HomeMy WebLinkAboutVA94-26 Burdick Variance
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CITY OF PRIOR LAKE
APPLICATION FOR VARIANCE
Applicant: S + e V f () '-:-\, (~' ,; uL cK
Address: /~I Sf)rUlc, Au;::. S, t.u
Property Owner: ~,. ~ f_ '
Address: Sci fYl t.,
Type of Ownership: Fee X Contract
Consultant/Contractor: nOt\ i:
,Horne Phone: to I:) - l( L( 7- ?,;) '19
Work Phone: (I'll;), - 55'7 - C1.;J SO
Horne Phone:
Work Phone:
Purchase Agreanent ......-
Phone:
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:i~~~r~ ~",.lf Present Zoning: ,~:~~,?l(;
Legal Description
Of, :rariance Site':Jt 50",+ s-\-r:~_~J)( Jt 11L! ()\- Griff\. H~iao.k L fit-MrI" 1~IDr1- rLol'tA'erI'-:L
Van~ce Request~,.J 0 ~ FA"'4- +no h 17 'T' Iii? , / I
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Has the applicant previously sought to plat, rezone, obtain a variance or conditional
use permit on the subject site or any part of it? v- Yes N:>,
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What was requested: f..1'iT nCi '~\ ~';' d ;:. I-IJ..!(. v:Jv:2,iff''-, D t", (c-/'CA) .,,~::,\--, (1fJ' ','!/' C:'( iJ V'<'>(1.' i
When: '--I - / L. - c" ) Disposi tion: A {') ,1 /","11, ',- d .
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Describe the type of improvements proposed:
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SUBMISSION REDUIREMENl'S:
(A)Cornpleted application form. (B)Filing fee. (C)Property SUrvey indicating the
proposed developnent in relation to property lines and/or ordinary-high-water mark;
proposed building elevations and drainage plan. CD)Certified from abstract firm,
names and addresses of property owners within 100 feet of the exterior boundaries of
the subject property. (E)Complete legal description & Property Identification Number
(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 ACCEPI'ED AND REVIEWED BY THE PLANNI~ cn1MISSION.
To the best of II'!Y knowledge the information presented on this form is correct. In
addition, I have read Section 7.6 of the Prior Lake Zoning Ordinance which specifies
requireme.-;.ts for: V'aria.'1ce procedures_ I agr,=e to provide information and follow the
procedures as outlined in the Ordinance. . - \2: ~ -
Submitted this;P':ty of . i-;i\f' , ,193-'-1 'li:,:~~~
Fee CMners ~ignature \ "-...J
THIS SPAjE IS '10 BE FILLED OUI' BY THE PLANNI~ DIROCTOR
PLANNING cn1MISSION \ APPROVED DENIED 8 -Ii ~ q if DATE OF HEARI~
CITY COUN:IL APPEAL 'APPROVED DENIED mTE OF HEARIN;
OONDITIONS: c;etj A1fPrU1Bb
JjJlP/(Yl1YJiJ; tl1i10 A~rJ1icd1./ r W!Ju1)/ ~ -q -qq
Signature of the Planning Director Date
25-102 - 02&-0
"VARFM"
VARIANCE CHECK LIST
SUBJECT SITE:
J050 I sprlnq A-v6. SW
steven Bu Y>-~' c1(
APPLICANT:
SCHEDULE HEARING DATE:
CHECK
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DNR NOTICE IF SHORELAND:
PREPARE AREA MAP:
APPLICANT NOTICE:
PROPERTY OWNERS NOTICE:
NOTICE TO ~ - ENGINEERING
V[Y'rVn
NOTIFY OTHERS:(
Scott County
Watershed District
MNOOT
Other
COMMISSION AGENDA PACKETS:
\/' Staff Memo
./ Application Form
,/ Copy of Public Notice
./
Applicable Maps
Copy of Parcel Info.
Other Applicable Info.
STAFF ACTIVITIES
MAIL COPY OF APPLICATION AND vi
REQUIRED CONDITIONS TO APPLICANT:
MAIL COPY OF APPLICATION AND ~
CONDITIONS TO DNR:
GIVE COpy OF APPLlCAITON AND vi
CONDITIONS TO BLD. INSPECTOR
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ASSIGN FILE NUMBER:
ADD PERMIT TO PROPERTY MGMT:
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FILE BY: File #: VA qy-lJp Applicant: J; L1rtvt &Aldi[Ju ,
Legal: A "O'~ r in OtA'lotJ\ Address :l.ff?(f!/ ~n~ ftvi.,. f.,W
IVIM (W(-l1'lV\lv l' ~1v U1? i111~ plwt- oV Gr H-13 l"t' Addn
FILE SHOULD CONITAIN: / U .
~/ Staff Memo /APPliCable Maps and Documents
v' / Original Application v'. Copy of Public Notice
v Copy of Notice to OWnersv' Correspondence
Planning Corom. Minutes Council Minutes if Applicable
v/ Other Information
/
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AMEND VARIANCE SUMMARY SHEET:
August 9, 1994
Steven Burdick
16561 Spring Lake Avenue SW
Prior Lake, MN 55372
Dear Mr. Burdick,
The following variances from Zoning Ordinance 83-6 were approved by the Prior Lake Planning
Commission on August 4, 1994:
1, A 4,5' east rear yard variance from the 25' rear yard setback requirement.
2, A 4' north side yard variance from the 10' side yard setback requirement.
3. A 4.32% impervious surface variance from the 30% impervious surface maximum.
This variance will expire on August 4, 1995. If you have any questions, please feel free to
contact me at 447-4230.
Sincerely,
ftuwinfYILtthac
Gina M. Mitchell
enc.
ee. File
4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
VA26PR
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
PRESENTER:
PUBLIC HEARING:
DATE:
1
CONSIDER VARIANCE REQUEST FOR STEVEN BURDICK
GINA MITCHELL, ASSOCIATE CITY PLANNER
_YES XNO
AUGUST 4, 1994
INTRODUCTION:
The Planning Department has received a variance application from Steven Burdick of 16561 Spring
Avenue SW. The applicant is requesting the Planning Commission to approve the following variances
from Zoning Ordinance 83-6 to construct a 10' x 34' deck addition as indicated on the attached survey:
1. A 4' north side yard variance from the 10' side yard setback requirement.
2, A 4.5' east rear yard variance from the 25' rear yard setback requirement.
3. A 4.32% impervious surface variance from the 30% impervious surface maximum.
PHYSIOGRAPHY:
The subject site is 50.09' wide and 100' deep, containing 5,026 square feet of lot area. The site slopes
from the front of the lot to the rear of the property with about 15' of relief, Along the rear and north
property line exists Outlot 1 which contains a wetland that the City has a drainage and utility easement
over. The area in Outlot 1 adjacent to the site along the north of the site is heavily wooded. There are no
significant trees that will be impacted by the construction of the deck as proposed.
ADJACENT USES:
The subject site is located in the fully developed single family neighborhood of Green Heights First
Addition. This subdivision was platted in 1957 within Spring Lake Township, and annexed into the City
of Prior Lake in 1973.
There are many substandard lots in this area which have been combined, There are three properties,
including the applicant's. on Spring Avenue which have received variances. The variances that have been
approved include minimum lot area, side yard, front yard, and rear yard variances.
PLANNING CONSIDERATIONS:
In 1992 the Planning Commission approved a 4' north side yard variance and a 5,000 square foot
minimum lot area variance to the subject site. The applicant is proposing to construct a deck that would
not encroach the north side yard further than the existing home.
The only reasonable expansion area of this home is toward the rear of the lot which boarders on a wetland
which will never be developed. The 4.5' rear yard setback variance will not pose any problems to the
area development, nor be detrimental to the property values.
In February of 1994, the City of Prior Lake adopted Ordinance 94-05 which requires hard surface
driveways for new construction of residential units. Prior to the adoption of this Ordinance, the City had
no way of monitoring that the impervious surface maximum was not exceeded because a pemlit is not
required to surface a driveway,
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
In 1992 a building permit was issued for the construction of the applicant's home. The survey submitted
did not indicate that the proposed driveway was going to be a hard surface. Had the survey indicated a
hard surface driveway, the building permit would not have been issued because the impervious surface
maximum of 30% would have been exceeded, Some time after the final inspection had been completed
by the Building Department the driveway was surfaced, This driveway caused the impervious surface
coverage on the subject site to be 34.32%. The proposed deck is not included in the calculation of
impervious surface since water is able to absorb into the ground. The side and rear yard variance requests
for the construction of the deck triggered the need for an impervious surface variance, If the site met the
minimum lot size requirement in the Shoreland District of 10,000 square feet the applicant would only
have 17% of impervious surface coverage, The 4,32% impervious surface variance is reasonable under
the circumstances because the site is a substandard legal non-conforming lot.
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 finding lack of demonstrated hardship.
RECOMMENDATION:
The recommendation from staff is Alternative #1. Staff recommends that the Planning Commission grant
the 4' north side yard, 4,5' east rear yard, and 4,32% impervious surface variances as requested.
Variance Hardship Standards:
1. Literal enforcement of the Ordinance would result in undue hardship with respect to the
property.
The applicant should be able to use his property in a similar manner as others who own single
family lots. The applicant has a small substandard lot, with the only reasonable area of expansion
being to the rear of the lot. This expansion will not effect the development in the area because of
the adjacent wetland which will not be developed.
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 Spring
Lake Township. The standards of Spring Lake Township 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 variance requested is consistent with the development pattern in the area, and is reasonable
under the circumstances. It observes the spirit and intent of the ordinance and would not be
detrimental to the health, safety, and welfare of the community.
BURDICK VARIANCE
SUBJECT SITE
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CERTIFICATE
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SURVEY
Engine.ring
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Survey for. Srsv' f..SUE BU"'DIC~ l Job No. !17t:J1
P!llJPell1'Y OE5CeIPiJON
A 50 foot strip of land In Outlot 1. lying northerly and adjacent to Lots 17 and 18, plat of
GREEN HEIGHTS FIRST ADDIT10N. according to the plat thereof on file and of record In the
office of the County Recorder. In and for Scott County, Minnesota.
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PLANNING COMMISSION
MINUfES
August 4, 1994
The August 1994, Planning Commission Meeting was called to order by Chaitman Arnold at 7:00 P.M.
Those present were Commissioners Roseth, Arnold, Loftus, Vonhof, Kuykendall, Assistant City Plamer
Deb GalTOSS, Associate Planner Gina Mitchell, Blaire Tremere, and SecretaIy Rita Schewe.
REVIEW MINUTES 0 F PREVIOUS lVIJ.<E I.l.NG
MOTION BY ROSElli, SECOND BY VONHOF, TO APPROVE THE MINU1ES AS WR1l1cN.
Vote taken signified ayes by Roseth, Vonhof, Kuykendall, Loftus, and Arnold. MOTION CARRIED.
ITEM I - STEVEN BURDICK- VARIANCE
Steven BlU'dick, 16561 SpIing Avenue SW, stated he would like to build a 10 X 34 foot deck on the back of
his home and is requesting three valiances.
Gina Mitchell, Associate Planner presented the infOlmation as per p1a.nnillg rep01t of August 4, 1994. The
valiances requested are; a 4 foot nOlth side yard vmiance, a 4.5 foot east rem' ymu variance, and a 4.32%
illll^-'l vious sUlface Valiance. At the time of the building permit, it was not required to sUlface a chiveway
therefore when the illiveway was covered. after final inspection, it did not meet the im}elvious sUlface
maximum requirement The subject site is 50.09 x 100 feet and slopes from the front to the rear with about
15% of relief. The rear and n01th propelty line are adjacent to Outlot I which is a wetland and heavily
wooded. The only reasonable expansion m'ea is towmu the rear of the lot and would not encroach the north
side any fUl1her than the existing house.
Comments from the Commissioners were in SUPPOlt of the application request, meets hm'dship clitelia, and
felt it was reasonable.
MOTION BY VONHOF, SECOND BY LOFTUS, TO APPROVE FOR 16561 SPRING AVENUE SW,
THE FOLLOWING VARIANCES; (1) A 4 FOOT NORm SIDE YARD VARIANCE FROM THE 10
FOOT SIDE YARD SclHACK REQUIREMENT: (2) A 4.5 EAST REAR YARD VARIANCE FROM
THE 25 FOOT REAR YARD SETBACK REQUIREMENT: (3) A 4.32% IMPERVIOUS SURFACE
VARIANCE FROM THE 30% IMPERVIOUS SURFACE MAXIMUM. RATIONAlE BEING THE
SUBJECf ~llc IS A SUBSTANDARD LOT OF RECORD, WAS PLAlltlJ UNDER THE
JURISDICITON OF SPRING LAKE TOWNSHIP, HARDSHIP IS CAUSED BY APPLICATION OF THE
CURRENT ORDINANCE AND NOT THE RESULT OF THE PROPERlY OWNER, AND WOULD
NOT BE DE1RlMENTAL TO THE HEALTII AND WELFARE OF THE COMMUNITY
Vote taken signified ayes by Vonl10f, Loftus, Arnold, Kuykendall, and Roseth. MOTION CARRIED.
A recess was called at 7:10 P.M. until the next scheduled agenda item. The meeting was reconvened at 7:20
P.M.
PLANNING COMMISSION
August 4. 1994
Page 1
DI'~ R t"j E T R 0 REG I[H'~
TEL:612-?72-?9?7
Rug 01,94
'9 : 35 i'j CJ . 00 3 P. 0 3
NOTICE OF HEARING
FOR VARIANCE APPLICATION
-1IA2Gt>N'
You arc hereby noti1ied that the Prior Lake Planning Commission wiU hold a healing in the City Council
Chambers located at City Hall. 4629 Dakoti'! Street S.E. on:
Dale:
Tf{IJRSDAY. AllGIJST 4.1994
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APPLICANT:
Steven Burdick
SUBJECT SITE:
1656] Spring Avenue SW
A 50' strip of land in Outlot 1, lying northerly and adjacent to Lots 17
and 18, plat of Green Heights First Addition, accon.ling to the plat
thereof on file and of record in the office of the County Recorder. in and
for Scol1 County, Minnesota.
REQUEST:
The applicant proposes 10 construct a lCf x 34' deck as Indicated un the
allached survey. In order to construct the deck as proposed. the applicant
reque!\ls ThaI the Planning Commission gram (he following variances
from the requirements of Prior Lake Zoning Ordinance 83,6:
L A 4' nonh side yard variance from the 10' side yard setback
requirement.
2, A 4.5' east rear yard variance from the 25' rear yard setback
requirement.
3. A 432%. impervious sUlface variance from the .,0% maximum,
Ii you (Ire interes1ed in this issue, you should el!lend the hearing, The Planning ConnnisslOn will accept
oral Unti/C>T wriuen comments. Questions related to this hearing should ~ directed to the Prior Lake
Planning DeraIlment by calling 447-4230 between the hours of 8:00 a,m. and 4:30 p,m, Monday through
Friday.
Prior Lake Planning Commission
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Dalt Mailtd: July 2G. 1~94
4629 Di'ikoti1 St, S.E.. Prior Ulke, Minnesota 55372-1714 I Ph. (612) 447-4230 I fax (612) 447-4245
AN EQUAL OPt'aRTUNlTY EMPLOYER
"VA26PN"
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. AUGUST 4. 1994
Time:
7:00 P.M.
APPLICANT:
SUBJECT SITE:
Steven Burdick
16561 Spring Avenue SW
A 50' strip of land in Outlot 1, lying northerly and adjacent to Lots 17
and 18, plat of Green Heights First Addition, according to the plat
thereof on file and of record in the office of the County Recorder, in and
for Scott County, Minnesota.
REQ UEST:
The applicant proposes to construct a 10' x 34' deck as indicated on the
attached survey. In order to construct the deck 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 4' north side yard variance from the 10' side yard setback
requirement.
2. A 4.5' east rear yard variance from the 25' rear yard setback
requirement.
3. A 4.32% impervious surface variance from the 30% maximum.
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,
Pt-iOl- Lake Planning Commission
Date Mailed: July 26. 1994
4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
NEW ABSTRACTS
CONTI NUA nONS
CLOSING SERVICE
REGISTERED PROPERTY ABSTRACTS
TITLE INSURANCE
RECORDING SERVICE
v' A1-lo M ~
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
May 13, 1994
Susan Burdick
16561 Spring Avenue SW
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 owners of property which lies within 100 feet of the following
,described property:
A 50 foot strip in Outlot 1, Green Heights First Addition lying northerly and adjacent
to Lots 17 and 18, Green Heights First Addition, according to the plat thereof on file
and of record in the office of the County Recorder, Scott County, Minnesota.
Randy M Dement \1/:) ,~'Li
643 Dardanelle Lane
Shakopee, Mn 55379
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Betty Jean Scherer
3894 Green Heights Trail
Prior Lake, Mn 55372
Mike V Lambert
643 Dardanelle Lane
Shakopee, Mn 55379
Herbert & Debra VanValkenburg
3945 Green Heights Trail
Prior Lake, Mn 55372
Allan C & Vicky J Gigstad
16556 Spring Avenue SW
Prior Lake, Mn 55372
William A Richards & Wife
3934 Pershing Street SW
Prior Lake, Mn 55372
Paul J Cater
16590 Spring Avenue
Prior Lake, Mn 55372
Mark M & Marie A Rivers
16581 Spring Street SW
Prior Lake, Mn 55372
o ~'Pl"l
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David E Moonen
President
MEMBER MINNESOTA LAND TITLE ASSOCIATION
AGENT FOR CHICAGO TITLE INSURANCE COMPANY
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