
~an~e;'A~~
Planning Director
Enclosures
1:\04 fiIes\04 variances\betchwars\approval letwvW.lI:ityofpriorlake.com
Phone 952.447.4230 / Fax 952.447.4245
_.1 . . w
..t
PRIOR LAKE DEPARTMENT OF
BUILDING AND INSPECTION
INSPECTION
RECORD
SITE ADDRESS It.JOo I ~~O ~ ~.~.
TYPE OF WORK ~ I' ~;."
USE OF BUILDING S.F:'C> _ .
PERMIT NO. O~,/OZ 7 DATE ISSUED \Of" (a...
BUILDER ~L&&! 8e"Oi..s~ PHONE ~. &('fO.""o
NOTE: THIS IS NOT A PERMIT FOR ANY OF THE INSPECTIONS BELOW
THE PERMIT IS BY SEPARATE DOCUMENT
INSPECTOR
DATE
, FOOTING ,..,
PLACE NO CONCRETE UNTIL ABOVE HAS BEEN SIGNED
I I
_ /7
I FINAL t/LA~ I I{.l.~~
....
FOR ALL INSPECTIONS (952) 447-9850
'"
~
CITY OF PRIOR LAKE
INSPECTION NOTICE
SCHEDULED
ADDRESS
I/~V
'(
,', :
III (,V fh ww....!
OWNER
CONTR.
PHONE NO.
PERMIT NO.
o FOOTING
o FOUNDATION
o FRAMING
o INSULATION /) _ /J..,
j;J::fftNAL / ~L
o SITE INSPECTION
o PLUMBING RI
o MECH RI
o WATER HOOKUP
o SEWER HOOKUP
o PLUMBING FINAL
o MECH FINAL
COMMENTS:
----
/'
I
~^-
/}
/ f /)X
\ '---'\.
'----
-------
DATE TIME
//-4~
/l-J-
L.{rfOZi
o EXIGRAD/FllllNG
o COMPLAINT
o FIREPLACE RI
o FIREPLACE FINAL
o GASllNE AIR TST
o
......
)
nV2 /
~
~
r^(
~ORK SATISFACTORY, PROCEED
o CORRECT ACTION AND PEED
o CORRECT WORK, CA FOR REINSPECTION BEFORE COVERING
Inspector:
Owner/Contr:
~All447-9850 FOR THE NEXT INSPECTION 24 HOURS IN ADVANCE.
CODE REQUIREMENTS ARE FOR YOUR PERSONAL HEALTH & SAFETY!
IliINOrl
16200 Eagle Creek AASSiNT OF APPLICANT
Prior Lake, MN 55372-1714
File #04-94
As Approved by Resolution #04-02PC
The undersigned hereby assents to the following:
1. I have read the conclusions and conditions of said Resolution, and I am
familiar with their contents and with the content of the exhibits.
2. I fully accept all of the terms and conditions of said Resolution.
3. I understand Section 1108.400 of the Prior Lake Ordinance Code provides as
follows:
1108.413 Revocation and Cancellation of a Variance. AVariance may be
revoked and canceled if the Zoning Administrator determines that
the holder of an existing Variance has violated any of the
conditions or requirements imposed as a condition to approval of
the Variance, or has violated any other applicable laws, ordinances,
or enforceable regulation.
1108.414 After One Year. No Construction Reauired. All Variances shall
be revoked and canceled if 1 year has elapsed from the date of the
adoption of the resolution granting the Variance and the holder of
the Variance has failed to make substantial use of the premises
according to the provisions contained in the Variance.
1108.415 After One Year. New Construction Reauired. All Variances shall
be revoked and canceled after 1 year has elapsed from the date of
the adoption of the resolution granting the Variance if a new
structure or alteration or substantial repair of an existing building is
required by the Variance and the holder has failed to complete the
work, unless a valid building permit authorizing such work has been
issued and work is progressing in an orderly way.
1108.416 Ucon Occurrence of Certain Events. If the holder of a Variance
fails to make actual use of vacant land, or land and structures
which were existing when the Variance was issued and no new
structure, alteration or substantial repair to existing buildings was
required; or if a new structure was required by the Variance and no
building permit has been obtained, the Variance shall be deemed
revoked and canceled upon the occurrence of any of the following
events:
L:\04 FILES\04 VARIANCES\betchwars\ASSENT,doc 1
www.cityofpriorlake.com
Phone 952.447.4230 / Fax 952.447.4245
(1) A change in the Use District for such lands is made by
amendment to the Zoning Ordinance by the City Council.
(2) Eminent domain proceedings have been initiated to take all or
any part of the premises described in the Variance.
(3) The use described in the Variance becomes an illegal activity
under the laws of the United States of America or the State of
Minnesota.
(4) Title to all or part of land described in such Variance is forfeited
to the State of Minnesota for nonpayment of taxes.
(5) The person to whom the Variance was issued files a written
statement in which that person states that the Variance has
been abandoned. The statement shall describe the land
involved or state the resolution number under which the
Variance was granted.
(6) The premises for which the Variance was issued are used by
the person to whom the Variance was issued in a manner
inconsistent with the provisions of such Variance.
4. I understand the granting by the City of this Resolution is in reliance on the
representations that I will fully comply with all of the terms and conditions of
said Resolution. I understand and agree upon notice of non-compliance with
any term or condition, I shall immediately cease conducting activities
pursuant to the notice or will take all actions necessary to accomplish full
compliance with said notice and conditions of the Resolution.
CJ -?-b -IJ lj
DATE
~-;':;~~of)L~
~UKCO~~ ~
16001 Northwood Road
ADDRESS OF PROPERTY
L:\04 FILES\04 VARIANCES\betchwars\ASSENT.doc 2
--_... ..-'...-.,..... .....;.
Imnervious Surface Variance
Lot Area = 30,101 above 904.00 Sq. Feet x 30% = 9030
Total Impervious Surface before remodel = 9685
Over by 655.
As the permit has been issued we would be required to remove 241 square feet of driveway.
Driveway Area = 6970
Our neighbor has an easement on our property to access his home. This easement requires a very
large area of additional driveway which would not be necessary for our own use. If we were able
to eliminate that driveway area the impervious surface for our lot would be greatly reduced, but
we are not able to. Another factor is the odd shape of our lot (substandard by definition) - it is a
deep lot in a skinny pie shape. The combination of the easement with the driveway and the odd
shape of the lot, and the original positioning ofthe house at an angle make it very difficult to
work with. We feel that this causes a hardship for us.
The other part of the problem is the location of our lot, and the lots of our neighbors in relation to
Northwood Road. Our driveway is shared by two houses, 16001 and 16009; in addition there are
three other houses, 16013, 16015 and 16027 which all converge onto Northwood Road at the
same 90 degree angle in the street. Obviously, this does not allow for on street parking - much
less safe on street parking. We have already lost our joint mail boxes to a driver who went
straight at that 90 degree turn instead of making the turn.
Also, the address of 16027 Northwood Road, as I understand it, is two lots, 119 & 120. The
house that was on that property has been moved out - is it possible that these two lots could be
divided and two houses built on that property? If so, that would mean we would have six homes
all converging on that comer of North wood Road.
Ifwe are allowed our 50 foot set back variance - we could remove the stairs which would be an
area of 58 square feet of impervious surface. If we were able to eliminate this 58 feet we would
then only be over by 183 square feet (over the existing impervious surface amount). We would
like to be allowed to leave this 183 square feet of driveway as it is, rather than have to remove
that area from somewhere in the driveway.
We know that the quality of our lake water is of paramount importance. That is why we are not
adding any impervious service on the lake side of our property. It is also why we are not trying
to build a mansion on our lot. We would just like to expand our modest home of 21 00 square
feet to accommodate an updated kitchen and add a small amount of space. We are not asking to
add a triple garage or anything extravagant. We will be greatly improving our property from it's
current 1968 status and making it a quality home that the community can be proud of.
Betchwars, 16001 Northwood Road NW
..
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
SITE ADDRESS:
PREPARED BY:
PUBLIC HEARING:
DATE:
CASE FILE:
SA
CONSIDER A VARIANCE FOR THE CONSTRUCTION
OF A DECK ADDITION
16001 NORTHWOOD ROAD
JANE KANSIER, PLANNING DIRECTOR
X YES NO-N/A
AUGUST 23, 2004
04-94
INTRODUCTION
Mike and Julie Betchwars are requesting variances to construct a garage and a
deck addition to an existing single family dwelling on property located at 16001
Northwood Road. In order to construct these additions as shown on the attached
survey, the following variances are required:
1. A 4 foot variance from the required 50 foot ordinary high water setback
required in the R-1 SO (Low Density Residential Shoreland) district.
(Section 1104.302 [4])
2. A 241 square foot variance to the maximum impervious surface
requirement. (Section 1104.306 [1])
BACKGROUND
The property is zoned R-1 (Low Density Residential) and SO (Shoreland Overlay
District), and is guided R-L1MD (Urban Low/Medium Density Residential) in the
2020 Comprehensive Plan.
The existing house on the property was built in 1968. In 2004, a building permit
was issued for the garage and the deck addition on the east side (lakeside) of the
house. A condition of approval of the permit was the removal of 241 square feet
of impervious surface on the driveway. Although the existing impervious surface
exceeds the maximum 30%, the removal of the 241 square feet would offset any
additional impervious surface created by the addition. The permit also allowed
the reconstruction of the existing deck and stairway, even though they
1:\04 files\04 variances\betchwars\pc reportd~.cityofpriorlake.com
Phone 952.447.4230 / Fax 952.447.4245
encroached into the required setback from the Ordinary High Water Elevation
(OHW). The new portion of the deck was to be at least 50' from the OHW.
The picture to the right is a view of the
garage addition on the front of the house.
The portion of the driveway to be removed
is located approximately where the two
cars are parked in the right of the picture.
The pictures below offer a view of the east side of the house. The existing deck
was located on the left side of the house; the stairway was located on the hillside.
The new deck is to be located on the right side of the house.
DISCUSSION
The applicants are requesting the variance to the impervious surface requirement
in order to maintain the existing driveway area. The variance to the OHW
setback would allow them to remove the existing stairs and build the deck
straight across. The new access to the deck would be via a terraced stairway in
the hillside.
The existing lot is a platted lot of 30,101 square feet. The dimensions of the
parcel are 48.72' wide by 365' deep on the north side and 308.39' on the south
side. This is also a riparian lot, approximately 106' wide at the ordinary high
water elevation (OHW). The lot meets the minimum lot area and minimum lot
width at the OHW requirements for a riparian lot. The lot width at the front
setback line is nonconforming.
The existing driveway not only provides access to the applicants' property, but
also to the property to the south (16009 Northwood Road). The portion of the
1:\04 files\04 variances\betchwars\pc report. doc
2
driveway on the south side of the lot cannot be removed because of the shared
access. This does not preclude the removal of the area on the east side of the
driveway.
The original deck and stairway that can be replaced are located approximately
39' from the OHW. The proposed deck would not be located any closer to the
OHW that the original deck. At the stairway location, the new deck is actually
further away from the OHW.
ANAL YSIS
Variance 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 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.
A reasonable use in this case is a single family dwelling, because the
property is zoned R-1. The applicants can replace the existing deck, and still
have room for a deck addition without encroaching into the required setback.
The strict application of the OHW setback does not create a practical
difficulty, because access to the lakeside of the house can be gained via the
lower level patio door. The removal of a portion of the driveway will not have
a negative impact on the existing house.
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 OHW setback applies to all riparian properties in the R-1 SO use district.
The lot is 30,101 square feet in area. Although the configuration is not a
perfect rectangle, it still provides ample area to construct a reasonable use on
the property.
3. The granting of the proposed variance is necessary for the preservation
and enjoyment of a substantial property right of the owner.
1:\04 files\04 variances\betchwars\pc report. doc
3
The granting of the OHW setback variance is not necessary for the enjoyment
of the property, because a single family dwelling, including decks, is present
on the property. Moreover, the removal of the portion of the driveway will not
impact the use of the driveway.
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.
It does not appear as though the variance will impair an adequate supply of
light and air to adjacent property or negatively impact public safety. The
increase in impervious surface may cause additional runoff to the lake.
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 OHW setback variance may impact the character and
development of the neighborhood because it will allow further encroachment
towards the lake.
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 Zoning Ordinance is to "prevent overcrowding of land
and undue concentration of structures and population by regulating the use
of land and buildings and the bulk of buildings in relation to the land
surrounding them." This purpose is implemented through required minimum
setbacks and the maximum impervious surface. The proposed variances
are inconsistent with the purpose of the Zoning 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 variances serve as a convenience to the property owner. They are not
necessary to alleviate a demonstrable undue difficulty. The applicants are
able to construct a garage and a deck on the on the property and access the
lakeside of the house without any variances.
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.
1:\04 files\04 variances\betchwars\pc report doc
4
The unwillingness of the applicants to remove the excess impervious surface
and the design of the deck create the alleged hardship. It does not result
from the strict application of the OHW setback provision.
9. Increased development or construction costs or economic hardship
alone shall not be grounds for granting a variance.
Staff does not believe that increased development or construction costs or
economic hardship are the basis of this request.
CONCLUSION
The strict application of the maximum impervious surface and the required
ordinary high water setback does not pose undue difficulties on the development
of the property. An existing single family dwelling, with decks, complies with
required setbacks. Based upon the findings set forth in this report, staff
recommends denial of the variance.
ALTERNATIVES
1. Approve the variances requested by the applicant, or approve any variance
the Planning Commission deems appropriate in the circumstances. In this
case, the Planning Commission should direct the staff to prepare a resolution
with findings supporting the variance request.
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 Ordinance criteria.
RECOMMENDATION
Staff recommends alternative #3.
However, should the Planning Commission approve this variance request, staff
recommends the following condition:
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.
1:\04 files\04 variances\betchwars\pc report.doc
5
3. The applicant must submit an impervious surface calculation worksheet,
prepared by a registered land surveyor, identifying the existing and
proposed impervious surface.
ACTION REQUIRED
This request requires the following motion:
1. A motion and second adopting Resolution 04-12PC denying the 4 foot
ordinary high water elevation setback variance for the construction of a deck
addition and denying the 241 square foot variance to the maximum
impervious surface requirement.
ATTACHMENTS
1 . Location map
2. Survey
3. Deck Plan
4. Applicant's Narrative
5. Aerial Photo
]:\04 files\04 variances\betchwars\pc report. doc
6