HomeMy WebLinkAboutVA93-17 Sonnenberg Variance
VA 93 - /1
PIOt3,3,. I. ~- D'.,z- (~
~ITY OF PRIOR LAKE
APPLICATION FOR VARIANCE
Applicant: <=,,~< c. \ i\ 5)c:: ,,\',~ {"\.\-')L -.( ~
Address: ) 1....\ ~ 1 c \~ ~ f \ <L ~'.A; \ S , L ,
Property Owner: "(\ \"\.\ ~.
Address: .-.J f\ \ 1 t..
Type of Ownership: Fee X Contract
Consultant/Contractor:
Home Phone: ~(::J- 4 \-Ie - I C ~_L~
Work Phone:..,y"'l- l_j C, q -1t:L5'-~
Home Phone:
Work Phone:
Purchase Agreanent
Phone:
Existing Use _
of Property: S ..~ f'\ C'>\ \ ~ )::. (\ "t" ~ \.\{
Legal Description .
of Variance Site: ~~- \ 0 ",t \ (~n~ ~~c\-..
Variance Requested: 1.-\ i \; (Ox i ~n '-""- +. ~1'Y, .s c '
R: t\\-,t '> ~ \.t..} ""'I' .
Present Zoning: R .i
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S'- -\ \> r.... ~ ~...:> '"'" \-4 "" " 1::\
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 ~
What was requested:.
When: Disposition:
~sc~~ the type of improvements proposed: A~A .~ Sc.\:,_\ (' r\ r(,)<;,..."'\ 1-}J
4<...~. S-\' . '" (\ c\ ~.A. ~ .
SUBMISSION REOUIREMENI'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. (O)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 COMPLEl'E APPLICATIONS SHALL BE ACCEPI'ED AND REVIEWED BY Tti.tJ PLANNIN:; <:n-1MISSION.
To the best of nw 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 agrees~. p. rov~.de~nf..o. rma.... tion .and follow the
procedures as outlined in the Ordinance. .5l.ts" ~N .~'(v, ........\, .,)
5\Jbnitted this l:lday of A''''I''rt 19'13 l::~sr:::,k,~
Fee Owners Signature 0
THIS SPACE IS 'It) BE FILLED OUT BY THE PLANNING OI~R
PLANNING <:n-1MISSION
CITY COUOCIL APPEAL
v
APPROVED
APPROVED
DENIED
DENIED
q/ 2/ q3
DATE OF HEARING
mTE OF HFARIN:;
<X>NDITIONS:
4!i)~JfYl. fYJdl~ A~{(){jf17T $r1}t,3) ,qCJ.3
Signature of the '"Planning Directorptl/fVrJftpate I /
VA 93...17
VARIANCE CHECK LIBr
"VARFM. n
roBJEcr ::SJ.Tt;: /~7t? MAPLE fRAIL
APPLICANl': ~I?AL[J ~OJHJ6'N ee~ G--
OCHIDULE HFARIN3 DATE:
DNR NOl'ICE IF SHORELAND:
PREPARE AREA MAP:
APPLICANl' w~'~CE:
PROPERlY CMNERS wnCE:
l'VnCE 'It) __ _ EN;INEERING
NJrIFY OTH~:
t-J {A Scott County
~ Watershed District
<n1MISSION AGENDA PACKETS:
v. staff Memo
V / Application Form
V Copy of Public ~tice
CHECK
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V-
DATE TASK a::MPL.tJ"~'w
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v' MNOOT
- Other
1/ Applir':oIhl e Maps
--;y-; Copy of Parcel Info.
V Other Applicable Info.
BrAFF A\.,T~ v ~T~ES
MAIL <X>PY OF APPLICATION AND
REQUIRED <DNDITIONS 'lO APPLICANl': V
MAIL <X>PY OF APPLICATION AND
<X>NDITIONS 'lO DNR: N A
GIVE wt'Y. OF APPLICAnVl~ AND
<DNDITIONS 'lO BLD. INSPEC'lDR
ASSIGN FILE NUMBER:
AMEND VARIANCE SUMMARY ::S~-..I::
ADD PERo1IT 'lO PROPERlY MGfi':
FILE BY: File #: VA fj3.17
Legal: LdT' Z , 6~ I
~/(l.If.IJ> ~,4U(
FILE SHOULD CONTAIN:
/' staff Memo
V Original Application
v Copy of NOtice to Owners
V Planning Cormn. Minutes
V' other Information
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Applicant: J..r:t1.Y $O.NN~NgE:rz.~
Address: -'!!r...~1~AP~ --1flA1L-.
i'fw APP'~
v' Applicable Maps and Documents
v/ Copy of Public Notice
Correspondence
Council Minutes if Applicable
PLANNING COMMISSION
MINUTES
September 2, 1993
The September 2, 1993, Planning Commission Meeting was called to order by Chairman Arnold
at 7 :30 P.M. Those present were Commissioners Arnold, Greenfield, Loftus, and Secretary Rita
Schewe. Commissioner Roseth arrived at 7:35 P.M. Director of Planning Horst Graser and
Associate Planner Gina Mitchell arrived at 7:42 P.M.
ITEM I . REVIEW MINUTES OF PREVIOUS MEETING
MOTION BY LOFTUS, SECOND BY GREE~t<lliLD, TO APPROVE THE MINUTES AS
WRUlhN.
Vote taken signified ayes by Loftus, Greenfield, and Arnold. MOTION CARRIED.
A recess was called at 7 :32 P.M. and reconvened at 7 :35 P.M., at which time the next agenda
item was scheduled.
ITEM n . GERALD SONNENBERG. VARIANCE
Gerald Sonnenberg-l4870 Maple Trail, is requesting a 4 foot setback variance from the 50 foot
setback from Highway 13 in order to construct a three-season porch over an existing deck. When
the house was built in 1977, the setback requirement was 25 feet and the deck was legal when
built. When the City changed the setback requirement to 50 feet in 1983, a variance is needed to
do any alterations.
As the Director of Planning Horst Graser and Associate Planner Gina Mitchell were not present,
Chairman Arnold begin reading the Planning Report of September 2, 1993, until the arrival of
Mr. Graser at 7:42 P.M.
Mr. Graser continued the presentation. The subject site is 88 X 135 feet and the deck has a legal
non-conforming setback of 46 feet from the right-of-way line of State Trunk Highway 13. The
proposed construction would not encroach further into the setback, would improve the
appearance of the property, and will not affect the neighborhood. The hardship is not the result
of the applicant but in a code change by the City of Prior Lake. Recommendation by Staff is to
approve the variance as requested.
Chairman Arnold read into the record the responses from the following: phone calls from Barb
Elliott-6757 Rustic Road and Ron Noonan-14867 Maple Trail, in favor of the variance. A letter
was received from Ron Evans-l4888 Ma:ple Trail, also suppporting the variance.
Comments from the Commissioners were: on the structure already built, hardship is caused by
change in code, and all were in consensus-of approval.
MOTION BY LOFfUS, SECOND BY GREE~t'H~.LD, TO APPROVE A FOUR (4) FOOT
SETBACK VARIANCE FROM THE t<ll'l 'l (50) FOOT SETBACK REQUIREMENT FROM
STATE TRUNK HIGHWAY 13 RIGHT-OF-WAY LINE. RATIONALE BEING THE
PLANNING COMMISSION
September 2.1993
Page 1
EXISTING DECK IS A LEGAL NON-CONFORMING STRUCIURE, THE PROPOSED
CONSTRUCTION WOULD NOT ENCROACH ANY FURTHER INTO THE CURRENT
SETBACK, THE HARDSHIP WAS CAUSED BY A CHANGE IN THE CODE BY THE CITY
OF PRIOR LAKE AND NOT THE APPLICANT, AND IT WOULD NOT BE DETRIMENTAL
TO THE HEALTH AND WELFARE OF THE COMMUNITY.
Vote taken signified ayes by Loftus, Greenfield, Roseth, and Arnold. MOTION CARRIED.
A recess was called at 7:50 P.M. as the next scheduled item was for 8:00 P.M., at which time the
meeting was reconvened.
ITEM III. JOHN BEAUPRE. VARIANCE
John Beaupre-5504 Candy Cove Trail stated he has a purchase agreement on property located at
15271 Fairbanks Trail and as there is not a garage on the site now, is requesting a 5 foot variance
in order to build. The sale is contingent on the approval of a variance.
Horst Graser presented the information as per memo of September 2, 1993. The request is for a
5 foot west sideyard setback variance from the 10 foot sideyard setback requirement. Previous
variances granted to the subject site were for a 5 foot east sideyard variance for a house addition
in 1984 and a 5 foot east sideyard variance for a porch and deck in 1991. The subject site is flat
near the building pad and slopes sharply down to the rear and is approximately 50 X 150 feet.
There has been precedence set of variances granted in the neighborhood. The proposed
construction goes beyond any previously established variance perimeters. The Planning
Commission has never issued two 5 foot sideyard variances. The maximum sideyard variances
have been 5 feet and 3 feet. The neighborhood is in a period of transition and development. Mr.
Graser suggested a change in the garage design and a 3 foot variance be granted instead of the 5
foot as requested.
John Beaupre stated the change suggested would not be practical or aesthetically pleasing to the
existing construction.
Comments from the Commissioners were: Commissioners Greenfield read the hardship findings
into the record and with that interpretation, does not approve of the variance. Commissioners
Roseth voiced concerns on starting a precedence if a double variance was granted for the
property. Commissioner Loftus stated the lot is substandard, felt if a variance is granted it should
be as the applicant requested, rather than reducing the request to 3 feet. Commissioner Arnold
stated that granting a variance would set a precedence.
MOTION BY GREENFIELD, SECOND BY ROSETH, TO DENY THE REQUESTED
VARIANCE FOR 15271 FAIRBANKS TRAIL, ClUNG THAT THE APPLICANT HAS NOT
PROVEN HARDSHIP FINDINGS 1 TO 4 AS OUTLINED IN THE STAFF REPORT AND
THE APPLICANT'S PROPOSAL OF AN AESTHETICALLY PLEASING DESIGN IS NOT
RECOGNIZED AS CRITERIA FOR GRANTING A VARIANCE.
Vote taken signified ayes by Greenfield, Roseth, and Arnold. Nay by Loftus. MOTION
CARRIED. Variance was denied. -....
IT.E.M IV . JERRY YOTTNG . VARIANCE
Jerry Young-5465 Shore Trail, stated he ~ishes to construct a deck over an existing patio and is
requesting a rear yard and east sideyard variance.
PLANNING COMMISSION
September 2,1993
Page 2
AGENDA ITEM:
SUBJECT:
APPLICANT:
SITE ADDRESS:
PRESENTER:
PREPARED BY:
PUBLIC HEARING:
DATE:
PLANNING REPORT
2
VARIANCE
GERALD SONNENBERG
14870 MAPLE TRAIL
HORST GRASER, DIRECTOR OF PLANNING
JAMES HAYES, ASSOCIATE PLANNER
_YESXNO
SEt' IbMBER 2, 1993
'VAI7PR'
WSTORY!BACKGROUND:
The Planning Department has received a variance application from Gerald Sonnenberg of 14870
Maple Trail. The applicant proposes to construct a 12 foot by 13 foot three season porch over an
existing deck as per attached site plan. The existing deck currently has legal non-conforming
setback of 46' from State Trunk Highway 13. The Zoning Ordinance requires a 50' setback from
the right-of-way line. The following variance is requested in order to construct the improvements
as proposed:
1. 4' setback variance from the 50' setback requirement from State Trunk Highway 13
right-of-way line.
PREVIOUS PROPOSMtS:
There are no previous proposals on file for the subject site.
PHYSIOGRAPHY:
The site is relatively flat with an earth berm separating the rear yard from State Trunk Highway
13.
AD.TACRNT USES:
The adjacent properties are developed with single family homes. This neighborhood was
constructed in the late 1970s and early 1980s and has seen numerous improvements since that
time.
EXISTING CONDITIONS:
The site plan indicates the locations of the existing structure and deck and proposed three season
porch. The subject site is 89 feet wide and 135 feet long containing 12,015 square feet. The
existing home is located 35 feet from the front property line, 27 feet from the northeast side
property line, and 10 feet from the southwest side property line. The existing deck has a legal
non-conforming setback of 46 feet from the right-of-way line of State Trunk Highway 13.
PRECEDRN(;E:
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 I Ph. (612) 447-4230 I Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPlDYER
Staff researched and found that only one variance file exists for the seventeen lots located in this
area of Maple Trail and Rustic Road. The attached map indicates the study area. The one
variance file was a request for a 15 foot front yard variance and was denied due to lack of
demonstrated hardship. There does not appear to be any precedence in this neighborhood, but
possibly throughout the entire city. In the past, legal non-conforming setbacks have been granted
variances as long as the proposal does not further encroach on the setback. That is the case with
this variance request, a legal non-conforming setback is not proposed to be increased, only
improved with a three season porch.
NEIGHBORJfOOD ISSUESIIMPACT/CONCERNS:
This is a well established neighborhood with most of the structures meeting the requirements of
the Zoning Ordinance. This proposal would not have a detrimental effect on the neighborhood
since the deck is already in place. The addition of a three season porch will illlt'~ove the
appearance of the property and will not affect any property owner to the rear of the site. The site
backs up to State Trunk Highway 13 and no neighbors would be directly affected. This is a
reasonable use of the property and is consistent with the area in which it is being t'~vt'osed.
ALTERNATIVES:
1. Approve the application as submitted. The applicant proposes to construct a three season
porch over an existing deck located 46' from the right-of-way of State Trunk Highway
13. This would require a variance of 4' from the 50' setback requirement.
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 FINDlNCtS.:
1. Literal enforcement of the Ordinance would result in undue hardship with respect to the
property.
The applicant would not be able to improve his property if the Ordinance is strictly
enforced in this situation.
2. Such unnecessary hardship results because of circumstances unique to the property.
Rationale for granting the variance is that there is a single family home which backs up to
a State Highway. The deck currently encroaches on the setback and is not proposed to be
increased.
3. The hardship is caused by provisions of the Ordinance and is not the result of persons
presently having an interest in the property.
The hardship is not the result of the applicant as the home and deck were constructed
prior to the adoption of the Zoning Ordinance in 1983 setting forth the setbacks from
State Trunk Highway 13.
4. The variance observes the spirit and intent of this Ordinance, produces substantial justice,
and is not contrary to the public interest.
The variance observes the spirit and intent of the Ordinance by allowing a legal
non-conforming setback to be improved but not increased. Substantial justice is realized
by allowing the applicant to improve his property. The variance is also not contrary to the
public interest since it does not directly affect a rear neighbor, and a legal
non-conforming setback is not being increased.
RECOMMENDATION:
Staff recommends Alternative number 1 due to the fact that a legal non-conforming setback is
not proposed to be increased precedence from other variance requests and that the variance will
not adversely impact the neighborhood.
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NOTICE OF HEARING
.EQR
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:
Selltember 2. 1993 at
7:35
P.M.
SUBJECT SITE LOCATION:
To consider a variance application for Gerald
Sonnenberg of 14870 Maple Trail.
14870 Maple Trail, Lot 2, Block 1, Oakland Beach
4th Addition, Scott County, Minnesota.
PURPOSE OF HEARING:
REQUESTED ACTION:
The applicant proposes to construct a 12' by 13'
three season porch over an existing deck at the rear
of his property. In order to construct the
im}'~u vements, the following variance is requested:
a 4' setback variance from the 50' setback
requirement from State Trunk Highway 13.
.....
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: August 20, 1993
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLDYER
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EquityTitle Services
6800 Production Cenrer
6800 France A.venue South
Suite 400
Edina, Minnesota 55435
(612) 928-$200
ABSTRACTIN~ INV01CF.
CUSTOMER:
,TERRY SONNENEERG
ETS File No.:
COUNTY:
62392
SCOTT
Legal Description: OAKLAND BEACH
Property Address:
City:
Reference:
'l:nillsact~
Abstract Fee
AsseSsment Search Fee
Other
Other
TOTAL CHARGES
Char~~
$150.00 RADIUS SF~RCH
S .00
$ .00
$ .00
$150.00
PLEASE Kru<E ALIJ CHECKS PAYABLE TO: EQUITY TITLE SERVICES
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(612) 440-6666 · FAX (612) 440-6667
14127 Commerce Avenue N E .
. , . Pnor Lake, Minnesota 55372
(S.w. Corner County Road 42 & Highway 13)
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