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PLANNING COMMISSION MINUTES
TUESDAY, MAY 27, 2003
1. Call to Order:
Chairman Stamson called the May 27, 2003,'Planning Commission meeting to order at 6:30 p.m.
Those present were Commissioners Atwood, Criego, Lemke, Ringstad and Stamson, Planning
Coordinator Jane Kansier, Planner Cynthia Kirchoff, Zoning Administrator Steve Horsman,
Assistant City Engineer Larry Poppler and Recording Secretary Connie Carlson.
2. Roll Call:
Atwood
Criego
Lemke
Ringstad
Stamson
Absent
Present
Present
Present
Present
Commissioner Atwood arrived at 6:31 p.m.
3. Approval of Minutes:
The Minutes from the May 12,2003, Planning Commission meeting were approved as presented.
4.
Consent:
None
5. Public Hearings:
Commissioner Stamson read the Public Hearing Statement and opened the meeting.
A. Case #03-40 Michael and Debra McGahey are requesting variances from the zoning
ordinance for the construction of a 576 square foot detached garage on property located at
14948 Pixie Point Circle SE.
Planner Cynthia Kirchoff presented the Planning Report dated May 27,2003 on file in the office
of the City Planning Department.
Michael and Debra McGahey are requesting variances from the zoning ordinance for the
construction of a 576 square foot detached garage on property located at 14948 Pixie Point Circle
SE. In order to construct the detached garage the following variances are required:
1. A 17.5 foot variance from the required minimum 20 foot average front yard setback.
2. A 6 foot variance from the required 11 foot side yard separation setback.
3. A 6.8 percent variance from the maximum 31.5 percent impervious surface standard for
shore land lots.
The property currently does not have a garage. Topography and a sanitary sewer easement
encumbers the site and creates an undue hardship, consequently staff supports the setback
variances because a reasonable use is not present on the property. However, the proposed
impervious surface coverage variance could be reduced to the existing level of 31.5 percent by
the removal of some of the existing sidewalk pavers or reducing their width to be less than the 3
feet exempted under the ordinance.
L:\03 Files\03 Planning Comm\03pcMinutes\MN052703.doc 1
Planning Commission Meeting
May 27,2003
Staff recommended approval of a 17.5 foot variance from the 20 foot front yard setback and a 6
foot variance from the 11 foot side yard separation setback for the construction of a detached
garage, 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 driveway shall be a maximum of 24 feet in width at the property line and meet the
minimum 5 foot side yard setback.
4. The driveway shall be surfaced with bituminous or concrete.
5. The garage shall be compatible in design and materials with the principal structure.
6. Impervious surface coverage shall not exceed 31.5 percent.
7. The accessory structure shall not encroach into the 20 foot sanitary sewer easement.
8. A soils report shall be submitted with the building permit application.
Staff recommended denial of the 6.8 percent variance from the maximum 31.5 percent
impervious surface coverage standard.
The DNR commented bye-mail they would recommend removal of the impervious surface
coverage were not in support of any increase.
A letter from their neighbor, Ed Feiker opposes the requested variances.
Questions by Commissioners:
Criego questioned the side yard setback of 15 feet between structures on substandard lots.
Kirchoff responded there would be 18 feet between the structures on one side. The neighbor's
detached garage is 4 feet from the property line causing the variance request.
Comments by the Public:
Applicant Mike McGahey gave a brief history of the lot from 1957 when it was Eagle Creek
Township. The constraint on the lot was a sewer line through the property. After talking to staff,
the McGaheys decided to go ahead with plans to construct a garage. All the runoff issues have
been addressed. The excessive impervious surface is due mostly to pavers on the patio and
sidewalk. Mike felt the pavers are effective and will continue to use pavers for the driveway.
McGaheys agreed with staff's recommendation.
Lemke asked McGahey if staff thought the garage door should be facing the street. McGahey
said they considered it, but his 22 foot pickup does not fit. Valley Engineering also agreed that
the side loading would not work on this property.
Ed Feiker, 14946 Pixie Point Circle, stated he is against the east 5 foot variance. The McGaheys
are good neighbors but he was not aware of the proposed garage. He felt they should have a
garage but not a large 24 by 24 foot garage. Feiker was concerned the value of his property would
decrease with their garage that close to the property line. The garage will also block his view of
the sun and street.
L:\03 Files\03 Planning Comm\03pcMinutes\MN052703.doc 2
Planning Commission Meeting
May 27, 2003
Debby McGahey, explained part of the difficulty is working around the unusual sewer line. They
are very restricted with the location of the garage and are trying to stay within the ordinances.
Mr. Feiker's garage is 4 feet from the property line. It is a hardship not to have a garage and
storage area.
The public hearing was closed.
Comments from the Commissioners:
Criego:
. Agreed with staff's report, there are hardships with the sewer line going through the
property .
. Agreed with staff's recommendation not to increase the impervious surface.
. It is necessary to have a garage. A 24x24 foot garage is not unusual. Its too bad the
neighbor's garage is 4 feet away.
. Fine with the request as long as it remains 5 feet away from the property line.
Lemke:
. Agreed with Criego. There is a hardship.
. Staff is correct in stating a 24x24 foot garage is a standard 2-car garage in Minnesota.
. Support staff's recommendation.
. Agree the impervious surface should not be increased.
Ringstad:
. Agreed with Commissioners. The Commissioners have consistently stated that 2-car
garages are a reasonable use and lack of a garage is a hardship. Properties that do not
currently have a 2-car garage, if at all possible, should. It is a hardship with an easement
through the property line.
. Agreed with not going beyond the existing 31.5 percent impervious surface. The
Commissioners have also showed consistency in not increasing the impervious surface on
riparian lots.
Atwood:
. Agreed - Given the constraint of the sewer easement this is a hardship.
. Asked for clarification on a former issue with pavers. Kansier stated staffhas not
accepted pavers as impervious. The issue with pavers was with a Planned Unit
Development. The Commissioners allowed a modification to the maximum impervious
surface. It was felt at that point, it was a larger development and staff had control over
the design and location of the pavers. The homeowner's association document wi11lay
out the maintenance of the pavers. It was something the City would try. Pavers have not
been allowed as pervious surface on other single family lots. The DNR and City staff are
not convinced of the effectiveness.
. Stamson stated the development the Commissioners looked at was a very complicated
installation procedure. More than what you would see in a driveway.
. Criego said the applicant could put in pavers but it would be considered pervious.
. Is this property considered a bluff? Kirchoff said there is a topography change on the
bluff but not more than 30 percent. It is not a bluff.
. A garage should not be denied given the constraints.
. Would be willing to extend the impervious surface percentage.
L:\03 Files\03 Planning Comm\03pcMinutes\MN052703.doc 3
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Planning Commission Meeting
May 27. 2003
Stamson:
. Concurred with Staff artd Commissioners.
. The sewer line on this property is unique and creates a set of hardships in placement of
the garage. That warrants the first two variances from setbacks.
. The second variance to allow clearance between the structures- noting the neighbor's
garage is a detached garage 4 feet away.
. The placement of the easement is not a hardship for impervious surface.
. This is not an unusually small lot. Even if lack of a garage is a hardship the impervious
surface should remain as is.
Open Discussion:
Lemke:
. Assuming the sidewalks are included in the impervious surface calculations.
. Noting condition number 4 in the staff report indicates the driveway should be surfaced
with bituminous or concrete. Could that be changed to allow pavers? Kansier and
Kirchoff said they could.
MOTION BY ATWOOD, SECOND BY RINGSTAD, ADOPTING RESOLUTION 03-03PC
APPROVING A 17.5 FOOT VARIANCE FROM THE REQUIRED 20 FOOT FRONT YARD
SETBACK AND A 6 FOOT VARIANCE FROM THE REQUIRED 11 FOOT SIDE YARD
SEPARATION SETBACK INCLUDING THE 8 CONDmONS LISTED IN THE STAFF
REPORT FOR THE CONSTRUCTION OF A DETACHED GARAGE.
Vote taken indicated ayes by all. MOTION CARRIED.
MOTION BY RINGSTAD, SECOND BY CRIEGO, ADOPTING RESOLUTION 03-04PC
DENYING A 6.8 PERCENT VARIANCE FROM THE 31.5 PERCENT MAXIMUM
IMPERVIOUS SURFACE STANDARD FOR THE CONSTRUCTION OF A DETACHED
GARAGE.
Vote taken indicated ayes by Ringstad, Criego, Lemke and Stamson. Nay by Atwood. MOTION
CARRIED.
Stamson explained the appeal process.
B. Case #03-46 John and Arlene Kalton are appealing the Zoning Administrator's
decision to not permit a dog kennel land use in an R-l District.
Zoning Administrator Steve Horsman presented the Planning Report dated May 27,2003, on file
in the office of the City Planning Department.
The Planning Department received an Appeal Notice from John & Arlene Kalton regarding
staffs decision to not allow a dog kennel land use. Staff received complaints regarding the
number of dogs on the subject property.
The appellant submitted documentation on 14 dogs they stated to have retrieved from the
American kennel Club records. The appellants stated they currently have 8 dogs. Staff reviewed
the submitted documentation and determined the request did not meet the requirement for a legal
l :\03 Files\03 Planning Comm\03pcMinutes\MN052703.doc 4
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RESOLUTION 03.108
A RESOLUTION UPHOLDING THE DECISION OF THE BOARD OF ADJUSTMENT
APPROVING A 17.5 FOOT VARIANCE FROM THE REQUIRED 20 FOOT FRONT YARD
SETBACK AND A 6 FOOT VARIANCE FROM THE REQUIRED 11 FOOT SIDE YARD
SEPARATION SETBACK FOR THE CONSTRUCTION OF A DETACHED GARAGE
MOTION BY PETERSEN, SECOND BY LEMAIR
BE IT RESOLVED BY the City Council of the City of Prior Lake, Minnesota;
FINDINGS
1. Edward Feiker has appealed the Board of Adjustment's decision to approve front yard and
side yard separation setback variances for the construction of a 576 square foot detached
garage on property zoned R-1 (Low Density Residential) and SD (Shoreland Overlay District)
at the following location, to wit;
14948 Pixie Point Circle SE,
Lot 5, Eastwood 1st Addition, Scott County, Minnesota.
2. The City Council has reviewed the application for the variances as contained in Case #03-
56PC, held a public hearing, and upheld the Board of Adjustment's decision hereon on July 7,
2003.
3. The City Council 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 narrowness and topographic conditions of this lot create a difficulty in complying with the
strict application of the setback provisions of the zoning ordinance. Moreover, the 20 foot wide
sanitary sewer easement limits the location of any garage.
5. The property exhibits extreme topography that constrains development of the property. Also,
since the property lines are not perfectly perpendicular, the garage cannot be shifted further to
the west and still maintain the requested 2.5 front yard setback.
r:\resoluti\planres\2003\03-108.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. The granting of the setback variances are necessary for the preservation and enjoyment of a
reasonable use of the property because without the relief the applicant will not be able to
construct a garage on the property, which is considered a reasonable use.
7. One purpose of the zoning ordinance is to "provide adequate off-street parking and loading
facilities." The variance appears to be consistent with the intent of the zoning ordinance, that
is, to allow the storage of vehicles and other materials within an enclosed structure. The
property currently does not have a garage, which is customarily considered to be a reasonable
use in residential zoning districts.
8. The setback variances are not a convenience. There are no other options for the construction
of a garage on the property within the buildable area. It is necessary to alleviate a
demonstrable undue hardship. The property cannot be put to a reasonable use as allowed in
the R-1 use district without relief from required front and side yard setbacks.
9. The difficulty was created by the sanitary sewer easement, the topographic change, the lot
shape, and the required 20 foot front yard setback. The property owner did not create the
hardship.
10. The contents of Planning Case #03-56PC 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 City Council hereby upholds the decision of the
Board of Adjustment granting the following variances for the construction of a detached garage, as
shown on Exhibit A- Certificate of Survey:
1. A 17.5 foot variance from the required minimum 20 foot front yard setback (Section
1102.405 (4) Setback Requirements for Residential Structures).
2. A 6 foot variance from the required 11 foot side yard separation setback (Section
1101.502 (8) Required Yards/Open Space).
Passed and adopted this 7th day of July, 2003.
YES
NO
Hauqen X Haugen
Blomberg X Blomberg
LeMair X LeMair
Petersen X Petersen
Zieska X Zieska
{Seal}
Frank::! ~
r:\resoluti\planres\2003\03-10B.doc
2
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RESOLUTION 03-04PC
A RESOLUTION DENYING A 6.8 PERCENT VARIANCE FROM THE 31.5
PERCENT MAXIMUM IMPERVIOUS SURFACE COVERAGE STANDARD FOR
THE CONSTRUCTION OF A DETACHED GARAGE
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake,
Minnesota;
FINDINGS
1. Michael and Debra McGahey are requesting variances from the zoning
ordinance for the construction of a 576 square foot detached garage on
property zoned R-1 (Low Density Residential) and SD (Shoreland Overlay
District) at the following location, to wit;
14948 Pixie Point Circle SE,
Lot 5, Eastwood 1st Addition, Scott County, Minnesota.
2. The Board of Adjustment has reviewed the application for the variance as
contained in Case #03-40PC and held a hearing thereon on May 27,2003.
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 impervious surface variance could be eliminated with the reduction of
existing hard surface. An undue hardship is not present to warrant relief from
this provision.
5. The existing conditions of the property are not such to require relief from the
maximum impervious surface standard. The property owner has already
been given relief pursuant to Section 1104.306 (1).
6. Impervious surface in excess of 38 percent is not required for the
preservation and enjoyment of the residential use of the property. A garage
can still be constructed on the property without the addition of hard surface.
1:\03 files\03 variances\mcgahey\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
7. Permitting additional impervious surface would be contrary to the intent of the
zoning ordinance, one purpose of which is to eliminate nonconformities.
Allowing additional impervious surface would be considered an expansion of
a nonconformity. In addition, the shoreland ordinance permits existing non-
compliant impervious surface coverage to be maintained with the
construction of an addition, so exceeding the current level would be
inconsistent with this provision of the shoreland ordinance.
8. The impervious surface coverage variance appears to be self-created
because the applicant has made no attempt to reduce it as part of the
application.
9. The contents of Planning Case #03-40PC are hereby enteied 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 for the construction of a detached garage, as
shown on Exhibit A - Certificate of Survey:
1. A 6.8 percent variance from the maximum 31.5 percent impervious
surface standard for shoreland lots (Section 1104.306 Impervious Surface
Coverage ).
Adopted by the Board of Adjustment on M.~003.
r ~
Anthony Stamson, Commission Chair
ATTEST:
Donald R. Rye, Community Development Director
1:\03 files\03 variances\mcgahey\deny resolution.doc
2
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RESOLUTION 03-03PC
A RESOLUTION APPROVING A 17.5 FOOT VARIANCE FROM THE
REQUIRED 20 FOOT FRONT YARD SETBACK AND A 6 FOOT VARIANCE
FROM THE REQUIRED 11 FOOT SIDE YARD SEPARATION SETBACK FOR
THE CONSTRUCTION OF A DETACHED GARAGE
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake,
Minnesota;
FINDINGS
1. Michael and Debra McGahey are requesting variances from the zoning
ordinance for the construction of a 576 square foot detached garage on
property zoned R-1 (Low Density Residential) and SD (Shoreland Overlay
District) at the following location, to wit;
14948 Pixie Point Circle SE,
Lot 5, Eastwood 1st Addition, Scott County, Minnesota.
2. The Board of Adjustment has reviewed the application for the variance as
contained in Case #03-40PC and held a hearing thereon on May 27, 2003.
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 narrowness and topographic conditions of this lot create a difficulty in
complying with the strict application of the setback provisions of the zoning
ordinance. Moreover, the 20 foot wide sanitary sewer easement in
conjunction with the topography of this lot limits the location of any garage.
5. The property exhibits extreme topography that constrains development of the
property, in particular limits the location of a garage. Since the property lines
are not perfectly perpendicular, the garage cannot be shifted further from the
east property line and still maintain the requested 2.5 front yard setback. .
1:\03 files\03 variances\mcgahey\approval 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. The granting of the setback variances are necessary for the preservation and
enjoyment of a reasonable use of the property because without the relief the
applicant will not be able to construct a garage on the property, which is
considered a reasonable use.
7. One purpose of the zoning ordinance is to "provide adequate off-street
parking and loading facilities." The variance appears to be consistent with
the intent of the zoning ordinance, that is, to allow the storage of vehicles and
other materials within an enclosed structure. The property currently does not
have a garage, which is customarily considered to be a reasonable use in
residential zoning districts.
8. The setback variances are not a convenience. There are no other options for
the construction of a garage on the property within the buildable area. It is
necessary to alleviate a demonstrable undue hardship. The property cannot
be put to a reasonable use as allowed in the R-1 use district without relief
from required front and side yard setbacks.
9. The difficulty was created by the sanitary sewer easement, the topographic
change, and the required 20 foot front yard setback. The property owner did
not create the hardship for the setback variances.
10. The contents of Planning Case #03-40PC are hereby entered into and made
a part of the public record and the record of decision for this case.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby
approves the following variances to allow for the construction of a detached
garage, as shown on Exhibit A- Certificate of Survey:
1. A 17.5 foot variance from the required minimum 20 foot front yard setback
(Section 1102.405 (4) Setback Require~ents for Residential Structures).
2. A 6 foot variance from the required 1~'foot side yard separation setback
(Section 1101.502 (8) Required Yards/Open Space).
The following conditions shall be complied with prior to the issuance of a building
permit for the construction of a detached accessory structure on the subject site:
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.
1:\03 files\03 variances\mcgahey\approval resolution.doc
2
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2. The building permit is subject to all other applicable city, county, and state
agency regulations.
3. The driveway shall be a maximum of 24 feet in width at the property line and
meet the 5 foot side yard setback.
4. The driveway shall be constructed of hard surface.
5. The garage shall be compatible in design and materials with the principal
structure.
6. Impervious surface coverage shall not exceed 31.5 percent.
7. The accessory structure shall not encroach into the 20 foot sanitary sewer
easement.
8. A soils report shall be submitted with the building permit application.
Adopted by the Board of Adjustment on May ~ _
AntHony Stamson, Commission Chair
ATTEST:
Donald R. Rye, Community Development Director
1:\03 files\03 variances\mcgahey\approval resolution.doc
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Scott County Customer Service
(952) 496-8150
# 300325 14-JUL-2003
REPRINT 14-JUL-2003
PRIOR LAKE, CITY OF
T Memorial
Torrens
Total for Fee
FILE NUMBER OR NAME:
RESOLUTION 03-100
Receipt Total
Check
Payment Total
Change
1@
20 OOea
20,00
2000,
20,00
20,00
0,00
ASSENT OF APPLICANT
Ie
As Approved by Resolution # 03-100
The undersigned hereby assents to the following:
1. I have read the conclusions and conditions of said Resolution, and I am
familiar with their contents and with the content of the exhibits.
2. I fully accept all of the terms and conditions of said Resolution.
3. I understand Section 1108.400 of the Prior Lake Ordinance Code provides as
follows:
1108.413 Revocation and Cancellation of a Variance. A Variance may be
revoked and canceled if the Zoning Administrator determines that
the holder of an existing Variance has violated any of the
conditions or requirements imposed as a condition to approval of
the Variance, or has violated any other applicable laws,
ordinances, or enforceable regulation.
1108.414 After One Year, No Construction Required. All Variances shall
be revoked and canceled if 1 year has elapsed from the date of the
adoption of the resolution granting the Variance and the holder of
the Variance has failed to make substantial use of the premises
according to the provisions contained in the Variance.
1108.415 After One Year, New Construction Required. All Variances shall
be revoked and canceled after 1 year has elapsed from the date of
the adoption of the resolution granting the Variance if a new
structure or alteration or substantial repair of an existing building is
required by the Variance and the holder has failed to complete the
work, unless a valid building permit authorizing such work has been
issued and work is progressing in an orderly way.
1108.416 Upon Occurrence of Certain Events. If the holder of a Variance
fails to make actual use of vacant land, or land and structures
which were existing when the Variance was issued and no new
structure, alteration or substantial repair to existing buildings was
required; or if a new structure was required by the Variance and no
building permit has been obtained, the Variance shall be deemed
revoked and canceled upon the occurrence of any of the following
events:
L:\03 FiIes\03 Variances\McGahey\Assent Form.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
(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.
7/1'f(03
r1~y, JY>C~m
SIGNATURE OF APPLI ANT
~ ~ "W)~~
SIGNATURE OF OWNER
DATE
14948 PIXIE POINT CIRCLE SE, PRIOR LAKE, MN
ADDRESS OF PROPERTY
L:\03 Files\03 Variances\McGahey\Assent Form.DOC 2
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AGENDA ITEM:
SUBJECT:
SITE:
PRESENTER:
REVIEWED BY:
PUBLIC HEARING:
DATE:
CASE FILE:
INTRODUCTION:
PLANNING REPORT
5A
CONSIDER VARIANCES FROM THE ZONING
ORDINANCE FOR THE CONSTRUCTION OF A 576
SQUARE FOOT DETACHED GARAGE
14948 PIXIE POINT CIRCLE SE
CYNTHIA KIRCHOFF, AICP, PLANNER
JANE KANSIER, PLANNING COORDINATOR
X YES NO-N/A
MAY 27,2003
03-40
Michael and Debra McGahey are requesting variances from the zoning
ordinance for the construction of a 576 square foot detached garage on property
zoned R-1 (Low Density Residential) and SO (Shoreland Overlay District) and
located at 14948 Pixie Point Circle SE (Lot 5, Eastwood 1st Addition). The
property is guided Urban Low/Medium Density Residential in the 2020
Comprehensive Plan.
In order to construct the detached garage shown on Attachment 4, the following
variances are required:
1. A 17.5 foot variance from the required minimum 20 foot average front yard
setback (Section 1102.405 (4) Setback Requirements for Residential
Structures).
2. A 6 foot variance from the required 15 foot side yard separation setback
(Section 1101.502 (8) Required Yards/Open Space).
3. A 6.8 percent variance from the maximum 31.5 percent impervious
surface standard for shoreland lots (Section 1104.306 (1) Impervious
Surface Coverage).
BACKGROUND:
The subject property is a riparian lot on Prior Lake. A single family dwelling,
constructed in 1959, currently occupies the site. The property was platted as Lot
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
8, Eastwood 1st Addition in 1954. The lot is 8,498 square feet in area above the
ordinary high water level of Prior Lake and approximately 47 feet in width at the
front yard setback. A garage is not present on the property. Gravel off-street
parking is located within the Pixie Point Circle right-of-way.
According to the survey, the
existing dwelling is 44 feet
from the property line abutting
Lakeside Avenue and is 64
feet from the ordinary high
water level of Prior Lake
(904'). In 1988, a 5 foot side
yard setback variance was
granted for the construction of
a living space addition.
The site is encumbered by a
20 foot wide sanitary sewer
easement that runs between
the existing dwelling and Pixie
Point Circle. Structures are not permitted within the easement. Furthermore, the
site exhibits a significant topography change from Pixie Point Circle (942') to
Prior Lake (904'). However, the slope does not exceed 30 percent so it is not
considered a bluff.
Since the property is zoned R-1, a reasonable use is a single family dwelling with
a two stall garage.
DISCUSSION:
The applicant would like to construct a 24 foot by 24 foot (576 sq. ft.) detached
accessory structure on the property because they currently do not have a
garage. The following table compares the proposed garage to minimum
ordinance requirements:
TABLE 1
Proposed accessory structure compared to R-1 setback requirements
Front Side - West Side - East
Required 20' 5' 11'
Proposed 2.5' 18' 5'
Setback Variances
The zoning ordinance requires properties zoned R-1 to maintain a 25 foot front
yard setback, however, this setback may be the average setback of those
properties within 150 feet on the same block front, but may be neither less than
L:\03 Files\03 Variances\McGahey\PC Report.DOT
2
20 nor more than 50 feet. In this instance, the average setback would be 20 feet
because the average is 19.6 feet. The garage is proposed to be set back 2.5
feet from the property line abutting Pixie Point Circle.
Side yard setbacks on nonconforming shoreland lots of record, that is less than
90 feet in width at the front yard setback, are permitted to be a minimum of 5 feet
provided that that sum of the side yards is 15 feet and a minimum 15 foot
separation is maintained from structures on adjacent lots. No yard
encroachments (Le., eaves, gutters, and basement egress windows) are
permitted with a 5 foot setback. The proposed east side yard setback is 5 feet.
Since the garage on the property to the east is only 4 feet from the property line,
the minimum side yard setback for the subject garage would be 11 feet.
Impervious Surface Variance
The proposed impervious surface coverage is 38.3 percent. "Impervious surface
shall include, but not be limited to, all driveways and parking areas, whether
paved or not, sidewalks greater than 3 feet in width, patios, tennis and basketball
courts, swimming pools, covered decks and other structures." The existing hard
surface is 31.5 percent, so the property is already non-compliant, but the
shoreland ordinance states "an existing site which is being altered, remodeled, or
expanded without expanding the existing impervious surface may be allowed,
provided that where appropriate and where necessary, structures and practices
for the treatment of storm water runoff are in compliance with the Prior Lake
Storm Water Management Plan and approved by the City Engineer" (Section
1104.306(1 )). Thus, if the alteration does not exceed existing coverage, a
variance would not be required. In this instance, a 6.8 percent variance would be
necessary since the proposed impervious surface is 38.3 percent and the
existing is 31.5 percent. This variance request could be eliminated with the
removal of some existing hard surface and/or reduction of the width of existing
paver sidewalks.
Detached accessory structures, in general
In the R-1 use district, a single family dwelling is a permitted use, and a detached
private garage is an accessory use. A private garage is defined as "a detached
accessory building or portion of the principal building which is situated on the
same lot as the principal building used primarily for storing motor vehicles..."
The zoning ordinance requires a minimum of 2 parking stalls for a single family
dwelling. The site currently has parking on an open gravel surface. Although the
zoning ordinance does not require parking for a single family dwelling to be
completely enclosed, a two-stall garage is customarily considered a reasonable
use in a residential use district, particularly in Minnesota.
On riparian lots, detached accessory structures are permitted between the front
building wall and the street offering access to the lot provided it complies with
L:\03 Files\03 Variances\McGahey\PC Report.DOT
3
required front and side yard setbacks and is compatible in design and materials
with the principal structure. The proposed garage meets the required west side
yard setback, but encroaches into the front and east side yard setbacks. It will
be a condition of approval that the garage be compatible in appearance with
existing dwelling. Also, detached accessory structures in residential use districts
are limited to 832 square feet in area. The proposal is only 576 square feet, so it
is in compliance with that provision.
The zoning ordinance requires driveways to maintain a 5 foot setback from side
property lines. Moreover, driveways are limited to 24 feet in width. The existing
gravel parking pad does not meet these requirements. The survey indicates that
garage is to be side loading, however, the applicant informed staff that this
configuration is not appropriate given the existing topography. Although a side
loading garage would be optimal for additional off-street parking, the required
driveway setback would not provide an adequate turning radius. Thus, vehicular
access to the garage should be from the front.
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.
The narrowness and topographic conditions of this lot create a difficulty in
complying with the strict application of the setback provisions of the zoning
ordinance. Moreover, the 20 foot wide sanitary sewer easement in
conjunction with the topography of this lot limit the location of any garage.
However, the impervious surface variance could be eliminated with the
reduction of existing hard surface. An undue hardship is not present to
warrant relief from this provision.
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 property exhibits extreme topography that constrains development of the
property in addition to the sanitary sewer easement, in particular limits the
location of a garage. Since the property lines are not perfectly perpendicular,
L:\03 Files\03 Variances\McGahey\PC Report.DOT
4
the garage cannot be shifted further from the east property line and still
maintain the requested 2.5 front yard setback.
The existing conditions of the property are not such to require relief from the
maximum impervious surface standard. The property owner has already
been given relief pursuant to Section 1104.306 (1).
3. The granting of the proposed Variance is necessary for the preservation
and enjoyment of a substantial property right of the owner.
The granting of the setback variances are necessary for the preservation and
enjoyment of a reasonable use of the property because without the relief the
applicant will not be able to construct a garage on the property, which is
considered a reasonable use.
Impervious surface in excess of 38 percent is not required for the
preservation and enjoyment of the residential use of the property. A garage
can still be constructed on the property without the addition of hard surface.
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 variances will impair an adequate supply of
light and air to adjacent property or negatively impact 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.
Relief from the setback provisions of the zoning ordinance do not appear to
unreasonably impact the character and development of the Lakeside Avenue
neighborhood. Detached garages are a customary accessory use within this
neighborhood. However, additional impervious surface beyond the existing
level may impact the character of the area by increasing stormwater runoff
onto adjacent properties.
6. The granting of the proposed Variance will not be contrary to the intent
of this Ordinance and the Comprehensive Plan.
One purpose of the zoning ordinance is to "provide adequate off-street
parking and loading facilities." The variance appears to be consistent with
the intent of the zoning ordinance, that is, to allow the storage of vehicles
and other materials within an enclosed structure, outside of the public right-
L:\03 Files\03 Variances\McGahey\PC Report.DOT
5
of-way. The property currently does not have a garage, and a garage is
customarily considered to be a reasonable use in residential zoning districts.
Permitting additional impervious surface would be contrary to the intent of
the zoning ordinance, one purpose is of which is to eliminate
nonconformities. Allowing additional impervious surface would be
considered an expansion of a nonconformity. In addition, the shoreland
ordinance permits existing non-compliant impervious surface coverage to be
maintained with the construction of an addition, so exceeding the current
level would be inconsistent with this provision of the shoreland 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 requested setback variances are not a convenience. There are no other
options for the construction of a garage on the property within the buildable
area. It is necessary to alleviate a demonstrable undue hardship. The
property cannot be put to a reasonable use as allowed in the R-1 use district
without relief from required front and side yard setbacks. However, the
impervious surface coverage variance could be eliminated, and thus does
appear to serve as a convenience.
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 difficulty was created by the sanitary sewer easement, the topographic
change, and the required 20 foot front yard setback. The property owner did
not create the hardship for the setback variances. The impervious surface
coverage variance appears to be self-created because the applicant has
made no attempt to reduce it as part of the application.
9. Increased development or construction costs or economic hardship
alone shall not be grounds for granting a Variance.
Increased development costs are not the basis for the variance requests.
CONCLUSION:
The applicant would like to construct a 24 foot by 24 foot (576 square feet)
detached garage on property zoned R-1 and SD. In order to do such, the
following three variances are required: (1) 17.5 foot front yard setback, (2) 6 foot
side yard setback, and (3) 6.8 percent impervious surface coverage.
L:\03 Files\03 Variances\McGahey\PC Report.DOT
6
Pixie Point Circle was reconstructed in 2002. The property owners have an off-
street parking pad that is located within the street right-of-way. The construction
of a garage and driveway would eliminate this encroachment.
The property currently does not have a garage. Topography and a sanitary
sewer easement encumbers the site and creates an undue hardship,
consequently staff supports the setback variances because a reasonable use is
not present on the property. However, the proposed impervious surface
coverage variance could be reduced to the existing level of 31.5 percent by the
removal of some of the existing sidewalk pavers or reducing their width to be less
than the 3 feet exempted under the ordinance.
ALTERNATIVES:
1. Approve the variances requested by the applicant, or approve any variance
the Planning Commission deems appropriate in the circumstances.
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.
RECOMMENDATION:
Staff recommends approval of a 17.5 foot variance from the 20 foot front yard
setback and a 6 foot variance from the 11 foot side yard separation setback for
the construction of a detached garage, 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 driveway shall be a maximum of 24 feet in width at the property line and
meet the minimum 5 foot side yard setback.
4. The driveway shall be surfaced with bituminous or concrete.
5. The garage shall be compatible in design and materials with the principal
structure.
6. Impervious surface coverage shall not exceed 31.5 percent.
L:\03 Files\03 Variances\McGahey\PC Report.DOT
7
7. The accessory structure shall not encroach into the 20 foot sanitary sewer
easement.
Staff recommends denial of the 6.8 percent variance from the maximum 31.5
percent impervious surface coverage standard.
ACTION REQUIRED:
This request requires the following motions:
1. A motion and second adopting Resolution 03-03PC approving a 17.5 foot
variance from the required 20 foot front yard setback and a 6 foot variance
from the required 11 foot side yard separation setback for the construction of
a detached garage.
2. A motion and second adopting Resolution 03-04PC denying a 6.8 percent
variance from the 31.5 percent maximum impervious surface standard for the
construction of a detached garage.
ATTACHMENTS:
1 . Resolution 03-03PC
2. Resolution 03-04PC
3. Location map
4. Survey
5. Garage elevations
6. Topographic map
7. Applicable regulations
L:\03 Files\03 Variances\McGahey\PC Report.DOT
8
ATTACHMENT 1
RESOLUTION 03-03PC
A RESOLUTION APPROVING A 17.5 FOOT VARIANCE FROM THE
REQUIRED 20 FOOT FRONT YARD SETBACK AND A 6 FOOT VARIANCE
FROM THE REQUIRED 11 FOOT SIDE YARD SEPARATION SETBACK FOR
THE CONSTRUCTION OF A DETACHED GARAGE
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake,
Minnesota;
FINDINGS
1. Michael and Debra McGahey are requesting variances from the zoning
ordinance for the construction of a 576 square foot detached garage on
property zoned R-1 (Low Density Residential) and SD (Shoreland Overlay
District) at the following location, to wit;
14948 Pixie Point Circle SE,
Lot 5, Eastwood 1 st Addition, Scott County, Minnesota.
2. The Board of Adjustment has reviewed the application for the variance as
contained in Case #03-40PC and held a hearing thereon on May 27, 2003.
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 narrowness and topographic conditions of this lot create a difficulty in
complying with the strict application of the setback provisions of the zoning
ordinance. Moreover, the 20 foot wide sanitary sewer easement in
conjunction with the topography of this lot limits the location of any garage.
5. The property exhibits extreme topography that constrains development of the
property, in particular limits the location of a garage. Since the property lines
are not perfectly perpendicular, the garage cannot be shifted further from the
east property line and still maintain the requested 2.5 front yard setback. .
1:\03 files\03 variances\mcgahey\approve 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. The granting of the setback variances are necessary for the preservation and
enjoyment of a reasonable use of the property because without the relief the
applicant will not be able to construct a garage on the property, which is
considered a reasonable use.
7. One purpose of the zoning ordinance is to "provide adequate off-street
parking and loading facilities." The variance appears to be consistent with
the intent of the zoning ordinance, that is, to allow the storage of vehicles and
other materials within an enclosed structure. The property currently does not
have a garage, which is customarily considered to be a reasonable use in
residential zoning districts.
8. The setback variances are not a convenience. There are no other options for
the construction of a garage on the property within the buildable area. It is
necessary to alleviate a demonstrable undue hardship. The property cannot
be put to a reasonable use as allowed in the R-1 use district without relief
from required front and side yard setbacks.
9. The difficulty was created by the sanitary sewer easement, the topographic
change, and the required 20 foot front yard setback. The property owner did
not create the hardship for the setback variances.
10. The contents of Planning Case #03-40PC are hereby entered into and made
a part of the public record and the record of decision for this case.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby
approves the following variances to allow for the construction of a detached
garage, as shown on Exhibit A- Certificate of Survey:
1. A 17.5 foot variance from the required minimum 20 foot front yard setback
(Section 1102.405 (4) Setback Requirements for Residential Structures).
2. A 6 foot variance from the required 15 foot side yard separation setback
(Section 1101.502 (8) Required Yards/Open Space).
The following conditions shall be complied with prior to the issuance of a building
permit for the construction of a detached accessory structure on the subject site:
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.
1:\03 files\03 variances\mcgahey\approve resolution.doc
2
2. The building permit is subject to all other applicable city, county, and state
agency regulations.
3. The driveway shall be a maximum of 24 feet in width at the property line and
meet the 5 foot side yard setback.
4. The driveway shall be surfaced with bituminous or concrete.
5. The garage shall be compatible in design and materials with the principal
structure.
6. Impervious surface coverage shall not exceed 31.5 percent.
7. The accessory structure shall not encroach into the 20 foot sanitary sewer
easement.
Adopted by the Board of Adjustment on May 27, 2003.
Anthony Stamson, Commission Chair
ATTEST:
Donald R. Rye, Community Development Director
1:\03 files\03 variances\mcgahey\approve resolution.doc
3
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ATTACHMENT 2
RESOLUTION 03-04PC
A RESOLUTION DENYING A 6.8 PERCENT VARIANCE FROM THE 31.5
PERCENT MAXIMUM IMPERVIOUS SURFACE COVERAGE STANDARD FOR
THE CONSTRUCTION OF A DETACHED GARAGE
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake,
Minnesota;
FINDINGS
1. Michael and Debra McGahey are requesting variances from the zoning
ordinance for the construction of a 576 square foot detached garage on
property zoned R-1 (Low Density Residential) and SD (Shoreland Overlay
District) at the following location, to wit;
14948 Pixie Point Circle SE,
Lot 5, Eastwood 151 Addition, Scott County, Minnesota.
2. The Board of Adjustment has reviewed the application for the variance as
contained in Case #03-40PC and held a hearing thereon on May 27, 2003.
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 impervious surface variance could be eliminated with the reduction of
existing hard surface. An undue hardship is not present to warrant relief from
this provision.
5. The existing conditions of the property are not such to require relief from the
maximum impervious surface standard. The property owner has already
been given relief pursuant to Section 1104.306 (1).
6. Impervious surface in excess of 38 percent is not required for the
preservation and enjoyment of the residential use of the property. A garage
can still be constructed on the property without the addition of hard surface.
1:\03 files\03 variances\mcgahey\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
7. Permitting additional impervious surface would be contrary to the intent of the
zoning ordinance, one purpose of which is to eliminate nonconformities.
Allowing additional impervious surface would be considered an expansion of
a nonconformity. In addition, the shoreland ordinance permits existing non-
compliant impervious surface coverage to be maintained with the
construction of an addition, so exceeding the current level would be
inconsistent with this provision of the shoreland ordinance.
8. The impervious surface coverage variance appears to be self-created
because the applicant has made no attempt to reduce it as part of the
application.
9. The contents of Planning Case #03-40PC 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 for the construction of a detached garage, as
shown on Exhibit A - Certificate of Survey:
1. A 6.8 percent variance from the maximum 31.5 percent impervious
surface standard for shoreland lots (Section 1104.306 Impervious Surface
Coverage ).
Adopted by the Board of Adjustment on May 27, 2003.
Anthony Stamson, Commission Chair
ATTEST:
Donald R. Rye, Community Development Director
1:\03 files\03 variances\mcgahey\deny resolution.doc
2
EXHIBIT A
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McGahey Property
D Priparcels
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ATTACHMENT 7
Zoning Ordinance
j. All home occupations shall be subject to an annual inspecion 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 compying 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 hterfere 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.
--
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(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 ci lots in the "R-1" '"
Use District.
Lot Area (Sq. ft.)
12,000
Lot Width (ft.)
86
Front Yard (ft.)
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 comer 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)
(7) Side yard widths may be reduced if the side wall of a building is not parallel by
more than 10 degrees with the side lot line, to permit the average depth of the
side yard to conform to the minimum side yard depth in the District, but no side
City of Prior Lake
APPLICABLE REGULATIONS
l102/p14
May 22. 1999
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Zoning Code
(7) On a corner lot where the rear yard abuts the side yard of an interior lot, the
setback for a detached accessory building is the same as the required front yard of
the interior lot.
-+ (8) Nonconforming lots of record in the R-1 and R-2 Use Districts may have side yards
of not less than 5 feet if the following criteria are met:
~ The sum of the side yards on the norconforming lot is at least 15 feet.
~ No yard encroachments, as permitted in subsection 1101.503, are located
within 5 feet of an adjoining lot.
~ A minimum separation of 15 feet is maintained between all structures on the
nonconforming lot and on the adjoining lot.
1101.503
Yard Encroachments. The following shall not be encroachments on yard
requirements:
(1) Eaves, gutters and basement egress windows, provided they do not extend more
than 2 feet into a yard; and provided such encroachment is no cbser than 5 feet
from any lot line. (Amd. ord. 01-10, pub. 9/8/01)
(2) Yard lights and nameplate signs for one and two family dwellings in the R-1, R-2,
and R-3 Districts.
(3) Floodlights or other sources of light illuminating authorized illuminated sgns, or
illuminating parking areas, loading areas, or yards for safety and security purposes
if these meet the regulations of subsection 1107.1800.
(4) Flag poles, bird baths and other ornamental features detached from the principal
building which are a minimum of 5 feet from any lot line.
(5) Canopies no more than 12 feet wide are permitted in the "R4", "C-1", "C-2", "C-5"
and "1-1" Districts if they are open at the sides, comply with provisions of subsection
1101.506 and provide 14 feet of clearance if located over any access roadway or
fire lane.
(6) The following shall not be encroachments on front yard requirements:
a. Awnings and door hoods which extend 5 feet or less into the required front
yard.
b. A vestibule which extends 5 feet or less into the required front yard under the
following conditions:
~ The vestibule shall be designed, constructed and attached to the principal
structure in compliance with the building code.
~ The vestibule shall be constructed of materials compatible wl:h those of the
principal structure which meet the requirements of subsection 1107.2200.
.
City of Prior Lake .
May 1, 1999
llOl/p35
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Zoning Ordinance
a. An inspection of the site does not indicate any obvious erosion
conditions.
b. There is no history of bluff failure on the site or on the adjacent lots.
c. All required setbacks are met.
1104.306
Impervious Surface CoveraQe: Impervious surface coverage for lots in all
Use Districts shall not exceed 30% of the lot area, except as provided in the
following sections. Such impervious surface coverage shall be documented
by a certificate of survey at the time of any zoning or building permit
application, according to the definitions of impervious surface as listed in
subsection 1101.400.
-+ (1) An existing site which is .being altered, remodeled, or expanded without
expanding the existing impervious surface may be allowed, provided that
where appropriate and where necessary, structures and practices for the
treatment of storm water runoff are in compliance with the Prior Lake Storm
Water Management Plan and approved by the City Engineer.
(2) In all "C" and "I" Use Districts and for Park/Recreation uses, new construction
on conforming lots qr an existing site being altered, remodeled, or expanded
which expands the existing impervious surface coverage may be allowed
where necessary, provided the site conforms to the Prior Lake Storm Water
Management Plan, Best Management Practices and is approved by the City
Engineer, provided the impervious surface coverage does not exceed 75% of
the total lot and provided the following stipulations are met:
~ All structures, additions or expansions shall meet setback and other
requirements of this Ordinance.
~ The lot shall be served by municipal sewer and water. '
~ Storm water is collected and treated in compliance with the City Storm
Water Management Plan and Best Management Practices. Such
treatment may be -comprised of either on-site control, access to the
City's storm water !:ontrol system, or a combination of both, to be'
approved by the City Engineer.
(3) 'Impervious surface coverage for all "C" and "I" Use Districts and for
Park/Recreation uses may be allowed to exceed 75% of the total lot or exceed
existing conditions on the lot which are over 75% provided the following
stipulations are met:
};> A conditional use permit is submitted and approved as provided for in
subsection 1108.200.
};> Improvements that will result in an increased rate of runoff directly
entering a public water shall have all structures and practices in
compliance with the City Storm Water Management Plan in place for
the collection and treatment of storm water runoff or will be constructed
in conjunction with a conditional use permit application.
City of Prior Lake .
May 1, 1999
l104/p8
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CITY OF PRIOR LAKE
VARIANCE - MIOWL McGAHEY
JUNE 16, 1988
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To consider a five fool: east side yard variance for 14948 Pixie
Point Circle, Lot S, Eastwood First lIddition.
SlAE:l- ANALYSIS:
~e subject site is currently developed with a small single
family hane. ~e lot is zoned R-l/s-o and the mininun side yard
setback requirement is 10 feet. '!be lot is a substandard
lakeshore lot consisting of approximately 9,800 square feet and
49.97 feet of frontage. A sanitary sewer line which runs through
the property restricts building options available for this lot.
see attached survey for details.
'!be applicant has proposed to build several additions to the
existing bane. '!be addition which requires a variance is located
on the easterly side of Lot S. Because of topography, lot size
and the sanitary sewer line, there is no area available to build
a garage. '!be applicant has instead, proposed to build a
porch-storage area addition to the east side of the hane. ~e
easterly addition is the only addition which requires a variance.
grp,pp REXDMMENlATION:
'!be recannerdation fran staff is to approve the five foot east
side yard variance as requested. '!be variance would not be
detrimental to the heal th or general welfare of the cannunity
and is consistent with past decisions of the Planning Canmission.
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(812) 447.4230
4629 DAKOTA STREET S.E.
PRIOR LAKE, MINNESOTA 55372
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JUNE 16, 1988
Upon a vote tnken, ayes by Arnold, Kedrowski, Loftus, Roseth, Wells1 the ~80n I 3
passed unaniroously.
. '.!el'I!M IV - aim DIm VARIANO!: Rr"tmS'l' BY MIOIA!L ~!:Y
fJllr. McGahey camnented that construction on the lot is restrained ~ sanitary
IeWer line, steep topography, and the 50 foot lot size. 'l'here is ... lil sumner
cottage on the lot which they are making into a permanent hane but there is no
:garage and a storage area is needed. Therefore, the request is for a five foot
;,:east side yard variance for 14948 Pixie Point Circle, Lot 5, Eastwood First
,'hId! tion.
,Assistant City Planner Garross camnented per memo dated June 16, 1988. Ms.
C Garross also stated that a letter was received fran Edward & Lynn Fieker, area
property owner, with no objection to the variance request except that the
drainage situation is a concern.
'l'he Planning C... ~ssioners discussed this variance request.
Upon a vote taken, ayes by Arnold, Kedrowski, Loftus, Roseth, Wells; the motion
passed unaniroously.
lTE>! V - IAKESHORE VARIANCE REDUEST BY JCEN B. KF.I'.T.Y
Mr. Kelly, 5460 Candy Cove Trail, camnented that the variance requests are
nee1ed due to the steep slope of the lots. However, he could work within the 25
foot variance rule.
Assistant City Planner Garross camnented per memo dated June 16, 1988.
The Planning Caranissioners discussed the variance requests with regard to
alignment of existing structures, notification of neighbors, coverage ratio, and
canpliance.
M:lTIOO BY Wl:1.LS, SEXDNDED BY ARNLD, 'ro APPROJE A 4 FOOl' SIDE YARD VARIANCE AND
A 25 FOOl' LAKESHORE VARIANCE FO:~ rm 16, CANDY OJIJE PARK, SINCE IT IS Nor
DETRIMENTAL '1'0 '!liE HEAL'!li AND WELFARE OF '!liE <DMriJNI'lY AND OONSISTmr WI'lH P1>ST
SIDE YARD VARIANCE REQUESTS.
o
Upon a vote taken, ayes by Arnold, Kedrowski, Loftus, Roseth, Wells1 the motion
passed unaniroously.
ID1'ION BY WELLS, SEXDNDED BY AmlLD, 'ro APPROlE A 7 FOOl' SIDE YARD AND A 25 FOOl'
LAKESHORE VARIANCE FOR rm 17, CANDY aJI."E PARK, SINCE IT IS IN LINE WI'lH aJRREm'
S'lWClURES AND IT IS Nor DETRIMENTAL '1'0 'll-IE HEAL'!li AND WELFARE OF 'll-IE
<X>Mr-I1NI'lY .
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Upon a vote taken, ayes by Arnold, Redrowski, Loftus, Roseth, Wells1 the motion
passed unaniroously.
2
;MKEPM(~~HY
14948 PIXIE POINT CIRCLE
PRIOR LAKE, MN. 55572
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VARIANCE IWOUl!sT
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No,th
July 12, 2002
Mr. & Mrs. Michael McGahey
14948 Pixie Point Circle S.E.
Prior Lake, MN 55372
Re: 2002 Street Reconstruction Project
Dear Mike and Debbie:
The purpose of this letter is to let you know the outcome of our investigations into realigning the
sanitary sewer that currently is located in an easement on your property. City staff met with
several ,.contractors who provided costs to construct the sewer at a deeper elevation and replace
services to both your home and the Larson's home ranging between $50,000 and $75,000. This
high cost is ;due to several factors including the soil type, topography and existing landscaping in
the area. Based on the cost, the City chose not to pursue the sewer realignment.
I have attached a copy of a memorandum from the City's Planning Coordinator regarding placing
a garage on your lot including a sketch of a proposed location. Jane would be happy to meet with
you to discuss the variances that would be required to construct a garage. She can be reached at
447-9812.
Please accept my apology for not getting this letter to you sooner. If you have any questions,
please call me at 447-9831 or Kevin Kleist at 447-9835.
Sincerely,
~t~McP~t1-
Sue McDermott, P .E.
City Engineer
City of Prior Lake
Cc: Kevin Kleist, Engineering Tech IV
Jane Kansier, Planning Coordinator
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 I Ph. (952) 447-4230 I Fax (952) 447-4245
G:\PROJECTS\2002\11 pixie\McGaheylett~~L OPPORTUNITY EMPLOYER
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TO:
FROM:
Sue McDermott, City Engineer
Jane Kansier, Planning coordinato~
June 7, 2002. U
DATE:
RE:
Garage Location at 14948 Pixie Point Circle (Lot 5, Eastwood)
You recently requested information about the possibility of locating a garage on
the property at 14948 Pixie Point Circle. I have reviewed a survey of this site and
walked the property. The only potential location for a garage, based on the
existing constraints, would be in the southeast comer of the lot.
Any garage on this lot will require variances. I have estimated that a 24' by 24'
garage would require variances to the front yard setback and the side yard setback.
Depending on the size and location ofthe driveway, a variance to the maximum
30% impervious surface coverage may also be required.
In order to grant a variance, the Planning Commission must determine that a
hardship, ~utside the control of the property owner, exists. In this case, the
existing sewer'easement,:the narrowness of the lot, the change in grade of the
property and the location of the existing house would probably be considered
hardships. Th,e Planning Commission has also traditionally viewed the lack of
any type of garage on the site as a hardship. Keep in mind, however, that the staff
cannot guarantee approval or denial of any variance. The final decision is the
Planning Commission's.
If the property owner decides to proceed with the variance process, one suggestion
I might make is to consider the possibility of a side-loading garage. A side-
loading garage would provide some driveway space for parking off of the right-
of-way. Whether or not this type of garage is possible is a question for the
builders and the engineers.
I hope this information is helpful. Please let me know if you have any other
questions.
1:\02files\02corres\jane\lot5 garage. doc
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p.art~ of the fHost ~rt, cV1d the CITY OF PAlOO lAKE, a m.J"'Iici~l corpora-
t ion, party of the second part:
WI1NESSEni, that the said part--!. of the first part in consideratioo of
Che Dollar and other good and val\ldble ccns iderations to her in hand paid by
the said party of the sccond part, the receipt of which is hereby acknowle-:lqed,
do~ hereby Crant, Barqain, Sell, Ccnvey and Warrant to said party of the
second part, the crJsanents s10ute in Scott COllnty, Minnesota, described 00 Ex-
hibi t "A" attached hereto and made a part hereof.
IN TESTIMJNY h'HERE(f', the said part-2... of the f1 rat part ha....::.. hereu'\to
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STATE OF MHtlESOl'A)
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en this i p..\iday of ~, 19..!J
in and for said Ca.nty, persooaliy aweared
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unmarried person,
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Lommen, Nelson, Cole & stageberg, P.A.
1100 TCF Tower
Mirrleapolis, Minnesota 55402
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EXHIBIT A.
A Perpetual Easement for Sanitary Sewer, Waterma1n, Storm Drains and Utility Purposes
with the right to install, repair, maintain, alter or remove, on over or across '411
that part of Lot 5, First Addition to Eastwood, which 'ies within a dist~nr.e ~, 7,5 fep.l
on each side of the follow1ng descr1bed 11ne:
Commencing at the Southeast corner of Lot 2,'First Addition to Eastwood; .
thence North 00.30'.00" West along the Easterly line of said Lot 2, a
distance of 158.78 feet to the Point of Beginning; thence North 660.
06'.06" West, I distance of 90.24 feet; thence South 290.45'-34" West
a distance of 95.91 feet; thence . Due West, a distance of
81 feet, more or less, to a point on the Westerly line of Lot 5, First
Addition to Eastwood, said point being 26 feet Northerly of the South.
west corner of said lot 5.
Also together with a Perpetual'Easement for Sanitary Sewer, Waterma1n, Storm Drains and
Utility Purposes with the right to instal', repair, maintain, alter or remove, on over
or across the following described property:
The Westerly 5 feet of the Southerly 26 feet of lot 5, First Addition to
Eastwood.
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SURVEY PREPARED FOR:
MIKE McGAHEHY
14948 PIXIE POINT CIRCLE
PRIOR LAKE, MN. 55372
Valley Engineering Co.. Inc.
SUITE 120- C, '6610 FRANKLIN TRAIL
FRANKLIN TRAIL OFFICE CONDOMINIUM
PRIOR LAKE, M'NNE SOTA ~~312
TELEPHONE (BIZ} 447..2570
447 -3241
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DESCRIPl'Iot! :
lot 5, EASTWOOD, Scott County, Hinnesota.
Also showing aJ 1 visible improvel1ents and encroac.hnents
onto or off fr.um said property if any.
o 30 60
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SCALE IN FEET
o Denot... .ron monument Ht.
. Denote. Iron monument found.
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was prepared by me or und.. "'~
direct supervision ond thot I am
a duly Licenaed Land Surveyor
under the 'awl ot the State ot
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FILE N027.03
81< _J..J-2-_ PG'-3~..._
APPLICA TIONS
&
APPLICA TION
MA TERIALS
..
L:\TEMPLA TE\FILEINFO.DOC
Planning Case File NO.~~- ~
Property Identi~~~~on_~.~~::- 0 1-f07-0
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City of Prior Lake
ZONING/LAND USE APPLICATION. APR 302003
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Type of Application Brief descri~?.~ ofiJrQllO.Sed..praject '
(Please describe the proposed amendment, project, or variance
request Attach additional sheets if necessary),
0 Amendment to Zoning Map
0 Amendment to Zoning Ordinance Text
0 Amendment to Comprehensive Plan Land Use Map
0 Conditional Use Permit
[8] Variance 5 I SIDe V,.4-,€-P ..se:r~
0 Planned Unit Development , -S6.ev I ~ t:- 8,3%
/AJPtil2Vla,/--tl..
0 Senior Care Overlay District /1' ~/l.0A-''T y~ 46>7 iYt4<..
0 Home Occupation
0 Amendment or Modification to approved CUP or PUD
0 Other
,../ ,
Applicant:
Address:
Telephone:
."( 1:::>~ 'f:. .
(fax)
Property Owners (if different than applicant):
Address:
Telephone: (home)
Type of Ownership: Er Fee
(work)
o Contract for Deed
(fax)
o Purchase Agreement
Legal Description of prObJ'JAttach additional sheets if necessary):
Cot 5 J C(AS:~ I ~i I\l:tCtch (YJ
To the best of my knowledge the information provided in this application and other material submitted is correct. In
addition, I have read the relevant sections of the Prior Lake Ordinance and procedural guidelines, and understand that
~ttill not be prOCer;ntil deemed complete by the Planning Director or assignee.
D. {YklJD./ /' 0'-/ - 5-0 03
Applicant's Signature Date
Fee Owner's Signature
Date
ADDITIONAL PROJECT INFORMA nON
(Required for PUD, CUP and SC Overlay District applications)
Will the developers request financial assistance from the City?
o Yes
o No
If yes, please describe the amount and type of assistance requested (attach additional pages if necessary).
Will anyone other than the applicant be involved in the ownership, development & management of this project?
DYes (If yes, please attach a list of the names and the role of all persons involved in the project) 0 No
1:lhandouts\200I handoutslzoninglzoning app.doc
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\certl i st.doc
16200 Eagle Creek Ave, S.E., Prior Lake, Minnesota 55372-1714 I Ph. (612) 447-4230 I Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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L:\TEwfPLA TE\FILEINFO.DOC
Location Map for
McGahey Variance
Prior Lake
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L:\TEMPLA TE\FILEINFO.DOC
CITY OF PRIOR LAKE
ORC PROJECT REVIEW CHECKLIST
PROJECT NAME: McGAHEY VARIANCE (Case #03-40)
The applicant is requesting the following variances:
1. 8.3% impervious surface coverage
2. 17.5 foot front yard setback
3. 6 foot side yard separation setback
for the construction of a 576 sq. ft. detached garage.
APPLICANT: Michael & Debra McGahey
CONTACT PERSON: Michael & Debra McGahey
447-6736
SITE INFORMATION
PID#: 25-047-007 -0
LOCATION: 14948 Pixie Point Circle SE
EXISTING ZONING: R-1SD
COMPREHENSIVE PLAN: R-UMD
PROJECT REQUEST: Review and comment on variance application.
DISTRIBUTE TO: APPLICATION FOR:
. Frank Boyles . Bud Osmundson Administrative Land Division
Sue Walsh . Sue McDermott Comprehensive Plan Amend.
Ralph Teschner Conditional Use Permit
Chris Esser Fire Chief Home Occupation
. Bob Hutchins Bill O'Rourke Rezoning
. Don Rye Site Plan
. Jane Kansier Preliminary Plat
PUD
. DNR - Pat Lynch Minnegasco Final Plat
County Hwy. Dept. Watershed Dist. . Variance
MNDOT Telephone Co. Vacation
SMDC Electric Co.
Mediacom Cable Met. Council
Date Received 4/30/03 Date Distributed 5/5/03 Date Due 5/15/03
Complete Application 4/30/03 Date Distributed to 5/5/03 DRC Meeting NA
Date DRC
Publication Date 5/10/03 Tentative PC Date 5/27/03 Tentative CC NA
Date
60 Day Review Date 6/29/03 Review Extension 8/28/03
1:\03 files\03 variances\mcgahey\referral.doc Page 1
I have reviewed the attached proposed request (McGahey Variance) for the following:
Water City Code Grading
Sewer Storm Water Signs
Zoning Flood Plain County Road Access
Parks Natural Features Legal Issues
Assessment Electric Roads/Access
Policy
Septic System Gas Building Code
Erosion Control Other
Recommendation:
Approval
Denial
Conditional Approval
Comments:
Signed:
Date:
Please return any comments by Thursday. Mav 15. 2003, 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:\03 files\03 variances\mcgahey\referral.doc
Page 2
I
-;
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..,
I have reviewed the attached proposed request (McGahey Variance) for the following:
Water City Code Grading
~ Sewer Storm Water Signs
Zoning Flood Plain County Road Access
Parks Natural Features Legal Issues
Assessment Electric X Roadsl Access
Policy
Septic System Gas Building Code
Erosion Control Other
Recommendation: ~ Approval
Denial
Conditional Approval
Signed: '- _'5~ f-J...cD~-tt
Date:
5/6(0)
I
Please return any comments by Thursday. May 15. 2003, 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:\03 files\03 variances\mcgahey\referral.doc
Page 2
May 5, 2003
Michael & Debra McGahey
14948 Pixie Point Circle SE
Prior Lake, MN 55372
RE: Variances for the construction of a detached garage
14948 Pixie Point Circle SE (Lot 5, Eastwood 1st Addition)
Case File No.: 03-40
Dear Mr. & Mrs. McGahey:
On April 30, 2003, 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,
May 27,2003, Planning Commission 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
June 29, 2003, to August 28, 2003.
If you have questions relative to the review process or related issues, please feel
free to contact me at (952) 447-9813.
Sincerely,
~v~
Cynthia R. Kirchoff, AICP \j(j
Planner
"
16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 I Ph. (952) 447-4230 I Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
^_ ...._,-...~,,_.___._,"'~.,..o>__...i"~.__,."'__-...,,'~,~.,'._'"'..,'.__''"''_.____...~._.~,._'".-~.,-.-,-~,,~'''-.-"...,._~,_,_,_'__'__"_-'-'~'_'__""'_'_~__'_"_""'^~'''''~''''''~''''_'''' ".,"__
May 23, 2003
Edward Feiker
14946 Pixie Point Cir SE
Prior Lake
Stated he is against McGahey variance request for following reasons:
Possible water drainage problems.
Blocking sun light in his yard.
Possible depreciation of property value.
Cynthia Kirchoff
From:
Sent:
To:
Subject:
Jane Kansier
Thursday, May 22,20034:23 PM
Cynthia Kirchoff
FW: variance request, McGahey, 14948 Pixie Point Circle
Jane Kansier, AICP
Planning Coordinator
City of Prior Lake
-----Original Message-----
From: Pat Lynch [mailto:pat.lynch@dnr.state.mn.us]
Sent: Thursday, May 22,20038:19 AM
To: JKansier@CityofPRIORLAKE.com
Subject: variance request, McGahey, 14948 Pixie Point Circle
I may be too late with this, but...
Is this lot similar to the David lot where it is essentailly all bluff?
if not, DNR would recommend requiring removal of other imnpervious surface coverage (boathouse, paver patio near
lake or near the house) to keep impervious no more than 30%, which is already 5% more than minimum statewide
standard. Looks like ample opportunity to do so.
DNR recommends denial of the impervious surface variance to increase
above 30% impervious. Thanks.
1
May 21, 2003
Michael and Debra McGahey
14948 Pixie Point Cir SE
Prior Lake, MN 55372
RE: Agenda and Agenda Report
Attached is a Planning Commission Agenda and Staff Report for the May 27,2003,
Planning Commission meeting. You or your representatives are expected to attend the
meeting. You will be given the opportunity to speak regarding your proposal and the
staff report. The meeting begins at 6:30 p.m. and is held at the Fire Station located at
16776 Fish Point Road (east of HWY 13 on the south side of CR 21). If you cannot
attend the meeting, please call me so your item can be deferred to the next Planning
Commission meeting. If you have any questions, please contact me at 447-9810.
Sincerely,
Connie CarlSon
Connie Carlson
Planning Dept. Secretary
Enclosure
I:\deptwork\blankfrm\meetltr.doc
16200 E3g1e Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 I Ph. (952) 447-4230 I Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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May 29, 2003
Anthony Stamson
16095 Wren Court SE
Prior Lake, MN 55372
Dear Mr. Stamson:
Enclosed please find Resolutions 03-03PC and 03-04PC for the McGahey
variances, as adopted by the Planning Commission on May 27,2003. Please
review and sign the resolutions and return them in the enclosed self-addressed
stamped envelope.
Should you have any questions, please feel free to contact me at 447-9813.
Thank you.
Sincerely,
Ctp~c-dc'YZfl()
Cynthia R. Kirch~ff~i~P
Planner
Enclosures
.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 I Ph. (952) 447-4230 I Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
~----~_._".------~<>~~,.",-,_.__.~,._-",._."_._~_.*,,-_....-----..___....._"'~W-"'_'_""""'~'~'_'" '__'m.~___~~.~.,.......__,__~,.--......o'_'~____~",",;__"___""_,,,____,~"_.,',,, ___
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July 11, 2003
Michael & Debra McGahey
14948 Pixie Point Circle SE
Prior Lake, MN 55372
RE: Appeal from Planning Commission's decision
14948 Pixie Point Circle SE (Lot 5, Eastwood 1st Addition)
Case File No.: 03-56
Dear Mr. & Mrs. McGahey:
On July 7, 2003, the City Council approved Resolution #03-100 upholding the Planning
Commission's decision to approve a 17.5 foot variance from the required minimum 20
foot front yard setback and a 6 foot variance from the required 15 foot side yard
separation setback on the above referenced property for the construction of a detached
garage with 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 driveway shall be a maximum of 24 feet in width at the property line and meet
the 5 foot side yard setback.
4. The driveway shall be surfaced with bituminous or concrete.
5. The garage shall be compatible in design and materials with the principal structure.
p. Impervious surface coverage shall not exceed 31.5 percent.
7. The accessory structure shall not encroach into the 20 foot sanitary sewer easement.
8. A soils report shall be submitted with the building permit application.
Enclosed is a certified copy of Resolution #03-100 upholding the aforementioned
variances that must be recorded at Scott County and a copy for your records.
Additionally, the enclosed Assent Form must be signed by you and returned to the
Planning Department prior to the issuance of any required permits.
.
16200 Ea:~?e3C~1~~9tv~pg,~~iWl1-(Ecfk~i,~~~t&~es'53~~f7'T4 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
~ _._ ,.~-..~."",_'''.',.'.l<._'_'.'~''"",_",,,,,:___-'''o..' 'i...._......;...-",....-;.~......"'-,.+-_~._>:.._.~..,,' .
If you have questions relative to the review process or related issues, please feel free to
contact me at (952) 447-9813.
Sincerely,
Enclosures
L:\03 Files\03 Appeals\03-56 Feiker\McGahey letter.doc
2
June 21,2003
Mr. Edward Feiker
14946 Pixie Point Circle SE
Prior Lake, MN 55372
RE: Appeal of McGahey Variances
Case File No.: 03-56
Dear Mr. Feiker:
This letter is to officially inform you that on July 7, 2003, the Prior Lake City
Council upheld the Planning Commission's decision to approve variances for the
construction of a detached garage on property located at 14948 Pixie Point Circle
SE. I have enclosed a copy of Resolution #03-108 for your records.
If you have any questions, please feel free to contact me at 447-9813.
Sincerely,
'i(fy
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-_. /' I I \
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Cynthia R. Kircte i
Planner
16200 ECigle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
CITY OF PRIOR LAKE
ORC PROJECT REVIEW CHECKLIST
PROJECT NAME: McGAHEY VARIANCE (Case #03-40)
The applicant is requesting the following variances:
1. 8.3% impervious surface coverage
2. 17.5 foot front yard setback
3. 6 foot side yard separation setback
for the construction of a 576 sq. ft. detached garage.
APPLICANT: Michael & Debra McGahey
CONTACT PERSON: Michael & Debra McGahey
447-6736
SITE INFORMATION
PID#: 25-047-007-0
LOCATION: 14948 Pixie Point Circle SE
EXISTING ZONING: R-1SD
COMPREHENSIVE PLAN: R-UMD
PROJECT REQUEST: Review and comment on variance application.
DISTRIBUTE TO: APPLICATION FOR:
. Frank Boyles . Bud Osmundson Administrative Land Division
Sue Walsh . Sue McDermott Comprehensive Plan Amend.
Ralph Teschner Conditional Use Permit
Chris Esser Fire Chief Home Occupation
. Bob Hutchins Bill O'Rourke Rezoning
. Don Rye Site Plan
. Jane Kansier Preliminary Plat
PUD
. DNR - Pat Lynch Minnegasco Final Plat
County Hwy. Dept. Watershed Dist. . Variance
MNDOT Telephone Co. Vacation
SMDC Electric Co.
Mediacom Cable Met. Council
Date Received 4/30/03 Date Distributed 5/5/03 Date Due 5/15/03
Complete Application 4/30/03 Date Distributed to 5/5/03 DRC Meeting NA
Date DRC
Publication Date 5/10/03 Tentative PC Date 5/27/03 Tentative CC NA
Date
60 Day Review Date 6/29/03 Review Extension 8/28/03
1:\03 files\03 variances\mcgahey\referral.doc
Page 1
I have reviewed the attached proposed request (McGahey Variance) for the following:
Water City Code Grading
Sewer Storm Water Signs
Zoning Flood Plain County Road Access
Parks Natural Features Legal Issues
Assessment Electric Roads/Access
Policy 1/
Septic System Gas ~/ Building Code
Erosion Control Other
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Recommendation:
Approval
,/ Denial.......... 7
Conditional Approval
Comments: 1 ~ ~ /"" - - _?
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Signed:
Date:
Please return any comments by Thursday. May 15. 2003, 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:\03 files\03 variances\mcgahey\referral.doc
Page 2
HEARING
NOTICES
..
L:\TEMPLA TE\FILEINFO.DOC
Page 1 of 1
Cynthia Kirchoff
From: Cynthia Kirchoff
Sent: Tuesday, May 06, 20038:59 AM
To: Prior Lake American (E-mail)
Subject: McGahey Variance
Debbie-
Please publish the attached public hearing notice on the Saturday, May 10th edition of the Prior Lake American.
Thank you.
Cynthia Kirchoff, AICP
Planner
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372-1714
(952) 447-9813
(952) 447-4245-fax
5/6/03
NOTICE OF PUBLIC HEARING TO CONSIDER VARIANCES FROM THE
ZONING ORDINANCE FOR THE CONSTRUCTION
OF A DETACHED GARAGE
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, May 27, 2003, at 6:30 p.m. or as soon thereafter as possible.
REQUEST:
The applicant is requesting variances from the Zoning Ordinance
for the construction of 24 foot by 24 foot (576 square foot)
detached garage.
APPLICANT:
Michael and Debra McGahey
SUBJECT SITE:
14948 Pixie Point Road, Prior Lake, MN, legally described as
Lot 5, Lakeside Park, 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 5th day of May 2003.
Cynthia Kirchoff, AICP, Planner
City of Prior Lake
To be published in the Prior Lake American on May 10, 2002.
L:\03 Files\03 Variances\McGahey\Public Hearing Notice.doc
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Page 1 of 1
Cynthia Kirchoff
From: Cynthia Kirchoff
Sent: Monday, May 12,2003 11:09 AM
To: Prior Lake American (E-mail)
Subject: McGahey Variance
Debbie-
Please publish the attached public hearing notice in the May 17th edition of the Prior Lake American.
Thanks.
Cynthia Kirchoff, AICP
Planner
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372-1714
(952) 447-9813
(952) 447-4245-fax
5/12/03
-'~"----_."'---""',.-.._..._~--~---........~-,....t----,<..,
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Mailing
Information
and Lists
.
L\TEMPLA TE\FILEINFO.DOC
NOTICE OF PUBLIC HEARING TO CONSIDER VARIANCES FROM THE
ZONING ORDINANCE FOR THE CONSTRUCTION
OF A DETACHED GARAGE
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:
Tuesday, May 27, 2003, at 6:30 p.m. or as soon thereafter as possible.
REQUEST:
The applicant is requesting variances from the Zoning Ordinance
for the construction of 24 foot by 24 foot (576 square foot)
detached garage.
APPLICANT:
Michael and Debra McGahey
SUBJECT SITE:
14948 Pixie Point Road, Prior Lake, MN, legally described as
Lot 5, Lakeside Park, 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 12th day of May 2003.
Cynthia Kirchoff, AICP, Planner
City of Prior Lake
To be mailed to property owners within 350 feet on May 16,2003.
L:\03 Files\03 Variances\McGahey\Mailed 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
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AFFIDAVIT OF SERVICE BY MAIL
COUNTY OF SCOTT )
)ss
STATE OF MINNESOTA)
d1 of the CilyrzPrior Lake, ounly of Scott, Slale of
Minnesota, being dul sworn, says on the day of {It ,2003, he se;rxed
t attac ec;lli~ofpersons to have an interest in the '/ iY/Ge
/{ t!(ytJt...lu , by mailing to them a copy thereof,
nclosed in an envelop , postage prepaid, and be depositing same in the post office at
Prior Lake, Minnesota, the last known address of the parties.
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Subscribed and sworn to be this
_ day of , 2003.
NOTARY PUBLIC
L:\DEPTWORK\BLANKFRM\MAILAFFD.DOC
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STEVEN L & BETTY L BLOCK
14966 PIXIE POINT CIR SE
PRIOR LAKE MN 55372
RONALD F BUCKEYE
14987 PIXIE POINT CIR SE
PRIOR LAKE MN 55372
JOHN R & MARIANNE BREITBACH
14890 PIXIE POINT CIR SE
PRIOR LAKE MN 55372
KATHIE ALLEGREZZA
14934 PIXIE POINT CIR SE
PRIOR LAKE MN 55372
STEVEN K NELSON
14973 PIXIE POINT CIR SE
PRIOR LAKE MN 55372
MICHAEL D & DEBRA K MCGAHEY
14948 PIXIE POINT CIR SE
PRIOR LAKE MN 55372
JEFFREY & CHARLENE W A TERMOLEN
14937 PIXIE POINT CIR SE
PRIOR LAKE MN 55372
8AVERY@ Address labels
JOHN W & DORA J FITZGERALD
14968 PIXIE POINT CIR SE
PRIOR LAKE MN 55372
JOHN J & JOANNE M BEYER
2012 GROVELAND WAY
SHAKOPEE MN 55379
SCOTT A & LORRI A OXLEY
5970 150 ST E
PRIOR LAKE MN 55372
KENNETH R & ARLENE R DEHMLOW
14967 PIXIE POINT CIR SE
PRIOR LAKE MN 55372
mSTIN D & ERIN C BROOKS
14957 PIXIE POINT CIR SE
PRIOR LAKE MN 55372
BRENT D TURNER
14909 PIXIE POINT CIR SE
PRIOR LAKE MN 55372
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STEVEN & MARGARET ROBERTSON
6018 150 ST SE
PRIOR LAKE MN 55372-2103
CARTER A & ROSE M CHRISTIE
6002 150 ST SE
PRIOR LAKE MN 55372
DOUGLAS J & JEANNE M JONES
14942 PIXIE POINT CIR SE
PRIOR LAKE MN 55372
DOUGLAS E & KATHRYN E LARSON
14950 PIXIE POINT CIR SE
PRIOR LAKE MN 55372
JULIANA M DAVID
14958 PIXIE POINT CIR SE
PRIOR LAKE MN 55372
JERRY L & DEBRA A NELSON
14960 PIXIE POINT CIR
PRIOR LAKE MN 55372
. AVERY@ Address labels
DAVID A & MARILYN K COKER
5994 150 ST SE
PRIOR LAKE MN 55372
G CRAWFORD & BETTY WIESTLING
6028 150 ST SE
PRIOR LAKE MN 55372
TIMOTHY M & TRACY PETERSON
14891 PIXIE POINT CIR SE
PRIOR LAKE MN 55372
EDW ARD L & LYNN A FEIKER,JR
14946 PIXIE POINT CIR SE
PRIOR LAKE MN 55372
ROBERT A & CAROL M PETERSON
14956 PIXIE PT CIR SE
PRIOR LAKE MN 55372
ROBERT D & ELIZABETH A JADER
14962 PIXIE POINT CIR SE
PRIOR LAKE MN 55372-1908
KATHERINE E HARTE
14964 PIXIE POINT CIR SE
PRIOR LAKE MN 55372
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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
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April 24, 2003
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Debbie McGahey
14948 Pixie Point Circle SE
Prior Lake, MN 55372
To Whom it May Concern:
According to the 2003 tax records in the Scott County Treasurer's Office, the following persons
listed on Exhibit "A" are the owners of the property which lies within 350 feet of the following
described property:
Lot 5, First Addition to Eastwood, Scott County, Minnesota.
atn
aVId . Moonen
President
--...,
Scott County Abstract & Title, Inc.
SCOTT COUNTY ABSTRACT
AND TITLE, II'JC.
Licensed Abstractor
State of Minnesota
MEMBER MINNESOTA LAND TITLE ASSOCIATION
AGENT FOR CHICAGO TITLE INSURANCE COMPANY
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