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~~r!Kathv Faraphar,son ~t612-371-034.
Robert'Banitt - 612-447-3032
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VARIANCE CHECK LIST
"VARFM"
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SUBJECT SI'l'E:
APPLICANT:
SCHEDULE BEARING DATE:
DNR NOTICE IF SHORELAND:
PREPARE AREA MAP:
APPLICANT NOTICE:
PROPERTY OWNERS NOTICE:
NOTICE TO DOUG - ENGINEERING
NOTIFY O.l.llJ:.A8:
Scott Countr
Watershed D1strict
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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:
AMEND VARIANCE SUMMARY SHEET:
ADD PERMIT TO PROPERTY MGMT:
FILE BY: File':
Legal:
FILE SHOULD CONTAIN:
VA
Staff Memo
Original Application
Copy of Notice to Owners
Planning Comm. Minutes
Other Information
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Applicant:
Address:
DATE TASK COMPLETED
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MNDOT
Other
Applicable Maps
Copy of Parcel Info.
Other Applicable Info.
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Vitti '3 -63
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tJ,.- fGJ. 93
Applicable Maps and Documents
Copy of Public Notice
Correspondence
Council Minutes if Applicable
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~NE~
PLANNING COMMISSION
MINUTES
MARCH 18, 1993
The March 18, 1993, Planning Commission Meeting was called to
order b~ Chairman Roseth at 7:30 P.M. Those present were
Commiss1oners Roseth, Arnold, Loftus, Wuellner and Greenfield,
Director of Planning Horst Graser, Assistant City Planner Deb
Garross, and Secretary Rita Schewe.
ITEMS I a & b - REVIEW MINUTES OF PREVIOUS MEETINGS
(a) The minutes of the March 4, 1993, were reviewed.
MOTION BY LOFTUS, SECOND BY ARNOLD, TO APPROVE THE MINUTES AS
WRITTEN.
Vote taken signified ayes by Loftus, Arnold, Greenfield, and
Wuellner. Commissioner Roseth abstained as he was not present at
the previous meeting. MOTION CARRIED.
(b) The minutes of the February 4, 1993, were
Commissioner Greenfield stated on page 7, paragraph
1, the name of the commissioner was missing. It was
that Commissioner Wuellner was the person speaking.
reviewed.
three, line
determined
MOTION BY ARNOLD, SECOND BY LOFTUS, TO APPROVE THE FEBRUARY 4,
1993, MINUTES AS CORRECTED.
Vote taken signified ayes by Arnold,
Wuellner, and Roseth. MOTION CARRIED.
Loftus,
Greenfield,
ITEM II - CHARLES LACKEY - VARIANC~
Kathy Farquharson, 6467 Kingfisher Lane, Eden Prairie, stated she
is representing the applicants who have purchased the subject
site to construct a single family home. Due to the size of the
lot and the existing garage which is to be incorporated into the
construction plans, several variances are requested. The cabin
located on the property will be removed.
Deb Garross, Assistant City Planner, presented the information as
per memo of March 18, 1993. The variances requested are as
follows: a 2.5 foot east side yard variance from 10 foot setback
requirement, 37 foot lakeshore variance from 75 foot setback
requirement, 10% lot coverage ratio variance from 22%
4629 Dakota St. S,E" Prior Lake, Minnesota 55372 / Ph, (612) 4474230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLDYER
PLANNING COMMISSION MEETING MINUTES
MARCH 18, 1993
PAGE 2
requirement, and a 13.5% impervious surface variance from 30%
requirement for Lot 28 and the east 10 feet of Lot 27, Fairlawn
Shores. The previous owner had constructed a three car garage in
anticipation of building a home. The existing cabin is located
within the floodplain and contains a deck that encroaches over
the 904 contour line. Demolition of the cabin would bring the
site into compliance with City Code. The subject site contains
several development constraints due to its width, area, and
topography, thereb~ causing a hardship to the applicant. There
is a 7.5 foot util~ty easement on the west side of the property.
Staff's recommendation is to approve the variances based on the
hardship criteria of the subject site is a substandard lot of
record subdivided and developed prior to annexation into Prior
Lake City limits, the proposed construction is located at a
lakeshore setback similar to other homes within the neighborhood,
a non-conforming structure located within the floodplain of Prior
Lake will be removed and replaced with a conformin9 structure,
the application of current zoning standards results 1n a severely
limited building envelope, and the proposed development is
consistent with the spirit and intent of the Zoning Ordinance and
will not be detrimental to the health and welfare of the
neighborhood.
A telephone message from Bill Willinger, 5650 Fairlawn Shores
Trail SE, Prior Lake, stating he obJected to the 2.5 foot east
side variance.
cindy Dobel, 5604 - 150th Street, objected to the house being
built as it would impair their view of the lake. They thought
that the lot would not be developed. Ms. Dobel asked for
clarification on the height of the house, thought city Code was
35 feet.
Jan Broucher, 14975 Storm Circle, was not objecting to the
improvement but felt the house was too big.
Bill Bymark, 5620 - l50th Street, voiced his objection to the
height of the house as it would block his view of the lake.
Bob Banitt, Contractor for the applicant, explained the
construction design of the proposed home showing it was the best
design available for the site. The roof height would be 28 feet
which is an increase of 10 feet from the existing garage.
However, there would be a peak roof which will allow some view of
the lake from neighboring properties.
Comments from the Commissioners were on; the three car garage
dimensions, reduction of driveway to reduce the coverage ratio,
demolition of cabin resulting in removal of structure from
floodplain, distance to adjacent neighborhood on the east is 48
feet, sideyard request is minimal, plan of house is a reasonable
design, improvement of lakeshore, and consensus was in support of
the application.
.,
PLANNING COMMISSION MEETING MINUTES
MARCH 18, 1993
PAGE 3
Cind~ Dobel, 5604 - 150th, again voiced her objections to the
appl1cations, felt there are too many variances.
MOTION BY LOFTUS, SECOND BY ARNOLD, TO GRANT THE FOLLOWING
VARIANCES FOR 5630 FAIRLAWN SHORES TRAIL;
1. 2.5 FOOT EAST SIDE YARD VARIANCE FROM THE 10 FOOT SETBACK.
2. 37 FOOT LAKESHORE VARIANCE FROM THE 75 FOOT SETBACK.
3. 10% LOT COVERAGE RATIO VARIANCE FROM THE 22% REQUIREMENT.
4. 10% IMPERVIOUS SURFACE VARIANCE FROM THE 30% REQUIREMENT.
RATIONALE BEING THE SUBJECT SITE IS A SUBSTANDARD LOT OF RECORD,
WAS PLATTED AND DEVELOPED UNDER A FORMER GOVERNMENT JURISDICTION
THEREBY CAUSING A HARDSHIP TO THE APPLICANT, REMOVAL OF A
NON-CONFORMING STRUCTURE LOCATED IN THE FLOODPLAIN WILL INCREASE
THE LAKESHORE SETBACK TO 38 FEET, APPLICATION OF THE CURRENT
ZONING STANDARDS WOULD JEOPARDIZE THE BUILDABILITY OF THE LOT
WITHOUT VARIANCES, AND THE PROPOSED DEVELOPMENT IS CONSISTENT
WITH THE SPIRIT AND INTENT OF THE ZONING ORDINANCE AND WOULD NOT
BE DETRIMENTAL TO THE HEALTH AND WELFARE OF THE NEIGHBORHOOD.
COMMISSIONER GREENFIELD OFFERED A FRIENDLY AMENDMENT TO #4, TO
CHANGE THE PERCENTAGE TO 11% WHICH EQUATES TO HAVING 200 SQUARE
FEET OF THE DRIVEWAY REMOVED FOR THE IMPERVIOUS COVERAGE RATION.
THIS AMENDMENT WAS AGREEABLE TO COMMISSIONERS LOFTUS AND ARNOLD.
Vote taken signified ayes by Loftus, Arnold, Greenfield, Roseth,
and Wuellner. MOTION CARRIED.
A recess was called at 8:20 P.M. The meeting reconvened at 8:25
P.M.
ITEM II - PHIL CARLSON - REVIEW OF INDUSTRIAL PARK STANDARDS
Kay Kuhlmann, Assistant city Manager,
consultant from Dahlgren, Shardlow
retained by the City to formalize the
for Prior Lake.
Mr. Carlson presented a slide presentation Showing scenes through
history dipicting why it is important to have zoning codes and
regulations for health and safety issues. cities are not "born"
with these regulations, but need to be implemented into place
with laws for the good of all.
introduced
and Uban,
industrial
Phil
who
park
Carlson,
has been
standards
Deb Garross gave an outline of the Commissioners Retreat on March
20, 1993 at Canterbury Inn. An agenda was distributed to the
Commissioners.
commissioner Greenfield conducted the discussion on conclusions
drawn from the realtors meetin~ of January 7, 1993, and read his
recommendations to the Commiss1oners. Commissioner Greenfield
stated that Superintendent of Schools, Les Sonnabend, would like
to be invited to future meetings. It was decided to continue
SURVEY PREPARED FOR:
CHARLES LACKEY
5407 FROST POINT CIRCLE
PRIOR LAKE, MN. 55372
Valley Surveying Co., P.A.
SUITE 120-C, 16670 FRANKLIN TRAIL
FRANKLIN TRAIL OFFICE CONDOMINIUM
PRIOR LAKE I MINNESOTA 55372
TELEPHONE (6/Z}447-Z570
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DESCRIPTION I
Lot 2B, FAIRLAWN SHORES, Scott County, Minnesota end the esst 10.00 feet
of Lot 27, of Baid plat, showing all visible improvements and encroachments
on to and off from said property ir any.
NOTES'
Ilenchmark Elevationl 910.00 naU in tie wall 011 Lot 29 8S shown
on ths survsy drawing.
924.3
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CHARLES LACKEY
5407 FROST POINT CIRCLE
PRIOR LAKE, MN, 55372
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Lot 28, rAIRLAWN SHORES, Scott County, Minnesota and the east 10.00 feet
of Lot 27. of said plat, showing sll visible improvements and encroachments
on ~o snd off from said property if any.
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llenchl!'8rk Elevationl 910.00 lIail in tie wall on Lot 29 as shown
on the survey drawing.
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"VA03PC"
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
APPLICANT:
SITE ADDRESS:
PRESENTER:
PUBLIC HEARING:
DATE:
#1
VARIANCE APPLICATION
CHARLES LACKEY
5630 FAIRLAWN SHORES TRAIL
DEB GARROSS, ASSISTANT CITY PLANNER
YES X NO
MARCH 18, 1993
HISTORY/BACKGROUND:
The Planning Department received a variance application for Lot
28 and the east 10 feet of Lot 27, Fairlawn Shores. The proposal
is to demolish an existing cabin then build a new single family
home attached to the existing garage as indicated on the attached
drawings. The variances requested are as follows:
1. 2.5' east side yard variance from 10' setback requirement.
2. 37' lakeshore variance from 75' setback requirement.
3. 10% lot coverage ratio variance from 22% requirement.
4. 13.5% impervious surface variance from 30% requirement.
PREVIOUS PROPOSALS:
A previous owner, Lee Landsteiner, constructed a three stall
detached garage on the southerly part of the subject site in
August of 1987. The garage was located in a manner to permit a
future home addition similar to the development proposed in this
application. The existing cabin is located within the floodplain
and contains a deck which encroaches over the 904 contour. There
is no record of the year built for the cabin on file with the
Planning Department.
PHYSIOGRAPHY:
The subject site contains 60' of width and approximately 7,952
square feet of area. The lot is quite short (131' measured from
the center of the lot to the 904 contour). The entire building
envelope for the site once setbacks are a~plied is approximately
25 x 39' (975 square feet), with the existlng garage occupying 32
x 26' (832 square feet). The elevation of the site drops
approximately 33 feet from the southeast corner of the lot to the
904 elevation. The subject site contains several development
constraints due to its width, area and topography.
4629 Dakota 51. 5,E" Prior Lake, Minnesota 55372 / Ph, (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLDYER
ADJACENT USES:
The adjacent land uses are single family homes which range from
relatively new construction to older, remodeled homes.
ALTERNATIVES:
1. Approve the variances as requested.
2. continue the application for further study.
3. Deny the variance application.
RECOMMENDATION:
Alternative #1, to approve the setback, lot coverage and
impervious surface variances as requested, based upon specific
hardship findings as determined by the Planning Commission.
DISCUSSION:
The following hardship considerations are presented for
discussion purposes: The lot is a substandard lot of record
subdivided and developed prior to annexation into the cor~orate
limits of Prior Lake. The removal of the existing cabin w1ll be
a substantial improvement to the site increasing the lakeshore
setback by approximately 40' (the existing deck encroaches
approximately 2' over the 904 contour, the proposed setback is
38', measured from the 904 contour). The proposed construction
is located at a lakeshore setback similar to other homes within
the neighborhood. A nonconforming structure, located within the
floodplain of Prior Lake is proposed to be removed and replaced
with a conforming structure. The hardship is not the result of
the applicants but rather is a result of platting activities of a
former government jurisdiction. The application of current
zonin~ standards to the site results in a severely limited
buildlng envelope which jeopardizes the buildability of the lot
but for variance consideration. The proposed development is
consistent with the spirit and intent of the zoning Ordinance and
will not be detrimental to the health and welfare of the
neighborhood.
IVA03PN"
NOTICE OF HEARING
FOR
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 18, 1993
at
7:35
P.M.
PURPOSE OF HEARING:
To consider a variance application for
Charles F. Lackey of 5207 Frost Point
Circle.
SUBJECT SITE LOCATION: Lot 28, Fair1awn Shores and the East 10
feet of Lot 27, Fairlawn Shores.
5630 Fairlawn Shores Trail
REQUESTED ACTION:
The applicant proposes to remove an
existing dwelling and construct a new
single family home as proposed on the
attached survey. In order to construct
the proposed home, the following
variances are requested: 2.5' east side
yard variance from the 10' side yard
setback requirement; 37' lakeshore
variance from the 75' lakeshore setback
requirement; 10% lot coverage variance
from the 22% lot coverage requirement
and 13.5% impervious surface variance
from the 30% impervious surface
requirement.
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: March 11, 1993
4629 Dakota 51. 5,E" Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLDYER
~, Paf-~
"VA03PN"
NOTICE OF HEARING
FOR
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 18. 1993
at
7:35
P.M.
PURPOSE OF HEARING:
To consider a variance application for
Charles F. Lackey of 5207 Frost Point
circle.
SUBJECT SITE LOCATION: Lot 28, Fairlawn Shores and the East 10
feet of Lot 27, Fairlawn Shores.
5630 Fairlawn Shores Trail
REQUESTED ACTION:
The applicant proposes to remove an
existing dwelling and construct a new
single family home as proposed on the
attached survey. In order to construct
the proposed home, the following
variances are requested: 4' east side
yard variance from the 10' side yard
setback requirement: 37' lakeshore
variance from the 75' lakeshore setback
requirement; 10% lot coverage variance
from the 22% lot coverage requirement
and 13.5% impervious surface variance
from the 30% impervious surface
requirement.
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: March 5, 1993
4629 Dakota St. S,E" Prior Lake, Minnesota 55372 / Ph, (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
CITY OF PRIOR LAKE
.4629 Dakota street S.E.,
Prior' Lake, MN 55372
Phone t (612) 447-4230 - FAX t 447-4245
INFORMAL MEMO
M~ J-. /7/J
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TO: pi- ;jo~ FROM: ->>~flt ~d!
SUBJECT: i/d'~ ~ r,:irT,eJ; r~Jkud
MESSAGE: /)trA /"/.i~~ #510',,~ 1>1f6/L & OJJ 7-;:;~ rf
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DATE:
TIME:
Response Required:
Yes
No
x
,
March 17, 1993
8:30 A.M.
A telephone call was received from Mr. Bill Wellinger of 5650
Fairlawn Shores Trails voicing his objections to the variance
request of 2.5 foot east side yard variance from the 10 foot
setback requirement for 5630 Fairlawn Shores Trail.
Mr. Wellinger is in Texas and unable to be here at the meeting
and wanted his objections read into the record. He can be
reached at 210-964-3246.
PHONE NO,
~[KIJ~~@'jj'~
~~DE~:~T:ENT OF NATURAL
METRO WATERS, 1200 Warner Road, st.
772-7910
RESOURCES
Paul, MN 5~~~~
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March 10, 1993
Ms. Deb Garross
City of Prior Lake
4629 Dakota street S.E.
Prior Lake, Minnesota 55372
Rljl.
..... .
PROPOSED LACKEY
LAKE !)J J)
Ms. Gars:
V~~IANCES, 5630 FAIRL~~nJ SHORES TP~~IL, PRIOR
Dear
I have received and reviewed the materials you sent regarding the
subject variance request.
The proposed house, along with existing garage and driveway are
quite a bit for the small, narrow lot. This is evidenced by the
request for four variances on the property.
On the other hand, an existing non-conformity (building below RFPE
and setback 0' from the 904.0' elevation) will be removed. This
would seem to be a fair trade for the variances requested. Any
reasonable means to reduce or minimize the variances requested
should be considered. Setback averaging with adjacent parcels
should also be looked at.
I note the lot is relatively steep.
measures should be implemented
construction.
Appropriate erosion control
and maintained throughout
Please contact me if you have any questions.
0~~'L ~1-$--.
Patrick J. Linch
Area Hydrologist
AN EQUAL OPPORTUNITY EMPLOYER
II IA03mLP
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: (6' 2) 445-0229
March 2, 1993
1j)\.9J~
r ~ Charles Lackey
.~\'~ . 5207 Frost Point Circle
v' Prior Lake, MN 55372
To Whom it may concern:
According to the tax records in the Scott County Treasurer's office, the
following persons are listed as the owners of the property which lies
within 100 feet of the following described property:
The East 10 feet of Lot 27 and all of Lot 28, Fairlawn Shores, according
to the recorded plat thereof on file and of record in the Office of the
County Recorder in and for Scott County, Minnesota.
ROBERT C & JANETTE I SASENA
5636 150TH STREET
PRIOR LAKE MN 55372
PHILIP B & MELISSA G SOLI
5620 FAIRLAWN SHORES
PRIOR LAKE MN 55372
WILLIAM A & KERIN D BYMARK
5620 150TH STREET
PRIOR LAKE MN 55372
WILLIAM G WILLINGER TRUSTEE
5650 FAIRLAWN SHORES TRAIL SE
PRIOR LAKE MN 55372
THOMAS J & CINDY L'DOBLE
5604 150TH STREET SE
PRIOR LAKE MN 55372
DEMIS L BORNFLETH
14991 STORMS CIRCLE
PRIOR LAKE MN 55372
JAMES J & JANET T BOUCHER
14975 STORMS CIRCLE
PRIOR LAKE MN 55372
Mhl\.l K 'iM.RRIN~ If ~
5600 FAIRLAWN SHORES TRAIL SE
PRIOR LAKE MN 55372
SCOTT Cvu"~l ABS7!~T TITLE, INC.
In,,,~
M: f ~ ~
David E. Moonen
President
DEM:nlg
al!!ll!!l!l~
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MEMBER MINNESOTA LAND TITLE ASSOCIATION
AGENT FOR CHICAGO TITLE INSURANCE COMPANY
SURVEY PREPARED FOR:
CHARLES LACKEY
5407 FROST POINT CIRCLE
PRIOR LAKE, MN. 55372
Valley Surveying Co., RA.
SUITE 120-C, 16670 FRANKLIN TRAIL
FRANKLIN TRAIL OFFICE CONDOMINIUM
PRIOR LAKE, MINNESOTA 55372
TELEPHONE (612) .447 - 2570
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DESCRIPTION:
Lot 28, FAIRLAHN SHORES, Scott County, Minnesota and the east 10.00 feet
of Lot 27, of said plat, showing all visible improvements and encroachments
on to and off frolD said property if any. .
NOTES'
Henchmark Elevationl 910.00 nail in tie wall on Lot 29 as shown
on the survey drawing.
924.3 Denotes existing grade elevation
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SCALE
30
,-
IN
60
.d
FEET
I herfby cer'ify 'ha' rhi. uvey Wcrl prtpored
by me or under my dirtc' supervi.lon ond tho'
, om 0 du'y 'lcensed land S~or under 'h.
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Do'. z.~ - Cl.e' l/c.n.. No. '0'S3
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monumen' .., ond marked by
licen.. No, la's 3
. [)eno'" Iron monum.,,' found
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. ,.'LE No.
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IT
CHARLES LACKEY
5407 FROST POINT CIRCLE
PRIOR LAKE, MN. 55372
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DESCRIPTION:
Lot 28, FAIRLAWN SHORES, Scott County, Milmesota and the east 10.00 feet
of Lot 27, of said plat, showing all visible improvements and encroachments
on to and off from said property if any. .
l
NOTES I, .
Hench"'8.rk Elevations 910.00 nail in tie wall on Lot 29 as shown
on the survey drawing.
924.3 Denotes existing grade elevation
IC
o
,
SCALE
30
-,
- IN
60
~
FEET
,
o [)enol" 1/2 Inch lC 14 inch Iron
monumenl ..I and marked by
License No, 10183
. 0."01" 'rort monument found