HomeMy WebLinkAboutVA93-04 Schwieters Variance
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Plot 33-119022-0
w',d OF PRIOR LAKE
APPLICATION FOR VARIAOCE
Applicant: Denn;s Schw;eters
Address: 14424 Watersedge Ira,1
Property Owner: Same
Address: Same
Type of Ownership: Fee X Contract
Consul tant/Contractor: Same
Home Phone: 44Q-?251
WOrk Phone: 755-4601
Harne Phone: 440-2251
WOrk Phone: 755-4hU 1
Purchase Aa reenent
Phone: "Same
Existing Use
of Property: Single family residential Present Zoning: residential
Proposed Use
of Property: Same
Legal Description
of Variance Site: Lot 26 Boudin's Manor
Variance Requested: 4J1side yard variance -- ~A.~ S:6L ~,5 Fnryd~~ ~711~~
~(. (dj-&Jlj.Q.AQ9J? j 10 (. I~I(JU~ sur6a.vz./
Has the applicant previously sought to pl\:{t, rezone, obtain a variance or conditional
use permit on the subject site or any part of it? Yes X No
What was r~uested: NA
When: NA Disposition: NA
Describe the type of improvements proposed: Addition on existinq dwellina
anJ.1ISSION REXXJIREMENrS:
<A)Canpleted application form. (B)Filing fee. (C)Property Survey. (D)Certified fran
abstract firm, names and addresses of property owners within 100 feet of the
exterior boLmdaries of the subject property. (E)Complete legal description &
Property Identification Nlmlber (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 COMPL~ APPLICATIONS SlALL BE RE.VIEMID BY THE PLANNING cn1MISSION.
To the best of ~ 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 agr~t prOVidej%' ti.on and follow the
procedures as outlined in the Ordinance. ! r-
~ --,
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Appliaants.Signature
<rnitted this 11 day of March 19.E
Fee Owners Signature
THIS SPACE IS 'ro BE FILLED OUT BY THE PLANNING DIN:A..~vR
PLANNING CDMMISSION ~At-l:'M..JVID
CITY CXXJN:IL Al:"l:'l:&. Al:'l:".rvVED
DENIED 4~ / - 93 IY\TE OF HFARING
DENIED IY\TE OF HFARING
roNDITIONS: jj. 1 u~ S J nc;.. j :;:: , S IS?, F (()rTr', ~ 7 ( I o...~f'e.', X 'j. Ln +
(il~~~ ~ 10). \~NWV~ s..v-rfrir.p e.lf'\~/\o.~~. ./
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In!1v~>j~) L/-J-q,~
Signature of the Planning Director Date
l/)4q/~ 07
'33~ Ilq ~ 0/ ?~()
"VAREM"
VARIANCE ~ LIST
SUBJOCT SITE:
A de, Pwoa.i> /J!;IrJ o~
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/
APPLICANT:
Dll1n/') 2hwlJ?-fe/Z:s
CHEX:K IY\TE TASK COMPLz:,u~.JJ
OOR NOl'ICE IF SHORELAND:
PREPARE AREA MAP:
APPLICANT NOrlCE:
PRVJ:'.tiK.L'i CMNERS NOl'ICE:
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9:HmJLE HEARING IY\TE:
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OOl'IFY aIHERS:
SCOtt County
watershed District
MNOOT
Other
roMMISSION AG~ PAu\tiJ.'I:):
Staff Meroo
Application For:m
Copy of Public Notice
Applicable Maps
CoRi of Parcel Info.
Other Appli~~h'e Info.
STAFF . AcrIVITIES
MAIL ropy OF APPLlCATIOO AND v 4--;;'
MINUTES rro APPLICANT:
MAIL ropy OF APP. AND MINUTES ~ Jf~ Z-
'ro OOR IF SHORELAND APPLICATION:
ASSIGN FILE NUMBER: ~ VA-qg-oL/
AMEND VARIANCE SUMMARy SHEET: v t.f r 2-
ADD PERMIT 'ro PROP~.l.i MGMl': ~ L.f --- 1.-
FILE BY: File #:
Legal :
FILE SHOOLD CONI'AIN':
VA
Applicant:
Address:
staff Meroo
Original Application
Copy of Notice to Owners
Planning Canrn. Minutes
Other Information
Applicable Maps and Documents
CoRi of Public Notice
Correspondence
Council Minutes if Applicable
PLANNING COMMISSION
MINUTES
APRIL 1, 1993
The April 1, 1993, Planning Commission Meeting was called to
order by Chairman Roseth, at 7:30 P.M. Those present were
Commissioners Roseth, Arnold, Loftus, and Wuellner, Director of
Planning Horst Graser, Assistant City Planner Deb Garross,
Associate Planner James Hayes, and Secretary Rita Schewe.
Commissioner Greenfield was absent.
ITEM I - REVIEW MINUTES OF PREVIOUS MEETING
Commissioner Arnold stated a correction to page 4, paragraph 1,
line 1, to correct the spelling of the word "commissioner".
MOTION BY LOFTUS, SECOND BY WUELLNER TO APPROVE THE MINUTES AS
CORRECTED.
Vote taken signified ayes by Loftus, Wuellner, Arnold, and
Roseth. MOTION CARRIED.
Horst Graser gave an update on various subdivisions being
submitted to the City of Prior Lake.
,
~~ ITEM II - DENNIS SCHWEITERS - VARIANCE
\
r
Elizabeth Schweiters, 14424 Watersedge Trail, stated they are
requesting variances to construct a single family home on the
sub~ect site. A letter that was signed by the neighbors showing
the1r approval of the plan was presented to the Commissioners.
Deb Garross, Assistant City Planner, presented the information as
per memo. The variances requested are as follows: 1) 4.7 foot NE
side yard variance from the 10 foot setback requirement, 2) 3.5
foot SE front yard variance from the 25 foot setback requirement,
37 foot lakeshore variance from the 75 foot setback requirement,
4) 8% lot coverage surface variance from the 22% lot coverage
requirement, and 5) 10% impervious surface variance from the 30%
impervious surface requirement. The lot is relatively flat and
the existin~ cabin which is located in the floodplain will be
removed. Th1S is a well established neighborhood with various
structures located within the Prior Lake floodplain, situated at
various setbacks from property lines and the 904 contour of Prior
Lake. This neighborhood has been in transition for many years
and has a number of structures that have been renovated, removed,
and rebuilt. Hardship is caused by the provisions of the
4629 Dakota S1. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
PLANNING COMMISSION MEETING MINUTES
APRIL 1, 1993
PAGE 2
Ordinance and is not the result of actions by the applicant or
the City of Prior Lake, and the platting and zoning standards of
a previous government. There were no comments from the DNR.
John Turner, 14432 Waters edge Trail, voiced his approval of the
proposed plan and felt the upgrade would be an improvement to the
neighborhood.
Chairman Roseth read into the record the letter stating
of the plan. Those listed were: Roger & Luann
Watersedge Trail; Roger & Jan Steiner-14416 Watersedge
Halleckson-14413 Watersedge Trail; and John Turner
Watersedge Trail.
Commissioner Wuellner commended the applicant for checkin~ with
the neighbors beforehand and was in favor of the var1ances.
Commissioner Loftus felt the request was in keeping with
pregedent set in the neighborhood and would sup~ort the
var1ances. Commissioner Arnold concurred with the Comm1ssioners
and was pleased the non-conforming structure would be removed.
Commissioner Roseth also was in agreement.
approval
Eye-14438
Trail; Bev
Jr.-14432
MOTION BY WUELLNER, SECOND BY ARNOLD, TO APPROVE A 4.7 FOOT NE
SIDE YARD VARIANCE FROM 10 FEET SETBACK REQUIREMENT, A 3.5 SE
FRONT YARD VARIANCE FROM 25 FOOT SETBACK REQUIREMENT, 37 FOOT
LAKE SHORE VARIANCE FROM 75 FOOT SETBACK REQUIREMENT, 8%LOT
COVERAGE VARIANCE FROM THE 22% LOT COVERAGE REQUIREMENT, AND A
10% IMPERVIOUS SURFACE VARIANCE FROM THE 30% IMPERVIOUS SURFACE
REQUIREMENT RATIONALE BEING THAT PRECEDENT HAS BEEN SET IN THE
NEIGHBORHOOD, A NON-CONFORMING STRUCTURE WILL BE REMOVED FROM THE
FLOODPLAIN, APPLICATION OF CURRENT ZONING STANDARDS WOULD RENDER
THE LOT NON-BUILDABLE, HARDSHIP IS NOT CAUSED BY THE APPLICANT OR
THE CITY OF PRIOR LAKE BUT BY ZONING AND PLATTING STANDARDS OF A
PREVIOUS GOVERNMENT AND WOULD NOT BE DETRIMENTAL TO THE HEALTH
AND WELFARE OF THE COMMUNITY.
Vote taken signified ayes by Wuellner, Arnold, Loftus, and
Roseth. MOTION CARRIED.
Recess called at 7:55 P.M. until the next item on the agenda at
8:15 P.M. Meeting was reconvened at 8:15 P.M.
ITEM II - SIOUX COMMUNITY-LITTLE SIX INC.
Bill Rudnicki, 1825 Walnut Lane, Egan, MN, representing Little
six Inc. of the Shakopee Sioux community stated they are
requesting a variance to construct a 1800 car ~arking lot in
conjunction with the expansion at Mystic Lake CaS1no.
Bill Englehardt, Chaska, Consulting Engineer for the sioux
community, gave an overview of the proposed project. Scott county
has approved of the plans. Having the access on County Road 82
IVA04PN"
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
APPLICANT:
SITE ADDRESS:
PRESENTER:
PUBLIC HEARING:
DATE:
1
VARIANCE
DENNIS SCHWIETERS
14424 WATERSEDGE TRAIL
DEB GARROSS, ASSISTANT CITY PLANNER
YES X NO
APRIL 1, 1993
.
't~
HISTORY/BACKGROUND:
The Planning Department received a variance application from
Dennis Schwieters of 14424 Waters edge Trail. The applicant
proposes to remove a non-conforming structure and rebuild a new
sin~le family home as ~er attached survey. The following
var~ances are requested ~n order to construct the home as
proposed:
1. 4.7' NE side yard variance from 10' setback requirement.
2. 3.5' SE front yard variance from 25' setback requirement.
3. 37' lakeshore variance from 75' setback requirement.
4. 8% lot coverage variance from the 22% lot coverage
requirement.
5. 10% impervious surface variance from the 30% impervious
surface requirement.
PREVIOUS PROPOSALS:
There are no previous proposals on file for the subject site.
PHYSIOGRAPHY:
The lot is relatively flat and the existing cabin is located
within the floodplain of Prior Lake. The low floor elevation is
907.29.
ADJACENT USES:
The adjacent properties are developed with sin~le family homes.
This neighborhood was subdivided in 1950 and ~n 1974, annexed to
the City of Prior Lake from the City of Savage.
EXISTING CONDITIONS:
The survey indicates the location of each adjacent home. The
subject site contains 6,686 square feet above the 904 elevation.
The existing cabin is located approximately 26' from the 904
contour, a similar setback as the adjacent home to the west.
Likewise, the proposed garage will be located at a similar
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLDYER
setback as the two garages on either side of the subject site.
Please also note that the home to the west has a 5.1' side yard
setback. The garage corner of the home to the northeast, is
located approximately 20' from the front property line.
PRECEDENCE:
Staff researched and found that eighteen variance files exist for
lots located within the Boudin's Manor Subdivision. The attached
map indicates the lots which have received variances. For sixteen
of the lots, one variance was granted; four lots were granted two
types of variances, one lot received three variances and two lots
received four variances. The variances received were one or a
combination of lake, side, and front yard variances. Thirteen of
the eighteen variances were granted prior to the 1987 adoption of
the Shoreland Ordinance therefore, lot area and impervious
surface coverage were not considered. Staff is of the opinion
that the majority of the eighteen cases would require impervious
surface, coverage and lot area variances if the applications were
to be considered today. In addition to the variances granted, a
majority of the existing homes are located at various setbacks,
most of which are not compliant with current Prior Lake zoning
standards.
NEIGHBORHOOD ISSUES/IMPACT/CONCERNS:
This is a well established neighborhood with various structures
located within the Prior Lake floodplain and situated at various
setbacks from all property lines and the 904 contour of Prior
Lake. This neighborhood has been in transition for many years
and has a number of structures that have been renovated or
removed and rebuilt. There are only a handful of vacant lots
within the subdivision.
ALTERNATIVES:
1. Approve the application as submitted. The applicant proposes
to remove an existing cabin located 26' from the 904 and
increase the setback to 38'. The platform proposed does not
require a lakeshore setback. The applicant proposes to
remove an existing driveway which will reduce the total
impervious surface from 46% to 40%. A structure currently
located within the floodplain will be removed and replaced
with a structure conforming to the Prior Lake Floodplain
Ordinance. The proposed front yard setback of 21.5' is
similar to the existing setback of the adjacent home to the
northeast, which has an approximate setback of 20'. One 4.7
side yard variance has been requested which is a similar
setback as the existing home to the southwest. The lot
coverage and impervious surface are consistent with the
intent of the Code in that if this particular structure were
built upon a conforming 10,000 square foot lot, the lot
coverage would be 20% and impervious surface coverage 26%.
2. Table or continue the variance for specific reasons.
3. Deny the application based upon findings and facts relative
to the hardship criteria of the Zoning Ordinance,
inconsistency with precedent or other purposes related to the
Zoning Code.
HARDSHIP FINDINGS:
1. Literal enforcement of the Ordinance would result in undue
hardship with respect to the property.
The a~plication of current zoning standards would render the
lot v1rtually non-buildable. The building envelope would
consist of approximately 20' x 35' with a total coverage
ratio of 1,337 square feet and impervious surface of 2,005
square feet. This building envelope would allow a two car
garage (20 x 24 = 480 sq. ft.) with 857 square feet remaining
for the home. staff is of the opinion that the resulting
building envelope is restrictive to the point of rendering
the property unbuildable without variance consideration.
2. Such unnecessary hardship results because of circumstances
unique to the property.
Rationale for granting the variances is that similar setbacks
are ~revalent on the adjacent structures and that strict
app11cation of current zoning standards would place undue
burden on this particular property, with respect to the
existing development within the neighborhood.
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 lot is a substandard lot of record, subdivided and
develo~ed prior to annexation to the City of Prior Lake. The
hardsh1p is not the result of the applicant nor City of Prior
Lake but the result of former platting and zoning standards
of a previous government.
4.
The variance observes the spirit and intent
Ordinance, produces substantial justice and is not
to the public interest.
The proposed structure observes the spirit and intent of the
Ordinance in that if it were built upon a standard lot size
for which the setback restrictions were intended, the
structure could conform to all applicable standards.
Substantial justice would be realized by allowin~ the
ap~licant to build a comparable home to those 1n the
ne1ghborhood and immediate adjacent properties. The variances
are not contrary to the public interest in that the structure
will be further removed from the lake than the existing
structure, a structure in the floodplain will be removed and
a ~arage will be provided for storage and parking of vehicles
Wh1Ch was not present under existing development of the lot.
of this
contrary
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IVA04PN"
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, APRIL 1, 1993
at
7:35
P.M.
PURPOSE OF HEARING:
To consider a variance
Dennis Schwieters of
Trail.
application for
14424 Waters edge
SUBJECT SITE LOCATION: 14424 Watersedge Trail
Lot 26, Boudin's Manor
REQUESTED ACTION: The applicant proposes to build a new
single family home as indicated on the
attached drawing. In order to construct
the building as proposed, the following
variances are requested:
1. 4.7' NE side yard variance from 10'
setback requirement.
2. 3.5' SE front yard variance from 25'
setback requirement.
3. 37' lakeshore variance from 75'
setback requirement.
4. 8% lot coverage variance from the
22% lot coverage requirement.
5. 10% impervious surface variance from
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 Plannin~ Commission. For more information, contact the
Prior Lake Plann1ng Department at 447-4230.
Prior Lake Planning commission
DATE MAILED: March 25, 1993
4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph, (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPlDYER
NEW ABSTRACTS
CONTINUATIONS
CLOSING SERVICE
\\ VI) 07 mL /I
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
March 13, 1992
Wentworth Construction
14424 Watersedge Trail
Prior Lake, MN 55372
To Whom it may concern:
According to the 1992 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:
Lot 26, Boudin's Manor, according to the recorded plat thereof on file and
of record in the Office of the County Recorder in and for Scott County,
Minnesota.
City of Prior Lake
4629 Dakota Street SE
Prior Lake, MN 55372
John H. & Helen M. Turner
12520 Nevada Avenue
Savage, MN 55378
Roger H. Steiner & wife
14416 Watersedge Trail SE
Prior Lake, MN 55372
Boudin's Manor Ass'n.
6700 Boudin Street NE
Prior Lake, MN 55372
Rolland H. & Sharon Gronholz
14412 Watersedge Trail NE
Prior Lake, MN 55372
~ u>> /llfu;:Jf+h ~uMfYuchi'h
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P.L, fY\AJ 5~~ 7 )-
David E. & JoAnne R. Moran
14408 Waters edge Trail NE
Prior Lake, MN 55372
Beverly J. H. Halleckson
14413 Watersedge Trail NE
Prior Lake, MN 55372
I~f /1.
David E. Moonen
............
Roger N. & Lee Ann Eye
14438 Watersedge Trail NE
Prior Lake, MN 55372
DEM:nlg
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IUIIIII II MInwltaota !U
MEMBER MINNESOTA LAND TITLE ASSOCIATION
AGENT FOR CHICAGO TITLE INSURANCE COMPANY
April 1, 1992
Dennis Schwieters
14424 Watersedge Trail
Prior Lake, MN 55372
Dear Mr. schwieters,
I am in receipt of your variance application for Lot 26, Boudin's
Manor to construct a single family home. Your proposal to
utilize the existing cabin will pose a problem with your
ap~lication. I would like to have the opportunity to discuss
thlS application with you in greater detail.
I have tried to reach you by telephone but have been
unsuccessful. Please contact me at 447-4230 to arrange an
appointment time to discuss this issue.
fiJ I
Horst W. Gr
Director of lanning
CITY OF PRIOR LAKE
HWG:rms
4629 Dakota St. S.E.. Prior Lake, Minnesota 55372 I Ph, (612) 4474230 I Fax (612) 447-4245
REGULATORY FLOOD PROTECTION ELEVATION - The Regulatory
Flood Protection Elevation shall be the elevation
of the regional flood plus any increases in flood
elevation caused by encroachments on the flood
plain that results from designation of a floodway.
STRUCTURE - Anything constructed or erected, the use of
which requires a fixed location on the ground or
any attachment of something having a fixed location
on the ground, including but not limited to
buildings, factories, sheds, detached garages,
cabins, manufactured homes, travel
trailers/vehicles not meeting the exemption
criteria specified in Section 8.3 of the ordinance
and billboards, carports, porches, and other
building features but not including sidewalks,
drives, fences and patios.
VARIANCE - A modification of a specific permitted
development standard required in an official
control including this ordinance to allow an
alternative development standard not stated as
acceptable in the official control, but only as
applied to a particular property for the purpose of
alleviating a hardship, practical difficulty or
unique circumstance associated with the property.
SECTION 4: FLOOD PLAIN DISTRICT
4.1 FLOOD PLAIN DISTRICT. The Flood plain District shall
include those areas designated as Zone A-2 and A-7 on
the Flood Insurance Rate Map adopted in Section 2.2.
4.2 COMPLIANCE: No new structure or land shall hereafter be ~:
used and no structure shall be located, extended,
converted, or structurally altered without full
compliance with the terms of this Ordinance and other
applicable regulations which apply to uses within the
jurisdiction of this Ordinance. Within the Flood Plain
District, all uses not listed as permitted uses or
conditional uses in Sections 5.1 and 5.3 that follow,
shall be prohibited. In addition, a caution is provided
here that:
(A)
Modifications, additions, structural alterations or
repair after damage to existing nonconforming
structures and nonconforming uses of structures or
land are regulated by the general provisions of
this Ordinance and specifically Section 10; and
5
(B) As-built elevations for elevated or flood proofed
structures must be certified by ground surveys and
flood proofing techniques must be designed and
certified by a re~istered professional engineer or
architect as spec1fied in the general provisions of
this Ordinance and specifically as stated in
Section 9.2(E) of this Ordinance.
SECTION 5: PERMITTED AND CONDITIONAL USES
5.1 PERMITTED USES:
The fOllowing uses shall be permitted uses within the
Flood Plain District to the extent that they are not
prohibited by any other ordinance:
(A) Open Space, Recreation, Retaining Walls, Stairs,
Platforms and Fill approved in conjunction with a
development proposal.
Accessory structures provided ther comply with the
provision of Section 5.4(E) of th s Ordinance.
Fill may be a permitted use provided that it is
part of a development project and is accompanied by
an approved building permit and/or grading and
filling permit. Fill shall be protected from
erosion by vegetative cover, mulching, rip rap or
any other acceptable method, approved in advance by
the City of Prior Lake. All buildin9 permits for
lands within the Flood Plain Distrlct shall be
forwarded to the Department of Natural Resources
for review and a~proval according to the procedures
,outlined in Sect10n 9 of this Ordinance.
Residence and other structures constructed on fill
so that the basement floor or first floor, if there
is no basement, is at or 'above the re9ulatory flood
protection elevation. The finished f1l1 elevation
shall be no lower than one (1) foot below the
regulatory flood protection elevation and shall
extend at such elevation at least fifteen (15) feet
beyond the limits of any structure or building
erected thereon. Fill shall be compacted and the
slopes shall be protected by rip rap or vegetative
covering, approved in advance by the City of Prior
Lake.
5.2 STANDARDS FOR PERMITTED USES:
(B)
(C)
(D)
(A)
(B)
The use shall have low flood damage potential.
The use shall be permissible in the underlying
zoning district.
6
(C) The use shall not adversely affect the regional
flood elevation or cause a measurable increase in
the stage of the lOO-year or regional flood or
cause a considerable increase in flood damages in
the reach or reaches affected.
Residences that do not have vehicular access at or
above an elevation not more than two (2) feet below
the regulatory flood protection elevation shall not
be permitted unless granted a variance by the Prior
Lake Planning Commission. In granting a
variance, the Prior Lake Planning Commission shall
specify limitations on the period of use or
occupancy of the residence.
Where existing streets, utilities, and small lot
sizes ~reclude the use of fill, other methods of
elevatlng the first floor (including basements)
above the regulatory flood protection elevation,
may be permitted provided appropriate variances are
granted by the Planning Commission and provided
that the residence is flood-proofed in accordance
with the state Building Code.
(D)
(E)
~
5.3 CONDITIONAL USES:
The fOllowing uses shall be conditional uses within the
Flood Plain District to the extent that they are not
prohibited by any other ordinance:
(A)
(B)
Marinas, boat rentals, piers, wharves, and water
control structures. Railroads, streets, bridges,
utility transmission lines, and pipelines.
Flood control structural works
dikes and floodwalls intended to
structures and or agricultural
flood equal to or less than a
flood event.
such as levees
protect individual
crops against a
lO-year frequency
5.4 STANDARDS FOR CONDITIONAL USES:
(A)
(B)
(C)
All Uses. No structure (temporary
fill (including fill for roads
deposit, obstruction, storage of
equi~ment, or other uses may be
Condltional Use that will adversely
regional flood elevation or cause a
increase in flood damages in the reach
affected.
or permanent),
and levees) ,
materials or
allowed as
affect the
considerable
or reaches
All Conditional Uses shall be subject to the
procedures and standards contained herein.
The Conditional Use shall be permissible in the
underlying Zoning District.
7
(4) Requirements for construction of channel
modifications, compensatory storage, dikes,
levees, and other protective measures.
(5) Flood-proofing measures, in accordance with
the state Building Code and this Ordinance.
The applicant shall submit a plan or document
certified by a registered professional
engineer or architect that the flood-proofing
measures are consistent with the Regulatory
Flood Protection Elevation and associated
flood factors for the particular area.
SECTION 10: NONCONFORMING USES
*
10.1 A structure or the use of a structure or premises which
was lawful before the passage or amendment of this
Ordinance but which is not in conformity with the
provisions of this Ordinance may be continued subject to
the following conditions:
(A)
No such use shall be expanded, changed, enlarged or ~
altered in a way which increases its
nonconformity.
Any alteration or addition to a nonconforming
structure or nonconforming use which would result
in increasing the flood damage potential of that
structure or use shall be protected to the
Regulatory Flood Protection Elevation in accordance
with any of the elevation on fill or flood proofing
techniques (i.e., FP-1 through FP-4 flood proofing
classifications) allowable in the State Building
,Code, except as further restricted in 10.1(C)
below.
The cost of any structural alterations or additions ~
to any nonconforming structure over the life of the
structure shall not exceed 50 percent of the market
value of the structure unless the conditions of
this Chapter are satisfied. The cost of all
structural alterations and additions constructed
since the adoption of the City of Prior Lake's
initial flood plain controls must be calculated
into today's current cost which will include all
costs such as construction materials and a
reasonable cost placed on all manpower or labor.
If the current cost of all previous and proposed
alterations and additions exceeds 50 percent of the
current market value of the structure, then the
structure must meet the standards of Chapter 4 of
this Ordinance for new structures.
If any nonconforming use is discontinued for 12
consecutive months, any future use of the building
premises shall conform to this Ordinance.
(B)
(C)
(D)
19
(E) If any nonconforming use or structure is destroyed
by any means, including floods, to an extent of 50
percent or more of its market value at the time of
destruction, it shall not be reconstructed except
in conformity with the provisions of this
Ordinance. The applicable provisions for
establishing new uses or new structures in Chapter
4 will apply.
SECTION 11: PENALTIES FOR VIOLATION
11.1 Violation of the provisions of this Ordinance or failure
to comply with any of its requirements (including
violations of conditions and safeguards established in
connection with grants of Variances or Conditional Uses)
shall constitute a misdemeanor and shall be punishable
by law. Any party that violates this Ordinance shall be
guilty of a misdemeanor and upon conviction thereof, be
punished by a fine not to exceed $700.00 dollars or by
imprisonment for a term not to exceed ninety (90) days.
11.2 Nothing herein contained shall prevent the City of Prior
Lake from taking such other lawful action as is
necessary to prevent or remedy any violation. Such
actions may include but are not limited to:
(A)
(B)
In responding to a suspected ordinance violation,
the Director of Planning and the City of Prior Lake
may utilize the full arra~ of enforcement actions
available to it includlng but not limited to
prosecution and fines, injunction, after-the-fact
permits, and orders for corrective measures. In the
event that it is proven that an individual has
violated this Ordinance, the City may request that
flood insurance, available through the National
Flood Insurance Program, be denied to the guilty
party. The City of Prior Lake must act in good
faith to enforce these official controls and to
correct ordinance violations to the extent possible
so as not to jeopardize its eligibility in the
National Flood Insurance Program.
When an ordinance violation is either discovered by
or brought to the attention of the Director of
planning, he/she shall immediately investigate the
situation and document the nature and extent of the
violation of the official control. As soon as is
reasonably possible, this information will be
submitted to the appropriate Department of Natural
Resources and Federal Emergency Management Agency
Regional Office along with the City of Prior Lake's
plan of action to correct the violation to the
degree possible.
20
March 11, 1992
City of Prior Lake
4629 S.E. Dakota Street
Prior Lake, Minnesota 55372
Subject: Variance on Lot 26 Boudins Manor
TO WHOM IT MAY CONCERN
. Enclosed please find the following:
a) complete application form
b) Appropriate filing fees
c) Survey of property (see parcel map)
d) certified list of all property owners within 100 ft.
e) complete legal and PID
f) Parcel map at 30 scale showing required information
The reasons for the request are:
1) Access to the residence will be a covered entry on the
Southeast side.
2) The proposed locati on will equa 1 di stances between prooerti es
on both sides. .
3) There is a proposed easement on the SoutheasterlY 10 ft. o.f
the property Document 00.. .146692.
Your consideration is appreciated.
Sincerely,
fl;;~.
Dennis Schwieters
DS/gh
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I
SURVEY PREPARED FO~
McKNIGHT 8 ASSOC
14198 COMMERCE AVE, NE,
PRIOR LAKE, MN. 55372
Valley Surveying Co., F?A.
SUITE 120-C, 16670 FRANKLIN TRAIL
FRANKLIN TRAIL OFFICE CONDOMINIUM
PRIOR LAKE, MINNESOTA 55372
TELEPHONE (612) 447 - 2570
o~
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'-. .....'
EXIST'NB
HOUSE
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Drive 904," ~~~~~~ ~V/
904.72 ^~.... /dt::)
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;7
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DESCRIPTION:
Lot 26, BOUDIN'S MANOR, Scott County, Minnesota. Also showing the location of
the proposed house as staked this 22nd day of January, 1992.
Notesl
~
Benchmark elevation 909.08 top of the garage slab of the house on
lot 25.
905.3 Denotes existing grade elevations on site
"
~97.1) Denotes proposed finished grade elevations
Denotes proposed direction of finished drainage
00
Set the proposed slab at elevation 907.2~ IQI.O
Set the top of block at elevation gel' .19C) 6'1 _ c:,
The total lot area above el. 904 = 6,686 sq. ft.
o
,
SCALE
30
j
IN
60
I
I ~by certify that ffli. IIM"Vey wa. prepcnd
by me or under my direct sup~i.;on and Hlat
I am a duly IicenMd land Sarveyor under 1M
law. of the State;11/ M.2n ne ta,
r/ ~./~. ,.
.,. .'/'
J' /,' /
.'_~~' t/l/I ~ )'/."('<....1-' ~ . '--'.,-{J74-f.,,~---
Date -' -'':' _.~ l/cen.. No, 10183
FEET
o OenC1t.., /2 inch I( 14 inch Iron
monument Nt and marlled by
license No. '0183
. Denot.. iron mOtlumetlt found
. Denote. P K, Nail .et
FilE No.
8940
SOOK
184
PAGE
39
SURVEY PREPARED FOR:
WENTWORTH CONST.
/4424 WATERSEDGE TRAIL
PRIOR LAKE, MN, 55372
Valley Surveying Co., I?A.
SUITE 120-C, 16670 FRANKLIN TRAIL
FRANKLIN TRAIL OFFICE CONDOMINIUM
PRIOR LAKE, MINNESOTA 55372
TELEPHONE (612) 447-2570
o~
~~'\ ,.,0'
~ ~ ,p"
~ ..",,4
..
~ ,41.
o. ".
"
Ex/sr'NS
HOOSE
3~O
r
DESCRIPTION,
Lot 26, BOUDIN'S MANOR, Scott Count,y, Minnesota. Also showing the location of
the proposed house~
Notes I
.~
'Benchmark elevation 909.08 top of the garage slab of the house on
lot 25.
905.3 Denote~existing grade elevations on site
~ "
~7.1) Denotes proposed finished grade elevations
Denotes proposed direction of .finished drainage
Set the proposed slab at elevation 907.29
Set the top of block at elevation 907.79
The total lot area above e1.904 ... 6, 686 sq. ft.
REVISED 3/101' IU TO $HOWNEW
PROPOSED HOUSE FOR VARIANCE
REQJEST
o
I
SCALE
30
I
IN
I "'''y ctrflfy tltol W. MWy W' ,.,."...,
by.... or ....... my ..., _1PVf,'on fJftd ffMJt
I am G duly Ht*1Hd lcmd s.n.,or....,., IN
bWl of 1M Sterti '1)'!Mr'fl, .
~. ..t(7~
0cI11 I - k.: -~ lIcent. No, 10111
o Denof.. 1/2 Inch x ,~ Inch Iron
monument .,1 and marlr.d "1
Ucenll No. 10'83
. Denot.. .'ron monulMfl' found
. Denot.. P. K. Nail ..t
FILE No.
89~0
800f(
184
PAGE
39