HomeMy WebLinkAboutVA93-01 Dement Variance
CITY OF PRIOR LAKE
APPLICATION FOR VARIANCE
Applicant:14;Vt?y ~/1'1/h /~~ L~E~T Bane Phone: 41~-- S-~3 7
Address: c,.~_? . ;7'':_~ LJ/hfJ /J$'/1/z"LLt:- 5~Q/~rk Phone:
Property Owner:~A/ ~T7Y scde.RE..e . Bane Phone: ~~7- ~"7 7P
Address: 3'&'94 6RP',,) /-1,/ i.#r .5 r~ aJ, A'~. i'<<>rk Phone:
Type of Ownership: Fee ~ Contract Purchase Agreanent
Consultant/Contractor: 4J,/;~A!P.,u /~//r e J Phone: 'SLft'.P -t.:-YS7
;:::!?ect!: Cd/l/5/;(!t/C/7p/V' /'.4tl'l< r;J"i:> -.;J..~J7
Existing Use
of Property: # 4/ ~ ;";//" ?p r-
Legal Description ,
of Variance Site:~C;~L"\ L;n()I1(,
Variance Requested: t//l/ // /L I ~ /~
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Present Zoning: /fP5/4f4/.///!?--
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Has the applicant previously sought to plat, rezone, obtain a variance or conditional
use permit on the subject site or any part of it? Yes t./ Ii>
What was requested:
When: Disposition:
Describe the type of improvements proposed: /1J(};l~,p PT 5/$'tfL.r c;A/7/j,y
Hdl'1l' ~ 17# r(/~./C V/J/tJ.;:te 6/1/lJt1t. C
~avtISSION ~l.REMENl'S: ~ 1;-' (J()
(A)Completed application form. (B)Filing fee. (C)Property Survey indicating the
proposed developnent in relation to property lines and/or ordinary-higtr-water mark;
proposed building elevations and drainage plan. CD)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 Identification Number
(pm). (F)Deed restrictions or private covenants, if applicable. (G)A parcel nap
at 1"-20'-50' showing: The site developnent plan, buildings: parking, loading,
access, surface drainage, landscaping and utility service.
ONLY COMPLErE APPLICATIONS SIALL BE A\..U,jJ;'J."UJ AND REVIEWED BY THE PLANNIN.; <n1MISSION.
To the best of ~ knowledge the infonnation 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 infonnation and follow the
procedures as outlined in the Ordinance. ~ ~_ ~ ,. l m.J A\ T I 1J1 ~ cI-~
~ / ~ v~i~~s Signature ,-
Sul::mitted this /7 day of #?@ 19L:;' ~i/l 1) . ,I l /,/7 v/
~/,~h!L A ~A""'~~__
ee Signature ./
THIS SPACE IS '10 BE FILLED OUT BY THE PLANNIl'G DIRu.:J.vR
PLANNIl'G OJMMISSION )( A.t-~l'<LJ'JE[)
w"J:f COm:cIL APPEAL A.t-~.t\V\lED
DENIED 3-4~ 93- DA.TE OF HFARIN.;
DENIED Dl\TE OF HFARIN.;
(X)MJJ."J.'l.ONS: P 'X (yj ~ 6.).
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WJJlvJJCUU1~
Si9nature of ,the Planning Director
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Date
VARIANCE CHECK LIST
"VARFM"
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CHECK
SUBJECT SITE:
APPLICANT:
SCHEDULE HEARING DATE:
DNR NOTICE IF SHORELAND:
PREPARE AREA MAP:
APPLICANT NOTICE:
PROPERTY OWNERS NOTICE:
NOTICE TO DOUG - ENGINEERING
NOTIFY OTHERS:
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Scott Countf
Watershed D~strict
COMMISSION AGENDA PACKETS:
Staff Memo
Application Form
Copy of Public Notice
STAFF ACTIVITIES
MAIL COPY OF APPLICATION AND
REQUIRED CONDITIONS TO APPLICANT:
MAIL COPY OF APPLICATION AND
CONDITIONS TO DNR:
GIVE COPY OF APPLlCAITON AND
CONDITIONS TO BLD. INSPECTOR
ASSIGN FILE NUMBER:
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AMEND VARIANCE SUMMARY SHEET:
ADD PERMIT TO PROPERTY MGMT:
FILE BY: File #:
Legal:
FILE SHOULD CONTAIN:
Staff Memo
Original Ap~lication
Copy of Not~ce to Owners
Planning Cvu~. Minutes
. Other Information
Applicant:
Address:
VA
DATE TASK COMPLETED
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Other
Applicable Maps
Copy of Parcel Info.
Other Applicable Info.
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Applicable Maps and Documents
, Copy of Public Notice
Correspondence
Council Minutes if Applicable
PLANNING COMMISSION
MINUTES
MARCH 4, 1993
The March 4, 1993, Planning commission Meeting was called to
order by Acting Chairman Arnold at 7:30 P.M. Those present were
Commissioners Arnold, Loftus, Wuellner and Greenfield, Director
of Planning Horst Graser, Assistant City Planner Deb Garross,
Associate Planner James Hayes, and Secretary Rita Schewe.
ITEM I - REVIEW MINUTES OF PREVIOUS MEETING
As the Commissioners had just received the minutes from the
February 18, 1993, regular Planning Commission meetin~ and the
February 25, 1993, S~ecial Workshop/Public Hearing Wh1Ch were
quite lengthy, Comm1ssioner Arnold advised review of the minutes
would be moved to the end of the agenda.
Recess was called at 7:33 P.M. as the next item was scheduled for
7:35 P.M. The meeting was reconvened at 7:35 P.M.
ITEM II -LOT AREA VARIANCE-RANDY DEMENT/MIKE LAMBERT
Deb Garross presented the information for the applicant's
representative Doreen Siplinger of Realty World as she was unable
to speak due to a case of laryngitis but was present in,l ~'. ;.
audience for questions. I
The request is for a 2,804 minimum lot area variance for 116536 )
spring Avenue. The site is part of Lot 6, Green Heights First ,/
Addition. The applicants wish to construct a single family ho~/
No specific house plan has been determined at this time but if
the variance is granted it would be constructed to fit the area
allotted. without the variance the lot is not buildable.
Ms. Garross stated the subject site and adjacent three parcels
are considered lots of record as per City Section 5-4-1 (C). The
subject site contains 7,196 square feet, has considerable relief,
and is wooded. Precedent has been set as variances have been
granted for two lots in the neighborhood for single family homes.
Recommendation from staff is to approve the variance as
requested. Hardship is not the result of the applicant but is
the result of subdivision practices of a previous government
body.
James Berg 3893 Green Heights Trail, stated he is the owner of
Lots 3 and 4 and part of Lot 8 and would take legal action if his
portion of Lot 8 is jeopardized and was concerned on the
reference to access.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 I Ph. (612) 4474230 I Fax (612) 447-4245
AN EQUAL urrurtl UNITY EMPLOYER
PLANNING COMMISSION MEETING MINUTES
MARCH 4, 1993
PAGE 2
Doreen Siplinger stated she was under the assumption Lot 8 did
belong to someone other than the Schere's.
Debbie Van Valkenburg 3945 Green Heights Trail, voiced her
concerns on environmental issues and felt that homes are too
small.
Comments from the Commissioners were on ownership of adjacent
lots, building options, and landlocked lot.
MOTION BY WUELLNER, SECOND BY LOFTUS, TO APPROVE A MINIMUM LOT
AREA VARIANCE OF 2,804 SQUARE FEET FOR 16536 SPRING AVENUE.
RATIONAL BEING THE SUBJECT SITE IS A LOT OF RECORD THAT WAS
SUBDIVIDED UNDER THE JURISDICTION OF A FORMER GOVERNMENT BODY
THEREBY CAUSING A HARDSHIP WHICH IS NOT THE RESULT OF ACTIONS BY
THE APPLICANT, PRECEDENT HAS BEEN SET BY PREVIOUS VARIANCES
GRANTED IN THE NEIGHBORHOOD, AND IT WOULD NOT BE DETRIMENTAL TO
THE HEALTH AND WELFARE OF THE COMMUNITY.
Vote taken signified ayes by Wuellner, Loftus, Arnold, and
Greenfield. MOTION CARRIED.
ITEM II PUBLIC HEARING - WESTBURY PONDS - PRELIMINARY PLAT AND
VARIANCE
The Public Hearing was called to
Acting Chairman Arnold. The public was
sheet was circulated.
order at 8:05
present and a
P.M. by
sign-up
Ron Swanson of Valley Surveying Com~any represented the
applicants, Westbury Development Corporatlon. Mr. Swanson stated
they are requesting preliminary plat approval of approximately 60
acres bounded on the south by S.T.H. 13 and the existing plat of
West Edge Estates, on the east and northeast by Five Hawks Avenue
and Five Hawks Elementar~ School, on the north by Pershing Avenue
and an older plat of Sprlng Brook Park, and on the west by
Willows sixth Addition. There are 97 lots proposed for single
family homes in the subdivision with 2.8 acres dedicated for
active park land and 15.9 acres for open space adjacent to the
wetlands and steep slo~e areas. The density is 2.9 units per
acre. The constructlon of a berm with shrubs is planned to
enhance the lots bordering Highway 13. A sediment and a
reflector pond is proposed to clarify stormwater runoff. A
variance to increase block lengths of three blocks within the
subject site is being requested at this time also.
Mr. Swanson stated that an agreement between the developers, City
of Prior Lake and the School District is in the process of being
negotiated that would benefit all parties concerned. The
agreement calls for part of the plat to be annexed to ~rant
additional land to the City which will be used for Joint
recreation facilities and future school site.
"VAOIPC"
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
APPLICANT:
SITE ADDRESS:
PRESENTER:
PUBLIC HEARING:
DATE:
1
LOT AREA VARIANCE
RANDY DEMENT, MIKE LAMBERT
16536 SPRING AVENUE
DEB GARROSS, ASSISTANT CITY PLANNER
YES X NO
MARCH 4, 1993
HISTORY/BACKGROUND:
The Planning Department received a variance application from
Randy Dement and Mike Lambert to consider a 2,804 minimum lot
area variance. The subject site is legally described as per
attached survey. The site consists of part of Lot 8, Green
Heights First Addition. Lot 8 was divided into four parcels and
recorded with Scott County on December 22, 1970. As such, the
subject site and adjacent three parcels are considered lots of
record as per City Code Section 5-4-1 (C):
5-4-1 (C):
"A Lot of Record existing on May 7, 1973 (the effective date
of this original zoning Ordinance) may be used for the
erection of a structure conformin9 to the use regulations of
the zoning district in which is 1S located, (Ord. 81-10). A
lot of record located within the S-D Shoreland District is
buildable subject to the requirements of subsection 5-8-3(B).
(Ord. 91-12, 11-4-91)."
The variance application is filed under City Code Section
5-8-3(B,1,c) which specifies that all substandard non water
frontage lots are buildable, provided that the minimum lot area
is equal to or greater than 10,000 square feet. The subject site
contains 7,196 square feet. The reguest is to approve a 2,804
square foot minimum lot area variance 1n order to construct a new
single family home on the parcel.
PREVIOUS PROPOSALS:
There are no previous proposals on file for the subject site.
PHYSIOGRAPHY:
The lot contains considerable relief and is wooded. This lot is
one of the few remaining vacant lots located along Spring Avenue.
ADJACENT USES:
The adjacent properties are developed with single family homes.
4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLDYER
The northwesterly part of Lot 8, located contiguous to the rear
property line of the subject site is vacant and has no frontage
on a public street. Upon construction of the subject site, it
would appear that the adjacent parcel will be land locked and
therefore, difficult to develop. It is the understanding of
staff that the applicant does not own the adjacent vacant parcel.
The status of the vacant parcel is not an issue for this
particular application. However, it should be noted for the
record that absent an easement connectin9 to Spring, Dunkirk or
Green Heights Trail, access will not eX1st for the adjacent
vacant parcel.
ALTERNATIVES:
1.
Approve the 2,804 square foot minimum lot area
as requested.
Continue the issue for specific reasons.
Deny the variance application based upon
demonstrated hardship.
variance
2 .
3.
lack of
RECOMMENDATION:
The recommendation from staff is to approve the 2,804 square foot
minimum lot area variance as requested. The applicant has
indicated that anticipated construction will conform to all
required setbacks. Based upon the drawing submitted lot coverage
would be approximately 14% with impervious surface of
approximately 20%.
The hardship in this case is that the site is a lot of record,
subdivided and recorded prior to annexation into the city limits
of Prior Lake. Precedent exists in this neighborhood for
granting up to a 5,000 square foot minimum lot area variance.
The subject site would not be buildable without grant of the
requested variance which would result in substantial hardship to
the property. The hardship is not the result of persons
presently having interest in the property nor the city of Prior
Lake, but rather is the result of subdivision practices of a
former government agency. The variance observes the spirit and
intent of the zoning Ordinance.
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'EY PREPARED FOR:
6 BETTY SCHERER
GREEN HEIGHTS TRAil
~ lAKE, MN. 55372
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DESCRIPTION PER CERTIFICATE or TITLE NO. 16433
Lot 8, Green Reishta rirst Addition, EXCEPT the "esterq 75
teet thereor, and aleo EXCEPT the SoutherlT 50 reet thereor,
acoording to the plat thereor on rile and or reeol'd in the
orUee or the Register er needs, Soott Count", "innesota.
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I hereby cerllfy 1tlO, 'hi. survey
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under' the lowI of ,he S'ore of
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"VA01PN"
NOTICE OF HEARING
FOR
LOT AREA VARIANCE
You are hereby notified that a hearing will be held by the
Planning Commission in the Prior Lake Council Chambers at 4629
Dakota street S.E. on:
THURSDAY, MARCH 4, 1993 at 7:35 P.M.
PURPOSE OF HEARING: To consider a lot area variance for
Randy Dement and Mike Lambert.
SUBJECT SITE LOCATION: 16536 spring Avenue
PIO Lot 8, Green Heights 1st
Addition.
REQUESTED ACTION:
The applicant proposes to construct
a new single family home on the
subject site as per attached
drawing. Prior Lake Zoning
Ordinance 83-6 specifies that the
minimum lot size for a non lakeshore
lot located in the R-l Urban
Residential and S-D Shoreland
District is 10,OOO square feet. The
lot area of the subject site is
7,196 square feet. The applicant
requests that the Planning
commission approve a 2,804 square
foot minimum lot area variance in
order that they may construct a home
on the site as proposed.
If you desire to be heard in reference to this matter, you should
attend this meeting. Oral and written comments will be accepted
by the Planning commission. For more information, contact the
Prior Lake Planning Department at 447-4230.
Prior Lake Planning commission
DATE MAILED: February 23, 1993
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPlDYER
OWNERS NAME
ADDRESS OF PROPERTY
LEGAT..J DESCRIPTION
PID#
CON & Bt;'l''l'Y SCltt;Kt;R
16536 SPRING AVENUE S.W.
PRIOR LAKE, MN 55372
1m 8 bKt;.t;N HEIGHTS FIRST ADDITION
EXCEPT SOUTHERN 50 I AND EXCEPT WES'l't;.KJ..JY 75 I
25-102007-0
tl tlI101 mL I{
XOHLRUSCH SCO'tTjCARVER ABSTRACT CO., INC.
128 WEST THIRD AVENUE
P.O. BOX 355
SHAKOPEE, MINNESOTA 55379
(612) 445-1050
FEBRUARY 16, 1993
According to the records in the Office of the County Assessor, Scott
County, Minnesota, the following is a list of owners lying within 100 feet
of the following described property:
Lot Eight (8), EXCEPT the South 50 feet thereof and also except the
Westerly 75 feet thereof, GREEN HEIGHTS 1ST ADDITION, according to the
plat thereof on file and of record in the Office of the County Recorder,
Scott County, Minnesota.
James G. Berg and Debra E. Berg
3893 Green Heights Trail Southwest
Prior Lake, Minnesota 55372
Jon R. Thompson
3915 Green Heights Trail Southwest
Prior Lake, Minnesota 55372
Richard H. Busse and Elizabeth Busse
3931 Green Heights Trail Southwest
Prior Lake, Minnesota 55372
Helen C. Simpkins
% Betty Jean Scherer
3894 Green Heights Trail
Prior Lake, Minnesota 55372
Allan C. Gigstad and Vicky J.
Gigstad
16556 Spring Avenue Southwest
Prior Lake, Minnesota 55372
Kenneth C. Brixius
4032 West 82nd Street
Bloomington, Minnesota 55437
Thomas M. Ragatz and Kay L. Ragatz
3879 Green Heights Trail
Prior Lake, Minnesota 55372
Herbert VanValkenberg and Debra
VanValkenberg
3945 Green Heights Trail
Prior Lake, Minnesota 55372
Betty Jean Scherer
3894 Green Heights Trail
prior Lake, Minnesota 55372
Dated this 12th day of February, 1993 at 8 a.m.
Wed
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