HomeMy WebLinkAbout03-64 Hess VarianceAPPLICATIONS
APPLICATION
MATERIALS
L:\TEMPLATE~ILEINFO.DOC
Property Identification
%
Cit, of Prior Lake
APPLiCA~-.~,N
Brief de~ r~iion, ot
Type of Application (please describe t~ r~ect, or v~ ] ance
request. Attach additional sheets ifne~~ .
~endment to Zoning Map
Amendment to Zoning Ordinance Text
Amendmem to Comprehensive Plan Land Use Map
Conditional Use Pe~it
Variance
Planned Unit Development
Senior Care Overlay Dis~ct
Home Occupation
Amendment or Modification to approved CUP or PUD
Other
Applicant: ~£~ / C/~,o~ /~/'f_r
Address: ~,¢¢.& ¢o~aro)~ r~ ~
Telephone: 9~2- a gS'~/(~? (home) ~ ~.~. ~ ? ·. ~ ~ ~ ~ (fax)
Property Owners (if different than applicant):
Address:
Telephone: (home) (work) (fax)
Type of Ownership: [] Fee
[] Contract for Deed [] Purchase Agreement
Legal Description of Property (Attach additional sheets if necessary):
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
applications will not be processed until deemed complete by the Planning Director or assignee.
Applicant's Signature ~ Date
Fee Owner's Signature Date
ADDITIONAL PROJECT INFORMATION
(Required for PUD, CUP and SC Overlay District applications)
Will the developers request financial assistance from the City? [] Yes ~ 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?
[] Yes (If yes, please attaCh a list of the names and the role of all persons involved in the project.) ~/ No
l:\handoutsk2001 handoutskzoningkzoning app.doc
CITY OF PRIOR LAKE
16200 EAGLE CREEK AVE SE
PRIOR LAKE, MN 55372
(952) 447-4230, FAX (952) 447-4245
RECEIPT if 4 3 3 9 2
for the purpose of
dollars
Invoice #
Receipt Clerk for tl~ICity of Prior Lake
Resolution
and Minutes
L :\TEMPLATEkFILEINFO.DOC
Planning Commission Meeting
July 14, 2003
Ringstad pointed out with the proposed Comprehensive change on Dakota Street and this
would be a good time to look at the entire downtown area. Rye said staff is looking at a
proposal for a consultant to do market research on the downtown services and housing.
Criego asked for Planning Commission workshops to start discussing the area.
Stamson suggested scheduling a workshop every 6 months to keep up with the
Comprehensive Plan and downtown developments.
MOTION BY CRIEGO, SECOND BY ATWOOD, TO RECOMMEND DENIAL OF
THE COMPREHENSIVE PLAN AMENDMENT TO THE C-TC DESIGNATION.
Vote taken indicated ayes by all. MOTION CARRIED.
MOTION BY CRIEGO, SECOND BY RINGSTAD, TO DENY THE REQUEST AND
SCHEDULE WORKSHOPS TO LOOK AT REDEVELOPMENT BETWEEN MAIN
STREET AND ANY OTHER PARCELS AS IT RELATES TO DOWNTOWN AND
THE LAKE.
Vote taken indicated ayes by all. MOTION CARRIED.
This matter will go before the City Council on August 4th.
Stamson and Criego suggested workshops and a public forum for input.
Atwood questioned how long the area was zoned R3. Rye responded since the railroad
gave up the property.
B. Case #03-64 Mark and Cindy Hess are requesting front and side yard
variances for the construction of a garage located at 6442 Conroy Street NE.
Planner Cynthia Kirchoffpresented the Planning Report dated July 14, 2003, on file in
the office of the City Planning Department.
Mark and Cindy Hess are requesting variances from the zoning ordinance for the
construction of a garage and stairwell addition on property zoned R-1 (Low Density
Residential) and SD (Shoreland Overlay District) and located at 6442 Conroy Street NE.
The property is guided Urban Low/Medium Density Residential in the 2020
Comprehensive Plan.
In order to construct the garage addition the following two variances are required:
1. An ll. 04 foot variance from the required minimum 20foot average front yard
setback.
2. A 2.57foot variance from the required 5foot side yard separation setback.
L:\03 Files\03 Planning Comm\03pcMinutesWIN071403.doc 5
Planning Commission Meeting
July 14, 2003
In order to construct the stairwell addition the following variance is required:
1. A 3.28foot variance from the required 9foot side yard separation setback.
The applicant would like to construct a 22 foot by 22 foot garage addition and 4.5 foot by
19.5 foot addition on property zoned R-1 and SD. In order to do such, front yard setback
and side yard setback variances are required. The property currently does not have a
garage. The shape of the lot and existing dwelling location, which is outside the control
of the applicant, create an undue hardship, therefore staff supported the setback
variances.
Staff recommends approval of an 11.04 foot variance from the 20 foot front yard setback
and a 2.57 foot variance from the 5 foot side yard separation setback for the construction
of garage addition and a 3.28 foot variance from the required 9 foot side yard separation
setback for the construction of a stairwell addition, subject to the following conditions:
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. Impervious surface coverage shall not exceed 37.3 percent.
Questions from Commissioners:
Criego asked if the applicant is requesting 2 foot eves, why is staff supporting that?
Kirchoff responded that is consistent with the home's existing eves.
Criego questioned the open space between the house and the garage. Kirchoffresponded
that would be part of the living area. It is already impervious surface.
Criego questioned if there was a back door on the house and why would they need a
stairwell. Kirchoffresponded it was a means to provide access to the home.
Criego questioned the distance between the buildings on the survey. Kirchoff said the
applicant will not need a variance for the stairwell.
L:\03 Files\03 Planning Comm\03pcMinutes'uMN071403.doc 6
Planning Commission Meeting
July 14, 2003
Comments from the public:
Mark Hess, 6442 Conroy Street, agreed with staff and will comply with their
recommendations. He also pointed out the driveway was an easement. Criego asked
how he his going to remove the impervious surface. Hess responded it was only gravel.
The public heating was closed at 7:35 p.m.
Comments from the Commissioners:
Atwood:
The stairwell does not need a variance according to Kirchoff.
Visited the property. This is not an exception, everyone needs a garage.
· Supported staff's recommendation.
Ringstad: · Homes in Minnesota are allowed a garage, this fits the category. The Planning
Commission has been consistent with that approach.
· Support the variances.
Lemke: · Wonderful opportunity to reduce impervious surface and construct a garage that is
necessary in Minnesota.
· Agreed with the variances.
Criego:
· There is only one house to the tight of the property, having it so close to the
easement is not a great problem.
· A two-car garage was at least a minimum requirement on a home. Substantial
improvement will be made to the home.
· Add a 6th condition, that the plan is updated to show the house improvement as
well as the garage.
Stflmson: · Agreed with Commissioners that not having a two car garage is a hardship, but
not an absolute hardship. We would not grant any variance just because it is a
two car garage. It is important that the setback is 8.9 feet which is fairly tight. If
this was on a busier road, I would not grant this.
· This is a very unusual lot and tight-of-way.
· The variance is warranted.
· Just wanted to note this is very unique piece of property that warrants this
variance, under different circumstances I would not vote for this.
· Criego agreed.
MOTION BY RINGSTAD, SECOND BY CRIEGO TO ADOPT RESOLUTION 03-06
APPROVING AN 11.04 FOOT VARIANCE FROM THE REQUIRED 20 FOOT
L:\03 Files\03 Planning Comm\03pcMinutes~IN071403.doc 7
Planning Commission Meeting
July 14, 2003
FRONT YARD SETBACK AND A 2.57 FOOT VARIANCE FROM THE REQUIRED
5 FOOT SIDE YARD SEPARATION SETBACK FOR THE CONSTRUCTION OF A
GARAGE ADDITION WITH CONDITIONS INCLUDING AN ADDITIONAL 6TM
CONDITION UPDATING THE PLAN SHOWING THE HOUSE IMPROVEMENT.
Vote taken indicated ayes by all. MOTION CARRIED.
Stamson pointed out the appeal procedure.
C. Case #03-70 Consider a Zoning Ordinance Amendment that would eliminate
the requirements for averaging the front yard setbacks of the properties with 150
feet but would still allow averaging as a means to reduce the required front yard
setback.
Planner Cynthia Kirchoffpresented the Planning Report dated July 14, 2003, on file in
the office of the City Planning Department.
The purpose of this public hearing is to consider an amendment to the front yard setback
provision in the R-S (Rural Subdivision Residential), R-1 (Low Density Residential), R-2
(Low-Medium Density Residential), R-3 (Medium Density Residential), and R-4 (High
Density Residential) use districts. The amendment would eliminate the 50 foot
maximum minimum average front yard setback provision. This impetus for this
amendment is the construction of a detached garage on property located on Manitou
Road. Based upon the average setback within 150 feet, the garage must maintain a 50
foot front yard setback (as the average setback exceeds 154 feet). However, due to
topography the property owner proposes to locate the garage 35 feet from the front lot
line. Thus, since the garage does not meet the required 50 foot setback, staffwould be
required to process a 15 foot variance. Staff believed this case provides an opportunity to
revisit the average front yard setback provision implemented in all residential use
districts.
The staff supported the proposed amendment as it would allow a structure to maintain a
25 foot front yard setback regardless of the setback of adjacent structures in all residential
use districts. This would still prevent the overcrowding of land yet allow the fair
application of ordinances, in accordance with the Comprehensive Plan.
There was no public comment.
Comments from the Commissioners:
Stamson:
· Agreed with staff. You can make an aesthetic argument for the greater setback
creating uniformity, but it shouldn't be a burden to the applicant because his
neighbors decide to set their structures further back.
· Does not see the justification to mandate what the neighbors do.
L:\03 Files\03 Planning Comm\03pcMinutesXMN071403.doc 8
.J
Scott County Customer Service
(952) 496-8t 50
# 308431 08-AUG.2003
REPRINT 08-AUG-2003
CUSTOMER
SCHLOEDER, CINDY
A Filing 1 @
Abstract 20.00ea
Total for Fee 20.00
FILE NUMBER OR NAME:
HESS
Receipt Total 20.00
Check 20.00
Payment Total 20.00
Change 0.00
Doc. No. A 617897
OFFICE OF THE COUNTY RECORDER
sco'l-r COUNTY, MINNESOTA
Certir~l Filed and/or Recorded on
08-08-2003 at 11:40 Receipt:308431
Pat Boeckman, County Recorder m
Fee: $20.00
STATE OF MINNESOTA)
COUNTY OF SCOTT )
The undersigned, duly qualified and Planning Secretary of the City of Prior Lake, hereby
certifies the attached hereto is the original tree and correct copy of
CITY OF PRIOR LAKE RESOLUTION #03-06PC
A RESOLUTION APPROVING AN 11.04 FOOT VARIANCE FROM THE
REQUIRED 20 FOOT FRONT YARD SETBACK AND A 2.57 FOOT VARIANCE
FROM THE REQUIRED 5 FOOT SIDE YARD SEPARATION SETBACK FOR THE
CONSTRUCTION OF A GARAGE ADDITION
g03-64
Cormie Carlson
City of Prior Lake
Dated this 29th day of July, 2003
(City Seal)
l:\deptwork\blankfrm\truecopy.doc 1
ASSENT OF APPLICANT
As Approved by Resolution #03-06
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 Files\03 Variances\Hess~ASSENT.DOC 1
16200 Ea§le Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 44,7-4230 / 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.
I understand the granting by the City of this Resolution is in reliance on the
representations that I will fully comply with all of the terms and conditions of
said Resolution. I understand and agree upon notice of non-compliance with
any term or condition, I shall immediately cease conducting activities
pursuant to the notice or will take all actions necessary to accomplish full
compliance with said notice and conditions of the Resolution.
DATE
6442ConroyStreetNE
ADDRESS OFPROPERTY
SIGNATURE OF APPLICANT
SIGNATURE OF OWNER
L:\03 Files\03 Vadances\Hess~,SSENT.DOC 2
RESOLUTION 03-06PC
A RESOLUTION APPROVING AN 11.04 FOOT VARIANCE FROM THE
REQUIRED 20 FOOT FRONT YARD SETBACK AND A 2.57 FOOT VARIANCE
FROM THE REQUIRED 5 FOOT SIDE YARD SEPARATION SETBACK FOR
THE CONSTRUCTION OF A GARAGE ADDITION
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake,
Minnesota;
FINDINGS
Mark and Cindy Hess are requesting variances from the zoning ordinance for
the construction of a garage and stairwell addition on property zoned R-1
(Low Density Residential) and SD (Shoreland Overlay District) at the
following location, to wit;
6442 Conroy Street NE,
Lot 52, Conroy's Bay Addition, Scott County, Minnesota.
2. The Board of Adjustment has reviewed the application for the variance as
contained in Case #03-64PC and held a hearing thereon on July 14, 2003.
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.
The narrowness, shallowness, and shape of the lot create a difficulty in
complying with the strict application of the setback provisions of the zoning
ordinance. Moreover, the location of the existing dwelling makes locating a
garage difficult, if not impossible, within the required setbacks.
The existing 31 foot front yard setback coupled with the existing location of
the dwelling limits the buildable area for a garage addition. Also, the garage
cannot be shifted further to the west to eliminate the side yard setback
variance due to an entrance location.
1:\03 flies\03 variances\hess\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
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.
One purpose of the zoning ordinance is to "provide adequate off-street
parking and loading facilities." The variances appear 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-of-
way. The property currently does not have a garage, and a garage is an
accessory use in all residential use districts.
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. Moreover,
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 contents of Planning Case #03-64PC 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 garage
addition, as shown on Exhibit A- Certificate of Survey:
1. An 11.04 foot variance from the required minimum 20 foot average front
yard setback (Section 1102.405 (4) Setback Requirements for Residential
Structures).
2. A 2.57 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:
The resolution must be recorded at Scott County within 60 days of adoption.
Proof of recording, along with the acknowledged City Assent Form, shall be
submitted to the Planning Department prior to the issuance of a building
permit.
2. The building permit is subject to all other applicable city, county, and state
agency regulations.
1:\03 flies\03 variances\hess\approval resolution.doc 2
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. Impervious surface coverage shall not exceed 37.3 percent.
6. Show the future living space addition between the garage addition and the
existing dwelling on the certificate of survey submitted with the building permit
application.
Adopted by the Board of Adjustment on July 14, 2003.
Donald R. Rye, ~3o', .~nity
/j
Anth ion Chair
Development Director
1:\03 files\03 variances\hess\approval resolution.doc 3
STATE OF MINNESOTA)
COUNTY OF SCOTT )
The undersigned, duly qualified and Planning Secretary of the City of Prior Lake, hereby
certifies the attached hereto is the original tree and correct copy of
CITY OF PRIOR LAKE RESOLUTION #03-06PC
A RESOLUTION APPROVING AN 11.04 FOOT VARIANCE FROM THE
REQUIRED 20 FOOT FRONT YARD SETBACK AND A 2.57 FOOT VARIANCE
FROM THE REQUIRED 5 FOOT SIDE YARD SEPARATION SETBACK FOR THE
CONSTRUCTION OF A GARAGE ADDITION
#03-64
Connie Carlson
City of Prior Lake
Dated this 29th day of July, 2003
(City Seal)
l:\deplwork\blank frm\truecopy~doc 1
RESOLUTION 03-06PC
A RESOLUTION APPROVING AN 11.04 FOOT VARIANCE FROM THE
REQUIRED 20 FOOT FRONT YARD SETBACK AND A 2.57 FOOT VARIANCE
FROM THE REQUIRED 5 FOOT SIDE YARD SEPARATION SETBACK FOR
THE CONSTRUCTION OF A GARAGE ADDITION
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake,
Minnesota;
FINDINGS
Mark and Cindy Hess are requesting variances from the zoning ordinance for
the construction of a garage and stairwell addition on property zoned 13,-1
(Low Density Residential) and SD (Shoreland Overlay District) at the
following location, to wit;
6442 Conroy Street NE,
Lot 52, Conroy's Bay Addition, Scott County, Minnesota.
2. The Board of Adjustment has reviewed the application for the variance as
contained in Case #03-64PC and held a hearing thereon on July 14, 2003.
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.
The narrowness, shallowness, and shape of the lot create a difficulty in
complying with the strict application of the setback provisions of the zoning
ordinance. Moreover, the location of the existing dwelling makes locating a
garage difficult, if not impossible, within the required setbacks.
The existing 31 foot front yard setback coupled with the existing location of
the dwelling limits the buildable area for a garage addition. Also, the garage
cannot be shifted further to the west to eliminate the side yard setback
variance due to an entrance location.
1:\03 files\03 variances\hess\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
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.
One purpose of the zoning ordinance is to "provide adequate off-street
parking and loading facilities." The variances appear 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-of-
way. The property currently does not have a garage, and a garage is an
accessory use in all residential use districts.
8. 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. Moreover,
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 contents of Planning Case #03-64PC 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 garage
addition, as shown on Exhibit A- Certificate of Survey:
1. An '1'1.04 foot variance from the required minimum 20 foot average front
yard setback (Section 1102.405 (4) Setback Requirements for Residential
Structures).
2. A 2.57 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:
The resolution must be recorded at Scoff 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.
h\03 files\03 variances\hess\approval resolution.doc 2
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. Impervious surface coverage shall not exceed 37.3 percent.
Show the future living space addition between the garage addition and the
existing dwelling on the certificate of survey submitted with the building permit
application.
Adopted by the Board of Adjustment on July 14, 2003.
Donald R. Rye, ~oi~nity
Anth~r~y Stamson, Commission Chair
Development Director
1:\03 flies\03 variances\hess\approval resolution.doc 3
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
SITE:
PRESENTER:
REVIEWED BY:
PUBLIC HEARING:
DATE:
CASE FILE:
5B
CONSIDER VARIANCES FROM THE ZONING
ORDINANCE FOR THE CONSTRUCTION OF A
GARAGE AND STAIRWELL ADDITION
6442 CONROY STREET NE
CYNTHIA KIRCHOFF, AICP, PLANNER
DON RYE, COMMUNITY DEVELOPMENT DIRECTOR
X YES NO-N/A
JULY 14, 2003
03-64
INTRODUCTION:
Mark and Cindy Hess are requesting variances from the zoning ordinance for the
construction of a garage and stairwell addition on property zoned R-1 (Low
Density Residential) and SD (Shoreland Overlay District) and located at 6442
Conroy Street NE (Lot 52, Conroy's Bay Addition). The property is guided Urban
Low/Medium Density Residential in the 2020 Comprehensive Plan.
In order to construct the garage addition as shown on Attachment 3, the
following two variances are required:
1. An 11.04 foot variance from the required minimum 20 foot average front
yard setback (Section 1102.405 (4) Setback Requirements for Residential
Structures).
2. A 2.57 foot variance from the required 5 foot side yard separation setback
(Section 1101.502 (8) Required Yards/Open Space).
In order to construct the stairwell addition as shown on Attachment 3, the
following variance is required:
1. A 3.28 foot variance from the required 9 foot side yard separation setback
(Section 1101.502 (8) Required Yards/Open Space).
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
because the average is 11.8 feet. The garage is proposed to be set back 8.96
feet from the property line abutting Conroy Street.
Side yard setbacks on nonconforming shoreland lots of record (or those 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 (i.e., eaves, gutters, and basement egress windows) are
permitted with a 5 foot setback.
The proposed east side yard setback for the garage addition is 4.43 feet,
however, the eaves are proposed to be 2 feet in keeping with the style of the
existing dwelling. Thus, the 2.43 foot side yard setback. Since the structure on
the property to the east is 20.2 feet from the property line, the minimum side yard
setback for the garage addition would be 5 feet because that is the minimum
setback the ordinance permits.
As previously noted, the stairwell addition provides an interior connection from
the garage addition to the existing dwelling. The main door to the dwelling is on
the east side at a lower elevation than the existing gravel parking area.
According to the inspection's department, the proposed 4.5 foot width of the
stairwell is the minimum width required by the Uniform Building Code. This
addition is proposed 5.72 feet from the side lot line (measured from the 2 foot
eave). The minimum side yard separation setback is 9 feet, because the west
side yard setback is 6 feet and the total side yard setbacks must equal 15 feet.
Other Ordinance Requirements
Impervious Surface Coveraqe Standard: The proposed impervious surface
coverage is 37.3 percent, and the existing hard surface is 40.9 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)). Since the impervious
surface would be reduced, no variance is required.
Driveway: 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 survey indicates the proposed driveway meets these requirements.
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:
L:\03 Files\03 Variances\Hess\PC Report. DOT 3
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, shallowness, and shape of the lot create a difficulty in
complying with the strict application of the setback provisions of the zoning
ordinance. Moreover, the location of the existing dwelling makes locating a
garage difficult, if not impossible, within the required setbacks.
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 31 foot existing dwelling front yard setback coupled with the existing
location of the dwelling limits the buildable area for a garage addition. Also,
the garage cannot be shifted further to the west to eliminate the side yard
setback variance due to an entrance location. The proposed stairwell
addition is necessary to connect the garage addition to the main door.
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.
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.
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.
L:\03 Files\03 Variances\Hess\PC Report. DOT 4
Relief from the setback provisions of the zoning ordinance does not appear to
unreasonably impact the character and development of the Conroy Street
neighborhood. The average front yard setback is 11.8 feet, so the proposed
8.96 foot front yard setback is fairly consistent.
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 variances appear 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-
of-way. The property currently does not have a garage, and a garage is an
accessory use in all residential use districts.
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. Moreover,
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.
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 shape of the lot, and the required front and side
yard setbacks. The property owner did not create the hardship for the
setback variances.
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 22 foot by 22 foot (484 square feet)
garage addition and 4.5 foot by 19.5 foot (87.75 square feet) stairwell addition on
property zoned R-1 and SD. In order to do such, front yard setback and side
yard setback variances are required. The property currently does not have a
garage. The shape of the lot and existing dwelling location, which is outside the
L:\03 Files\03 Variances\Hess\PC Report. DOT 5
control of the applicant, create an undue hardship, so staff supports the setback
variances.
ALTERNATIVES:
'1. Approve the variances requested by the applicant, or approve any variance
the Planning Commission deems appropriate in the circumstances.
2. Deny the application because the Planning Commission finds a lack of
demonstrated hardship under the zoning code criteria.
3. Table or continue discussion of the item for specific purpose.
RECOMMENDATION:
Staff recommends approval of an 11.04 foot variance from the 20 foot front yard
setback and a 2.57 foot variance from the 5 foot side yard separation setback for
the construction of garage addition and a 3.28 foot variance from the required 9
foot side yard separation setback for the construction of a stairwell addition,
subject to the following conditions:
The resolution must be recorded at Scoff 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. Impervious surface coverage shall not exceed 37.3 percent.
ACTION REQUIRED:
This request requires the following motion:
A motion and second adopting Resolution 03-06PC approving an 11.04 foot
variance from the required 20 foot front yard setback and a 2.57 foot variance
from the required 5 foot side yard separation setback for the construction of a
garage addition and a 3.28 foot variance from the required 9 foot side yard
separation setback for the construction of a stairwell addition.
L:\03 Files\03 Variances\Hess\PC Report. DOT 6
ATTACH MENTS:
1. Resolution 03-06PC
2. Location map
3. Survey
4. Applicable regulations
L:\03 Files\03 Variances\Hess\PC Report. DOT 7
Location Map for
Hess Variances
140TH ST NE
140TH ST NE
140TH ST NE
P~ Variances
909 v
¸1.
iiiiii~iiiiii PROPOSED ADDITION
:3G'Z"
PRIOR k~t(.~ SURVEY
RESOLUTION 03-06PC
A RESOLUTION APPROVING AN 11.04 FOOT VARIANCE FROM THE
REQUIRED 20 FOOT FRONT YARD SETBACK AND A 2.,57 FOOT VARIANCE
FROM THE REQUIRED 5 FOOT SIDE YARD SEPARATION SETBACK FOR
THE CONSTRUCTION OF A GARAGE ADDITION AND A 3.28 FOOT
VARIANCE FROM THE REQUIRED 9 FOOT SIDE YARD SEPARATION
SETBACK FOR THE CONSTRUCTION OF A STAIRWELL ADDITION
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake,
Minnesota;
FINDINGS
Mark and Cindy Hess are requesting variances from the zoning ordinance for
the construction of a garage and stairwell addition on property zoned R-1
(Low Density Residential) and SD (Shoreland Overlay District) at the
following location, to wit;
6442 Conroy Street,
Lot 52, Conroy's Bay Addition, Scott County, Minnesota.
2. The Board of Adjustment has reviewed the application for the variance as
contained in Case #03-64PC and held a hearing thereon on July 14, 2003.
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.
The narrowness, shallowness, and shape of the lot create a difficulty in
complying with the strict application of the setback provisions of the zoning
ordinance. Moreover, the location of the existing dwelling makes locating a
garage difficult, if not impossible, within the required setbacks.
The existing 31 foot front yard setback coupled with the existing location of
the dwelling limits the buildable area for a garage addition. Also, the garage
cannot be shifted further to the west to eliminate the side yard setback
1:\03 files\03 variances\hess\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
variance due to an entrance location. The proposed stairwell addition is
necessary to connect the garage addition to the main door.
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.
One purpose of the zoning ordinance is to "provide adequate off-street
parking and loading facilities." The variances appear 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-of-
way. The property currently does not have a garage, and a garage is an
accessory use in all residential use districts.
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. Moreover,
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 contents of Planning Case #03-64PC 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 garage
addition, as shown on Exhibit A- Certificate of Survey:
1. An 11.04 foot variance from the required minimum 20 foot average front
yard setback (Section 1102.405 (4) Setback Requirements for Residential
Structures).
2. A 2.57 foot variance from the required 15 foot side yard separation
setback (Section 1101.502 (8) Required Yards/Open Space).
And a variance for the construction of a stairwell addition, as shown on Exhibit A
- Certificate of Survey:
1. A 3.28 foot variance from the required 9 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:\03 files\03 variances\hess\approval resolution.doc 2
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 constructed of hard surface.
5. Impervious surface coverage shall not exceed 37.3 percent.
Adopted by the Board of Adjustment on July 14, 2003.
ATTEST:
Anthony Stamson, Commission Chair
Donald R. Rye, Community Development Director
1:\03 files\03 variances\hess\approval resolution.doc 3
.1
EX/-
ADDITION ~'~
Zoning Ordinance
All home occupations shall be subject to an annual inspecton to insure
compliance with the above conditions.
k. All applicable permits from other govemmental agencies have been
obtained.
(2) Group Day Care/Nursery School in a religious institution, community center, or
academic educational institution complying with all of the following conditions:
a. At least 40 square feet of outside play space per pupil is provided.
b. The outside play areas are fenced and screened with a buffer yard.
Co
Drop off and loading points are established which do not hterfere with traffic
and pedestrian movements.
1102.405 Dimensional Standards.
No structure shall exceed 3 stories or 35 feet in height, whichever is less, except as
provided in subsection 1101.508.
(2) The ground floor area ratio within the R-1 Use District shall not exceed 0.3.
(3)
The following minimum requirements and those additional requirements, exception
and modifications contained in provisions (4) through (9) below and in the
Subdivision Ordinance shall govern the use and development cf lots in the "R-l"
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 corner lots shall have a required front yard on each street.
(6)
The width of the side yard setback abutting a building wall shall be increased 2
inches for each 1 foot the length of the building wall exceeds 50 feet. The
additional setback will not be applied if there is a break in the building wall equal
to 10% of the entire length of the wall. For the purpose of this subsection, a wall
includes any building wall within 10 degrees of being parallel to and abutting the
side lot line of a lot. (Ord. 00-08- pub. 6/'I0/00)
(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 ~inimum side yard depth in the District, but no side
May 22, ]999
c,,y q V, or eAPPLICAI LE H -GUi..".fioNS
1102/p14
(7)
---~ (8)
1101.503
(1)
(2)
(3)
(4)
(5)
May. ], ]999
On a comer lot where the rear yard abuts the side yard of an intedor lot, the
setback for a detached accessory building is the same as the required front yard of
the interior lot.
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 nonconforming 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.
Yard Encroachments. The following shall not be encroachments on yard
requirements:
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)
Yard lights and nameplate signs for one and two family dwellings in the R-l, R-2,
and R-3 Districts.
Floodlights or other sources of light illuminating authorized illuminated s~ns, or
illuminating parking areas, loading areas, or yards for safety and security purposes
if these meet the regulations of subsection 1107.1800.
Flag poles, bird baths and other ornamental features detached from the principal
building which are a minimum of 5 feet from any lot line: '
Canopies no more than 12 feet wide are permitted in the "R-4", "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:
Awnings and door hoods which extend 5 feet or less into the required front
yard.
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
structuri9 in compliance with the building code.
The vestibule shall be constructed of materials compatible wth those of the
principal structure which meet the requirements of subsection 1107.2200.
City of Prior Lake.
1101/p35
Approved Plans
L:\TEMPLATE~FILEINFO.DOC
..... ~20 05
r
....
-£
PRIOR
i.i,.i...,.i,,, PROPOSED ADDITION
-r C,F
CITY OF~PRIOR LAKE
i~.-~'n~,_ Impervious Surface'CalculatiOns
~,,po/'1-r (To be Submitted with Building Permit Application,
All Properties Located in the Shoreland District (SD).
The Maximum Impervious SurfaCe Coverage Permitted in 30 Percent.
Proper, Address' ~l'q'7- e,a,a~.x~ c~4~'e~.b
L0tArea '~ I~"/~ 'o_.~u,. ~' q~qSq. Feet x 30% = .............. [-I
LENGTH WIDTH SQ. FEET
HOUSE x = ! ~ P---l:
ATTACHED GARAGE
TOTAL PRINCIPLE STRUCTURE ......................
DETACHED B~
TOTAL DETACHED BUILDINGS .......................
DRIVEWAY/PAVED AREAS ~-.~r ~'°*..~ x
(Driveway-paved or not)._~.__~_{_~_ x
(Sidewalk/Parking Areas) x
TOTAL PAVED AREAS .........................................
PATIOS/PORCHES/DECKS
(Open Decks 'A" min. opening between
boards, with a pervious surface below,
are not considered to be imperviOus)
TOTAL DECKS ........................................................
OTHER
TOTAL IMPERVIOUS SURFACE
uNDE
comPany .%J,t~.l'e'q ~.~ ~e~ {. ~,.~F.~,,
Phone
?..3zq ,,
.CITY OF PRIOR LAKE
Impervious Surface CalculatiOns
(To be Submitted with Building Permit Application)
For All Properties Located in the Shoreland District (SD).
The Maximum Impervious Surface Coverage Permitted in 30 Percent.
Property Address Lo
Lot Area ~(o"1~ cxhc,,,(q,{_, ~0q ' Sq.Feet' x 30% = ..............
HOUSE
ATTACHED GARAGE
LENGTH WIDTH
X
SQ. FEET
' 'La._ x 'z'z_ =
TOTAL PRINCIPLE STRUCTURE ......................
DETACHED BLDGS x
(Garage/Shed) x
TOTAL DETACHED BUILDINGS .......................
DRIVEWAY/PAVED ARE,~
,,~ iDri~veway-paved Or not)`
,, (SideWalk/Parking Areas)
PATIOS/PORCHES/DECKS
· (Open Decks ¼" min. Opening between
boards, with a pervious surface below,
are not considered to be impervious)
TOTAL DECKS..;; ....................................................
OTHER
TOTAL OTHER .......................................................
TOTAL ~ IMPERVIOUS· SURFACE
:Prepared By
Company.. ~
Date q
Phone#
Correspondence
L:\TEMPLATEWILEINFO.DOC
F LE C F¥
July 29, 2003
Mark & Cindy Hess
6442 Conroy Street NE
Prior Lake, MN 55372
RE: Variances for garage addition; Case File No.: 03-64
Dear Mr. & Mrs. Hess:
This letter is to officially inform you that on July 14, 2003, the Board of Adjustment
approved an 11.04 foot variance from the required 20 foot front yard setback and a 2.57
foot variance from the required 5 foot side yard separation setback for the construction
of a garage addition, subject to the following conditions:
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 constructed of hard surface.
5. Impervious surface coverage shall not exceed 37.3 percent.
6. Show the future living space addition between the garage addition and the existing
dwelling on the certificate of survey submitted with the building permit application.
Enclosed is a certified copy of Resolution 03-06 approving the aforementioned variances
to be recorded at Scott County and a copy for your records. Additionally, the enclosed
Assent Form must be signed by you and returned to my attention prior to the issuance of
any required permits.
If you have any questions, please feel free to contact me at (952) 447-9813.
Sincerely,
Cyr~hid R. KirchoffS, AICP
PJanner
Enclosures
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNIW EMPLOYER
CITY OF PRIOR LAKE
DRC PROJECT REVIEW CHECKLIST
PROJECT NAME: HESS VARIANCE (Case #03-64)
REQUESTS:
The applicant is requesting the following variances for the
construction of a garage:
1. 10.7 foot variance from the required 20 foot front yard
setback and
2. 2.6 foot variance from the required 5 foot side yard
setback.
APPLICANT: Mark & Cindy Hess
CONTACT PERSON: Same
233-1477
SITE INFORMATION
PID #: 25-114-014-0
LOCATION: 6442 Conroy Street NE
EXISTING ZONING: R-lSD
COMPREHENSIVE PLAN: R-L/MD
PROJECT REQUEST: Review and comment on variance application.
DISTRIBUTE TO: 1/11 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 m Site Plan
· Jane Kansier Preliminary Plat
PUD
· DNR- Pat Lynch Minnegasco Final Plat
County Hwy. Dept. Watershed Dist. m · Variance
MNDOT Telephone Co. Vacation
SMDC Electric Co.
Mediacom Cable Met. Council
Date Received 6/12/03 Date Distributed 6/17/03 Date Due 7/2/03
Complete Application 6/12/03 Date Distributed to 6/17/03 DRC Meeting NA
Date DRC
Publication Date 6/28/03 Tentative PC Date 7/14/03 Tentative CC NA
Date
60 Day Review Date 8/11/03 Review Extension 10/11/03
1:\03 files\03 variances\hess\referral.doc Page 1
I have reviewed the attached proposed request (Hess 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 Wednesday, July 2, 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\hess\referral.doc Page 2
I have reviewed the attached proposed request (Hess Varia¢¢~) for the following: .
Water City Code G ra~n--g'-
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:
, .I/¢
Signed: t,t.X:t.~/v ~ Date:
Please return any comments by Wednesday, July 2, 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
h\03 files\03 variances\hess\referral.doc Page 2
~e 13,2003
Mark & Cindy Hess
6442 Conroy Street NE
Prior Lake, MN 55372
RE:
Variance application for construction of a garage
Case File No.: 03-64
Dear Mr. & Mrs. Hess:
On June 12, 2003, the City of Prior Lake received the above referenced
development 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, the Planning Commission is scheduled to hold a public hearing on your
variance application on Monday, July 14, 2003, at 6:30 p.m. or soon thereafter.
A staff report will be mailed to you after Wednesday, July 9, 2003. 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
August 11,2003, to October 11,2003.
If you have questions concerning the variance process, please feel free to
contact me at (952)447-9813.
Sincerely,
Cy'r~thia R. Kirch(~ff, A~P ~
Planner
16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
July 10, 2003
Mark and Cindy Hess
6442 Conroy Street NE
Prior Lake, MN 55372
RE: Agenda and Agenda Report
Attached is a Planning Commission Agenda and Staff Report for the July 14, 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 HVVY 13 on the south side of CR 21). If you cannot
attend the meeting, please call me so your item can be deferred to the next Planning
Commission meeting. If you have any questions, please contact me at 447-9810.
Sincerely,
Connie CarFson
Connie Carlson
Planning Dept. Secretary
Enclosure
I:\deptwork\blankfrm\meetltr.doc
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 4474230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
July 22, 2003
Anthony Stamson
16095 Wren Court SE
Prior Lake, MN 55372
Dear Tony:
Enclosed please find Resolutior~ 03-06PC for the Hess variances, as adopted by
the Planning Commission on July 14, 2003. Please review and sign the
resolution and return it in the enclosed self-addressed stamped envelope.
Should you have any questions, please feel free to contact me at 447-9813.
Thank you.
Sincerely,
Cynthia R. Kirch(:~ff, ,~IC, P "---~'---/
Planner
Enclosures
16200 Eagle Creek Ave, S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
HEARING
NOTICES
L:\TEMPLATE~FILEINFO.DOC
E
NOTICE OF PUBLIC HEARING TO CONSIDER VARIANCES FROM THE
ZONING ORDINANCE FOR THE CONSTRUCTION
OF A GARAGE ADDITION
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, July 14, 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 a garage addition.
APPLICANT:
Mark and Cindy Hess
SUBJECT SITE:
6442 Conroy Street NE, Prior Lake, MN, legally described as
Lot 52, Conroy's Bay, 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 1~ day of July 2003.
Cynthia Kirchoff, AICP, Planner
City of Prior Lake
To be mailed to property owners within 350feet of subject site on July 3, 2003.
L:\03 Files\03 Variances\Hess\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
AFFIDAVIT OF SERVICE BY MAIL
COUNTY OF SCOTT )
)ss
STATE OF MINNESOTA)
~~'~4~ //~.~,~fthe City of Prior La~ County of Scott, State of
Minnesota, b¢in~-~ul-y swo-m, says on the ~' day of.~-~} , 2003, sh~e~ed.
the attached list of persons to. have ap inte~the "--~/Z~_./.~_~e ~//.~'/Z_~
~ ~ - t~ /,~ 4-~ , by mailing ~o them a copy thereof,
/~nclo~ed in an envelope, postag"e p~-epaid, and be depositing same in the post office at
Prior Lake, Minnesota, the last known address of the parties.
Subscribed and sworn to be this
~ day of ,2003.
NOTARY PUBLIC
L:\D EPTWORK\BLANKFRIVi~MA! LA FFD. DOC
Page 1 of 1
Cynthia Kirchoff
From: Cynthia Kirchoff
Sent: Monday, June 23, 2003 8:16 AM
To: Prior Lake American (E-mail)
Subject: Hess Variances
Deb-
Please publish the attached public hearing notice in the June 28th edition of the Prior Lake American.
Thanks. Let me know if you have any questions.
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
6/23/03
NOTICE OF PUBLIC HEARING TO CONSIDER VARIANCES FROM THE
ZONING ORDINANCE FOR THE CONSTRUCTION
OF A GARAGE ADDITION
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, July 14, 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 a garage addition.
APPLICANT:
Mark and Cindy Hess
SUBJECT SITE:
6442 Conroy Street NE, Prior Lake, MN, legally described as
Lot 52, Conroy's Bay, 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 23ra day of June 2003.
Cynthia Kirchoff, AICP, Planner
City of Prior Lake
To be published in the Prior Lake American on June 28, 2003.
L:\03 Files\03 Variances\Hess\Public Hearing Notice.doc
Mailing
Information
and Lists
L:\TEMPLATE/FILEINFO.DOC
Property owners within
350 feet of Hess Variance
1403H ST NE 140714 ST NE
140TH ST NE
140'J'H ST NE
14oTH
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. MOONEN
Phone: (952) 445-6246
Fax: (952) 445-0229
May 6, 2003
Cindy Hess
6442 Conroy Street NE
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:
L52, Conroy's Bay, Scott County, Minnesota.
David E. Moonen
President
Scott County Abstract & Title, Inc.
r~ {ii~'~ AND 1TFI.E, INC.
MEMBER MINNESOTA LAND TITLE ASSOCIATION
AGENT FOR CHICAGO TITLE INSURANCE COMPANY
JAMES P & DENISE A CASEY
14031 GREENWAY AVE NE
PRIOR LAKE MN 55372
PRIOR LAKE OAKS LLC
PO BOX 246
FARIBAULT MN 55021-0246
RAYMOND E CABILLOT
14053 GREENWAY AVE NE
PRIOR LAKE MN 55372
BARTS HOMES LLC
PO BOX 240593
APPLE VALLEY MN 55124
KATHY L BACHELOR
14069 GREENWAY AVE
PRIOR LAKE MN 55372
HARRIET E KRAAY ET AL
6405 WILD OAKS TERR NE
PRIOR LAKE MN 55372
DAVID A & LORI L RUBENZER
14085 GREENWAY AV NE
PRIOR LAKE MN 55372-1337
THEODORE J & LAURIE A SCHWEICH
6436 CONROY ST NE
PRIOR LAKE MN 55372
CRAIG GUTOSKE
4224 CHESTNUT LN NE
PRIOR LAKE MN 55372
SCOTT L ROTH
6394 CONROY ST NE
PRIOR LAKE MN 55372
D JAMES SPACE,JR
6406 CONROY ST NE
PRIOR LAKE MN 55372
LEROY F FARRELL
6412 CONROY ST NE
PRIOR LAKE MN 55372
THOMAS M & MARY E KEARNEY
6424 CONROY ST NE
PRIOR LAKE MN 55372
T ALICE KEARNEY
17120 MURPHY LAKE BLVD
PRIOR LAKE MN 55372
AVERY®
Address Labels
Laser
5162®
JANICE E MILLER
6407 WILD OAKS TERR
PRIOR LAKE MN 55372
WILD OAKS HOMEOWNERS ASSOC
680 24 ST NW
FARIBAULT MN 55021
SHARON JOHNSON
6590 HARBOR BEACH
PRIOR LAKE MN 55372
ALAN W & JUDITH M LEIPNITZ
6592 HARBOR BEACH NE
PRIOR LAKE MN 55372
JOHN C & MARLENE R ELLIS
6594 HARBOR BEACH NE
PRIOR LAKE MN 55372
HARBOR COMMUNITY ASSN
6548 HARBOR PL
PRIOR LAKE MN 55372
~.. COUNTY IlOiO 4t
m~mm ~
0 0
~ ~z z~ 0~ O~O~w~
~ ~ ~ o ~ zo~
0 0 ~
<Z<Z ~Zm
~ ~00 ~00~0~
5 5
Z Z Z Z Z ZZ
o o ~ o o o
0 08 0 0 0
0 0 0 0 0
~ o o o o o oo
= = 0 0 0 On
~ ~ Z Z Z Z~
~ ~ 0 0 0
~ W ~ mo
~ ~ 0 0 0
~ Z