HomeMy WebLinkAboutVA94-35 Christensen Variance
VA9y'-X
PIDt lJS~ Cf'3'-1-01 s-o
.l..ni OF PRIOR LAKE
APPLICATION roR VARIAOCE
Applicant: JAMES W. C:HRT STFNSFN
Address: 32 7 0 154 t 11 S T _ N. W .
Property CMner: JAMES \AI. Cli.RI.S.TFNSP.N
Address: 3270 1,54 t11 ST. N. W.
Type of CMnership: Fee Contract
Consultant/Contractor: ERIC JOHNSON
Home Phone: 447-~nR7
Work Phone:
Home Phone:
Work Phone:
Purchase Agreanent
Phone: 44 R - ~ ~ 7 7
Existing Use
of Property: RESIDENTIAL Present Zoning: RESIDENTI(\L
Legal Description THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST
of Variance Site: QUARTER OF SECTION THIRTY-FOUR (34). TOWNSHIP ONE HUNDRED
Variance ~ested: FIFTEEN (115) RANGE TWENTY TWO (22) EXCEPT THE EAST 327 FT.
TO BY PASS THE 330 FEET REQUIRED BETWEEN NEW CONSTRUCTION AND EXISTING
BUILDINGS TO 150 FE~T, SO THAT NEW CONSTRUCTION CAN GO WHERE FORMER HOUSE WAS.
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}b
What was requested:
When: X Disposition: X
Describe the type of improvements proposed:
CONSTRUCT NEW HOME TO REPLACE
HOME THAT BURNED
&JBMISSION REQUIREMENl'S:
(A)Completed 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. (D) 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 nap
at 1"-20 '-50' shCMing: The site developnent plan, buildings: parking, loading,
access, surface drainage, landscaping and utility service.
ONLY COMPLETE APPLICATIONS SHALL BE ACI...~~'.l:J.J AND REVIEWED BY THE PLANNIl\G <n1MISSION.
To the best of my 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
requirements for variance procedures. I agree to provide information and follCM the
procedures as outlined in the Ordinance. /I , /)/ - A- ~,
( I,r:;'~~ 4/ (!~~,~--.-J
~licants Signature
SUbmitted this
day of
19_
Fee Owners Signature
THIS SPACE IS 'lD BE FILLED OUT BY THE PLANNIl\G DIRl:.\.;~\)R
PLANNING mMMISSION ~PROJED DENIED J {) - /1 - '/4 DATE OF HEARHl;
w'rl COmOL APPEAL Ar'l"MJVED DENIED JlZ\TE OF HEARIN3
CONDITIONS:
J
}O~evJ(1/~
Signature Ot the PI arming Director
(O~(~. 94
Date
''V ARFM"
VARIANCE CHECK LIST
FILE #:
~(A eM - 3~) PID: J; "'C1~i-OI5;,O
\Jtl~~ w I C,ttyi~lR.,vt){ n
37..1 n l5~tvl -=u+, N v0
APPLICANT:
SUBJECT SITE:
LEGAL DESCRIPTION:
STAFF ACT1\' ITlliS:
1. SCHEDULE HEARING: ID~I'}., ii"
DATE: J l-{
TIME: A. ~b D.,'Y\.
I
DATE COMPLETED:
1()~3- q1
2. PREPARE AREA MAP:
3. PREPARE NOTICE:
Applicant
Property Owners
Verlyn - Engineering
DNR (if Shoreland)
Others:
1lJ~1- qJ
IQ/~~~
I ()- ), . qc.f,
i () ),-0'1
f{y 3-11'1
N{fI
Scott County
Watershed District
MNDOT
Other
PLANNING COMMISSION AGENDA PACKETS:
~. Staff Report
,Application Form
1/ Applicable Maps
:::: Public Notice
. . Correspondence
,/ Other Information
STAFF ACTIVln~S: (After Planning Commission/City Council Action)
1. MAIL COPY OF APPLICATION, APPROVAL LETTER ("VARAPL"), AND
REQUIRED CONDITIONS TO:
Applicant ^
Building Inspector D M\ftz)
DNR (if Shoreland)
DATE CO~LETED:
/~-/~f.J-
II-:/-q<f
r\JI t\ '
.
V
2. AMEND VARIANCE SUMMARY SHEET
3. ADD PERMIT TO PROPERTY MANAGEMENT
4. CREATE FILE LABEL
i/
V
FILE SHOULD CONTAIN:
I Application Form
,/ Staff Report
i:/ Applicable Maps
,// Public Notice
~- Correspondence
v Planning Commission Minutes
City Council Minutes
Other Information
.V A3511'
November 1, 1994
Mr. James Christensen
3270 154th ST NW
Prior Lake, MN 55372
Dear Mr. Christensen,
The following variances from Zoning Ordinance 83-6 were approved by the Prior Lake Planning
Commission on October 13, 1994.
1. A 200 foot North setback variance to the existing barn to the North of the proposed
building site.
2. A 105 foot East side setback variance to the exiting pole barn to the east of the subject
site.
This variance will expire on October 13, 1995. If you have any questions, please feel free to
contact me at 447-4230.
Sincerely, I
JJ1~Lacl.W~
Deb Garross
Assistant City Planner
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
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-PROPERTY DESCRIPTION-
~"'.
-SURVEYORS CERTIFICA TION-
I hereby certify that this survey, plan or ~Jr~~~X'~~ If g
report was prepared by me or under my
direct supervision and that I am a duly -
Registered Land Surveyor under the laws Of. ; SIGMA
, SURVEYING
the It.ate of Minnesota, . _ SERVICES INC.
tV~ fl ~ Date: 'O/r<j /1'1'\ ~_ _ '~~;.';"~.~.
Wayne 0: Cordes, Minn. Reg. No. 14675" Phone: 1812) 4U.30n
The West Half of the Southeast Quarter
of the Northwest Quarter of Section 34,
Township 115, Range 22, Scott County,
Minnesota, EXCEPT the East 327.00.f:et
thereof. Subject to Highway / Ut,l,ty
Easement over, under and across the
South ~ feet thereof.
( Area= 9.7 acres ~ gross area)
MOTION BY LOFlUS, SECOND BYR<bhl.tITO APPROVE THE FOLLOWING VARIANCES FOR
THE PROt'bKIY LOCAnv AT 15371 BRbhLY POINT ROAD: A 4.35' NORfH SIDE YARD
VARIANCE FROM THE 10' SIDE YARD ShltlACK; 44' LAKESHORE VARIANCE FROM THE 75'
LAKESHORE ::>bl.tSACK; 5' FRONT YARD VARIANCE FROM THE 25' FRONT YARD Sbl.tSACK;
3% TIvJ.11:KVIOUS SURFACE VARIANCE FROM THE 30% INwbKVIOUS SURFACE MAXIMUM
AND A 2,706 SQUARE FOOT LOT AREA VARIANCE FROM THE 7,500 MlNlMUM LOT AREA
REQUlREMENT. RATIONAlE BEING THAT THE PROPOSAL IS CONSISTENT WITH THE
NEIGHBORHOOD. IT IS A SUBSTANDARD LOT OF RECORD AND WlLL NOT BE
Dhll<lMENTAL TO THE HEALTH AND WElFARE OF THE COMMUNITY
Vote taken signified ayes by Roseth, Kuykendall, Loftus, Arnold and Vonhof. MOTION CARRlED.
Recess was called at 7 :50 p.m. The meeting reconvened at 8:00 p.rn.
ITElvIll - VARIANCE/ COl'l~illJ!KREQUFSf FORJAMFS CHRlSTTh~m
The Planning Dep<ululent received an application for variance from James W. Christensen of 3270 154th
Street N.W. The applicant plU1JOseS to construct a new single family home. The previous home was built
in 1880 according to the Office of the Scott County Assessor, and destroyed by fIre within the past year.
The applicant p1V1JOseS to construct the new home on the previously occupied building pad. In order to
construct the home in the location p1V1JOsed the applicant requests the following variances from the Zoning
Ordinance 330' farm building separation requirement from new construction homes:
1. 200' north setback variance to the existing barn to the north of the p1V1JOsed building site.
2. 105' east side setback variance to the existing pole barn to the east of the p1V1JOsed building site.
M.t: Christensen explained the fIre that dfuuuyed his home and stated that he would like to rebuild on the
existing home site.
Assistant Planner Deb Garross presented the information as per the Planning report of October 13, 1994.
This 1-'lUJ:Nrty has been a farm site for years. There are no livestock on the site. Staff recommends a1-'1-'luval
of the variances as requested.
Connnents from Commissioners included: concern for neighbor's pole barn being located too close to
applicant's home; reasoning for 330' setback; no previous health problems related to the pre-existing home
being located closer than 330' to the barn; many farm sites are like this in the area.
MOTION BY LOFTUS, SECOND BY ARNOLD TO GRANT A 200' NORfH Shl.tSACK VARIANCE
TO THE EXISTING BARN TO THE NORm OF THE PROPOSED BUILDING SITE AND A 105'
EAST SIDE SbltiACK VARIANCE TO THE EXISTING POLE BARN TO THE EAST OF THE
SUBJECT ::>llb. RATIONAlE BEING HARDSHIP CRIltl<JA IN ZONING ORDINANCE HAVE
BEEN !vIET. THE VARIANCE WOUlD NOT BE CONIRARY TO THE HEALTH, WElFARE OR
SAl"hl.Y OF THE COMMUNITY
Vote taken signified ayes by Roseth, Loftus, Arnold and Vonhof. Nay by Kuykendall. MOTION CARRIED.
MOTION BY KUYKENDAlL, SECOND BY R<bbl.t1 TO RECON1MEND TO THE CllY COUNCIL
THPJ STAFF RESEARaI THE BASES FOR THE ZONING ORDINANCE Sbl.tSACK AND
SEPARATION STANDARDS FOR BARNS AND OUlBUILDINGS IN RELATIONSHIP TO TI-t.till:<.
DWEUJNGS.
Vote taken ayes by Kuykendall, Loftus, Arnold, Roseth and Vonhof. MOTION CARRlED.
PLANNING COMMISSION
October 13, 199tt
Page 2
"VA35PC"
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
SITE:
PRESENTER:
PUBLIC HEARING
DATE:
2
CONSIDER VARIANCE FOR JAMES CHRISTENSEN
3270 154TH STREET N.W.
DEB GARROSS, ASSISTANT CITY PLANNER
_YES -.XNO
OCTOBER 13, 1994
INTRODUCTION:
The Planning Department received an application for variance from James W. Christensen of
3270 154th Street N.W. The applicant proposes to construct a new single family home as per
attached survey. The previous home was built in 1880 according to the Office of the Scott
County Assessor, and destroyed by fire within the past year. The applicant proposes to construct
the new home on the previously occupied building pad. In order to construct the home in the
location proposed the applicant requests the following variances from the Zoning Ordinance 330'
farm building separation requirement from new construction homes:
1. 200' north setback variance to the existing barn to the north of the proposed building site.
2. 105' east side setback variance to the existing pole barn to the east of the proposed
building site.
DISCTJSSION:
The subject site is a 9.7 acre parcel located in the Rural Service Area and zoned A-I,
Agricultural. The property is bounded on the north by The Wilds PUD, the east by a 10 acre
hobby farm, the west and south by farms. The site contains an existing barn and other out
buildings. No farm animals are currently kept on site. The existing buildings are used for the
storage of school busses. The southern 1/2 of the site contains mature maple trees as well as
stands of apple, ash, horsechestnut and other mature trees.
The applicant requests to rebuild a single family home in the location previously occupied with a
home built in 1880. The site was excavated as part of the clean up and demolition of the fire
damaged home and is therefore suitable for reconstruction. Due to the existence of the farm
buildings on the northern 1/3 of the site, existing mature tree stands to the south and east, and site
preparation, the proposed location for the new home is logical. If current setback requirements
were applied to the site, the building envelope would be located approximately 40' from the
right-of-way of County Road 82, require removal of mature trees and result in inefficient site
design. ;
ALTERNATIVES:
1. Approve the 200' north and 105' east side separation variance to allow the construction
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph, (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
of the new single family home as proposed on the attached survey.
2. Continue or table the request for specific purposes.
3. Deny or reduce the variance requested based upon specific hardship findings of fact.
RECOMMENDATION;.
Alternative #1. The site was formally developed with a home in the vicinity of the proposed
construction wherein the separation from adjacent farm buildings did not pose health, safety nor
welfare problems for the occupants. The property existed as a farmstead since 1880 and would
have continued but for the fire. The applicant requests to rebuild in the home in the same location
as the previous structure.
Variance Hardship Standards:
1. Literal enforcement of the Ordinance would result in undue hardship with respect
to the property.
The 330' separation requirement would result in relocating the home to the southern part
of the property resulting in an inefficient use of the site. The barn, outbuildings and
driveways associated with the farmstead as well as the septic system and landscaping
which surround the building envelope are all pre-existing. Relocation of the home to the
160' to the south would result in undue hardship with respect to the property.
2. Such unnecessary hardship results because of circumstances unique to the property.
The home and existing buildings have occupied the site and have been used as a
farmstead for over 100 years. The relationship between use of the home and
farm/outbuildings has evolved over time and relocation of the home to the south of the
property would result in an inefficient, illogical placement and result in a hardship unique
to the property.
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 Standards to a property
which was developed in the 1800's. A single family home would still exist in the
proposed building envelope but for the fire which destroyed it.
4. The variance observes the spirit and intent of this Ordinance, produces substantial
justice and is not contrary to the public interest.
Relocation of the home to meet the 330' separation requirement would result in locating
the home approximately 40' from County Road 82 right-of-way which would not be in
the public interest. The proposed home location meets all other setback and Zoning
Ordinance requirements and therefore observes the spirit and intent of the Ordinance.
The grant of the separation variances would not be contrary to the health, safety and
welfare of the general public.
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The West Half of the Southeast Quarter
of the Northwest Quarter of Section 34,
Township 115, Range 22, Scott County,
Minnesota, EXCEPT the East 327.00.f~et
thereof. Subject to Highway / UtIlIty
Easement over, under and across the
South ~ feet thereof.
( Area= 9.7 acres ~ gross area)
-SURVEYORS CERTIFICA TION-
I hereby certify that this survey, plan or ~g'~~~jf~~ ~'f g
report was prepared by me or under my
direct supervision and that I am a duly
Registered Lan~ Surveyor under the laws of '. S~~~:YING
the It.ate of MInnesota, . "_ SERVICES INC.
tV",... (} ~ ,'OII~ (qy" _ .. '~~':'-:=;:i'~'~'
~ Date.. -- - ~:(el2)"52.30n
Wayne D. Cordes, Minn. Reg. No. 14675
"VA35PN"
NOTICE OF HEARING FOR VARIANCE
You are hereby notified that the Prior Lake Planning Commission will hold a hearing in the City
Council Chambers located at City Hall, 4629 Dakota Street S.E. on: Thursday, October 13,
1994 at 8:00 p.m.
APPLICANT:
James Christensen
3270 154th Street N.W.
Prior Lake, MN 55372
SUBJECT SITE:
3270 154th Street N.W.
See attached survey for property legal descIiption.
REQUEST:
The applicant proposes to construct a new single family home on
the property as per attached survey. The previous home was
destroyed by fire. The applicant proposes to build the new home
in the general area occupied by the original house.
The Prior Lake Zoning Ordinance specifies that dwellings must be
separated from adjacent farm buildings by at least 330' feet. The
proposed home location is 130' from the barn to the north and 225'
from a pole barn located on the adjacent property to the east of the
subject site. Therefore, the applicant requests that the Planning
Commission grant a 200' north and 105' east side setback variance
in order to construct the new home in the location proposed on the
attached survey.
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: October 3, 1994
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
\\ l/A?fJrnl-' \
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
September 22, 1994
James Christensen ~
Jan Christensen 1"'
3270 154th Street NW
Prior Lake Mn 55372
J. \ f'iJ.
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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:
The West Half of the Southeast Quarter of the Northwest Quarter of Section Thirty-four
(34), Township One Hundred Fifteen (115), Range Twenty-two (22).
EXCEPT the East 327.00 feet thereof.
BRUCE B ARMSTRONG
6 TIRRELL PLACE
DURHAM NH 03824
RICHARD P & BARBARA KLIMMEK
3020 154TH ST NW
PRIOR LAKE MN 55372
THOMAS J & JEANETTE M WALSH
3360 154TH ST NW
PRIOR LAKE MN 55372
KIMBERLY A NIOSI
15609 CALMUT AV
PRIOR LAKE MN 55372
BARBARA JO & SEAN O'HALLORAN
3200 154TH ST
PRIOR LAKE MN 55372
n /J P-/)
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DAVID E. MOONEN
PR~SIDENT
....a:.~..~J
St8I8 of MInnesota ,
MEMBER MINNESOTA LAND TITLE A iSOC A U .~. ue.c!,~'
AGENT FOR CHICAGO TITLE INSURANCE COMPANY
"VA35PN"
NOTICE OF HEARING FOR VARIANCE
You are hereby notified that the Prior Lake Planning Commission will hold a hearing in the City
Council Chambers located at City Hall, 4629 Dakota SU"eet S.E. on: Thursday, October 13,
1994 at 8:00 p.m.
APPLICANT:
J ames Christensen
3270 154th Street N.W,
Prior Lake, MN 55372
SUBJECT SITE:
3270 154th Street N.W.
See attached survey for property legal descliption.
REQ UEST:
The applicant proposes to construct a new single family home on
the propeny as per attached survey. The previous home was
destroyed by fire, The applicant proposes to build the new home
in the general area occupied by the original house.
The Prior Lake Zoning Ordinance specifies that dwellings must be
separated from adjacent farm buildings by at least 330' feet. The
proposed home location is 130' from the barn to the north and 225'
from a pole barn located on the adjacent property to the east of the
subject site. Therefore, the applicant requests that the Planning
Commission grant a 200' north and 105' east side setback variance
in order to construct the new home in the location proposed on the
attached survey.
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: October 3, 1994
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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-PROPERTY DESCRIPTION-
The West Half of the Southeast Quarter
of the Northwest Quarter of Section 34t
Township 115, Range 22, Scott County,
Minnesotat EXCEPT the East 327.00 feet
thereof. Subject to Highway / Utility
Easement over, under and across the
South 10' feet thereof.
Area= 9.7 acres ~ gross area)
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. -SURVEYORS CERTIFICATION-
'I hereby certify that this survey, plan or
report was prepared by me or under my
direct supervision and that I am a duly
Registered Land Surveyor under the laws of
the ~t..ate of Mi nnesota. ~
tV~ 6 ~ Date:.!m (~'t:
Wayne D: Cordes. Minn. Reg. No. 14675
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