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HomeMy WebLinkAboutVA94-16 Engebos Variance VA.J:i - J /p PIDi. 9'3 -12() - 007 - 0 U:.I..'f OF PRIOR LAKE APPLICATION FOR VARIAOCE Applicant: Gtr.e<:: ~b05 Hane Phone: 44~ -OQ{c.~ Address: "'143 J ..,) ~~ -s -r , Work Phone: U U ~- 2\ R3 Property Owner:~<, €V\'8f'laos 1lf68B~I~daJtiAve.$Home Phone: "'u<-(\~V-< Address: L--+ { OG~ ~ W n~lhC-t. 1-. Work Phone:.JIt..i~-,.J~'"? Type of Ownership: . -k-- Contract, . Purchase Agreement Consultant/Contractor: !V- ~_ I -i'"r.l-. ..L.c Phone: <-140 ~l Existing Use + of Property: U .:tee.. II\. Legal Description \ I \ of Variance Site: LA t- I 0 4.~ ~ r{j\ R PCi. ( h Variance Requested: Ski, <::.~{t"' Present Zoning: 1Z.. -1. g16 D ~T aJA 1fb-b i Has the applicant previously sought to plat, rezone, obtain a variance or conditional use permit on the subject site or any part of it? Yes Y N) What was requested: ' - When: Disposition: Describe the type of iIoprO\lanents proposed: Houc;~\-\~ a-t\4c...'-'4?c\ ~"""'a~/ ~JcclISSION l<l9JuJ.REMEN1'S: CA)Canpleted application form. (B)Filing fee. (C)Property SUrvey indicating the proposed developnent in relation to property lines and/or ordinary-hig~water mark; proposed building elevations and drainage plan. (O)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 Identif,ication Number (PID). (F)Deed restrictions or private covenants, if applicable. (G)A parcel map at Ift-20 '-50 , showing: The site developnent plan, buildings: parking, loading, access, surface drainage, landscaping and utility service. ONLY COMPLEl'E APPLIC1\TIONS SHALL BE ACu.L'J."ED AND REVIEWED BY THE PLANNnx:; <n1MISSION. To the best of my knowledge the information presented on this addition, I have read Section 7.6 of the prior~ .' Zoni 0 requirements for variance procedures. I agree to ovi . procedures as outlined in the Ordinance. . ~ ~ 1(pplican ~atu Submitted this I day of Junp 199Lf i'/J , try t~ e Otmers Signature :~ \;? ~... THIS rt~Jl ~ BE FTJ:~~~~YVzrE PLANl~"u'kJ OIRECI'OR ;; PLANl.\4.LL'kJ CDMMISSION v' APPRavED vi OENIID .7- } /, - q '-I J:lZ\TE OF HFARIID ~~,j u:J."f COON:IL APPEAL ~ APPRCNED \I u~J.ED R-2-l1~ mTE OF HEARIID ~i-"J OONDITIONS: 6611 A1fAut0D 305 ~ 1futchtl0/;rSSD~ (/JJ1rLvl; 8-2-Cj1f Signature of the Planning Director Date is correct. In hich specifies d follow the 33-1 ~O ~fJD ~- 0 / L/s g B Greer ,J VARIANCE CHECK LIST II VARFM II G/er?doJ.J!/k~ 6E fll~JJ oS o SUBJECT SITE: APPLICANT: SCHEDULE HEARING DATE: DNR NOTICE IF SHORELAND: PREPARE AREA MAP: APPLICANT NOTICE: PROPERTY OWNERS NOTICE: NOTICE TO BOUG - ENGINEERING ver/un NOTIFY OTHERS:!' Scott County Watershed District COMMISSION AGENDA PACKETS: r Staff Memo Application Form ~. Copy of Public Notice CHECK v/ V-;... V v. V ./ 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 PERMIT TO PROPERTY MGMT: v ,/ vi / / FILE BY: File #: VA ~L{-10 Applicant: Legal: Lot 7 / 8W~' Address: FILE SHOULD CONTAIN: Oat1arci.~QcfL 1C1f /tddn. /' Staff Memo Original Application Copy of Notice to OWners Planning Corom. Minutes Other Information ../ ./ --- b-l ~ (P-/fp - 9.45 (Ir3 l~ -.1 I/)- 2, i'r-':1 I/J -l'6 MNOOT Other -- Applicable Maps ./ Copy of Parcel Info. / Other Applicable Info. 8-2-qt{ B-2-q~ &-1-1+ B-J.--Qi{ 8-d~qt.f &-(01 f~})d~ :1..1 - - JLf~~~ (~i~( ~tt"lV,~.~_ " Applicable Maps and Documents ./ Copy of Publ ic Not ice ---- Correspondence ~ Council Minutes if Applicable August 2, 1994 Mr. Greg Engebos 4931 Beach Street NE Prior Lake, MN 55372 Dear Mr. Engebos, The following variances from Zoning Ordinance 83-6 were approved by the Prior Lake Planning Commission on June 16 and July 21, 1994 for the property located at 14588 Glendale Avenue SE, Prior Lake. sOuth; 1. 5Jlo-Rh side yard variance from the 1 A' side yard setback requirement. 2. A 2,160 square foot minimum lot area variance from the 10,000 square foot lot area requirement. The request for a 3' north side yard variance was denied by the City Council on August 1, 1994. The 5' south side yard variance will expire on June 16, 1994, and the 2,160 sq. ft. minimum lot area variance will expire on July 21, 1995. If you have any questions, please feel free to contact me at 447-4230. ,S;;;;LfrlvfrJiJ cAdJ Gina M. Mitchell enc. cc. File 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER VA - pm# 93-120 -or)7-0 w'n OF PRIOR LAKE APPLICATION FOR VARIAOCE Applicant: G-rea 6r\4ebDS Home Phone: lft6 -0003 Address: t.fC1 ,~, 'R'eC!('x C$. Nf;. Work Phone: 445 - 2.J fi:3 Property Owner:....$aYY1PJ Home Phone: ~J.:!Y Address:...L4fi8R ~ Ne, .CJ.Ff j ~7. 131 (llJ(]Qj"vl./~;etV'J:1~rk Phone: Type of Ownership: Fee Contract ;~t wtchase Agreement Consultant/Contractor: Trf tYl 17>1')" IfV'/. Phone: *0- 01f2/ Existing Use . (1'1 (it /) (LL- of Property: V Lt.uM U ' Present Zoning: J<.1 SD Legal Description t 7 olrl/'tJ I () 11 I /'\.....",} QD/),L ~v:~~. "h"/}.,/l. of Variance Site: U) 1 0 UU'V a..f(.J:.J.MJl~..J~,M..(..f{./ f:' t:1f v. ~rD7A!~~ ~&~~ ~&1[~ ~. fifDuWfjo[3 Has the applicant previously sought to plat, rezone, obtain a variance .or conditional use permit on the Subject~site or any' part of it? Y Yes ~ What WjS requested: ,~I N S . \fO..narJ['e 1 ~" .?" t; - , ~ ~ ~ . When:.J1- (/n-qJ+ ..J Oisposition: fea .3' N blaf yd. VOi1~ 'I ~pro"UL ~ ~, tjicUt YGl.I/(}.('fCU1f.R". ,. ~~ ~~ of imprOl1ements proposed:.iJlJAL.[!!Yl5fr (j I orJ....-of 611!J J e., .~J::al'tISSION REXJlIREMENI'S: CA)Canpleted application fOIIn. (B)Filing fee. (C) Property SUrvey indicating the proposed developnent in relation to property lines and/or ordinary-hig~water mark; proposed building elevations and drainage plan. (O)Certified fran abstract firm, names and addresses of property owners within 100 feet of the exterior boundaries of the subject property. (E)Canplete legal description & Property Identification Number (PID). (F)Deed restrictions or private covenants, if applicable. (G)A parcel map at Ift-20 '-50 , showing: The site developnent plan, buildings: parking, loading, access, surface drainage, landscaping and utility service. ONLY COMPLETE APPLIC1\TIONS SHALL BE Al..u:;J:'J.'~ AND REVIEWED BY THE PLANNIN:i <n1MISSION. To the best of my knowledge the information presented on this addition, I have read Section 7.6 of the Prior Lake Zonin Or requirements for variance procedures. I agree. ttopo i: inf procedures as outlined in the Ordinance. 0i$.M ~ ., :e Submitted this 1 day of ~ 192L/ v. _-L- OrJ . ~. ~~LJ /Fee' ~~ignatrore' form is correct. In ce which specifies io~d follow the .,,~ho THIS SPACE IS 'ID BE FILLED OUT BY THE PLANNIN:i OI~J.uR PIANNING CDMMISSION ./' APPROVED OENIED 7- 2/- q if DATE OF HFARIN:i W'J.':I, COm:crL APPEAL &-.t'.t<OV'ED DENIED mTE OF HEARIN:; <DNDITIONS: ~e A1Tltattfp JJuwIh ~ ,MSO ei1Uj) PtarLtu/V Signature of the Planniflg Director Date a-l-q~ AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: DISCUSSION: ALTERNATIVES: ACTION REQUIRED: APPROVED BY: 7A GINA M. MITCHELL, ASSOCIATE PLANNER CONSIDER VARIANCE APPEAL REQUEST FOR GREG ENGEBOS AUGUST 1, 1994 On July 5, 1994, Mr. Engebos requested the City Council to reverse the Planning Commission's denial of a 3' north side yard variance to construct a single family home. The City Council noted that a lot area variance was required for the site, and did not act on the appeal, but referred consideration of the lot area variance back to the Planning Commission. The applicant requested and received Planning Commission approval for the 2,160 square foot lot area variance for the site on July 21, 1994. Attached please find the applications, staff analysis, Planning Commission Minutes of June 16, 1994, and the draft Planning Commission Minutes of June 24, 1994. 1. 2. Support the decision of the Planning Commission. Approve the 3' north side yard variance as requested by the applicant. Table the item for further discussion. 3. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER June 23, 1994 Mr. Frank Boyles City Manager City of Prior Lake Prior Lake , MN 55372 Dear Mr. Boyles: The purpose of this letter is to respectfully request an appeal to the Lot Variance decision made on June 16, 1994. The Prior Lake Planning Commission reduced the Variance request to the point of eliminating my entire house plan. My revised variance request is 5' south side, 3' north side. This request is NOT a precedent. By approving this request (which the planning staff, and property neighbors are in support of), several key benefits occur. 1. The home currently planned is highly compatible with the neighboring homes in style, entrx and price range. Please note that by eliminating Just the north side 2' variance request, an entirely different home must be built which will NOT be compatible, nor will it have any sense of entry (just a garage front). The choice would then be to not build at all, thus leaving a substandard lot vacant and without improved taxed basis. 2. The subject lot has Prior Lake view and access through the Oakland Beach Association. This site is; therefore, a very valuable substandard lot and further warrants a respectable home. 3. As a long time resident, adjacent to this lot and owner of this lot, I feel a strong responsibility to the neighborhood in maintaining property values, appearances and overall compatibility with this development. In summary, the neighbors and I feel that this variance reguest is beneficial to all parties concerned: the nelghborhood, potential buyers, and the City of Prior Lake. Please approve this request during the July 5, 1994 meeting so that we can proceed while houslng demand remains strong. R~tf~~~ ~~h g bos ow~~r~n deve oper AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: DISCUSSION: ALTERNATIVES: ACTION REQUIRED: APPROVED BY: 8(B) GINA M. MITCHELL, ASSOCIATE PLANNER CONSIDER VARIANCE APPEAL REQUEST FOR GREG ENGEBOS JULY 5,1994 On June 23, 1994, a written request for an appeal of the denial of a variance request by the Planning Commission to construct a single family home was received from Greg Engebos. The applicant requested the Planning Commission to grant a 3' north side yard variance from the 10' side yard setback requirement, and a 5' south side yard variance from the 10' side yard setback requirement. The Planning Commission discussed the item and found that the 5' south side yard variance was warranted, but denied the 3' north side yard variance. The following facts were cited: 1 . Typically, only one 5' side yard variance is granted for substandard lots of record. 2. Granting two side yard variances for this lot would set a negative precedent for other substandard, undeveloped lots within the neighborhood. 3. The size of home that the applicant is proposing is too large for the lot, and the applicant should redesign the plans to fit the lot. There was no one in the audience that objected to the variance request. Mr. Engebos' letter of appeal states that the planning staff is in support of the variance. Staff has never indicated support of this variance, and this position is documented in the staff report. Staff concurred with the applicant that variances have been granted to both sides of a single family substandard lot. Mr. Engebos may have construed this as staff support for his application. The Planning Commission felt that granting both side yard variances in this situation would set a negative precedent for the other vacant lots in the area. Attached please find the application, staff analysis, and draft Planning Commission Minutes of June 16, 1994. 1. Support the decision of the Planning Commission. 2. Approve the 3' north side yard variance as requested by the applicant. 3. Table the item fo urther discussion. D~nds en~uncil I~cussion. ; i r' l~./ i Frank F. ~es, 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER VA16PC PLANNING REPORT AGENDA ITEM: SUBJECT: PRESENTER: PUBLIC HEARING: DATE: 2 CONSIDER VARIANCE REQUEST FOR GREG ENGEBOS GINA MITCHELL, ASSOCIATE CITY PLANNER _YES XNO JULY 21, 1994 INTRODUCTION: On June 16, 1994, the Planning Commission granted a variance for Greg Engebos for the property located at 14588 Glendale Avenue SE. (See attached Planning Report and meeting minutes for reference to the application. The applicant requested a 3' north side yard variance and a 5' south side yard variance to construct a single family home. The Commission granted the 5' south side yard variance, but denied the 3' north side yard variance. The applicant appealed the decision to the City Council on July 5, 1994, where it was noted that a lot area variance is required for the site because the lot is less than 10,000 square feet. The City Council did not act on the appeal but referred consideration of the lot area variance back to the Planning Commission, The subject site is 56' wide and 140' deep, containing approximately 7,840 square feet of lot area, The required lot size for a substandard, non-waterfront lot of record is 10,000 square feet. The applicant requests a 2,160 square foot lot area variance for the site to be considered buildable. ADJACENT USES: The subject site is located in the single family neighborhood of Oakland Beach 1st Addition. This subdivision was platted in 1967 within the City of Savage, and annexed into the City of Prior Lake in 1974. There are several lots on the west side of Glendale Avenue that are vacant, and at some time in the future may be developed with single family homes, There have been no variances granted within the Oakland Beach 1st Addition. The applicant also owns the adjacent lot to the north which is the same size as the subject site. PLANNING CONSIDERATIONS: The subject site is a small, substandard "Lot of Record." The subject site was served with utilities in 1976, and assessments have been paid on the property. The 2,160 square foot minimum lot area variance request is reasonable because the property is a "Lot of Record" as defined by the Zoning Ordinance and therefore, subject to a building permit. The Planning Commission has granted multiple lot area variances since the 1987 adoption of the Shoreland Management Ordinance which established the minimum substandard lot size requirement. Lot area vaIiances have been granted to substandard "Lots of Record" which have been served by sewer and water and assessed for public improvements. Lots of similar size and area have been developed within the neighborhood. Denial of the lot area variance would render the lot non-buildable which would create an undue hardship with respect to the propeny. 4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER DISCUSSION: The applicant owns the adjacent lot as well as the subject site. The City Council questioned whether substandard "Lots of Record" are required to be combined if under common ownership. The City Council established an agreement with the DNR in 1987 when the original Shoreland Management Ordinance was adopted. The agreement is that the common ownership provision shall be applied at the time of building- nermit annlication. In other words, the lot would be - " - - considered buildable provided that the lot is owned by a separate individual other than the applicant when the building permit is filed. The separate ownership at the time of building permit interpretation has been the policy applied by staff regarding substandard "Lots of Record." The 1987 City Council members were concerned that people should be able to sell off, and/or develop "nest egg" properties. The Council at that time was concerned that there was no adequate way to notify potential buyers of the common ownership provision. The potential existed for an individual to sell a substandard lot which was once combined, to a separate party which would ultimately be denied a building permit due to the actions of the previous owner (separating the commonly owned lots). The result is that a future buyer would be penalized for the actions of the former owner who had divided the commonly owned lots. The Council did not feel comfortable placing the burden or penalty for illegal division on a future buyer of the property. The City Attorney also advised that outright denial of the opportunity to build on a "Lot of Record" previously assessed for public improvements, may place the City in jeopardy of litigation regarding the "taking" of property rights. The City of Prior Lake has encouraged the consolidation of lots whenever possible or practical. However, specific language requiring consolidation of contiguous lots under common ownership is not currently in effect and was not incorporated into the new Shoreland Management Ordinance which the City Council approved in 1993. In the revised Shoreland Management Ordinance (currently under review by the DNR), each individual substandard lot is considered to be buildable, regardless of common ownership, provided that the lot is at least 7,500 square feet and 50' wide. ALTERNATIVES: 1. Approve the variance as requested. 2, Continue or table the discussion for specific reasons. 3. Deny the variance finding lack of demonstrated hardship. RECOMMENDATION: Staff recommends Alternative # 1. Variance Hardship Standards: 1. Literal enforcement of the Ordinance would result in undue hardship with respect to the property. The 2,160 square foot lot area variance is requested 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). 2. Such unnecessary hardship results because of circumstances unique to the property. The hardship is created by the fact that the lot was platted under the jurisdiction of the City of Savage. The standards of Savage at the time of subdivision are significantly different than 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 hardship is caused by the application of current Zoning regulations to a substandard "Lot of Record" and 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 2,160 square foot lot area variance observes the spirit and intent of the Zoning Ordinance in that this request is comparable to what has been requested and approved for lots of similar area within the City of Prior Lake. The variance would not be contrary to the public interest. Discussion followed on angle parking, after which Cvulll~sioners Vonhof and Roseth withdrew the motion. Steve Doml:rovski stated they are not happy with one-way traffic design arOlmd the building. MOTION BY KUYKENDALL, SECOND BY LOFTUS, TO CONTINUE THE CONDmONAL USE PERMIT AND VARIANCE REQUEST FOR Lor 1, AND Oun..m B, LANGHORST FIRST ADomON 10 JULY 21, 1994, AND HAVE TIlE APPUCANf SUBwr A NEW PARKING PLAN AND ONE-WAY TRAFFIC FLOW PLAN. Vote taken signified ayes by Kuykendall and Loftus. Nays by Vonhof, Arnold and Roseth. MOTION FAILED. MOTION BY VONHOF, SECOND BY ROSEIH TO APPROVE A CONDmONAL USE PERMIT BASFT) ON THE CRITERIA FOR APPROVAL, CONTINGENf ON APPROPRIAlE SCREENING ON THE WEST SIDE, EXTERIOR BUll...DING MAll::'.KIAL ON WEST AND NORTH SIDE OF THE BUll...DING BE OF AN AU.J::.PIABLE EXIhKlOR FINISH AS PtK Lll Y CODE SECTION 4.12, ENTRANCE AND EXIT DRNEWAY LOCAnv ON PLEASANT S'I"Rht; 1 BE MOVED APPROXIMAJELY 10 t'bbl TO THE EAST, ADDmONAL TAlL TREES BE PLACJ:.LJ IN THE LANDSCAPING PLAN AS AGREED TO BY STAFF, ONE-WAY DRNE SY~ IbM BE ESTABUSHED AROUND TIffi NORTH AND WEST PORTION OF THE BUll...DING AND BE APPROPRIA1ELY SIGNED, AND APPUCANT IS TO CONSIDER ANGLE PARKING. Vote taken signified ayes by Vonhof, Roseth, Arnold, Kuykendall, and Loftus. MOTION CARRIED, MOTION BY ROSElli, SECOND BY VONHOF, TO APPROVE A VARIANCE FROM TIlE ZONING ORDINANCE, SECTION 6.5 TO AlLOW THE APPUCANT TO PROVIDE 35 INSlEAD OF THE REQUIRED 70 PARKING STALLS ON SITE. Vote taken signified ayes by Roseth, Vonhof, Loftus, Arnold, and Kuykendall. MOTION CARRIED. ITEM IV - GREG ENGEBOS- VARIANCE Greg Engebos, 4931 Beach So"eet NE stated he is the owner of the prof-'Cny' at 14588 Glendale and is requesting two variances in order to build a high quality home on a substandard lot If the codes were adhered to, the proposed home could not be built Mr Engebos stated he also owns the adjacent lot to the nOlth side. Gina Mitchell, Associate Planner, presented the information as per the Planning Report of June 16, 1994. The subject site is a vacant lot. 56 feet wide by 140 feet deep. The sulxlivision was platted under the jlllisdiction of a previous governing body. The variances requested are a 3 foot nOlth side yard variance from the 10 foot side yar'd setback requirement and a 5 foot south side yard variance from the 10 foot side yar"d setback requirement ll1ere have been no variances granted within the Oakland Beach 1 st Addition. Recommendation from Staff is to grant the 5 foot south side yard variance and deny the 3 foot nOlth side yard var-iance, Granting the variances as requested would set a negative precedent CVII U I ents from the Commissioners were: too large of a house for lot, substandard lot, redesign plan to fit lot, and in the past the Commission has granted a 5 foot side yard variance to 50 foot lots, and on precedent set The applicant stated he would change the 3 foot north side yard variance to a 2 foot variance. MOTION BY LOFTUS, SECOND BY , TO APPROVE A TWO (2) FOOT NORTH SIDE YARD VARIANCE AND A FIVE (5) FOOf SOUTH SIDE YARD VARIANCE FOR 14588 GLENDALE AVENUE SE, RATIONALE BEING THE LOT IS SUBSTANDARD AND PLAllbU UNDER A PREVIOUS GOVERNMENT PLANNING COMMISSION June 16, 1994 Page 6 Motion died for lack of a second MarrON BY ROSElli, SECOND BY VONHOF, TO APPROVE A FNE (5) SOUTH SIDE YARD VARIANCE FROM TIlE TEN (10) SIDE YARD VARIANCE FOR 14588 GlENDALE AVENUE AND DENY 1HE THREE (3) FOOT NORTH SIDE YARD VARIANCE FROM TIlE TEN (10) FOOT REQUIREMENT RATIONALE FOR DENYING TIlE NORTH SIDE YARD VARIANCE IS THAT A PRECtvENTWOULD BE SET IN THE NEIGHBORHOOD. Discussion followed on precedent set, variances granted in the past and variance reference information was given. The applicant stated he would give a 3 foot deed restriction to lot 6 (the vacant lot to the nOlth which he owns) if a 2 foot nOlth side yard variance were granted to the subject site. Vote taken signified ayes by Roseth, Vonhof, Kuykendall and Amold. Nay by Loftus. CUl1Ul~sioner Loftus stated that precedent has not been set MarrON CARRIED. ITEM V - DAVID FREES - VARIANCE David Frees, Route 3, leSueur, stated he is requesting a 68 foot variance in order to conSUuct a single family home located at 6346 Comoy Sn-eet NE Due to the topography of the lot, he wishes to position the house to take advantage of the view and is uying to save large U"ees on the site. Gina Mitchell, Associate Planner, presented the infmmation as per planning repmt of Jlme 16, 1994. The request is for a 68 foot vm1ance from the 75 foot lakeshore setback requirement The subject site is awwximately 15,114 squm-e feet The site is centered on a depression, the result is that the ordinmy high water mark of Prior Lake encroaches further north on this lot There are 4 oak u'ees on the site ranging from 8 - 28 caliper inches. Staff recommends the applicant explore other options for locating his home which may result in losing the largest oak U"ee but saving 2 others, Staff is of the opinion that the variance requested is too exn'eme, and recommends denial. Joan Wru.md, realtor representing the propelty, stated because of the slope of the land the house has to be angled and the design of the house is unique. M1: Frees felt the largest oak u'ee can be saved and would take precautions in excavating, drainage and grading. A letter from DNR wa'l read into the record opposing the 68 foot lakeshore vm1mlce, Comtnents from the Commissioners were: propelty is unique, roots may be cut on large u"ee dllling consu"Uction l-egmuless of where house is located, blockage of view by future house to the west, the long flat slope of the lot pushes the legal building envelope close to the road, flood elevations and filling below 904, and analysis of altemative building oppmnmities. MarION BY LOFTUS, SECOND BY VONHOF, TO DENY THE 68 FOOT LAKESHORE FROM THE 75 FOOT LAKESHORE SElBACK REQUIREMENT RATIONALE BEING TIlE LOT IS NOT A SUBSTANDARD LOT, REQUEST GOES BEYOND PRECEDENT, AND OlHER OPTIONS CAN BE CONSIDERED, Discussions followed at which time the applicant showed an altemate plan that would l-equire a 45 foot vm1ance. TIle motion was withch-awl1. MOTION BY VONHOF, SECOND BY LOFl1JS, TO APPROVE A 45 FOOT LAKESHORE St:.1l:sACK REQUIREMENT FROM THE 75 FOOT LAKESHORE SbltlACK REQUIREMENT. RATIONALE PLANNING COMMISSION June 16, 1994 Page 7 Prior Lake City Council Minutes B July 5, 1994 B. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. Consider Variance Appeal by Greg Engebos. Councilmember Kedrowski stated that he would not participate in the discussion on advice of Counsel. Associate Planner Mitchell presented details of the variance appeal for a five foot south side and three foot north side variance for this lot of record. Staff recommended denial of the three foot north side variance to avoid a negative precedent. Discussion occurred regarding the square footage of the house, rules on substandard lots and meeting standards as required in the neighborhood. Discussion occurred regarding the lot size and other variances required by the code. The matter was remanded to the Planning Commission to consider the two additional variances requested which have not been considered. 9. OTHER BUSINESS ,,-~.},., Due to an oversight earlier in the meeting, Council took up the issue of approving engineering design cost conducted by MSA in connection with the improvements at Sand Pointe parking lot. MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO AUTHORIZE PAYMENT OF THE ENGINEERING DESIGN COST TO MSA CONSULTING ENGINEERS NOT TO EXCEED $6,000 FOR SAND POINTE PARKING LOT. A. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. Committee and Commission Terms and Timeline for Selecting Replacement - City Manager Boyles stated that he will be seeking Council's direction on this subject and will be placing ads to fill two vacancies on the BDC. Committee and Commission members will be contacted regarding their term limits. City Manager Boyles reviewed the following Weekly Update items as well as items of interest he had handed out for Council information prior to the meeting. School Liaison officer letters Stamped Concrete medians on C.R. 42. Memo from Bruce Loney regarding top soil sale. Mr. Loney requested direction from Council as to how to proceed with the sale of top soil as it is imperative that the dirt be moved as soon as possible. Council concurred that Mr. Loney the highest quote would be acceptable and that it need not be brought back for discussion. -4- Cn.gAWo4 VwUanc.e M.SA tngi.n.eeAi..n{;. (.o.dL:J to//. ~and 'Po.in;t 'PCl/I.R..ing Lo~ I:J/L Vacanc.i.ed ADDmON. RATIONAL BEING IT IS CONSISTENT WITH TIffi CONDmONAL USE PERMIT GRMIW TO THE SITE, WOULD NOT EXCl:<.J:ill TIffi 50% POUC):, AND WOULD Nar BE Dt.lKIMENTAL TO THE HEAL1H AND WElFARE OF THE COMMUNrrY. Vote taken signified ayes by Loftus, Vonhof, Roseth, and Kuykendall, Commissioner Arnold abstained MOTION CARRIED. CUl1l1l1issioner Vonhof directed Staff to investigate the possibility of including picnic pavilions as a pennitted use in a R-1 Zone and if other uses are applupriate. At this point the gavel was returned to Chainnan Arnold. ITEM II. GREG ENGEROS. VARIANQ; Greg Engebos, 4931 Beach Street, stated that when he was before the Council to appeal his denial of the tlu-ee (3) foot north side yard variance, it was noted he needed a lot area variance for 14588 Glendale Avenue, as the lot is less than 10,000 square feet He is now requesting that vmiance. Gina Mitchell, Associate Planner, pI-esented the information as per planning lC!^'rt of July 21, 1994. The Planning Commission acted on a request on June 16, 1994, granting a five (5) foot south side ymu variance and denying a three (3) foot nOIth side yard vmiance to the site. MI.: Engebos appealed the Planning Commission decision to deny the tln-ee (3) foot nOIth side ymu variance. The Council did not act on the appeal because it became evident that a lot ar-ea vmiance was needed. The subject site is 56' wide and 140' deep containing appluxirnately 7,840 square feet of lot area The required lot size for a substandard non-waterfront lot of recOIU in the Shoreland Disnict is 10,000 square feet The request is for a 2,160 square foot lot area variance for the site to be consideI-ed buildable. The site is seIved with utilities and assessments have been paid on the property, The applicant owns the adjacent lot to the nOIth as well as the subject site, This lot will be considered buildable provided that the lot ar-ea variance is granted and the lot is owned by a separate individual other than the applicant when the building peImit is fIled Hardship is caused by the the cun-ent Zoning I-egulations and is not the result of the prUpc.l L Y OwneI: Tom Roszak, 14581 Glendale Avenue, objected to building on a smaller lot and thought the two lots should be combined. Horst Grasel~ Director of Planning, explained the standards of the Ctm-ent I-egulations. Taxes and sewer and water assessments have been paid on the subject site. A bIief summary on the ordinance standards was gIven. Comments by the Commissioners weI-e: d1ere should be different standards for small lots, uniqueness of lot, har"dship criteria has been met, and all were in suppon of the request MOTION BY LOFTUS, SECOND BY KUYKENDALL, TO APPROVE A 2,160 SQUARE FOOT LOT AREA VARIANCE FOR 14588 GLENDALE AVENUE, LOCAll:lJ AT LOT 7, BLOCK 1, OAKlAND BEACH FlRST ADDmON. RATIONAL BEING THE SUBJECT SITE IS A LOT OF RECORD, SITE HAS BEEN ASSESSED AND TAXED, WITHOUT A VARIANCE TIffi LOT WOULD BE UNBUILDABLE, AND THE HARDSHIP CRL 1 t.KIA HAS BEEN MEr Vote taken signified ayes by Loftus, KuykenclaI1, Vonhof, Arnold, and Roseth. MarrON CARRIED. A recess was called at 7 :57 P.M. and the meeting was reconvened at 8:00 P.M. ITEM III. PUBLIC HEARING. VILLAS AT TIlE WILDS - NEDEGAARD CONSfRUL liON PLANNING COMMISSION July 21,1994 Page 2 Prior Lake City Council Minutes August 1, 1994 the process to expand the boundaries as indicated on the map. Mr. Guenette reviewed Pages 6, 7, and 8 of the TIF report. (Councilmember Kedrowski arrived at 8:00 p.m.) A short discussion occurred regarding the document. Mayor Andren asked if there were any questions or comments from the audience. There were no comments forthcoming. MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO APPROVE RESOLUTION 94-40 APPROVING DEVELOPMENT DISTRICT NO. 2 MODIFICATION PURSUANT TO MINNESOTA STATUTES, CHAPTER 469. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. Discussion occurred regarding the population of Prior Lake. An error was made regarding population statistics wherein 1987 figures were inadvertently used instead of the 1990 figures. Mr. Guenette was asked to review Resolution 94-41 to determine if Prior Lake still qualifies under the "qualified manufacturing district". Council directed staff to place the resolution on the August 15, 1994 agenda. MOTION BY KEDROWSKI, SECOND BY GREENFIELD, TO PLACE RESOLUTION 94-41 ON THE AUGUST 15, 1994 CONSENT AGENDA. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. Mr. Guenette then discussed TIF District 2-4 and the financing process with regard to tax base capacity. MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO APPROVE RESOLUTION 94-42 APPROVING TAX INCREMENT FINANCING DISTRICT 2-4 AND THE USE OF TAX INCREMENT FINANCING. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. MOTION BY KEDROWSKI, SECOND BY GREENFIELD, TO ADJOURN THE PUBLIC HEARING. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. B. Public Hearing to Consider Vacation for the Villas at The Wilds. Mayor Andren called the public hearing to order at 8:15 p.m. Assistant Planner Garross presented details of the easement vacation request for Block 5, The Wilds. -3- Prior Lake City Council Minutes August 1, 1994 David Newman, Nedegaard Construction, briefly addressed the Council with respect to his request. MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO CONTINUE THE PUBLIC HEARING AFTER AGENDA ITEM 8A HAS BEEN DISCUSSED. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. 7. OLD BUSINESS ~~0 uOiW1& CCP(JQaY- Consider Approval of Engebos Variance Appeal. Councilmember Kedrowski withdrew from participation on this item. Associate Planner Mitchell presented details of the request and discussed action taken by the Planning Commission. Discussion occurred regarding the nature of past variances granted in the area, size of lots and whether the petitioner could meet the hardship criteria for a three foot side yard set back variance. The petitioner, Greg Engebos, addressed the Council regarding his request and handed out pictures depicting a home with a variance and a home without one and also pictures of other homes in the area. Some discussion occurred regarding whether the impervious surface ordinance pertained to this property. Ms. Garross stated that since the property is in the Shoreland Management District, the impervious surface ordinance would apply. MOTION BY SCOTT, SECONDED BY GREENFIELD, TO DENY MR. ENGEBOS'S REQUEST FOR A THREE FOOT SIDE YARD SET BACK VARIANCE AT 14588 GLENDALE AVENUE ON THE BASIS THAT IT DOES NOT MEET THE HARDSHIP CRITERIA OF THE ZONING ORDINANCE. Upon a vote taken, yeas by Andren, Greenfield, Schenck and Scott, the motion carried (Councilmember Kedrowski abstained.) 8. NEW BUSINESS A. Consider Approval of Preliminary and Final Plat of the Villas at The Wilds. Deb Garross presented a map of the proposed plat and discussed the change in the size of the villas and the application to consider the preliminary and final plat and grading plans. The request was for a replat of five lots into eight lots in the 15 unit townhome development, with some being attached and some detached. Ms. Garross stated that the developer will likely be back with another request to replat other large lots in the future. MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO APPROVE RESOLUTION 94-49 APPROVING THE -4- VA16PR PLANNING REPORT AGENDA llJ!.M: SUBJECT: PRESENTER: PUBLIC HEARING: DATE: 4 CONSIDER VARIANCE REQUEST FOR GREG ENGEBOS GINA MITCHELL, ASSOCIATE CITY PLANNER _YES XNO JUNE 16, 1994 INTRODUCTION: The Planning Department has received a variance application from Greg Engebos of 14588 Glendale Avenue SE. The applicant is requesting the Planning Commission to approve a 3' north side yard variance from the 10' side yard setback requirement, and a 5' south side yard variance from the 10' side yard setback requirement to construct a single family home as indicated on the attached survey. PHYSIOGRArni: The subject site is 56' wide and 140' deep, containing approximately 7,840 square feet of lot area. The site slopes gently from the front of the lot to the rear. The majority of the vegetation on the site consists of volunteer growth. ADJACENT USES: The subject site is located in the single family neighborhood of Oakland Beach 1st Addition. This subdivision was platted in 1967 within the City of Savage, and annexed into the City of Prior Lake in 1974. There are several lots on the west side of Glendale Avenue that are vacant, and at some time in the future may be developed with single family homes. There have been no variances granted within the Oakland Beach 1 st Addition. PLANNING CONSIDERATIONS: The subject site is a small, substandard lot of record. The Planning Commission has typically granted one, 5' side yard variance on similar size lots. The applicant is requesting a 5' south side yard and a 3' north side yard variance. Staff is of the opinion that granting the variances as requested would set a negative precedent. ALTERNATIVES: 1. Approve the variances as requested, or with some modifications as per Planning Commission discussion. 2. Continue or table discussion for specific reasons. 3. Deny the variances fmding lack of demonstrated hardship. RECOMMENDATION: The recommendation from staff is Alternative # 1. Staff recommends that the Planning Commission grant the 5' south side yard variance and deny the 3' north side yard variance. The applicant will have reasonable use of his property in a similar manner as other property owners of substandard lots. Variance Hardship Standards: 4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 1. Literal enforcement of the Ordinance would result in undue hardship with respect to the property. The 5' south side yard variance is requested 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) . 2. Such unnecessary hardship results because of circumstances unique to the property. The hardship is created by the fact that the lot was platted under the jurisdiction of the City of Savage. The standards of Savage at the time of subdivision are significantly different than 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 hardship is caused by the application of current Zoning regulations to a substandard lot of record and 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 5' south side yard variance observes the spirit and intent of the Zoning Ordinance in that this request is comparable to what has been approved and granted for similar lots by the City of Prior Lake. The variance would not be contrary to the public interest. , '-5'1'<0 \ 2 3 fti ~,~ " , - OUTLOT A AD IN ( II ~ '\\. vAe...,.E.l) 2 ) . RJ.' ,., - z,c, ~I ~ 'iM."'TCO l~ "- a.~S. t'i-61 '> ~ , '- ~ ------~- ,--' ~~:n 4 L ~ 14 OAKLAND ~"70 ~s,"Z. (O~G. R.w S T:c. c:. ..-'~.710AK L . ,~ ENGEBOS VARIAN SUBJECT SITE II /' "VA16P2" NOTICE OF HEARING FOR VARIANCE APPLICATION 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. JULY 21. 1994 Time: 7:20 P.M. APPLICANT: Greg Engebos 4931 Beach Street NE SUBJECT SITE: 14588 Glendale Avenue SE Lot 7, Block 1 Oakland Beach 1 st Addition Scott County, Minnesota REQUEST: The applicant proposes to construct a single family home as indicated on the attached survey. In order to construct the home as proposed, the applicant requests that the Planning Commission grant the following variance from the requirements of Prior Lake Zoning Ordinance 86-3: A 2,160 square foot lot area variance from the 10,000 square foot minimum lot area requirement for a non water frontage lot located within the Shore1and District. 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: July 6, 1994 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER .VA16PN. NOTICE OF HEARING FOR VARIANCE APPLICATION 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: pate: THURSDAY. JUNE 16. 1994 Time: 9:45 P.M. APPLICANT: Greg Engebos 4931 Beach Street NE SUBJECT SITE: 14588 Glendale Avenue SE Lot 7, Block I Oakland Beach I st Addition Scott County, Minnesota REQUEST: The applicant proposes to construct a single family home as indicated on the attached survey. In order to construct the home as proposed, the applicant requests that the Planning Commission grant the following variances from the requirements of Prior Lake Zoning Ordinance 86-3: 1. A 5' south side yard variance from the 10' side yard setback requi rement. 2. A 3' north side yard variance from the lO' side yard 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: June 3, 1994 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER · tjaa ~ . 7/1l//~1 d~ PRl~'h dAbe.-M~ · ~~a4;j- 'T tU1td.iiJ ria OPtJ ~ - r ~ ", ~ ~Atii1J<1d6~ItJ~~?--~, 16f't "VA23PN" NOTICE OF HEARING FOR VARIANCE APPLICATION You are hereby notitled 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. JULY 21. 1994 Time: 7:00 P.M. APPLICANT: Kurt Hazekamp of 15654 Fremont Avenue NW, representing the Island View 5th Addition Home Owners Association. SUBJECT SITE: 15585 Fremont Avenue NW Outlot A, Island View 5th Addition Scott County, Minnesota REQUEST: The applicant proposes to construct a pavilion as indicated on the attached survey. In order to construct the pavilion as proposed, the applicant requests that the Planning Commission grant the following variances from the requirements of Prior Lake Zoning Ordinance 83-6: 1. A 45' lakeshore variance from the 75' lakeshore setback requirement (on the west side). 2. A 33' lakeshore variance from the 75' lakeshore setback requirement (on the east side). 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: July 11, 1994 4629 Dakota S1. S.E" Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 'O~ _ . . ~/f!~~ p~ ~ ~Y\A) C~!\/Y\A f\.l~ ~ ~ wLf i~ (\Q~ fzl~J1P(J v~ t.tJ ,"" '."'\'.~~"~_~'"-'.."""i'." . . '^ -,"lIi.f.~,~:!W}",r;","r' IItINNESO't~ .VA16PN" NOTICE OF HEARING FOR VARIANCE APPLICATION 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. JUNE 16. 1994 Time: 9:45 P.M. APPLICANT: Greg Engebos 4931 Beach Street NE SUBJECT SITE: 14588 Glendale Avenue SE Lot 7, Block I Oakland Beach I st Addition Scon County. Minnesota REQUEST: The applicant proposes to construct a single family home as indicated on the attached survey. In order to construct the home as proposed, the applicant requests that the Planning Commission gnmt the tollowing variances from the requirements of Prior Lake Zoning Ordinance 86-3: 1. A 5' south side yard variance from the 10' side yard setback requi remenL 2. A 3' north side yard variance from the 10' side yard setback requi rcment. If you are interested in this issue, you should at1end 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.llI. Monday through Friday. Prior Lake Planning Commission Date Mailed: June 3, 1994 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 4474230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER vA I b fY)L NEW ABSTRACTS CONTINUATIONS CLOSING SERVICE REGISTERED PROPERTY ABSTRACTS TITLE INSURANCE RECORDING SERVICE SCO I I COUNTY ABSTRACT AND TITLE, INC. 223 HOLMES STREET, P.O. BOX 300 SHAKOPEE, MINNESOTA 55379 David Moonen and Dale Kutter Kerry Meagher, General Counsel TELEPHONE: (612) 445-6246 FAX: (612) 445-0229 June 1, 1994 Curt Hazekamp 15654 Fremont Avenue Prior Lake, MN 55372 To Whom it may concern: According to the 1994 tax records in the Scott County Treasurer's office, the following persons are listed as the owners of property which lies within 100 feet of the following described property: Lot 7, Block 1, Oakland Beach 1st Addition, according to the recorded plat thereof on file and of record in the Office of the County Recorder in and for Scott County, Minnesota. LORI & PAUL FRANK 14364 RUTGERS ST PRIOR LAKE MN 55372 THOMAS A & KELLEY M ROSZAK 14581 GLENDALE AV SE PRIOR LAKE MN 55372 LAVERNE PYRE 10521 CEDAR LAKE RD #304 MINNETONKA MN 55305 ROBERT F & BONNIE CAMERON 14597 GLENDALE AVE SE PRIOR LAKE MN 55372 GREGORY J ENGEBOS 4931 BEACH ST NE PRIOR LAKE MN 55372 ARNOLD F & AUDREY PAHL 14574 OAKLAND BEACH AVE SE PRIOR LAKE MN 55372 CLYDE B REMBOLD TRUST 14602 OAKLAND BEACH AVE SE PRIOR LAKE MN 55372 &:r~ -- DAVID M FELDSHUH 308 ELMWOOD AVE ITHACA NY 14850 David E. Moonen President MARK S RAUSCH & WIFE 14565 GLENDALE AVE SE PRIOR LAKE MN 55372 MEMBER MINNESOTA LAND TiTlE ASSOCIATION AGENT FOR CHICAGO TITLE INSURANCE COMPANY RECEIPT No 23787 fo-3-9'f DATE CITY 0 F PRIOR LAKE 4629 DAKOTA STREET S.E., PRIOR LAKE. MN 55372 Received of -r?ifn-Tech I mc/,. whose address and/or legal des&'iption is/~-bf5'f FrefYJDnfAve.J NW the sum of A-tY~~V810%f)_ ~ - ~ars for the purpose of 'r..lt- (l/J{)/ I CO:h 0 n I I . $ '76, 0 () Invoice No. \ .If'Iktc/wjj , Receipt Clerk 10r thdLCity of Pri~r Lake tJ~ tida) dPR~ ~o~ ~ -~ ~\ ~ ~ ~NE;? 7 /I~ 114 1t4~a4;r ~ "VA16P2" NOTICE OF HEARING FOR VARIANCE APPLICATION You are hereby notitied 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. JULY 21. 1994 Time: 7:20 P.M. APPLICANT: Greg Engebos 4931 Beach Street NE SUBJECT SITE: 14588 Glendale Avenue SE Lot 7, Block 1 Oakland Beach 1st Addition Scott County. Minnesota REQUEST: The applicant proposes to construct a single family home as indicated on the attached survey. In order to construct the home as proposed, the applicant requests that the Planning Commission grant the following variance from the requirements of Prior Lake Zoning Ordinance 86-3: A 2.160 square foot lot area variance from the 10.000 square foot minimum lot area requirement for a non water frontage lot located within the Shoreland District. 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: July 6. 1994 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER SURVEY PREPARED FOR: KURT HAZEKAMP 15654 FREMONT AVE. PRIOR LAKE, MN. 55372 Valley Surveying Co., I? A. SUITE 120-C, 16670 FRANKLIN TRAIL FRANKLIN TRAIL OFFICE CONDOMINIUM PRIOR LAKE, MINNESOTA 55372 TELEPHONE (612) 447 - 2570 . -- lJ ~,....o ~_ ,ff N86038' 30"E 00 $1'3.7' ToC.a.. 8'....15 ---140. --- g,z.7' --~~'''olfJ I 912,2 t:.__ 25.0.- \ - 'I \ 'F~ (918.3) -- II f""\ .:. I ...... - 28.33 ~llD II! :=. lDl Ole.: .1 '_~ ~ I 7 !!J;Gi'-'- 1: 0"0 ~, I o~ -\ 4 ~ \ .~ PROPOSED "!L_ - -~ _ __ - - - - -(0' C\I 111I lD 28 1-- ,,'\ .. HOUSE If! I ~ -,1 0 T.C. EL. ~I E "tl... ' ~Sll5....... If! eARA8 III _ . ~ .0 I III I 01 I - ..... 01 Z8.33 28 ,-_______ -I-......L .....5 ""'----"1!L ~'f'- z..o 1 t....... I ,; t 917.0 ) __ ("7i7.. )iIIIf.- -.. S115.SlS VU $1'3.5 ~~~ SII!. _ 140.00-- N86038'30"E ~. = , -~ ~ -<0 C\lV) o l't) 2 -+- , , SII3.8~.... ..... - ~ 1/1) I. I!:! 1 " 01' o' \, I . ~ ~, 1',1'16 'E""5 Gl G~ft~ E\..' ~e "0 , 5\.. 9'.0" , , I [-3 50 L 1 . DESCRIPTION: Lot 7, Block 1, OAKLAND BEACH 1ST ADDITION, Scott County, Minnesota. Also showing the location of the proposed house and the side yard variance's required for said house NOTES' Benchmark Elevation 914.50 top of the existing garage slab on Lot 8 as shown on the survey drawing. 912.7 Denotes existing grade elevation lC < 916.3) Denotes proposed finish grades " " Set the garage slab at elevation 918.00 Set the top of block at elevation 918.33 the lowest floor will be elevation 915.29 Net lot area = 7,840 sq. ft. Lot coverage with house & driveway = 28.7 % o I SCALE 30 l IN 60 I FEET o Deftot.., /2 inch JC 14 inch iron monument ..t and mtlrlced by License No 10/83 . Denotes iron monument found CI Denotes P. K. Nail set FILE No. SOil . hi . H) ~ :z i.u . :> q j ~ c= UJ ...J (!) .. .. ," ".,. . tI- J t, ~-- SOOK 205 PAGE 22 SURVEY PREPARED FOR: KURT HAZEKAMP 15654 FREMONT AVE. PRIOR LAKE, MN. 55372 Valley Surveying Co., F? A. SUITE 120-C, 16670 FRANKLIN TRAIL FRANKLIN TRAIL OFFICE CONDOMINIUM PRIOR LAKE, MINNESOTA 55372 TELEPHONE (612) 447-2570 , -- tj Ii"" . 0 , - ~ I N86038' 30"E 00 913.7 T.c.a.. .,,,.,, ___140. --- 912.7 --16 '.,,,.,. · 9'2.2 ....__ 25.0 -"T, 1il. 'I \ ~ (9,e.3) -- II ~I - Z8.33--i\';' ~I ~ lD . .,; _' I ~ . , Inl - ----..- 1\1, '""0 1\ 7 -,01 I, O~ , I ...~ \ I ~_ I~ r:::S~SEO :L-2.--1-I~'--- ---- ~~ r III . ~ ~ Toe. ",L. ~I, SARASE ': 1 ~ -- . c: ."...... .0 "'I 01 I ; b 2'....,. ,--- --- -- .1- 1':C aL If.... ----.... --gf'.-,..O 1.... .!J" (9'7.0 J__< .'''.9 J ...,-'- -.,. ..,... .-. .,.., -.i5.1 SlI!.! 140.00 -- N86038'30"E .-f-- ~, = , ~8 - . -(0 NV') o . I'C')' :2: .....- , \ SlIJ..~, - - .... ~'" 2 I ,. 011 ., ~I , , " ",,,. 50 .I- 'E'j(15 , [~ .~,,~6tl.' ~e 50 , 51. e,a, , , , , 1 VARIANCE REQlESTED: t A 2,160 square foot lot area variance from the 10,000 square foot minimum lot area requirement for a non water frontage lot located within the Shoreland District. 1 . DESCRIPTION: hJ Cr) au ',) Z .aJ > c::t .~ c::t 1:\ c:: L&.I ..... (.!) Lot 7, Block 1, OAKLAND BEACH 1ST ADDITION, Scott County, Minnesota. Also showing the location of the proposed house and the side yard variance's required tor said house NOTES' Benchmark Elevation 914.50 top ot the existing garage slab on Lot 8 as shown on the survey drawing. 912.7 Denotes existing grade elevation J( ( 916.3) Denotes proposed tinish grades ~ ~ Set the garage slab at elevation 918.00 Set the top at block at elevation 918.33 the lowest tloor will be elevation 915.29 Net lot area = 7,840 sq. tt. Lot coverage with house & driveway = 28.7 % o I SCALE 30 I IN 60 , FEET o Denot" 1/2 inch x 14 inch iron monument Nt and mCJrlced by license No '0183 . Denotes iron monument found $ Denotes P K. Noil set FILE No. 80' , BOOK 205 PAGE 22