HomeMy WebLinkAboutVA94-18 Nielsen Variance
w'n OF PRIOR LAKE
APPLICATION FOR VARIAlO:
VA!l!i. -/8
PID# 25-147-003-0
25-147-003-1
Applicant: Mr. Steve Nielsen
Address:~RR l~Otb-St. Prior Lake. MN ~~1Z2
Property Owner: Same as abnvp.
Address:
Type of Ownership: Fee x Contract
Consultant/Contractor: Ya~~v Colbv Associates
Home Phone: 447-6541
l*)rk Phone:, 867-5551
Home Phone:
Work Phone:
Purchase Agreement
Phone: 681-9040 (Metro)
Existing Use
of Property: Vacant .Present Zoning: B-2
Legal Description
of Variance Site: Lot 3. Block 1 and Outlot B. Langhorst First Addition
Variance Requested: A variance to allow 35 parking stalls instead of the required 70
parking stalls as identified in the Zonin~ Ordinance.
Has the applicant previously sought to plat, rezone,
use permit on the subject site or any part of it?
What was requested:
When: Disposition:
obtain a variance or conditional
Yes x R>
Describe the type of improvements proposed: The variance is requested in coniunction
with a conditional use permit for a fast food restaurant on the site
L:lUafiSSION l'U!.\JU.LREMENl'S:
<A)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. (D) 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 & P.Lv}tCrty Identification NlmIber
(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 COMPLETE APPLICATIONS SHALL BE ACl.U'J:~ AND REVIEWED BY 'U1.ti PLANNIN:; <JE.ITSSION.
To the best of my knowledge the information presented onf ts form is correct. In
addition, I have read Section 7.6 of the Prior LakiXOninf rdinance which specifies
requiranents for variance procedures. I agree to ide 1f tion and follow the
procedures as outlined in the Ordinance.
,
Appli(ants Si\jnature
SUl:mitted this 5tl&y of June 1994
Same
Fee Otmers Signature
THIS SPACE IS '10 BE FILLED OUT BY THE PIANNIN; DI~..1vR
PLANNING aD1ISSION ~PR01ED DENIED ~ - /~ - 94.. n.zm: OF HE'ARIN:;
W'J."f COUN:IL &.t"J:.&. &!.t"N:NID uU'l.LED DATE OF HEARIN:i
am~~?//~t:1litz~tIJ~~ /2tflJtt i/iAf
!;-/7-q1
Sign :Cure of the Planning Director Date
"V ARFM"
VARIANCE CH'F.CK LIST
SUBJECT SlT~:
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FILE #:
APPLICANT:
LEGAL DESCRIPTION:
STAFF ACTI\i U.u!.S:
DATE COMPLE~~:
1. SCHEDULE HEARING:
DATE:
TIME:
2, PREPARE AREA MAP:
3. PREPARE NOTICE:
Applicant
Property Owners
Verlyn - Engineering
DNR (if Shoreland)
Others:
(p l(~ ct l.-_
I I
/'
V
v
u/
Scott County
Watershed District
MNDOT
Other
PLANNING COMMISSION AGENDA PACKETS:
L./"/ Staff Report
i / Application Form
- ~ Applicable Maps
'V'"
Public Notice
Correspondence
Other Information
STAFF ACTI\i u.u!.S: (After Planning Commission/City Council Action)
1. MAIL COPY OF APPLICATION, APPROVAL LETTER C'V ARAPL"), A1~D
REQli'1RED CONDITIONS TO:
DATE COMPLETED:
Applicant
Building Inspector
DNR (if Shoreland)
2. AMEND V ARlAJ.'l'CE SUMMARY SHEET
3. ADD PERMIT TO PROPERTY MAJ.'l'AGEMENT
4. CREATE FILE LABEL
~~
FTI..E SHOULD CONTAIN:
V Application Form
t/ Staff Report
t../"" Applicable Maps
/,,/ Public Notice
~ Correspondence
r /' Planning Commission Minutes
City Council Minutes
Other Information
~
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_ COl1ul~sioner Arnold asked for clarification on the reason for continuing the Public Hearing, and advised
e- the Commissioners that the Resolutions were explained in great detail.
Mr: Tauer asked what issues the Commissioners were concerned with. as delay would cause a hardship for
the developer since he has been working on the plans for over a year, through several changes in regulations
during that time resulting in plans that had to be redone,
MOTION BY KUYKENDALL, SECOND BY LOFTUS, TO CONl1NUE THE PUBUC HEARING TO
JULY 7, 1994, AT 10:00 PM,
Vote taken ayes by Kuykendall, Lofms, Arnold. Roseth, and Vonhof. MOTION CARRIED.
A recess was called at 9:30 P.M. and the meeting was reconvened at 9:35 P.M.
t' ITEMITI - ~ONDmONAI~ 1 r~ P~MIT AND VARIANCE - SIr. VE NIELSEN
Onistopher Colby of Yaggy Colby Associates, represented the applicant, Steve Nielsen. The proposal is
for a 8,606 square foot snip mall which would have a fast food restaurnnt (Taco Hut), Main Avenue VIdeo
Store, and a sit-down Chinese restaurant The site is located at the intersection of Pleasant Street and Sill
13. The appearance of the proposed building would blend in with the building to the nOlth.
Horst Graser, Director of Planning, presented the infonnation as per planning repOlt of June 16, 1994, A
conditional use petmit is requested to allow a fast food lC~lAurnnt (Taco Hut) within the B-2 Community
Business Zone, and a variance from the Zoning Orrlinance, Section 6.5 to allow 35 parking stalls instead of
the required 70 stalls. ll1e subject site is in a premier location because it has good t:-A!-,VSure to Sill 13 and
is the only block left bordered by Sill 13. Traffic for the various uses would peak at different times, the
movement is tight but it can be done. The architectural design was done very well in keeping with the
adjacent building to the north.
Sewer and water does exist to the site and drainage has been addressed. A screening and landscaping plan
was submitted, although it is not required in the B-2 disnict The proposed use confonns to the disnict's
petmitted and conditional use provisions, and all general regulations of the ordinance.
Larry Anderson. City Engineer, stated that Pleasant Street is a State Aid Road and felt the driveway on the
subject site and the adjacent driveway to the west should have a ten foot separation.
CVII U I t:nts from the Commissioners were on: north door opening, exterior material, proposed lighting, west
side screening, upgrade of existing sewer line, signage, parking spaces, relocation of dliveway, taller n-ees
in landscaping plan. holU'S of operation, one-way traffic, 45-degree angle parking, vehicular overhang, and
employee parking.
Steve Domtmvski, Development Consultant for the applicant, stated they would give an easement to the
adjacent property to the west if the driveway could be left in its present location, provided there is a
maintenance aColcclllent with the property owner when it is developed.
MOTION BY VONHOF, SECOND BY ROSE1H TO APPROVE A CONDmONAL USE PERMIT
BASED ON THE CRITERIA FOR APPROVAL, CONfINGENT ON APPROPRIAlE SCREENING ON
THE WEST SIDE, EXTERIOR BUILDING MA1t:.KlAL ON WEST AND NORTH SIDE OF THE
BUILDING BE OF AN ACCEPTABLE EXTERIOR FINISH AS PER CITY CODE SECTION 4.1.2,
ENlRANCE AND EXIT DRIVEWAY LOCAIW ON PLEASANr STR.t.r.l BE MOVED
APPROXIMATELY 10 FEET TO THE EAST, ADDmONAL TALL TREES BE PLACED IN THE
LANDSCAPING PLAN AS AGREED TO BY STAFF, ONE-WAY DRIVE SY::s 1l:.1Vl BE ESTABUSHED
AROUND '!HE NORTH AND W~T PORTION OF '!HE BUILDING AND BE APPROPRIAlELY
SIGNED.
PLANNING ~OMMISSION
Jun~ 1';, 1994
Page S
I Discussion followed on angle parking. after which CVlJ1l1~sioners Vonhof and Roseth withdrew the
motion. Steve Doml:rovski stated they are not happy with one-way traffic design around the building.
MOTION BY KUYKENDALL. SECOND BY LOFfUS, TO CONTINUE THE CONDmONAL USE
PERMIT AND VARIANCE REQUEST FOR Lor 1, AND OUILOT B, LANGHORST FIRST'
ADDmON TO JULY 21, 1994, AND HAVE THE APPUCANr SUBMIT A NEW PARKING PlAN
AND ONE-WAY TRAFFIC FLOW PLAN.
I
Vote taken signified ayes by Kuykendall and Loftus. Nays by Vonhof, Arnold and Roseth. MOTION
F All..ED,
MOTION BY VONHOF, SECOND BY RO:s~lti TO APPROVE A CONDmONAL USE PERMIT
BASED ON THE CRr1 J:::.KIA FOR APPROVAL, CONTINGENT ON APPRUt'KlA1E SCREENING ON
THE WEST SIDE, EXIERIOR Bun...DING MAlJ:.KlAL ON WEST AND NORTH SIDE OF THE
BUILDING BE OF AN A~lABLE EXa:.KlOR FINISH AS t"tK Lll i CODE SECIlON 4.1.2,
ENTRANCE AND EXIT DRNEWAY LOCAa:.1J ON PLEASANf S'IR1::.t:.l BE MOVED
APPROXIMA1ELY 10 rbb 1 TO THE EAST: ADDmONAL TAlL 1REES BE PLACED IN THE
LANDSCAPING PlAN AS AGR.t:.cvTOBY STAFF, ONE-WAYDRNESY~1tl\1BEESTABUSHED
AROUND 1HE NORTH AND WEST PORTION OF THE BUll..DING AND BE At't'KOPRIATELY
SIGNED, AND APPUCANrIS TO CONSIDER ANGLE PARKING.
Vote taken signified ayes by Vonhof, Roseth, Arnold. Kuykendall, and Loftus. MOTION CARRIED.
MOTION BY ROSE1H, SECOND BY VONHOF, TO APPROVE A VARIANCE FROM THE ZONING
ORDINANCE, SECTION 6.5 TO ALLOW THE APPUCANr TO PROVIDE 35 INS1EAD 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 Street NE, stated he is the owner of the prol-"-...~j 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 Mt Engebos stated he also owns the adjacent lot to the
north side.
Gina Mitchell, Associate Planner, presented the information as per the Planning Report of June 16, 1994.
The subject site is a vacant lor 56 feet wide by 140 feet deep. The sul:xlivision was platted under the
jurisdiction of a previous governing body. The variances requested are a 3 foot north side yard variance
from the 10 foot side yard setback requirement and a 5 foot south side yard variance from the 10 foot side
yard setback requirement There have been no variances granted within the Oakland Beach 1st Addition.
RecolllllA:.udation from Staff is to grant the 5 foot south side yard variance and deny the 3 foot north side
yard variance. Granting the variances as requested would set a negative precedent
CVl1llU';;,lIts 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
TIle applicant stated he would change the 3 foot north side yard variance to a 2 foot variance.
MOTION BY LOFrUS, SECOND BY , TO APPROVE A TWO (2) FOOT NORIH SIDE YARD
VARIANCE AND A FIVE (5) FOOf soum SIDE YARD VARIANCE FOR 14588 GLENDALE
AVENUE SE, RATIONAlE BEING THE Lor IS SUBSTANDARD AND PLA11.t.U UNDER A
PREV10USGOVERNMENT.
PLANNING COMMISSION
Jun.. 16, 1994
pag.. 6
.CU04PC.
DRe REPORT
AGENDA ITEM:
SUBJECT:
#3
CONSIDER CONDITIONAL USE PERMIT
VARIANCE FOR STEVE NIELSEN
HORST W. GRASER, LARRY ANDERSON
_YES -XNO
JUNE 16, 1994
AND
PRESENTER:
PUBLIC HEARING
DATE:
INTRODUCTION:
The Planning Department has received an application from Steve Nielsen 5788 150th Street,
Prior Lake to consider a conditional use pe1mit and variance to construct a fast food restaurant in
the B-2, Community Business (Downtown) Zoning District. The subject site is legally described
as Lot 1, and Outlot B, Langhorst First Addition. The property is located n01th of Pleasant
Street, west of STH 13 and south of the Viking Liquor building,
The specific request is to consider:
1. A conditional use permit to allow a fast food restaurant within the B-2, Community
Business Zone. The proposed fast food restaurant is "Taco Hut."
2. A variance from Zoning Ordinance, Section 6,5 to allow the applicant to provide 35 in
stead of the required 70 parking stalls on site,
.DISCI JSSION:
The application, Mr. Steve Nielsen, proposed to develop an R606 square foot strip mall
consisting of a 2,054 square foot "Taco Hut" fast food restaurant, a 5,342 square fOOL "Maw
Avenue Video Store", and a 1,125 square foot Chinese sit-down restaurant on .84 acres of B-2
zoned land at the intersection of Pleasant Street and STH 13.
The subject site is pa1t of B-2 Community Business District which is proposed to identify
downtown Prior Lake. The small minimum lot size (5000 ft.). and common wall development
options indicate an overall planned district with emphasis of pedestrian traffic, a common
architectural theme, city or common parking areas, a general landscape plan, and less emphasis
on vehicular access, These land use objectives for downtown areas are generally incorporated
into development or redevelopment plans and implemented as opportunities are presented. In the
absence of a plan each site must individually meet the requirements of the zoning ordinance and
architectural continuity as possible and practical.
The subject site is in a premier location having good exposure to STH 13. Direct land access to
the site is via Pleasant Street and Walker Avenue, The intersection of Pleasant Street and STH
13 offers right in, right out vehicular movement. NOlthbound traffic accessing the site will have
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNl1Y EMPLOYER
to exit on County Road 21 to Main Avenue and then have the option of using either Walker
Avenue or Pleasant Street to the site, As traffic to County Road 21 increases changes to the
intersection with Main Avenue will likely be required for purposes of safety, A worst case
scenario would close this intersection or severely restrict access to Main Avenue.
The adjacent uses to the west include a single family home, radiator shop and bar. The single
family home and radiator shop are under single ownership. These properties are being used for a
residential (a legal non-conforming use) auto repair and used car lot. These buildings are quite
old which would indicate a possible remodeling or redevelopment effort in the future, The uses
to the north include retail and professional service. These uses and traffic are organized based on
a strip mall concept, Although there are several owners and lots with cross easements for traffic
continuity it all appears to function well. The objective of this site plan should be to recognize
the existing organization of vehicular and pedestrian traffic and uses, and assimilate this
development without causing a hardship to adjoining uses and the overall retail potential of block
bordered by Pleasant Street, Main and Walker Avenue and County Road 21.
SITE PLAN:
The site plan reveals a building of 8,608 square feet with an orientation towards Pleasant Street
and Walker Avenue. A fast food restaurant features a drive through around the north and west
side of the building, Both a direct land access from Pleasant and Walker is indicated. The access
to Pleasant is a 24 foot driveway located on the side property line of the site. This may produce a
hardship for driveway separation to the adjoining property when redevelopment occurs (see
attached memorandum from Bruce Loney). Since the adjoining property is used as residential,
screening is required (see Section 6,11 M) for about half of the west property line. The access
from Walker is a 24 foot driveway that allows easy access to the parking lot and d1ive though. A
median island between the Viking Liquor parking lot and the subject parking increases safety by
reducing confusion on providing vehicular organization.
The parking plan consists of 35 spaces, the majority of which are in front of the building, For
stalls 1-10 and 31-34 the vehicle overhang in not accounted for. There should be a minimum of
5 feet between the face of the curb and the property line to accommodate the vehicle overhangs.
The median adjacent to stalls 1-10 should be finished with pavers or stamped concrete which is a
low maintenance item versus sod which will die and eventually succumb to weeds and dirt.
Concrete curb is indicated throughout the development except along the west property line where
rolled bituminous edge is specified, The bituminous edge should be ungraded to concrete with a
4-5 foot setback to provide an opportunity for screening or plant material. A 3 foot concrete
sidewalk should be provided adjacent to the north side of the building to protect people using the
entrance in the middle of the building.
Mandatory landscaping is not required in the district however. the Planning Commission may
require landscaping as a component of the conditional use pennit. The site is intensively used
which leaves few opportunities for landscaping. The plan suggests all understory with no tree
cover anywhere on the site. Perhaps the plan should feature some shade or omamental trees.
Paver or stamped colored concrete should replace sod in high maintenance areas.
The attached sign plan shows 5 wall signs totalling 280 square feet (156 square feet pelmitted).
The free standing sign is 22 feet in height (20 feet is permitted), and the maximum free standing
sign square footage as shown is 92 square feet (75 square feet is permitted).
.cONDITIONAL USE:
The conditional use is for a fast food (Taco Hut) restaurant consisting of 2.054 gross square foot
and 645 net square feet for purposes of determining parking. The conditional use would occupy
about 23% of the proposed building. The conditional use features a drive though pick-up
window with 5 vehicle stacking opportunity. Taco Hut has indicated that 5 vehicle stacking is
adequate according to their needs. Taco Hut expects about 200 transactions a day. 60 of which
will be drive through transactions.
The criteria and performance standards for evaluating conditional uses is found in section 7.5
paragraphs C & D respectively,
CRITERIA FOR APPROVAL:
1. The proposed use conforms to the district permitted and conditional use provisions and
all general regulations of this Ordinance.
The downtown district has a wide range of permitted and conditional uses. Without a
specific community development plan in this district it would be difficult to argue that the
proposed use does not fit into the established chara<.:ter of this distri<.:t. The use however
requires 43 parking spaces of which only 8 are provided. The applicant has submitted in
his written submittal a comparison of other communities, There appears to be a consensus
that Prior Lake Ordinance is restrictive. With the exception of Lakeville, other
communities surveyed require from 16 to 26 stalls for the same use. The applicant has
filed a variance in conjunction with his conditional use. However. eight stalls is about
half of what other surveyed communities require. If the variance is not granted, the
building size needs to be reduced substantially or the uses changed.
2. The proposed use shall not involve any element or cause any conditions that may be
dangerous, injurious, or noxious to any other property or persons, and shall comply with
the performance standards listed below,
There are no components of this use that will affect adjacent uses or people in a negative
way. The use will comply with the performance standards found in paragraph D of
Section 7.5
3. The proposed use shall be sited, oriented and landscaped to produce a harmonious
relationship of buildings and grounds to adjacent buildings and properties.
The site plan should be amended in the areas discussed previously in this report to
produce a harmonious relationship and avoid hardship adjoining propenies.
4. The proposed use shall produce a total visual impression and environment which IS
consistent with the environment of the neighborhood.
The exterior finish material of the one story building consists of an off white stw.:w that
is consistent with the center to the north. The height of the building was designed to also
provide continuity with the center to the north. the nonh and west sides of the building
will consist of painted block which is not an acceptable exterior finish material (Code
Section 4.7.2), however, architectural block is.
5, The proposed use shall organize vehicular access and parking to m1l11mlZe u'affic
congestion in the neighborhood.
The access to Pleasant Street should be moved easterly to avoid a hardship to the
adjoining property. The site plan should be amended to show adequate space for vehicle
overhangs,
6, The proposed use shall preserve the objectives of this Ordinan<:e and shall be consistent
with the Comprehensive Plan.
The conditional use appears to exceed reasonable parking objectives even if the parking
standards of other surveyed communities are applied, The applicant should consider
another use or perhaps reduce the size of the building. The comprehensive plan is non
specific and is of little value in evaluating this site specific application. A prudent and
reasonable objective for this district is to develop vacant sites to the highest protential
realizing a downtown development plan does not exist but encourage land use
relationships that will not be detrimental but rather support the district and those
circumstances where shared conditions exist.
7. This criteria is not applicable in this case.
ALTERNATIVES:
1. Approve the Condition Use and Variances.
2. Continue the hearing with specific directives or request for additional data.
3. Deny the conditional use permit.
RECOMMENDATION:
Depends on Planning Commission discussion.
~.J:1. OF PRIOR LAKE
APPLICATION FOR VARIAR:E
~-18
PID# 25-147-003-0
25-147-003-1
Applicant: Mr. Steve Nielsen
Address:.....uaB l~O.tb St.. 'Prior Lake. MN ~r;1U
Property OWner: Same as above
Address:
Type of OWnership: Fee X Contract
Consultant/Contractor: Yag~v Colby Associates
.Heme Phone: 447-65ql
WOrk Phone: 867-5553
Home Phone:
Work Phone:
Purchase Agreanent
Phone: 681-9040 (Metro)
Existing Use
of Property:_ Vacant ~resent Zoning: B-2
:/ Legal Description
of Variance Site: Lot 3. Block 1 and Outlot B, Lan~horst First Addition
Variance Requested: A variance to allow 35 parkin~ stalls instead of the required 70
parking stalls as identified in the Zonin~ Ordinance.
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 x R>
What was requested:
.Disposition:
When:
Describe the type of tmprovements proposed: The variance is requested in con;unction
with a conditional use permit for a fast food restaurant on the site
~~SSION ~U.Lm~~..i.S,:
<A)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. (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 & p.LV~rty Identification NlmIber
(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 COMPLETE APPLICATIONS SHALL BE A\...u.J:"J:~ AND REVIEWED BY 'J."J:1.l:i PI>>lNIN:'i <n1MISSION.
To the best of my knowledge the information presented on th~form is correct. In
addition, I have read Section 7.6 of the Prior LakJj.oni.n~ rdinance which ~ifies
requireneI1ts for variance procedures. I agree to ide tion and follcw the
procedures as outlined in the Ordinance.
. ,
Applicants Si~ature .
Submitted this 5tlClay of June 19~
Same
Fee Owners Signature
THIS SPACE IS '10 BE FILLED OLt"T BY THE l'IANNDiG DIRECl'OR
PLANNING <lD1ISSION
w.n UJUl.'l...LU APPEAL
APPBOV'ED
APPROVED
DEl-u.w
DENIm
DATE OF HFARIN;
rATE OF EEARIR7
<DNDITIONS:
Signature of the Planning Director
Date
APFLICM'ION FOR COhu.L'J:J.ONAL USE J:"J:.!'t'1IT
::.fff=ki~L
~5- (<./7-60 3 .....0
~~ __R'.
Applicant: Mr. Steve Nielsen
Address: 5788 150th St9 Prior Lake. MN
Property Owner: Same as ~ve
Address:
Consultant: Yaqqy Colby Associ ates
Address: 717 Third Avenue SE. Rochesterc MN ~~nn4
,Heme Phone: 447-6541
Wbrk Phone:'G67-5553
,Heme Phone:
~rk Phone:
~hone: 681-9040 (m~trn)
Proposed Conditional Use Address:
Legal Description: Lot 3; Block 1 and Outlot B. Lan.'lhnr<:t First Addition
Existing Use of Property: Vacant
Property Acreage: .848 Acres + Present Zoning: B-2 Community Bus iness ~
Condi tional Use ~~ Requested: To a 11 ow a dri ve- uo wi n dow ~"'* Ti', 0 I-Iyt (;o~'< f",,:,.Q. ~ ~;
"'u~-t ,.,us rQvtf ,")
Deed Restrictions:
R>
X Yes If so, please attach. (access easement shown on survey
Has the Applicant preV'iously sought to plat, rezone, obtain a variance or conditional use
permit on the subject site or any part of it: X ~ Yes Pc!quest:
:when :
SJBMISSION REQUIREMENl'S: (A) Completed application form. (B) Complete legal description and
parcel identification mmber (pm). (C) Filing fee. (D)Deed restrictions, if necessary.
(E)Fifteen copies of site plan drawn to scale showing existing/proposed structures.
(F)Additional information as requested by the Planning Director including but not limited
to: existing grades and buildings within 100 feet, drainage plan with finished grade and
relationship to existing water bodies, if any, proposed floor plan with use indicated plus
building elevations, landscape plan with schedule of plantings and screening, curb cuts,
driveways, parking areas, walks and curbing. (G) Certified from abstract firm the names and
address of property owners within 500 feet of the existing property lines of the subject
property. (H)Application and supportive data are due 20 days prior to any scheduled
hearing.
ONLY (X)MPLETE APPLICATIONS SP..ALL BE REVIEWED BY THE PLANNIN:; a:l1MISSION.
Tb the best of my knowledge the information presented on this form is correct.
addition, I have read Section 7.5 of the Zoning Ordinance which specifies
requirements tr conditional uses. I agree to provide information and follow
P~OCed~,es, a~ ,uti ined in the Ordinance.
~ ~ s: !I"~Lf
AppliCfrt_s I~tjnature Date
J*- )L -S-- II -ti L/
Fee Otmers 'Signature Date
In
the
the
THIS SEO'ION ro BE FILLED OUT BY THE PLANNI~ DlRECroR
PLANN:IN; roMMISSION
UTi UJU I.'A.-I..U
APPIDJED
APPROlID
DENIED
DENIED
DA.TE OF HF.ARIN;
DATE OF HEARI~
CDNDITIONS:
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Date
.CU04PN"
NOTICE OF HEARING FOR CONDITIONAL USE AND 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, JUNE 16,
1994 AT 9:00 P.M.
APPLICANT:
Mr. Steve Nielsen
5788 150th Street, Prior Lake
SUBJECT SITE:
Lot 1, and Outlot B, Langhorst First Addn.
The vacant lot located north of Pleasant Street, south of Viking
Liquor Store and west of S,T.H. 13.
REQUEST:
The applicant proposes to construct a new commercial building as
per attached survey reduction. The building is proposed to contain
two retail spaces and one fast food restaurant. The property is
located within a B-2, Community Business Zoning District. The
Zoning Ordinance specifies that a fast food restaurant requires a
conditional use permit be approved by the City in order to be
constructed as proposed. In addition, Zoning Ordinance. Section
6.5 specifies the number of Offstreet Parking Spaces rel{uired for
the fast food and retail operations. The applicant requests a
variance from Section 6.5 to install 35 parking spaces instead of
the required 70 parking spaces.
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 447-4130 between the hours of R:()() a.m. and 4:30
p.m. Monday through Friday,
Prior Lake Planning Commission
Date Mailed:Wednesday, June 8, 1994
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNI1Y EMPLOYER
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8.) Sheet No. All was not included in submittal and typical sections were
referred to from Sheet AI.
9.) Concrete curb cut and concrete spillway detail for parking lot drainage
should be shown on Sheet AI.
10.) On the east side of the parking lot, the median width between back of
concrete curbs is only 2.5' and sod is being proposed for this area. This
area should be stamped concrete or brick paver or other suitable low
maintenance material. Also the width between parking lot curb and
street curb is only 3' - 4' from face to face of curb. A wider separation
of 5' between street and parking lot should be provided to
accommodate the vehicle overhang and a safe clear zone.
11.) A construction site erosion control plan needs to be done for the site
development.
12.) Justification for allowing a variance for the reduced number of parking
stalls than required needs to be provided by the developer.
13.) Verification of City right of way needs to be done and also
determination if drawings are correct.
14.) The landscaping should be done so as to not cause a sight distance
problem at the driveway and street intersections.
If you have any questions on this memorandum, please feel free to contact me.
BMEM53.ENG
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THOROUGHFARES
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ORDERlY ANNEXA'I(~' AREA
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ATTACHMENT IIA"
717 THIRD AVENUE SOUTHEAST
ROCHESTER. MINNESOTA 55904
1507) 288-6464
FAX (507) 288-5058
June 10, 1994
Y AGGY
COLBY
ASSOCIATES
Mr. Horst Grazer, Planning Director
City of Prior Lake
4629 Dakota Street SE
Prior Lake, MN 55372-1714
ENGINEERS . ARCHITEc.:TS
SURVEYORS . PlANNERS
LANDSCAPE ARCHITECTS
RE: Proposed Commercial Center
Pleasant Street and Highway 13
Dear Horst:
Enclosed you will tind the information you requested during our telephone conversation
yesterday. Hopefully the information addresses the narrative points you wanted explained.
Please give me a call if you have any questions.
Sincerely,
Y AGGY COLBY ASSOCIATES
~
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C~:(her W. Co
Director of Archite
CWC/dlf
Enclosure
cc: Steve Dombrovski
Steve Nielsen
60-3947
I
215 NORTH ADAMS
MASON CITY, IOWA 50401
(515) 424-6344
FAX 15151 424-0351
EQUAL OPPORTUNITY
EMPLOYER
June 10, 1994
Prior Lake Commercial Development
Pleasant Street and Hwy 13
Prior Lake, Minnesota
A. PROJECT TEAM
APPLICANTIDEVELOPER
Mr. Steve Nielsen
5788 - 150th Street
Prior Lake, N.IN 55372
Phone: 612-447-6541
LEASINGIDEVELOPl\1ENT CONSULTANT,
Mr. Steve Dombrovski
Suntide Realty Services, Inc.
International Centre
900 - 2nd Avenue South, Suite 490
~eapolis,N.IN 55402
Phone: 612-333-3962
Fax: 612-333-6938
ARClITTECT/ENGINEER/SURVEYOR.
Mr. Christopher W. Colby, AlA
Yaggy Colby Associates
717 Third Avenue SE
Rochester, N.IN 55904
Phone: 612-681-9040 (Metro)
Fax: 507-288-5058
June 10. 1994
Prior Lake Commercial Development
Pleasant Street and Hwy 13
Prior Lake, Minnesota
.D. DEVELOPMENT DATA
Proposed Building Area
Lot Coverage of Building
Parking Required
Retail Space "A" Chinese Restaurant
Retail Space "B" Main Avenue Video
Retail Space "C" Taco Hut
Parking Proposed
Std. stalls 9' x 18' - 33
handicap per ADA stds. -2
total 35
Zoning Standards
Minimum lot area
Minimum lot width
Minimum Yard Setbacks
Front
Side
Rear
ParkinglDrive Lanes
. 39,939 SF (.84 acres)
. B-2 Community Business
. B-2 with c.u.P. for fast
food restaurant
. 8,608 SF
. 21.6%
. 70
. 450 SF + 75 = 6 cars
. 4,273 NSF + 200 = 21 cars
. 645 NSF + 15 = 43 cars
. 3 5 (variance)
Site Area
Existing Zoning
Proposed Zoning
. 20,000 sq. ft.
. 120 ft.
. 50 ft.
. 0 ft,
. 0 ft.
. 0 ft.
C. LEGAL DESCRIPTION
Lot 3, Block 1, and Outlot 'B' Langhorst 1st addition, according to the plat thereof on file at the
County Recorder's office, Scott County, Minnesota.
June 10, 1994
Prior Lake Commercial Development
Pleasant Street and Hwy 13
Prior Lake, Minnesota
D. REQUEST
Submission is presented to the City of Prior Lake requesting revIew and approval of the
following:
1. Site plan review for a 8,608 SF commercial building on a .84 acre site at the northwesterly
comer ofHwy 13 and Pleasant Street.
2. Conditional Use Permit for fast food restaurant within a B-2 (community business) zoning
district,
3 . Variance from ordinance parking requirements.
E. SilL DESCRIPTION
The site is currently a vacant area, Topography is gradually sloped with a 5-6 foot elevation
change over the site. Site surface water drainage currently flows from the northwest comer of the
site (high point) into Pleasant Street to the south and MN Highway 13 to the east, Existing
adjacent land uses are commercial to the north and west with a liquor store and a hardware store
to the north and a bar, auto body shop and a single family residence to the west. The buildings to
the west are in poor condition and have been identified by the city as a prime area for
redevelopment.
F. PROPOSAL
The site is proposed to develop as an 8,608 sq. ft. strip mall with a 2,054 G.S.F. "Taco Hut" fast
food restaurant, a 5,342 G.S.F. "Main Avenue Video Store" and a 1,125 G.S.F. Chinese sit down
restaurant. The "Main Avenue Video Store" will be relocating to the proposed development from
the small strip mall directly to the north of the proposed development, It is owned and operated
by this project's developer, Mr. Steve Nielsen,
The architecture is a one-story structure approximately 16 feet to 20 feet in height with a 100 feet
by 90 feet foot print. The exterior will be off white stucco which will be complimentary in style,
color and height to the existing shopping center to the immediate north, The back sides of the
building (north and west) will be constructed of painted concrete block. The trash enclosure will
also be concrete block with wood gates to provide a compatible appearance,
June 10, 1994
Prior Lake Commercial Development
Pleasant Street and Hwy 13
Prior Lake, Minnesota
Signage will include a pylon sign at the proposed northeast entrance into the parking lot with wall
signs located along the east and south facades, A small drive-thru sign will guide customers to
the order board and pick up windows to the proposed Taco Hut restaurant. All proposed signs
will comply with the ordinance regarding size and height. Appropriate state and federal signage
will be provided for the handicap parking,
Exterior security lighting will be provided along the north and west exterior walls of the building
with the appropriate cut-offs to limit off-site glare. No parking lot lighting is proposed.
Landscaping is proposed to meet the landscape ordinance requirements for quantity of materials
and appropriate level of screening. Shrub massings are used along Pleasant Street and Highway
13 to screen the parking area and under the pylon sign entry point and key visual locating for
focal enhancement. The overall intent is to screen views of the service and parking areas, soften
the building and provide appropriate visibility at the site entry and of the building and signage,
Drive thru stacking is provided for 5 cars. Taco Hut indicates this is adequate for their
anticipated peak demand. Also, the Northwestern University Traffic Institute provides the
following calculation to detennine appropriate stacking:
Stacking length = 20 ft x the number of drive-thru vehicles that can be
expected to be stored in a 15 minute period.
Taco Hut indicates three minutes is the typical average for each transaction, Therefore five stalls
is appropriate. Another scenario is that this proposed store is expected to have 200 transactions
per day with 30% expected to be drive-thru.
200
x 30%
60
transactions
drive-thru
total expected drive-thru transactions per day
40
transactions expected for peak lunch period (11 :00 am - 1 :30 pm)
5
transactions expected for peak 15 minute period
If the last drive-thru space is filled, customers can continue to an open parking stall adjacent to
the building.
June 10, 1994
Prior Lake Commercial Development
Pleasant Street and Hwy 13
Prior Lake, Minnesota
G. CONDmONAL USE PERMIT
The proposed use requires a conditional use permit within the B-2, community business zoning
district. The following comments relate to the listed "Criteria for Approval" as found in the
zoning ordinance.
1. The proposed use is an allowed conditional use within the existing zoning district. The
proposed site plan conforms to or exceeds all general regulations of this ordinance (except
as per requested parking quantity variance. See following discussion for this request).
2. There will be nothing associated with the construction or operation of the proposed use
that would be dangerous, injurious or noxious to any other property or person and comply
with the performance standards,
3. The proposed use is sited. designed and landscaped to produce a harmonious relationship
between structure, site and adjacent land uses.
4. The proposed project will fit visually with the neighborhood. The architecture has a
residential character for transition to the single family neighborhood and materials
compatible with the adjacent commercial use. Landscaping will soften, enhance and
screen as appropriate.
5. The entry point provides adequate visibility at the public street. The distance from
adjacent street intersections avoids any potential conflict. Internal traffic circulation
provides for smooth movement and ease of parking, Adequate parking is proposed,
6. . The proposed use fully complies with the objectives of the zoning ordinance and is
consistent with the Comprehensive Plan.
7. There are no Conservation District issues to address.
June 10, 1994
Prior Lake Commercial Development
Pleasant Street and Hwy 13
Prior Lake, Minnesota
Performance Standards for Conditional Uses
1. There are no flammable or explosive materials handled or stored on site that would create
a unique fire hazard.
2. There are no activities that would create an electrical disturbance.
3. There are no objectionable noise generators that are involved with this use.
4. There are no activities that generate vibrations.
5. There are undesirable odors generated from this use.
6. There are no air-borne pollutants produced,
7. Lighting will be controlled to avoid undesirable glare on adjacent property and roadways.
8. Erosion will be controlled during and after construction by appropriate methods (i.e.:
erosion control fabric, landscaping, ground cover, rip-rap spillways, etc.).
9. The proposed use will confonn to the water pollution standards of the Minnesota
Pollution Control Agency. No unique water pollutants would be generated by this site
and proposed use,
H. VARIANCE REOUEST
The (turrent zoning ordinance requires that the proposed use provide 70 parking stalls. Based on
the perfonnance of other similar restaurants, this amount of parking is in excess of what is needed
to operate at acceptable levels. Therefore, a variance is requested for 35 parking stalls.
June 10, 1994
Prior Lake Commercial Development
Pleasant Street and Hwy 13
Prior Lake, Minnesota
Similar Use Comparison
For the purpose of comparison we have used the same list of restaurant buildings as submitted by
the Prior Lake Subway restaurant for a parking variance. These Subways are nearly identical to
the Taco Hut use for comparison with 36-40 seats and drive-thru operations. All are functioning
at acceptable levels with available parking.
.
Monticello, MN
Fergus Falls, MN
Mankato, MN
New Prague, MN
.
26 parking stalls
25 parking stalls
20 parking stalls
20 parking stalls
.
.
.
.
.
.
Other Community Experience
A number of Twin City area communities were also checked regarding how they determine
parking needs. Of the 20:t communities reviewed, a few also used Prior Lakes ratio of 1 stall per
15 sq. ft. of floor area. Definitions of floor area ranged from the seating/public counter area to
the entire building. This ratio typically is listed for drive-in restaurants within most ordinances,
meaning the older style, drive-in with car hops, which usually had no interior seating or service
areas.
Below is a sampling of various ordinance parking standards for class II, fast food type restaurants,
.
Prior Lake/Lakeville
1 stall per 15 sq. ft seating/counter area
645 sq, ft. + 15 =
Brooklyn Park
This city also had a 1 stall per 15 sq. ft. ratio
but applies it only to the older style drive-in,
Their ratio for fast food restaurants is:
1 stall per 35 sq. ft, of seating/counter area
645 sq. ft, + 35 =
Savage!ChaskalEden Prairie! Apple Valley
1 stall per 3 seats (Savage has a 1 stall per
20 sq, ft. standard for drive-ins but uses the
seating standard for fast food restaurants)
43 stalls
.
.
18 stalls
17 stalls
June 10, 1994
Prior Lake Commercial Development
Pleasant Street and Hwy 13
Prior Lake, Minnesota
.
St. Louis Park
1 stall per 25 sq. ft, seating/counter
645 sq. ft. + 25 =
Champlin
1 stall per 75 sq, ft, gross floor
2054 sq. ft. + 75 =
Blaine/St. Paul
1 stall per 100 sq, ft, floor
2054 sq. ft. + 100 =
Bumsvil1e
1 stall per 50 sq. ft, of usable floor area
1 stall per employee on largest shift
645 sq, ft, + 50 = 13 + 3 employees
Plymouth
1 stall per 2.5 seats plus 1 stall per
15 sq. ft. counter area (not applicable)
(50 seats + 2.5)
20 stalls
26 stalls
.
27 stalls
.
21 stalls
.
16 stalls
.
The communities checked vary from 16-27 stalls for "fast-food" facilities. This compares directly
to the 43 stalls required by the Prior Lake ordinance. The overall parking quantity that the
proposed site is capable of accommodating is 35 spaces, per the site plan. It is the developers
opinion that the proposed parking will be satisfactory to meet the requirements of this
development.
The following comments relate to the standards to be met for a variance approval. Even though
the ordinance states that all of the following requirements must be met, items 3 and 4 should take
an overriding precedent,
1. Literal enforcement of the ordinance would only result in an undue hardship with respect
to the property in that unnecessary additional land would need to be acquired to provide
parking in excess of that appropriate for safe and reasonable operation of the proposed
use.
2. There is no hardship unique to the property.
June 10, 1994
Prior Lake Commercial Development
Pleasant Street and Hwy 13
Prior Lake, Minnesota
3. The hardship is created by the parking provisions of the ordinance and is not the result of
actions by persons having an interest in the property. Earlier discussion points out that the
current ordinance is likely outdated and excessive in its parking requirements for this type
of use.
4. The variance is believed to be in the spirit and intent of this ordinance, produces
substantial justice and is not contrary to public interest. The ordinance intends to provide
adequate off-street parking appropriate for the proposed use such that it will protect the
health, welfare and safety of the general public. The examples provided in earlier
discussion should demonstrate that the proposed parking is adequate for the intended use
and will not create an undo hardship on the owner, city or general public.
"
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INTEROFFICE MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
tJ: HORST GRASER, DIRECTOR OF PLANNING
BRUCE LONEY, ASSISTANT CITY ENGINEER
J I CONDITIONAL USE PERMIT/SITE PLAN FOR
STEVE NIELSEN
JUNE 8,1994
The following comments are from the Engineering Department review of the above
referenced site:
Sheet No. CI
1.) The existing 6" watermain service needs to be shown. Also sanitary
sewer and watermain connections to future building should be shown.
2.) A Minnesota Department of Health permit is required for extending a
6" water service,
3.) Additional hydrants may be required by the Building Department.
/
4.) The sanitary sewer line does exist on Lot 1 and 2, Block 1, Cates
Addition, however, the sanitary sewer easement is not recorded per
Scott County Recorder's Office. The sewer line has been in place for
approximately 30 years and this site needs to connect to this line.
Sheet No. Al
5.) The driveway to Pleasant Street is too close to the existing hydrant.
Also this driveway is located l' from the property line, This location
may result in two driveways with little separation. Since Pleasant
Street is a Municipal State Aid Street, a minimum distance between
driveways is required and would be at least 20' from edge to edge
separation.
6.) Concrete approach for driveways should conform to MnDOT Standard
Plate No. 7035J for commercial driveways.
7.) Concrete curb and gutter should be used along the westerly side of the
site through the drive through area. Also along the north side of the
site to prevent cars from traveling to the adjacent parking lot
pavement.
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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BLILDI\G SHELL DESIG \
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PRIOR
SITE LOCA l10N
_A<-
LAKE,
'lEASANT ST. ~
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COM v1 : ~C A -
) :V _ _0 'M _ ~T
MINNESOTA
OVVNER! DEVELOPER
LEASINC CONSULTANT
MR. STEVE DOMBROVSKI, CMD, CSM
SUNTIDE REALTY SERVICES. INC.
INTERNATIONAL CENTRE
900 2ND AVENUE SOUTH - SUITE 490
MINNEAPOLIS. MINNESOTA SS402
PHONE NO. 16\21 333-3962
FAX NO. (6121 333-6938
MR. STEVE NIELSEN
S7B8 - lS0TH STREET
PRIOR LAKE, MINNESOTA
PHONE NO. (612) 447-6S41
ARCHITECT
YAGGY COLBY ASSOCIATES
717 THIRD AVENUE SOUTHEAST
ROCHESTER. MINNESOTA S5904
PHONE NO. (507) 218-6464
fAX NO. (S07) 2ee-50SB
STRUCTURAL ENCINEER
LS ENGINEERS, INC.
104 WEST fEUY STREET
LESUEUR, MINNESOTA, 560SB
PHONE NO. 16\21 66S-62SS
FAX NO. (6121 665-681B
MECHANICAL I ELECTRICAL ENGINEER
DESIGN/ BUILD BY CONTRACTOR
BUILDING CODE INFORMATION
APPLICABLE CODES: UNifORM BUILDING CODE 1988 edlllon
BLDG. OCCUPANCY TYPE: Bi (RETAIL, OffiCE)
S-N
NOT REQUIRED .
BASIC ALLOWABLE AREA 8,000 SQ.FT.
TWO SIDEYARD INCREASE ( SO'll. MAXIMUM - 4000 SQ. FT. )
TOTAL ALLOWABLE BUI.OlNG AREA. 12,000 SQ. fT.
ACTUAL BUILDING AREA: PROPOSED BUILDING - 8,60B .SQ.fT.
ZONING CODE INFORMATION
CONSTRUCTION: TYPE:
fiRE PROTECTION:
ALLOWA8LE AREA:
SITE AREA:
BUILDING AREA:
ZONING DISTRICT:
SETBACK REQUIRED:
PARKING REQUIRED:
PARKING PROVIDED:
36,939.9 SQ. fT. (0.84 ACREl
8,60B SQ. FT.
B-2 COMMUNITY BUSINESS .
fRONT- SO fT. BACK- 0 fT. SIDE - 0 fT.
PARKING SPACES - 3S SPACES (BASED ON 20% UNOCCUPIED SPACE I
PARKING SPACES - 3S SPACES
. - CONOI11ONAL USE PfRMlT REQUIRED fOIl DRM-UP WINDOW
SIfiT NJEX
COVER
Gl
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Al
A2
A3
A4
AS
A6
A7
A8
A9
AID
All
A12
A13
SPEC 1
SPEC2
SPEC3
SPEC4
SPECS
SPEC6
COVER SHEET, SHEET INDEX, CODE INFO.
GENERAL INFORMATID'"
SITE SURVEY
SITE PLANI ROOF PLAN
GRADING PLANI LANDSCAPING PLAN
FOOTING AND FOUNDATION PLAN
ROOF FRAMING PLAN
1/8' BUILDING FLOOR PLAN
SCHEDULES
1/8' REFLECTED CEilING PLAN
1/8' EXTERIOR ELEVATIONS
1/4' BUILDING SECTIONS
3/4' WALL SECTIONS
DETAILS
STRUCTURAL DETAILS
STRUCTURAL NOTES
SPECIFICATIONS
SPECIFICATIONS
SPECIFICATIONS
SPECIFICATIONS
SPECIFICATIONS
SPECIFICATIONS
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