HomeMy WebLinkAboutVA94-10 Berko Variance
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PID# ),5- /.33 -0 J U - J
CITY OF PRIOR LAKE
APPLICATION FOR VAR:IAlCE
Aj;plicant: gUa.-..d d.~ . IIane Plxme. #0 -4-07(,
Address:~ Cf..t:r..::3 -reA.R.ojo~/ ~ .:;;:;LtJ Work Phone: i/-I.I-~- /'7c:2d2-
Property Owner: . <::::""""~ _ _ _ Home Phone: _ ~
Address: -...L ~ Y' Work Phone: ........... ~c:::...--
Type of Ownership: Fee 1ft. a6j:ltr'l-<;t I/)' Purchase Agreanent
Consultant/Contractor:~~/l..S'Of\ / ke.J l4.Ad' ( ~~~.~' ne:
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Existing Use /) f / Il /) I /. _/ I /J
of Property: te.e S I dJ, /)'i:, ~ Present Zoning: Ke.:s'1 tI ~ ~
Legal Description h:;;,./J' j // {~' 11
of Variance Site:JR~ A ( ~ ~ ~~ 9. /CJ II. 1c:2..- ~~L, cJ..O. .
Variance Requested: - / I / l'h~)
Has the applicant prevo iOUS. ly.sought to plat, rezooe,,9btain ~..r~~itional
use pemit on the subject site. or. any part of it? X Yes
What was ~eguested: SP~ .JJf! ~-;JCU ~/),
When: lq~ Disposition:~
Descr~~ of inprovements prOl'9sed. JrI ~~ d;; ~J.~~
.SUBMISSION ~J.REMENl'S:
(A)Completed application fom. (B)Filing fee. (C)Property SUrvey indicating the
proposed developnent in relation to property lines and/or ordinary-high-water mark;
proposed building elevations and drainage plan. (D) Certified from abstract fim,
names and addresses of property owners within 100 feet of the exterior boundaries of
the subject property. (E)Complete legal description & Property ~entification Number
(PID). (F)Deed restrictions or private covenants, if applicable. ;P(G)A parcel map
at 1"-20'-50' showing: The site developnent plan, buildings: parking, loading,
access, surface drainage, landscaping and lltility service.
-
ONLY COMPLETE APPLICATIONS SHALL BE ACCu-'.L"w AND RE.VIE.WED BY THE PLANNIro <n1MISSION.
To the best of l1!{ knowledge the information presented on this fom is correct. In
addition, I have read Section 7.6 of the Prior Lake Zoning Ordinance which specifies
requiranents for variance procedures. I agree to provide information and follow the
procedures as outlined in the Ordinance.
SUbmitted this o10day of ~19~
,
Applicants Signature
12J.~ frz, ~
Fee Owners Signature
THIS SPACE IS 'IO BE FILLED OUT BY THE PLANNIro DI~-.LvR
PLANNING <DMMISSION :/ APPROVED DENIED -15"- R'-c;<f mTE OF HFARIro
W:.L'f COmcIL APPEAL APPRO\7ID DENIED - mTE OF HFARIro
OJID$T~~ ~61 /~.c 61 lJ. SaLe (fPfA/J
)~ ;)-.'!O-fl,y
si~re of the Planninj Director Date
VARIANCE CHECK LIST
"VARFM"
SUBJECT SITE:
APPLICANT:
~CfCC>3 I~L(JIJl1!ljL
KIth CUI') 6uzJcIJ
SCHEDULE HEARING DATE:
DNR NOTICE IF SHORELAND:
PREPARE AREA MAP:
APPLICANT NOTICE:
PROPERTY OWNERS NOTICE:
NOTICE TO DOUG - ENGINEERING
NOTIFY OTHERS: J.!/ /t
Scott Countr
Watershed D1strict
CHECK
DATE TASK COMPLETEP
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Other
COMMISSION AGENDA PA~~TS:
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 f:
Legal:
FILE SHOULD CONTAIN:
VA
Staff Memo
Original Application
Copy of Notice to Owners
Planning Comm. Minutes
Other Information
Applicable Maps
Copy of Parcel Info.
Other Applicable Info.
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Applicant:
Address:
Applicable Maps and Documents
Copy of Public Notice
Correspondence
- Council Minutes if Applicable
REQUIREMFNT KJK 3576 BASSWOOD CIRCLE SW, LOT 4, BLOCK 3, WlLLOWS 3RD
ADUlllON, WITH THE CONTINGENCY ANY TREES LOST BE REPLAu::v. RATIONAIE BEING
THE STYLE OF HOME WILL ACCOMMODAlE THE PHYSICAL ~bblJS OF THE FAMILY; THE
FRONf ~J::HtlACK VARIANCE Wll.L PlIT THE PROPOSED CONSTRUCTION IN AllGNMFNT
WITH THE EXISTING HOMES, THE PROPOSAL IS REASONABlE illlUbK THE
CIRCUMSTANCES, IT OB~.bKVES THE CHARAClbK OF THE AREA AND WOULD NOT BE
Dbll<JMFNTAL 10 THE HEALlH ANDWFLFARE OF THECOMMUNIfY
Vote taken signified ayes Roseth, Voohof, Arnold, Kuykendall, and Loftus. MOTION CARRIED.
llJi.lvlIV. VARIANCE. RICHARDBERKO
Richard Berko, 2953 Terrace Circle SE, stated he is requesting two variances to construct a deck. After
seeing the recvlUU.:;udation llVlU Staff, he would agree to a 25 foot variance lakeshore instead of 27 feet as
originally requested.
Deb Gauv~, Assistant City Planner, presented the infonnation as per planning J.\:..l'vJ.l of May 19, 1994.
The subject site is a substandard lot of record and was subdivided via an administrative land division by the
City of Prior Lake in 1985. There is a 60 foot public right-of-way where a storm sewer is located northerly
of the site. A variance was granted at the time of construction but expired. Staffs reevlUUA4J.ds that a 5
foot north sideyard and a 25 foot lakeshore variance be granted. The variance requested would be consistent
with variances granted to the structure on the adjacent parcel and with previous actions of the Planning
CvullJ.~sion related to lakeshore setback variances.
Cvullu;....b fWlU the CvullJ.~sioners were on; street right-of-way, alternative design for deck, and all were
in consensus of the 5 foot sideyard and the 25 foot lakeshore variance.
MOTIONBYLut'nJS, SECOND BY VONHOF, TO APPROVE A FIVE (5) FoorNuKl.tlSIDEYARD
VARIANCE FROM THE TEN (10) Foor SIDEYARD ~bl.tSACK REQUIREMFNT AND A
TWFNTY-FIVE (25) Foor LAKESHORE VARIANCE FROM THE SEVENTY-FIVE (75) Foor
LAKESHORE :SbltlACK REQUIREMFNT FOR TRACf A (pARr OF Lars 9, 10, 11, AND 12,
BLOCK 25, SPRING LAKE TOWl'll~nb). RATIONAIE BEING IT DOES Mbbl THE HARDSHIP
CRilhKIA AS OUTI.1NED IN THE STAFF REPORf, IS CONSISTENT WITH THE ADJACENT
PARm, AND WOULD NOT BE DblKlMENTAL TO THE HEALlH AND WFLFARE OF THE
COMMUNffY
Vote taken signified ayes by Loftus, Vonhof, Roseth, Kuykendall, and Arnold. MOTION CARRIED.
A recess was called at 9:08 PM. and the meeting reconvened at 9: 10 PM.
IJ.Ji.lvlV.VARIANCE-LJ.J. i OF PRIOR LAKFIBECKERA.lY!.L .JA PRUUULJ.""
Bonnie Carlson, Assistant City Manager, J.\:..l'J.\:..senting the City and the applicant Becker Arena Products,
presented the infonnation as per planning J.\:..l'vJ.L The request is to consider a 10 foot east sideyard variance
ilvlU the 20 foot side yard setback requirement of the 1-1, Business Park Zoning District. The development
could not occur on the original site intended due to the wet conditions within the plat, therefore an alternate
site was chosen. There are more stringent setback requirements within Block 1 which requires a variance
for the l'J.Vl'v~ construction. The City and develv~J. have spent considerable time and effort in an
attempt to 3CCvuo/lish the objective of the Business Palk. It is in the City's best interest to facilitate this
project.
C~ts fWlU the CvullJ.~sioners were; turning radius, setback requirements, dollars invested,
redesigning building, and type of building material used.
PLANNING COMMISSION
May 19, 1994
Page 3
.VAIOpc.
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
PRESENTER:
PUBLIC HEARING
DATE:
4
CONSIDER VARIANCE APPLICATION FOR RICHARD
BERKO
DEB GARROSS, ASSISTANT CITY PLANNER
_YES LNO
MAY 19, 1994
INTRODUCTION:
The Planning Department has received a variance application from Richard Berko for the
property located at 2953 Terrace Circle S.W. The property is legally described as Tract A, (Part
of Lots 9, 10, 11, & 12, Block 25, Spring Lake Townsite. The applicant proposes to construct a
deck as indicated on the attached survey. The following variances are requested in order to
construct the deck as proposed:
L 5' North side yard variance from the 10' side yard setback requirement.
2. 27' Lakeshore variance from the 75' lakeshore setback requirement (measured
from the 904 contour).
See attached application for details related to the variance request.
DISCUSSION:
The subject site was subdivided via an administrative land division, approved by the City of
Prior Lake in 1985. The lot consists of approximately 11,400 square feet, above the 904 contour
at Prior Lake and is a substandard, Lot of Record. In 1985, the subject site was issued a 23.S'
lakeshore and 12.4' front yard variance to construct the home. The variance included a deck,
which was not built. Approximately one month before the variance was granted, the City
amended the Zoning Ordinance specifying that a variance is valid for one year after its approval.
Prior to the Zoning Ordinance amendment, a variance would run with the property. The
applicant desires to construct the deck at this time and has therefore requested the side and
lakeshore variances as indicated on the survey.
ALTERNATIVES:
1. Approve the variance application as requested.
2. Approve a modified variance that does not exceed the published notice.
3. Table or continue the item for specific purposes.
4. Deny the variance application finding lack of hardship as defined in the Zoning
Ordinance.
RECOMMENDATION:
Alternative #2. Staff recommends that a 5' north side and 25' lake shore variance be granted.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
The property to the north which has a similar lot size and shape was granted a 25' lakeshore and
16' front yard variance in 1986. The variance outlined by staff would be consistent with the
adjacent parcel and with previous actions of the Planning Commission related to lakeshore
setback variances.
Variance Hardship Standards:
1. Literal enforcement of the Ordinance would result in undue hardship with respect
to the property.
The lot was approved as part of an administrative land division in 1985, by the City of
Prior Lake. A 23.5' lakeshore variance was granted in 1985 which contemplated a deck
addition. Denial of the variance would result in undue hardship because no deck could be
built. A deck on the lake side of homes adjacent to the lake is commonly associated with
lakeshore living.
2. Such unnecessary hardship results because of circumstances unique to the property.
The proposal is for a 12' deck which, due to the skewed home position in relation to the
lot, and location of the 904 contour, will encroach upon the lake more at the northwest
comer of the deck than the rest of the proposed addition. A 12' deck is a reasonable
request for a home located on the lake shore of Prior Lake. The 5' side yard setback
variance is consistent with previous Planning Commission action for permitting up to
one, 5' side yard variance for lots of substandard width.
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 property was subdivided by the City of Prior Lake in 1985. In 1987, the Shoreland
Management Ordinance was adopted which made the subject Lot of Record, legally
non-conforming in lot area and width. The hardship is not the result 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 recommended variances are consistent with other variance applications granted for
the adjacent lot to the northwest. The proposed 5' side yard variance is on the area of the
lot adjacent to public right-of-way therefore, there will not be an appearance that a
variance was granted. The 25' lakeshore and 5' side yard variances recommended
observe the spirit and intent of the Ordinance and would not be contrary to the public
interest.
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R:r CHARD M _ BERt<O
2953 TERRACE CIR. S.W.
PRIOR LAKE MN.
ZIP 55372
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DESCRIPTION
Tract A (Part of Lots g. 10, 11. & 12, Block 25,
SPRING LAKE VILLAGE)
Scott County, Minnesota
Bearings assumed
o Denotes iron monument
I hereby certify that this survey. plan, or report
was prepared by me or under my direct supervision
and that I am a duly Registered Land Surveyor under
the Laws of the State of Minnesota.
.~~
Date 2 ~ I<1B~ . Reg. No. 8140
b,aftdt c..,lftecllft9 a /u,ucyln,
1705 wood/ hall
bu'ft/vllle, mlftfte/ota 55557
(611) 455-1966
TS" - \'38 - 85"
R 1: C.....ARD M _ BERKO
2953 TERRACE CIR. S.W.
PR I OR LAI<E MN.
ZIP 55372
Rationalizationslhardships)to consider regarding this
variance;
1. Substandard lot size.
4
2. House built for side and lake decks (sliding doors are in
place.)
3. The house when originally built had a variance for a back
and side deck but was never built upon. and the variance
ran out.
4. The side deck variance will be adjacent to property owned
by the city. (storm sewer, 60 feet property width,which
according to city will never be developed.)
5. Adjoining houses have been previously varianced. The house
to the left has a 50 foot variance from end of deck to
high water mark.
6. Several years ago, my neighbor. who also adjoined the city
property, and I. graded. cut down the weeds and planted
grass.I have maintained upkeep of the property ever
since.
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R I CHARD M _ BEFH<:O
2953 TERRACE CIR. S.W.
PRIOR LAKE MN.
ZIP 55372
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2953 TERRACE CIR. S.W.
PRIOR LAKE MN.
ZIP 55372
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"VA10PN"
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: Thursday, May 19, 1994
at 8:50 p.m.
APPLICANT:
Richard M. Berko
SUBJECT SITE:
2953 Terrace Circle, Prior Lake
Tract A (Part of Lots 9, 10, 11, 12, Block 25, Spring Lake
Townsite.
REQUEST:
The applicant proposes to construct a deck as proposed on the
attached survey reduction. In order to build the deck as proposed,
the applicant requests the Planning Commission to grant the
following variances:
1. 5' North side yard variance from the 10' side yard setback
requirement.
2. 27' Lakeshore variance from the 75' lakeshore setback
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: May 11, 1994
4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
"VA10PN"
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: Thursday, May 19, 1994
at 8:50 p.m.
APPLICANT:
Richard M. Berko
SUBJECT SITE:
2953 Terrace Circle, Prior Lake
Tract A (Part of Lots 9, 10, 11, 12, Block 25, Spring Lake
Townsite.
REQUEST:
The applicant proposes to construct a deck as proposed on the
attached survey reduction. In order to build the deck as proposed,
the applicant requests the Planning Commission to grant the
following variances:
1. 5' North side yard variance from the 10' side yard setback
requirement.
2. 27' Lakeshore variance from the 75' lake shore setback
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: May 9, 1994
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
-o,,!:) 5///11
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"'INNESO't~
"VA10PN"
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: Thursday, May 19, 1994
at 8:50 p.m.
AI' I' LICANT:
Richard M. Berko
SUBJECT SITE:
2953 Terrace Circle, Prior Lake
Tract A (Part of Lots 9, 10, 11, 12, Block 25, Spring Lake
Townsite.
REQUEST:
The applicant proposes to construct a deck as proposed on the
attached survey reduction. In order to build the deck as proposed,
the applicant requests the Planning Commission to grant the
following variances:
1. 5' North side yard variance from the 10' side yard setback
requirement.
2. 27' Lakeshore variance from the 75' lakeshore setback
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: May 9, 1994
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
~~~
VI
UNIVERSAL TITLE
327 Marschall Road, Suite 250
Shakopee, MN 55379
(612) 445-7949
"Vii- 10 mL-l\
April 27, 1994
i
Rich Berko
2953 Terrace Circle S.W.
Prior Lake, MN 55372
RE: A77-02831P
100 FOOT RADIUS SEARCH FOR THE LANDS DESCRIBED AS
FOLLOWS:
That part of Lots 9, 10, 11 and 12, Block 25, SPRING LAKE
VILLAGE, Scott County, Minnesota described as follows:
Beginning at a point on the northwesterly line of
said Lot 9, distant 20.00 feet northeasterly of the
most westerly corner of said Lot 9; thence
southeasterly parallel with the southwesterly line
of said Lot 9, a distance of 75.00 feet; thence
northeasterly parallel with the northwesterly line
of said Lots 9, 10, 11 and 12 and its northeasterly
extension to the shoreline of Prior Lake; thence
northwesterly along said shoreline to its
intersection with said northeasterly extension of
said Lots 9, 10, 11 and 12; thence southwesterly
along said line to the point of beginning.
Dear Mr. Berko:
We have examined the records in the Office of the County
Recorder, Scott County, Minnesota, and have found the
following persons to have an interest in property within a 100
radius of the aforesaid described property.
1. Quentin Sprank and wife
16850 Lime Road SW
Prior Lake, MN 55372
Parcel #25-133012-0 - Lots 1, 2 & 3, Block 25, Spring
Lake Townsite.
2. Nancy Marie Zoschke
16880 Lime Road SW
Prior Lake, MN 55372
Parcel #25-133012-1 -
3. Daniel John DeRocher
3020 Center Road
Prior Lake, MN 55372
Parcel #25-133013-1 -
Lots 4 & 5, Block 25, Spring
Lake Townsite.
Lot 6, Block 25, Spring Lake
Townsite.
4. Forrest W. and Lois E. Walters (CONTRACT PURCHASER)
2993 Center Road SW
Prior Lake, MN 55372
Kathleen Spielman (FEE OWNER)
15305 Breezy Point Road
Prior Lake, MN 55372
Parcel #25-133013-0 - Lots 7 & 8, Block 25, Spring
Lake Townsite.
5.
Richard J. and Maureen
2963 Terrace Circle SW
Prior Lake, MN 55372
Parcel #25-133014-0 -
6.
Donald J. McNamara and
2960 Terrace Circle SW
Prior Lake, MN 55372
Parcel #25-133008-1 -
Anderson
Lots 9 to 12, Block 25 & NW' erly
1/2 of Vacated Alley, Spring
Lake Townsite, EXCEPT Corn at
pt on NW line of Lot 9, 20' NE
of most W'erly Cor., SE
75', NE parallel with NW line to
shore line, NW along
shore to NW line of Lot 12, SW
to POB.
patricia A. Christenson
S'erly P/O Lots 1, 2 & 3, Block
24, Spring Lake Townsite,
Corn S'erly Corner of Lot 3, NE
20' to POB, NW 72', NE to
shore line, SE along shore to
int NE ext of SE line, SE
to POB.
7.
William W. and Janet J.
2976 Center Road
Prior Lake, MN 55372
Parcel #25-133010-1 -
O'Day
Lots 4 & 5, Block 24, Spring
Lake Townsite, lying SE of a
line com 71' SE of N' erly corner
Lot 4, SW to pt on SW line of
Lot 5 71' NW of S'erly corner
of Lot 5.
UNIVERSAL TITLE INSURANCE COMPANY
BY: '- 3zl ') \J(lQf1\JJ\
On this 27th day of APri~ 1994
ajh
UNIVERSAl mLE INSURANCE COMPANY
I:-:J LICENSED ABSTRACTOR
UPSTATE OF MINNESOTA
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b'Gndt cIIglnce.llIg a lu.ueylng
1705 woodl t'GII
bu.n/vlllc, mlnne/ota 55557
(611) 455-1966
TS - \38- 8)
R :I CHARD M _ BER"':::O
2953 TERRACE CIR. S.W.
PRIOR LAKE MN.
ZIP 55372
...::;:"
DESCRIPTION
Tract A (Part of Lots 9, 10, 11, & 12, Block 25,
SPRING LAKE VILLAGE)
Scott County, Minnesota
Bearings assumed
o Denotes iron monument
--
I hereby certi fy that thi s survey, plan, or report
. was prepared by me or under my di rect s upervi s ion
and that I am a duly Registered Land Surveyor under
the Laws of the State of Minnesota.
~ ~---d;
Date 2I~ ) 0 ~& Reg. No. 8140