HomeMy WebLinkAboutVA94-04 O'Malley Ulrich Variance Oversize Docs
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PIDi ~5" -636:. (JO I.=..f)
~'.L':L' OF PRIOR LAKE
APPLICATION FOR VARIAN:E
Applicant: $f'L.u:pA UJfi,,~ / S~'^ 'J: 0 1/iA-Ilt?-y Bane Phone: ~q 1- 'it? Clef
Address: 7ft E. (1Jf:-11 S"i: A,01; ./7/0 51- PfluP, ~~"LO\Work Phone: ?1.1~...~~
Property <>.mer:~ A:: ~ Bane Phone:
Address: 1l?20Q fufr~$ In. Work Phone:
Type of <>.mership: Fee Contract)( Purchase Agreement
. Consultant/Contractor :.r\e.u f \-.a... ~~,_ A-.n ~ i... "~'t' Phone: '\.4,~ _ CZ\.::::-o'::l....
Existing Use . .
of property:~d.co-.n i Present zoning:(<- J /ShveW d,strld
Legal Description L t A . )
of Variance Site: ..(/ J I IJAole a.rk- S'h"rP. Acres (/5rJ(jq F~.HlIJI/'I1l:t1 TI!.
vari~ce Requested: ~.. ~,;~p::3' Nw-W'I.<;'IKU.':j z/<;(~ f7/1Ili,,- ~ I La.%O.Ah(Jl'e. j
5 (J.JP-4i R'/W(UI/\/) ~ 1,2 % f),l/I In9 r'26w.rfl61" ~Mi(') M~ 2.87. rf')1{Mrv/(fV~ svr..ftAfI 1-'~12(,4rtc,f
~qCo II> L-lifare&l- (rA1<IAnCE'. "
Has the applicant previously sought to plat, rezone, obtain a"" v9riance or conditional
use pemit on the subject site or any part of it? Yes X R>
What was requested:
When:
Disposition:
Describe the type of iIrprovements proposed:.cons"t,.~t;cn o-F $'1"$J1'. ~_,1~J rE!sldp"c-e
aJDL.fiSSION ~.lRE14ENI'S:
(A)Canpleted application fom. (B)Filing fee. (C)Property &1rvey indicating the
proposed developnent in relation to property lines and/or ordinary-higlrwater mark1
proposed building elevations and drainage plan. (D) Certified fran abstract fim,
names and addresses of property owners within 100 feet of the exterior boundaries of
the subject property. (E)Canplete legal description & P"",,!:,,=,rty Identification Nlmber
(PID). (F)Deed restrictions or private covenants, if applicable. (G)A parcel map
at 1"-20'-50' showing: The site developnent plan, buildings: parking; loading,
access, surface drainage, landscaping and utility service.
ONLY CDMPLEl'E APPLICATIONS SJALL BE AU...I:,l'J."u') AND RE.VIDJED BY :J:.t1~ PLANNIN3 (XHttISSION.
To the best of ~ knowledge the infoonation presented on this fom is correct. In
addition, I have read Section 7.6 of the Prior Lake Zoning Ordinance which specifies
requirements for variance procedures. I agree to provide infOrmat~d~, ow the
procedures as outlined in the Ordinance. .~ )</J Ot/L;
a.tmi.tted this {) day of 1)1 CUVl 19P:/ : #oRllicants Si atJJr~ 7J~
Fee <>.mers Signatur~ (
THIS SPACE. IS ro BE FILLED our BY .LO":' PLANNnt; DIRECl'OR
PLANNIR; QHt1ISSION ,/ ~~lClID DENIED DA.TE OF HFARI~
w:...",t co:mI:IL APPEAL ~~.t<OVED DENIED li\TE OF HEARI~
roNDITIONS:
,-tfu1aJ'fn.~fcAPjL-k.C;()(jllk S~ If -qif
Signature of the Planning Director p~te
VARIANCE CHECK LIST
" VARFM "
1-.tJ./ ( .~ PfMf._~ /1rAM /.::bIO~i'6I111/"1!I.
rSfJujll1liiJ f Ii::1a/.ttu ) &:J!.ee vincA
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CHECK DATE TASK COMPLETED
SUBJECT SITE:
APPLICANT:
SCHEDULE HEARING DATE:
DNR NOTICE IF SHORELAND:
PREPARE AREA MAP:
APPLICANT NOTICE:
PRO.t'~TY OWNERS NOTICE:
NOTICE TO DOUG - ENGINEERING
NOTIFY OTHERS:
Scott countr
Watershed D strict
COMMISSION/AGENDA PA~~TS:
v Staff Memo
v Application Form
v/ Copy of Public Notice
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3-/7- 94 e tf,'oo.':J. rr. .
3- 4- 94
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Other
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Applicable Maps
Copy of Parcel Info.
y/ Other Applicable Info.
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 f:
Leqal:
FILE SHOULD CONTAIN:
-/ Staff Memo
V / Oriqinal Application
v . Copy of Notice to Owners
Planninq C....__. Minutes
Other Information
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Applicant:
Address:
V:.Applicable Maps and Documents
wvCopy of Public Notice
Correspondence
Council Minutes if Applicable
PLANNlNGCOMMISSION
MINUfFS
March 17, 1994
The March 17, 1994, Planning CVluu~sion Meeting was called to oIder by Acting Chainnan Roseth at
7:35 PM. Those present were C"u~...:ssioners Roseth, Loftus, Voohof, Kuykendall, D':""",;.or of Planning
Hast Grnser, Assistant City Planner Deb Garross, Associate Planner Gina Mitchell, and ~.."Wy Rita
Schewe.
RE\i JJ4..w~FpREVIOUS }\tlU-lll ~G
MOTIONBYLOFIUS, SECOND BYVONHOF, TO APPROVE TIlE MINUIES AS VI.K111t:.l~.
Vote taken signified ayes by Loftus, Vonhof, Kuykendall, and Roseth. MOTION CARRIED.
111!..1vlI - COl'lJlllQNAL USE - PRIOR LAKE (lIKE DEPA"llvtENT
As the applicant is the City of Prior Lake. Deb Garross, Assistant City Planner, presented the information as
per planning ..';'t'..,..~ of March 17, 1994. The pmpose of the application is to locate a public building in a
R-1 District Public buildings are a conditional use }lYu..;;.;,oo within the R-1, Urban Residential Zoning
District The subject site is located southwest of the intersection of Fish Point Road aOO CSAH 21 and the
legal de&...l~}I~on is Lot 1, Block 3, Waterfront Passage Ac:klition. The Fire ~c:u.;"uent services the
adjoining townships as well as Prior Lake. Access would be on County Road 21. The building cvuJlu~~k,e
and architect have worlced very diligently and developed a design that CVU!}lliments the site and the
adjoining .t"'v't'...;':es. Fire sirens and fIre ayf-'Wutus used solely for public pmpose shall be ex.;..u~ flvu! the
noise peIfonnance standard requirement The criteria for a conditional use has been met Staff's
rec~J'uJlu:.....dation is to a}l]J.lVve the conditional use as per Planning Commission discussion.
Paul Mikelberg ""i"'.."senting the fIrm of Boarman, Kroos, Pfister, Rudin, & Associates, presented
infv....uation on the building design, exterior mat.erials used, and landscaping. The tower design of City Hall
has L""u in..M}lorated into the design of the FIre Hall.
CVUJI!&:'uiJ llvu! the CVJUu.;ssioners were; future expansion for city buildings, traffic signal, safety issues,
drainage into wetland, roof drainage, turning radius, responder parlcing, consider future fIre station satelites
in north and west portions of Prior Lake, speed limit, exterior material selection, and length of bays.
MarrON BY VONHOF, SECOND BY LOFIUS, TO APPROVE A CONDmONAL USE
APPUCATIONBY TIlE PRIOR LAKE FIRE DEPARfMENTTO COl\l~ lKUcr A PUBUC BUILDING
WIIHIN A R-1, URBAN RESIDENTIAL ZONE, LOCA1J:~.u AT 16776 FISH POINT ROAD.
RATIONAL BEING TIlE APPUCATION HAS MEr TIlE AwKOVAL CRLl.t.KlA OF TIlE Lll i
CODE. THIS RECOMMENDATION TO BE FORWARDED TO TIlE Lll i COUNOL.
Vote taken signified ayes by Voohof, Loftus, Roseth, and Kuykendall. MarrON CARRIED.
.'i!rmtlf~~.; D~U~r.UL~C~ONO;MALLEY'~
Bruce Uhich, 78 East 10th Street, Apt171O, St Paul, stated they are requesting several variances in oIder
to construct a new home at 15209 Fairbanks Trail. Due to the substandard size of the lot, the building
PLANNING COMMISSION
March 17, 1994
Page 1
envelope is severely restricted They have waked with an architect to design a snucn.ue that would not be
0\'.;... f' ....vering for the lot
Gina Mitchell, Associate Planner, presented the infvHuation as per planning report of March 17, 1994. The
variances requested are;
1. 3 foot north sidey31d variance flu... the 10 foot sideyard setback.
2. 2 foot south sideyard variance llu... the 10 foot sideyard setback.
3. 25 foot lakeshore variance flv... the 75 foot lakeshore setback.
4. 12% building coverage variance LVlU the 22% maximum building coverage req~,-u......t
5. 2.8% h.If'''''- ..ious smface variance 1iv... the 30% maximum impervious smface reqk.;..u......;..
6. 5 foot west llvu~jard variance llVlU the 30% maximum hu}''''' nous smface reqllli'-UMU.
7. 296 sq. ft lot area variance llvu. the 7,500 sq. ft. lot area requirement
Because of the substandard lo~ wren all setbacks are applied, the resulting building envelope consists of
1,350 sq.ft The area was platted under the jurisdiction of Eagle Creek Towmhip and all the lots within the
subdivision are substandard by Ct...~';"ut Prior Lake zoning regulations. I\~nt has been set in the
neighborhood in granting variances to other hvu....,. The applicant has indicated he will replace three trees
that will be ~,-u..."ed dming COnsttuctiOIL Recv......:...dati.on from Slaff is to "J:i}'iv,/e the variances as
req~~ as hardship is caused by the application of the Ct...~';"ut zoning regulation to a substandard lot of
~.;......v~J, and not the actions of the f'~v}'''''-~f owner.
Cvu..u;....~ from the Cv......:ssioners were on; numrer of variances in the neighLv.l.ood. substandard lot,
replacement of trees. distance of roof overl1ang to building next door, and concern of fire hazard.
MOITONBY Lv!' I LTS, SECOND BY VONHOF, TO APPROVE TIIE VARIANCES REQUfu IW FOR
15209 FAIRBANKS TRAIL AS FOlLOWS:
1. 3 Foor NUKlrl SIDEYARD VARIANCE FROM TIIE 10 Foor SIDEYARD ~bltiACK
REQUIREMEN1:
2. 2 Foor SOUIH SIDEYARD VARIANCE FROM TIIE 10 Foor SIDEYARD ~bltiACK
REQUIREMEN1:
3. 25 Foor LAKESHORE VARIANCE FROM TIIE 75 Foor LAKESHORE ~bltiACK
REQUIREMEN1:
4. 12% BUllDING COVERAGE VARIANCE FROM TIIE 22% MAXIMUM BUllDING
COVERAGEREQUIREMEN1:
5. 2.8% IMttKVIOUS SURFACE VARIANCE FROM TIIE 30% MAXIMUM IMt1:.KVIOUS
SURFACE REQUIREMEN1:
6. 5 Foor WFSf FRONf YARD VARIANCE FROM TIIE 25 Foor FRONf YARD SbltiACK
REQUIREMEN1:
7. 296 SQUARE Foor Lar AREA VARIANCE FROM TIIE 7,500 SQUARE Foor Lar AREA
REQUIREMEN1:
8. 1HREE TREES BE REPLAu.u AS t'bK LII i'S TREE PLANIlNG ORDINANCE.
RATIONAL BEING 1HAT TIIE SUBSTANDARD Lar IS A Lar OF RECORD, PRECEDENT HAS
BEEN SET IN THE NEIGHBORHOOD, SUBDMSION WAS PLAllbLJ UNDER A PREVIOUS
GOVERNMENTAL BODY, HARDSHIP IS CAUSED BY TIIE APPUCATION OF THE CURRENT
ZONING REGULATIONS AND Nar TIIE ACTIONS OF TIIE APPUCANf, AND IT WOUlD Nar
BEDbl1<IMENTAL TOTIIE HEAL1HAND WELFARE OFTIIE COMMUNITY
Vote taken signified ayes by Vonhof,..",.Loftus, K~ken. dall...,'. and Roseth. MOTION CARRIED.
" ..;';..:/;",?~~~,:>0''{:+''''''l';''\''>'''''::~::'''''.';'iC'^~.,..,'..>.."h.-' ". '. .......
11l4..1~m - PUBLIC HEARING rONTINlJATION - SIGN ORDINANCE
Deb Garross, Assistant City Planner, presented the information as per memcrnndum from Steve Grittman,
Consultant for Nocthwest Associated Consultants, Inc., referencing the changes made by the Planning
CVUJu~sioners. Clarification was asked on the numrer (21 vs 30), clays allowing a sign to be displayed,
under Menu Board Signs the word " restaurant" is to be deleted and the word "business" be inserted in the
PLANNING COMMISSION
March 17, 1994
Page 2
VA04PR
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
2
CONSIDER VARIANCE REQUESTS FOR BRUCE ULRICH AND
SHANNON O'MALLEY
GINA MITCHELL, ASSOCIATE CITY PLANNER
_YESXNO
MARCH 17, 1994
PRESENTER:
PUBLIC HEARING:
DATE:
INTRODUCTION:
The Planning Department has received a variance application from Bruce Ulrich and Shannon O'Malley
of 78 East 10th Street, Apartment 1710, St. Paul. The applicants are requesting the Planning Commission
to approve the following variances for the property located at 15209 Fairbanks Trail:
1. 5' north side yard variance from the 10' side yard setback requirement
2. 2' south side yard variance from the 10' side yard setback requirement
3. 25' lake shore variance from the 75' lake shore setback requirement
4. 1.2% building coverage variance from the 22% maximum building coverage requirement
5. 2.8% impervious surface variance from the 30% maximum impervious surface
requirement
6. 5' west front yard variance from the 25' front yard setback requirement
7. 296 square foot lot area variance from the 7,500 square foot lot area requirement
PHYSIOGRAPHY:
The vacant subject site contains approximately 7,204 sq. feet of lot area and exhibits considerable relief
from Fairbanks Trail to the lakeshore. The survey indicates that there is a change in elevation from 917 to
904 in the 50 feet between the proposed home and lakeshore, which equates to a slope of 26 percent. The
lot contains several mature maple, spruce and oak trees. Specifically, there are three Maples ranging from
9-22 caliper inches, two White Spruce (4-6"), one Red Oak (21 "), one Cherry Wood (12"), and one Elm
(7"). The trees are indicated on the attached topography map (see Map #3).
Due to the substandard size of the lot, the building envelope is severely restricted. When all required
setbacks are applied, the resulting building envelope consists of 1,350 square feet. Unfortunately many of
the trees are located within the building envelope or grading area required to develop a single family
home on the lot. The applicant stated that the proposed construction will likely require the removal of
three or four of the mature trees. An attempt was made to mitigate tree loss however, it is unavoidable
considering the limited building envelope for the site. The applicant proposes to replace at least three of
the trees that are anticipated to be lost during construction. (See Map #3).
ADJACENT USES:
The neighborhood contains a mixture of housing styles and home values. The subdivision of Maple Park
Shore Acres was platted in 1922 under Eagle Creek Township. All of the lots within the subdivision are
substandard by current Prior Lake zoning regulations. The neighborhood is developed with a mixture of
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
cabins that have been remodeled/upgraded, and new homes with a wide range of architectural styles. The
lot immediately to the north of the subject lot is vacant, as is the comer lot across the street. There is a
new home located across the road from the subject site. The lot to the south of the subject is owned by
Ted Norris and was granted virtually identical variances in 1990 to construct a new single family home.
PLANNING CONSIDERATIONS:
The subject site is a small, substandard lot as are all of the lots in the plat of Maple Park Shore Acres.
The neighborhood is unique in that the original 50' wide lots have been developed with single family
homes. Few lots have been combined to create larger parcels. Much of the construction completed since
1973, (the year Eagle Creek Township was consolidated with Prior Lake), has been granted variances by
the City of Prior Lake. The proposed variances are consistent with other similar applications within the
neighborhood. (See Appendix A for specific variances granted within this subdivision).
The 22% building coverage equates to 2,200 square feet for a standard 10,000 square foot lot. The 30%
impervious surface coverage for a standard lot equates to 3,000 square feet. The applicants propose 1,700
square feet of building coverage and 2,365 square feet of impervious surface coverage which is well
within the coverage established by the Zoning Ordinance. However, due to the substandard area of the lot,
(7,204 square feet), the applicant requires a 1.2% building coverage and 2.8% impervious surface
coverage variance.
The applicant has requested a 25' lake shore variance in order to maintain a 50' of setback from the
structure to the lake. The proposed 50' setback is consistent with the established building pattern within
this subdivision. The applicant has requested a 5' front yard variance. There are no plans for the
widening of Fairbanks Trail, and there is 14' of excess right-of-way adjacent to the subject site. The
requested 5' front yard variance will not be noticeable to the passer by, due to the excess right-of-way.
Other similar setback variances have been granted within this subdivision. The proposal will provide
adequate room for off street parking. The applicant has also filed a 296 square foot minimum lot area
variance and a 5' north and 2' south side yard variance. The Planning Commission generally approves
one, five foot side yard variance for 50' wide, substandard lots in order to allow some degree of design
flexibility for the property owner. The applicant desires to maintain more than five feet on either side of
the proposed structure and has therefore requested smaller variances for each side yard, rather than
request that all five feet be taken from the north or south side property line.
RECOMMENDATION:
The recommendation from staff is to approve the variance application as submitted. The application is
virtually identical to the Ted Norris variance granted on November 1, 1990, for the adjacent lot to the
south of the subject site. The variances requested are comparable to many other similar applications
within the neighborhood.
Variance Hardship Standards:
1. Literal enforcement of the Ordinance would result in undue hardship with respect to the
property.
The applicant requests the variances outlined on page 1 to build a home on the property which is
a lot of record, considered buildable by the Prior Lake Zoning Code. The applicant has owned
and paid assessments on the property for public improvements (sewer and water stubs are
available to the site). Literal enforcement of the Zoning Ordinance would render the lot
unbuildable which would result in undue hardship with respect to the property. Other similar size
lots within the subdivision have been granted similar variances to construct single family homes.
2. Such unnecessary hardship results because of circumstances unique to the property.
The lot was platted in 1922 under another government jurisdiction. The previous platting
standards of Eagle Creek Township are significantly different that current Zoning and
Subdivision regulations for the City of Prior Lake.
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.
The application of current Prior Lake Zoning standards to this property, platted in 1922, would
render the lot unbuildable. The hardship is caused by the application of current Zoning
regulations to a substandard lot of record and is not the result of actions of the property owner.
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 it is
comparable to other development that has been approved and granted similar variances by the
City of Prior Lake, as proposed by the applicant. The variance application would not be contrary
to the public interest.
We hf1..ve i", ed io des; ~n 0.. h~().,s€ wh'~vh will
Complement; 'the neJ3h b(){' h"tJd t' tt r. 5ttns"n nas
m'nlmr2.ed the );""po..c"'t t>-f' th.e ~~€ by keeflny
It reJtA.ti f) e '~ J ~IA) a.t'l.d I'l-c...rro u) ~t'\d 't u..c-k:; J t; he reAr
.. und.er -the I.A.ffer -F1()or J c:And ods" hlJ des ;(jhi"J
Cl. lo..nJse:~fecJ wa../I<wa..:; IN h.'Ch wi If drAW Ones eyes
~W~ -F'n>m t:he ~o..ra.,je -to '"th-e .[:..ron't: en-h():l.,f\ce,
Th if ~~fT /'c/.t.s e l...<..-t; t II.-es ~ J 0 (,A)er h ,- f -r'"etf'
to J.,.e1p Mll?i;ra/-z..e -the m0.5S 0";: -the h~t.t...Se on ;-ts
$" I'Yk7o- I / e,.. I" 1: .
TAe reA.('- of the j,Pl.A..s-e - wl-,,'Ie hd'-v~J ~-i-rlt>~q
eiGfPsecl is de~ijhecl w7th -the lApf'e,.;n~s"t Floor
stefped bo..Lk i:c /esseY\ -t I,~ \lts~l J"wtF-t H-CrYl
below CLn.d +roYl1 ~ross 'tJ,.e I~ke l
tln-For--t.lA..Y\a..t:-ey J -tJ,..rc. n~cesi rn <L~ce trees on
. tlti, / D-t eA.('e e I the.... k c. lose t:.o / or ('I; h t On -t~
bLA-tldl1 Srt'"t'.. ConstrlA.c:.ii'an Ill/II refD~I'f..e I'emevo..-l of
YJ}.,ree. 0 r' Fov-r tJ\d..:t'^"e, h,,"rdw~ -t ree5 . tJe plA.I1 t;;()
$(;t.ve -T h-<. cherry tree On. -the hi Ils~de 11ea.r t-J,e
b~ ~~d the spflA-ce Yleo.r,#,~(so -the 5/~
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5ov..-t-n of the drtlle ~i' o..;t.~ on.e 0,.. fOss, My
1,,,1;1-1 h1a.fles "if t'l-.e We;...II:::W"-j f
We pitA" 'to ref I().G€ o.:t I~-t. 3 ~ -CAe
t:::ree.s t;t1w~h Ou.""t I
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ftrv..ct ur-e,. 1(P(P~ s~ft
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'VA04PN'
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 17, 1994 at 8:00 p.m.
A.t .t .LJI CANT:
Bruce Ulrich/Shannon O'Malley
78 E. 10th Street, Apartment 1710
St. Paul, MN 55101.
SUBJECT SITE:
15209 Fairbanks Trail, Prior Lake.
Lot 1, Maple Park Shore Acres.
REQUEST:
The applicant proposes to construct a new single family home as
per attached survey reduction. The following variances are
requested in order to build the home as proposed: 3' north side
yard and 2' south side yard variance from the 10' side yard setback
requirement; 5' west front yard variance from the 25' front yard
setback requirement; 25' lake shore variance from the 75' lakeshore
setback requirement (measured to the 904 contour); 1.2% building
coverage variance from the 22% maximum building coverage
requirement; 2.8% impervious surface variance from the 30%
maximum impervious surface requirement and; 296 square foot lot
area variance from the 7,500 square foot minimum lot area
requirement.
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: March 9, 1994
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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MAP #1
ULRICH/O'MALLEY SUBJECT SITE
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SURVEY PREPARED FOR:
BRUCE ULRICH
78 EAST 10TH ST.
NO. 17/0
ST PAUL, MN. 55/01
Valley Surveying Co., P.A.
SUITE 120-C. 16670 FRANKLIN TRAIL
FRANKLIN TRAIL OFFICE CONDOMINIUM
PRIOR LAKE. MINNESOTA 55372
TELEPHONE (612) 447-2570
MAP#2
REQUESTED VARIANCES: 1) )' North. Side Yard Variance
2) 2' South Side Yard Variance
3) 25' Lakeahore Variance
4) 1.2% Building Coverage Variance
5) 2.8%.ImperviouB Surface Variance
6) 5' WeB~Front Yard Variance
7) 296 Sq. Ft. Lot Area Variance
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DESCRIPTION I
Lot 1. KAPLE PARK SHORE ACRES, Scott County, llinneaota. Also IIhovinc all vislble
improve_nta and Bnoroaa ,,,,,' on to or oft from sald property if an,r.
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FILE No. 7847
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A.I' t.l!.NDIX A
VARIANCES ON FAIRBANKS TRAIL:
(ALSO REFER TO MAP #1)
15219 Fairbanks Trail
1. 5' north side yard
2. 5' west front yard
3. 25' lakeshore
15229 Fairbanks Trail
1. 6% lot coverage
2. 5' north side yard
3. 3.5' south side yard
4. 12' west front yard
J 5249 Fairb.anks Trail
1. 22' lakeshore
2. 6% lot coverage
15259 Fairbank,.. Trail
1. 5' north side yard (VA 80-27)
2. 4' south front yard (VA 80-27)
3. 5' north side yard (VA 83-17)
4. 16' south front yard (VA 83-17)
15283 Fairbanks Trail
1. 5.7' west side yard
15279 Fairbanks Trail
1. 3' west side yard (VA 85-03)
2. 4.2' side yard (VA 87-12)
15275 Fairbanks Trail
1. 2' east side yard
15271 Fairbanks Trail
1. 5' east side yard (VA 84-12)
2. 5' east side yard (VA 91-04)
3. 5' west side yard (VA 93-18)
HERITAGE
1891
COMMUNITY
1991
1QJ'Sf!}..A/'
2Qjl
PLANNING COMMISSION
MINUTES
NOVEMBER 1, 1990
The November 1, 1990 Planning Commission Meeting was called to
order by Chairman Arnold at 7:30 P.M. Those present were
Commissioners Loftus, Arnold, Kedrowski, Roseth, Assistant City
Planner Deb Garross, Associate Planner steve Hess, and Secretary
Rita Schewe. Commissioner Wells was absent.
ITE~ ~ - REVIEW MINUTES OF PREVIOUS MEETIN~
MOTION BY LOFTUS, SECOND BY ROSETH TO APPROVE THE MINUTES AS
WRITTEN.
Vote taken signified ayes by Kedrowski, Loftus, Arnold, and
Roseth. MOTION CARRIED.
A short recess was called.
The meeting reconvened at 7:35 p.m.
ITEM II - TED L. NORRIS, SIDE YARD, FRONT YARD AND LAKESHORE
VARIANCE
Ted L. Norris, 15219 Fairbanks Trail, stated he is requesting a
five foot north side yard variance, a five foot west front yard
variance and a 25 foot 1akeshore variance under the hardship
clause of the Zoning Ordinance. Norris presented details of his
plans for the lot and stated that he will build a house in
conformance with the neighborhood.
Associate Planner, Steve Hess, presented the information
regarding several aspects of the proposal including removal of
seven mature trees, and location of the garage and paved
driveway. Staff feels that the hardship is caused by the size
of the lot and that enforcement of the ordinance w~uld cause Mr.
Norris undue hardship. Staff feels that there is justification
for the granting of a variance and the application would not be
detrimental to the health and welfare of the community.
Roy Alri~h, a resident of Apple Valley, but his family owns the
property abutting the north side of the Norris property, had a
question as to the elevation of the proposed home.
*
4629 Dakota' St. S.E., PrIor Lake, MInnesota 55372 I Ph. (612)447-4230 I Fax (612) 447-4245
Planning Commi..ion Meeting Minute.
November 1, 1990
Discussion occurr.d r.",ardin", r.Plac.m.nt ot the tr..... cov.ra",.
ratio and the .Ubstandard size ot the lot which is 9randfathered
and a lot ot r.cord. Consensus from the Commissioners w.r. in
a",reement with the application and a hardShip is .vidant due to
the lot size.
MOTION BY LOFTUS, SECOND BY ROSETH TO APPROVE GRANTING OF A FIVE
FOOT NORTH SIDE YARD VARIANCE. THE FIVE FOOT WEST FRONT YARD
VARIANCE AND THE 25 FOOT LAKESHORE VARIANCE. WHICH WOULD ALLOW UP
TO A 40t COVERAGE RATIO FOR THE PROPOSED HOME AND PAVED DRIVEWAY.
(RATIONAL TO THIS IS THAT THE LOT IS A SUBSTANDARD, GRANDFATHERED
LOT AND NEED FOR VARIANCE IS BROUGHT ABOUT BY THE LOT AND ITS
SUBSTANDARD NATURE AS OPPOSED TO ANYTHING THE APPLICANT HAS
OONE). ALsO IT IS RECOMMENDED THAT THE APPLICANT BE REQUIRED TO
PLANT AT LEAST THREE TREES TO REPLACE THE SEVEN TREES WHICH WILL
BE REMOVED.
Vote taken si",nified ayes by Lottus. Roseth,
Kedrowski. MOTION CARRIED.
Chairman Arnold called the public hearin", to order at 7'45 p.m.
Arnold and
ITEM III - ORDINANCE AMEN~MENT FOR CONDITIONAL USE ANNUAL
STATEMENTS,
Steve Hess stated that the purpose of this item is to consider an
amendm.nt to Prior Lake Zonin", Ordinance 83-6. Section 7.5,
Conditional Uses and Section 5-6-5 ot the Prior Lake City Code.
Statt is recommendin", that a paraqraph be added as an amendment
to decrease the amount Of time and expense involved in monitorin",
conditional US. permits. Mr. Hes. eXplained that with this
amendment. the burden of compliance will be switched from the
City to the permit holder.
The Commissioners Were in a",reement with the amendment and its
purpose.
MOTION BY KEDROWSKI. SECOND BY ROSETH. TO APPROVE THE AMENDMENT
TO PRIOR LAKE ZONING ORDINANCE 83-06. SECTION 7.5 _ CONDITIONAL
USES AND SECTION '-6-5 OF THE PRIOR LAKE CITY CODE AND PASS ON TO
THE PRIOR LAKE CITY COUNCIL WITH RECOMMENDATION TO APPROVE.
Vote taken siqnified ayes by Loftus, Roseth,
KedrOWski. MOTION CARRIED.
MOTION BY ROSETH. SECOND BY LOFTUS TO CLOSE THE PUBLIC HEARING.
Vote taken si",nified ayes by Lottus, Roseth. Arnold and
KedrOWski. MOTION CARRIED.
ITPM IV - DAVE AURINGER VARIANCE
I ..... ............. I
Dav. Aurin",.r stated that his reason tor requestin", C 36 tt.
tront yard varianc. trom the centerline ot C.R. 12 and a 31.5 tt.
Arnold and
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HERITAGE
1891
COMMUNITY
1991
19 ft'fj(),Y'
2tz9'
"VA27PR"
PLANNING REPORT
APPLICANT:
ITEM:
PRESENTER:
PUBLIC HEARING:
DATE:
TED L. NORRIS
SIDE YARD, FRONT YARD AND LAKESHORE VARIANCES
STEVE HESS, ASSOCIATE CITY PLANNER
YES X NO
NOVEMBER 1, 1990
SITE ANALYSIS
HISTORY/BACKGROUND:
The Planning Department has received a variance application from
Ted L. Norris of 15219 Fairbanks Trail. The applicant is
requesting the Planning Commission to approve a 5 foot north side
yard variance, a 5 foot west front rard variance and a 25 foot
lakeshore variance. The applicant s planning on demolishing the
existing cabin on the subject site and replacing it with a new
single family home.
PREVIOUS PROPOSALS:
The existing cabin waa built in 1972 under the jurisdiction of
Eagle Creek Township. Maple Park Shore Acres w~s annexed into
the City of Prior Lake in 1973.
PHYSIOGRAPHY:
The sUbject site contains approximately 7,050 sq. feet and
exhibits considerable relief between the cabin and the lakeshore.
Topography maps indicate that there is a change in elevation
from 922 to 910 in the 50 feet immediately behind the existing
cabin. This e9Uates to a slope of 24 percent for this lot. The
existin~ cabin ~s a one story with an above grade, walk out deck.
There ~s a retaining wall at the 904 elevation. The existing
cabin is located on the most level area of the lot.
ADJACENT USES:
The neighborhood is a mixture of housing styles and home values.
There are several cabins that have been remodeled, including the
cabin immediately to the south. There are several newer homes in
the neighborhood, with a wide range of styles. The two lots
immediately to the north of the subject lot are vacant, as is the
corner lot across the street. There is a newer home located
directly across the road from the subject site. The majority of
the homes were built on SO foot lots.
4629 Dakota St. S.E.. PrIor Lake, Minnesota 55372 I Ph. (612) 447.4230 I Fax (612) 447.4245
','f>,;":,::}..~~;, '
-
EXISTING CONDITIONS:
The existing cabin is one story with a walk out deck. It does
not contain a garage, but has a large parking area. Most of the
parking area would be incorporated into the propo.ed garage. It
Is a well maintained cabin, with many trees that add to the
beauty of the site.
DEVELOPMENT SUMMARY:
The sUbject site is zoned R-l/Shoreland District. The required
setbacks are 75 feet from the 904 contour, 25 feet from the
west property line and 10 feet from each side yard property
line.
RECOMMENDATION:
The recommendation from staff is to approve the 5 foot north side
yard variance, the 5 foot west front yard variance and the 25
loot ,lakeshore variance. staff believes that the hardship is
caused by the size of the lot and that strict enforcement of the
ordinance would cause undue hardship. While the coverage ratio
is substantially above the established ratio the Commission has
granted this size before and the applicant will be improving the
building located on the site. The Commissioners may want to
require the replacement of some of the trees, but the only
location would be on the lake side. That many trees would
substantially reduce the applicants' view of the lake. staff
believes that there is justification for the requested variances
and that they will not adversely affect the health and welfare of
the community.
III. * ,...
: ~ : 2.1:.?, n~~~~~lS
- - - - - - . . . . . , , , ,,111* '" * ic 287 S, Marschall Road
Shakopee, Minnesota 55379-1674
(612) 445-3196
(612) 445-9522 FAX
Home Office: Minneapolis, Minnesota 55401,2499
\ \ V (f-rJLj IJ1t 1<
MARCH 1, 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, CO HANNENS MAPLE PARK SHORE ACRE,
SCOTT COUNTY, MINNESOTA.
IRMA E. ULRICH
12444 PILOT KNOB ROAD
APPLE VALLEY, MN 55124
TED L. NORRIS
15219 FAIRBANKS TRAIL NE
PRIOR LAKE, MN 55372
KENNETH & JANE K. WEIRICK
15229 FAIRBANKS TR. NE
PRIOR LAKE, MN 55372
HOWARD J. & VERLYN J. HALL
807 4TH AVE NE
SIOUX CENTER, IA 51250
FIRST TRUST CO.
IRMA E. ULRICH
12444 PILOT KNOB ROAD
APPLE VALLEY, MN 55124
SCOTT W. & LISA R. LAIR
15218 FAIRBANKS TRAIL
PRIOR LAKE, MN 55372
CITY OF PRIOR LAKE
4629 DAKOTA ST SE
PRIOR LAKE, MN 55372
S )1CLnnDn J. 0 ( mal Lb.t
{ 3 C. I O-tt1 st (
rtp+- 1110
ST. paul) YlAAJ 55 I 0 !
~UTHORIZED SIGNATURE
Old /l~
DICK MATHSON
.
.* L~ ~ I &-h; V191M..lA~
p1k
END
I, the undersigned, an employee of Mid-America
Business Systems hereby certify that the microfilm
images ending with ~~tAPr~ r./l-9'~Y'
are complete and accurate, reproduct ions ~f t~
original records of 61./ Il ;j?~r;:1~
I U . --
as accumulated during the regular course of
business, and that it is the established policy
and practice of Mid-America Business Systems
to microfilm records for permanent file.
It is further certified that the photographic
process used for microfilming the above records
were accomplished in a manner and on microfilm
which meets the recommended requirements of the
National Bureau of Standards of permanent micro-
graphic reproduction.
~LU Ib~
Name ,.
~-:;&~~?
Date
~
SURVEY PREPARED FOR:
BRUCE ULRICH
78 EAST 10TH ST.
NO. 17/0
ST PAUL, MN. 55101
Valley Surveying Co., F!A.
SUITE 120-C, 16610 FRANKLIN TRAIL
FRANKLIN TRAIL OFFICE CONDOMINIUM
PRIOR LAKE, MINNESOTA 55372
TELEPHONE C 61 Z) 441- 2570
REQUESTED VARIANCES: 1) 3' North, Side Yard Variance
2) 2' South Side Yard Variance
3) 25' Lakeshore Variance
4) 1.2% Building Coverage Variance
5) 2.8%.Impervious Surface Variance
6) 5' Wes~ Front Yard Variance
7) 296 Sq. Ft. Lot Area Variance
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DESCRIPTION & '. ,
Lot 1, MAPLE PARK SHORE ACRES, Soott County, Minnesota. Uso .bowing all visIble
improvements and enoroachments on to or off from said Proper't1 if' 8111- .
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1( DENOTES EJf'STtNtl MADE ELEVATION!
--
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LlcenN No. '0183
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FILE No. 7114'
lOOK ZOO ""GE 31
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- SURVEY PREPARED fOR:
TED NORRIS
15219 FAIRBANKS TRAIL
PRIOR LAKE. MN. 55372
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SUITE 120- C, 16610 FRAM<LlN. TRAIL
FRANKLIN TRAIL OFFICE CONDOMINIUM
PRIOR LAKE, MINNESOTA ~~37Z
TELEPHONE 1612J ....7-2570
4..7 -3241
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-
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FILE NO' 6262 IJI( 170
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