HomeMy WebLinkAboutVA94-02 VA survey pg 7
CITY OF PRIOR LAKE
APPLICATION FOR VARIArO:
Awlicant~"~dP~~ ~P{J!'ro,^
Address: \5\~a..\ "- (~\{> ~. 'f)./ (p.~
Property Owner: <' AVV'C""
Address: <5AM~
Type of Ownership: Fee )( _ ~u'...ract ~
Consultant/Contractor: ~~t.F ~P~J/')./"'. (()J\~1
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Plot a ?-'(j()I-O
Hane Phone: LI\.(.., - ('-(DO
Work Phone:~ - ~\..{.Q.f) . ).
Home Phone:::D..O - ~,,~., 1
Work Phone:
Purchase Agreanent
Phone:
Existing Use , t
of Property: ~P<:' \r\ jO.^ ( e Present Zoning: Re.C;:\O~a. \
Legal Description .
of Variance Site:~A- 0+' + 1 "~\~ ~\<TlNV\N'~ ~\JJT <;uM.~
Variance Requested:- N'\V'\Q fa ~ Go~~ \.fn..II'~~N'.p--::p;...~ I ."
~,,~\<.-\-'Vvt ~v~. c ~oy LA,,", l.e~ ~ ~~'. ~~"J
Has the applicant previously sought to plat, rezone,
use permit on the subject \Site or any part of it?
What was requested: N b.
When: - Disposition:
DeACi~~ ~ o~~~~:~~~ /l,^~ ~~~~ ~.~vrtev1
obtain a ~jriance or conditional
Yes ^ N:>
::,umISSION RwUl.REMENTS:
, . (A)Completed awlication form. (B)Filing fee. (C)Property SUrvey indicating the
~1V proposed developnent in relation to property lines and/or ordinary-high-water mark;
~. proposed building elevations and drainage plan. (D) Certified fran abstract firm,
names and addresses of property owners within 100 feet of the exterior boundaries of
the subject property. (E)Complete legal description & Property Identification Number
(pm). (F)Deed restrictions or private covenants, if applicable. (G)A parcel nap
at 1"-20'-50' showing: The site developnent plan, buildings: parking, loading,
access, surface drainage, landscaping and utility service.
ONLY COMPLETE APPLICATIONS SHALL BE At.Ui.t'l."W AND RE.VIE.WED BY "U1~ PLANNI~ <XMMISSION.
To the best of ~ knowledge the infonnation presented on this form is correct. In
addition, I have read Section 7.6 of the Prior Lake Zoning' Ordi e which specifies
~~~::t:s f~~tr~~an~~ ~~~~~r~c;. ag~~ \P:~~~O.~i n d follow the
. . ~\~~j v{pd
Sutrnitted this tt-day of t:P'v'l, la..'-f \ 1
N A
Fee Owners Signature
THIS SPACE IS '10 BE FILLED OUT BY UJ~ PIANNI~ DIRn.:l.vR
PIANNI~ <n1MISSION V . APPROVED DENIED 3- 3 --9 Y DM'E OF HFARI~
\...n"f COUN:IL APPEAL &-.t'l<OVED DENIED MTE OF HFARI~
CDNDITIONS: ?:n "./A,fL4Jj:J.()Ll~ l/(u~:--IIY UJIrh tJfJJJl17tffJ - ..s:eet~ ,.
?II.(/J/J/n~ (1.-t nJ/ SSJ//h /nJ hUM ~.
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Signature of the Planning Director
<- if -1/
Date
lA1 'l~ -o~
VARIANCE CHECK LIS~
"VARFM"
SUBJECT SITE: 16d..Q/ &fY-(J)a.Jtx. f!J-~J..f
APPLICANT, /)('JJ1io S)!J8~~
CHECK DATE TASK COMPLETE~
SCHEDULE HEARING DATE:
DNR NOTICE IF SHORELAND:
PREPARE AREA MAP:
APPLICANT NOTICE:
PROPERTY OWNERS NOTICE:
NOTICE TO DOUG - ENGINEERING
NOTIFY OTHERS: JJ/It
Scott countr
Watershed D strict
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COMMISSION AGENDA PACKETS:
Staff Memo
Application Form
Copy of Public Notice
.STAFF ACTIVITIES
MAIL COpy OF APPLICATION AND
REQUIRED CONDITIONS TO APPLICANT:
MAIL COPY OF APPLICATION AND
CONDITIONS TO DNR:
GIVE COpy OF APPLICAITON AND
CONDITIONS TO BLD. INSPECTOR
ASSIGN FILE NUMBER:
AMEND VARIANCE SUMMARY SHEET:
ADD PE~IT TO PROPERTY MGMT:
FILE BY: File t:
Leqal:
FILE SHOULD CONTAIN:
Staff Memo
Oriqinal Application
Copy of Notice to OWners
Planninq C......m. Minutes
Other Information
VA
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Applicant:
Address:
.C?- <i - 94 <P 0/ 3(),a /'h
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jJ~ /P. - C;'-'
a - ,.I.6-'1"'t
?-~4"J,-q<..f
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MNDOT
Other
Applicable Maps
Copy of Parcel Info.
Other Applicable Info.
3- ]- Cj'-l
3~ 7-CJ~
3-7-9'/
1/1 94 - L}.2.--
) -' l -q~
),7/'11
Applicable Maps and Documents
Copy of Public Notice
Correspondence
Council Minutes if Applicable
V~ taken signified ayes by R~, Voohof, and Arnold Camnissiollt"J' Loftus absIained. ManON
CARRIED.
MOTION BY ROSE1H, SECOND BY LOFIUS, TOCLOSETHEPUBUC HEARING.
VOle taken signified ayes by Roseth, Loftus, Arnold, and Vonhof. MvuuN CARRIED. The Public
Hearing closed at 9: 12 P.M.
II r..!YlID. VARIANCE. DAVE BERGERON
ONe B':"6'"'''''' 15291 Edgewater Circle, stated he wishes to add a 420 foot addition to their horre. The
construction woold consist of a bathroan and a sitting ~ursery addition to the ~u;..a L..~" ".... The
request is for a nine (9) foot lakeshore variance flulU the 904 contour line.
Deb Garross, Assistant City Planner }i&~nted the infV&..~on as per planning report of March 3, 1994. The
subject site is al'l''''i.dnately 45,000 square feet and located in the Shoceland District The lot is located on
the southeast edge of MlItinsons' Island and contains lakeshoce on two sides of the l'.....l'..~J. The site w~
developed in the 1960's and 1970's and hu..~ were built under the jmisdiction of Eagle Creek: Township.
Precedent has been set by variances granted in the neighborltood. The inegular shape of the l'Ql~1 and
location at the point of an island create a unique circum~ with respect to the subject site. The applicant
has planned the addition in regml to preserving the trees and blending with the neighl "J ,:.,ood. TIrre are no
building coverage or i."l'..lious surface area variances required The ...-"":..............dation hulU Staff is to
~l'''''' ve the variance as requested. Hardship is caused by the unique circumstances related to the 1'1....... ~J
being located on a islaIXi, configuration of the l'&ul'..~f, and the variance does oL~... Ie the spirit and intent
of the zoning OIdinance. The DNR was notified and did not have any Cu'u..........ts.
Cv............~ hum the n.......:ssioners were; type of construction, setbacks, and all were in favoc of the
variance.
MOTION BY LUt< IUS, SECOND BY VONHOF, TO AWROVE THE NINE (9) FOOT LAKESHOOE
VARIANCE l"Ut<. 15291 ~wAu:~.K CIRaE. RATIONAlE BEING IT HAS MEr THE
CONDmONS KJK HARDSHIP, PREt .....1 ,ENT HAS BFEN SET AND IT WOUlD Nor BE
D~ltdMENTAL lO1HEHEAl1HANDWB.FAREOF1HECOMMlJNIIT
VOle taken signified ayes by Loftus, Voohof, Arnold, and Ra;eth. ManON CARRIED.
~...an Arnold announced that the new CV......:ssioner woold possibly be at the next meeting pending
~''I' 1""" tal by the City Council.
An update was given on the Planning Cv.....~on &.-;...-at scheduled for March 5, 1994.
Ml1jlUl'<lBYR(b~lrl, SECOND BYVONHOF, ro ADJOURN1HE~~lll~G
VOle taken signified ayes by Ra;eth, Voohof, Arnold, and Loftus. ManON CARRIED.
The ......kng adjomned at 9:28 P.M. Tapes of the meeting are on file at City Hall.
DebGarross
Assitant City Planner
Rita M. Schewe
Rwu&c:ing Sw&\_~
PLANNING COMMISSION
March 3, 1994
Page 3
"VAD'lPC"
PLANNJN"n REPORT
AGENDA J.1~.dtf:
SUBJECT:
PRESENTER:
PUBLIC HEARING
DATE:
3
DAVE BERGERON VARIANCE
HORST W. GRASER, DIRECTOR OF PLANNING
_YES -X..NO
MARCH 3, 1994
~ 1 KQDUCTION:
The Planning Department has received a nine (9) foot lake shore variance application from Dave
Bergeron to construct an a.p.pJ.'uximately a 420 foot addition to the north and east of his existing
single family home. The subject site is located at 15291 Edgewater Circle, Prior Lake.
DISCUSSION:
The subject site lot consists of approximately 45,000 square feet and is zoned R-I, Urban
Residential and located within the S-D, Shoreland District. The lot is located on the southeast
edge of Martinson's Island and contains lakeshore on two sides of the property. The existing
home was constructed in 1976 with lake shore setbacks ranging from 50 feet measured at the
garage to 75 feet measured at the northeast comer of the home. The lot is relatively flat ranging
in relief from 904 to 917. A variety of mature trees, approximately 400 feet of prime lake shore
and extensive views make this a highly desirable and valuable lot.
The subject site is the most southeasterly point on the Martinson's Island land mass. The 23 lots
on this island were developed in the 1960's and early 1970's with individual septic systems. The
majority of these lots are at least 15,000 square feet, which was the minimum lot size under
township regulations. It is difficult to accurately determine compliance to Prior Lake's standards
since most of these homes were built under the jurisdiction of Eagle Creek Township.
The adjacent house to the west has a similar setback as the Bergeron home. The house to the
north has a setback in excess of 100 feet and is the only home impacted by the variance request
However, a mature row of deciduous evergreens block the view of the subject home from the
adjacent house to the north. Also, a 47 foot side yard setback from the common property line
further reduces the impact of the 'pJ.uposed variance.
The addition appears to be a reasonable effort to improve the living opportunity of this property.
The new construction will not encroach any closer to the lake than the existing structure and
maintain the architectural integrity of the home.
ALTERNATIVES:
1. A'p'pJ.uY'e the nine foot lake shore variance as requested.
2. Table or continue this item for specific information.
4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
3. Deny the variance application fmding that inadequate hardship exists to grant a variance.
RECOMMENDATION:
Variance Hardship Standards:
1. Literal enforcement of the Ordinance would result in undue hardship with respect
to the property.
The applicant requests the 9' lake shore variance to imt'&VVe the t'wt'erty which contains
over one acre of land area. The lot size requirement for the zone is 15,000 square feet
with 90' of lot width at the front setback and 75' of lot width at the 904 contour. The
proposed addition will not encroach any further into the lake shore setback than the
existing home which is located approximately 50' from the 904 contour. No lot area,
building coverage nor impervious surface variances are required to construct the addition
as proposed.
2. Such unnecessary hardship results because of circumstances unique to the property.
The lot contains a....~uximately 1 acre of land which is located on the southeast point of
an island. The irregular shape of the parcel and location at the point of an island create a
unique circumstance with respect to the subject site.
3. The hardship is caused by provisions of the Ordinance and is not the result of
actions of persons presently having an interest in the property.
Due to the fact that lake shore surrounds the property on two sides, increased setbacks are
required for the site that are not required for other lake shore lots which typically have one
lakeshore setback applied. The hardship is caused by application of a 75' setback
requirement on the south and east portions of the subject site.
4. The variance observes the spirit and intent of this Ordinance, produces substantial
justice and is not contrary to the public interest.
The variance requested observes the spirit and intent of the Zoning Ordinance in that no
lot area, coverage nor impervious surface variances are required. The lot is of irregular
shape with lakeshore located on two sides of the parcel. Similar variances have been
granted on Martinson's Island for "~'u..erties located on a point. The variance as
requested is not contrary to the public interest.
....
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SURVEY PREPAREO FOR:
DAVE BERGERON
"29' EOGEWATER CIRCL.E
PRIOR L.AKE, MN. ~~372
Valley Surveying Co., P. A.
SUITE 120-C, FRANCUN TRAIL OFFICE....~ ..MINIUM
16670 FRANKUN' TRAIL 5oE.
PRIOR LAKE, MINNESOTA 5!5372
TELEPHONE (612)447-2570
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PROi'ERn DESCRIPTION.
TMt part 01" Lot 1, Block 1. IWITlJISOlt'S POINT, SoO'tt ~t" K1nnQOta 1,1""
north. UId ...t. of the lolloMintI; d..odtted line.
~
~~nolnc at the north...t Oocnet' at ..ld lAt 1 i thence o.HI an uatUINd blMdng
ot South 4 clair'" 59 .lnut.. 00 MOonU Eut done ttN N.at 11M at ..id Lot '.
. d.1atance or 17.50 t..t to tho point at bed.1nn1n& or the Un.. to tt. cieRdbed;
thence lIoC'th 89 d.eare" It6 a1nute. QI. HOOnda r.aat .. dut.ance at 50.JO t...t;
thence South IW d~... 26 alnu;te. 44 MlSOI'IU "at . cu..t.aftce << lC)1j.2' C..t;
thence South }2 deer." ,., a1autH 06 MO~ Eaat . di.tance at 2tJ.o'f C..t;
thence SQuth 9 ctasr... 20 ......ut.. " seconds Eaat . 11atano. or 04.17 twt;
thenua South. 14 d..~ 50 _tnut.. 00 ncanda i;aat . d1etanoe or 42 Cut lIOn 01'
1... to the IIhon or Prlo~ Lak. lIUId then tenWtlnc.
NOTES'
~n Elevation 91~.4' top o( .lab OIl ttM ..tta.m<<t ~~e.
91~.2 o.aou. aa1at1nC ~a .levaUon
~ Denot.. propaetld r1n1afted encla ala.ationa
Dono_.,."
dlC'eatlon ot C1nUtted ~.
s.t the ftftI lIVe.. alatll at al.vaUou 91b.50
'DM net lot UH aboY. al...tion 9O'J . 110.585 eqUllC'a C..t:.
'Ihe Mt u.. ot '*1lcUA1 . daok oo.a"..a . ".8~ equan r..t.
the IMt UN of b1tuainou & oononta . 0,478 *l1M"a C..t.
Th. total ane o{ lot oo'lan" . 11,'28 IqUU. C..t.
ht pt'O~ oo.wa.. .. 11,'Zd/40,sa, . 27.9 "
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OPIED VITH PERMISSION
ROM SCOTT COUNTY
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SEe. 35
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CALE: 400 FT. TO 1 INCH
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"VNJ2P1>l'
NOTICE OF HEARING FOR VARIANCE
You are hereby notified that the Prior Lake Planning Commission will hold a hearing in the City
Council Chambers located at City Hall, 4629 Dakota Street S.E. on:
Date:
THURSDAY, MARCH 3, 1994
Time:
8:30 P.M.
APPLICANT:
David and Wendy Bergeron
SUBJECT SITE:
15291 Edgewater Circle, Prior Lake.
See attached survey for legal description.
REQUEST:
The applicant proposes to construct a room addition on the easterly
side of an existing single family home as per attached survey
reduction. The required lakeshore setback is 75 feet, measured
from the 904 contour of Prior Lake. The proposed addition will be
located 66 feet from the 904 contour, therefore the applicant
requests a 9 foot lake shore variance be granted in order to
construct the deck as proposed.
If you are interested in this issue, you should attend the hearing. The Planning Commission will
accept oral and/or written comments. Questions related to this hearing should be directed to the
Prior Lake Planning Department by calling 447-4230 between the hours of 8:00 a.m. and 4:30
p.rn. Monday through Friday.
Prior Lake Planning Commission
Date Mailed: February 23, 1994
4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372-1714. / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
III. * ,.. ..
.: % : 2.E~ 11l~~~~~!.S
III"," .. *. 287 S. Marschall Road
Shakopee, Minnesota 55379-1674
(612) 445-3196
(612) 445-9522 FAX
Home Office: Minneapolis, Minnesota 55401-2499
.. VAtJ2mL II
FEBRUARY liTH, 1994
ACCORDING TO THE RECORDS OF THE SCOTT COUNTY TREASURERS OFFICE THE
FOLLOWING IS A LIST OF PROPERTY OWNERS LYING WITHIN 100 FEET OF THE
FOLLOWING DESCRIBED PROPERTY: LOT 1, BLOCK 1, MARTINSON'S POINT
DAVID A. BERGERON
15291 EDGEWATER CIRCLE
PRIOR LAKE, MN 55372
RICHARD N. & SUSAN M. HADLEY
15297 EDGEWATER CIRCLE
PRIOR LAKE, MN 55372
LOWELL J. & BARBARA STARK
15283 EDGEWATER CIRCLE NE
PRIOR LAKE, MN 55372
MICHAEL C. & DEBORAH BABCOCK
15271 EDGEWATER CIRCLE
PRIOR LAKE, MN 55372
STEPHEN VANHOUTEN & WIFE
15286 EDGEWATER CIRCLE NE
PRIOR LAKE, MN 55372
ROBERT W. & VICKY K. HUNTER
15296 EDGEWATER CIRCLE NE
PRIOR LAKE, MN 55372
RICHARD T. .& KATHY L. BELLEW
15315 EDGEWATER CIRCLE NE
PRIOR LAKE, MN 55372
FRED & DOROTHY GROTHE TRUST
15303 EDGEWATER CIRLCE NE
PRIOR LAKE, MN 55372
f V8L8V1 - ~6~
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AUTHORIZED SIGNATURE
3/d YJ~r
...J
DICK MATHSON
p1k
lYJAJJOhUL
"VNriPtl'
NOTICE OF HEARING FOR VARIANCE
You are hereby notified that the Prior Lake Planning Commission will hold a hearing in the City
Council Chambers located at City Hall. 4629 Dakota Street S.E. on:
Date:
THURSDAY, MARCH 3, 1994
Time:
8:30 P.M.
AL PLICANT:
David and Wendy Bergeron
SUBJECT SITE:
15291 Edgewater Circle. Prior Lake.
See attached survey for legal description.
REQUEST:
The applicant proposes to add a deck on the easterly side of an
existing single family home as per attached survey reduction. The
required lakeshore setback is 75 feet. measured (..V111 the 904
contour of Prior Lake. The proposed addition will be located 66
feet from the 904 contour. therefore the applicant requests a 9 foot
lake shore variance be granted in order to construct the deck as
proposed.
If you are interested in this issue. you should attend the hearing. The Planning Commission will
accept oral and/or written comments. Questions related to this hearing should be directed to the
Prior Lake Planning Department by calling 447-4230 between the hours of 8:00 a.m. and 4:30
p.m. Monday through Friday.
Prior Lake Planning Commission
Date Mailed: February 18. 1994
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER