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HomeMy WebLinkAboutVA93-18 Beaupre Variance VA 'f3 - Ie PID#~ -tJ3b -011...0 CITY OF PRIOR LAKE APPLICATION FOR VARIANCE Appl icant: ~ \1t ~ P. IS l2t:l u P ('~ Home Phone: <( 'f 7--.:.19 33 Address: _S"':SO'-l {~ Co".e. 1:}. sf:' PfI'.tl(l J ak..tL Work Phone:--=za G,- <07 t:,<a Property Owner: ~ ~A Home Phone: 4'(7- ~07Y_ Address: 1~-~7J Fa, II ha'1l< s;J ,I'. Al.c, ~. t.tJ.k-4. i'K>rk Phone: Type of Ownership: Fee Contract Purchase Agreement X Consultant/Contractor: _ ~tl"" /}\-fkclI\ e..v CCvl,.;t. Phone: ~<'{7,,~:R c;,r:) I Existing Use of Property: 7/NGr~ -fAMIt--Y Present Zoning: R. i --SP Legal Description of Variance Site: /-tTf' 12 I" MAF~ PA~ 'S14 o~ ~S Variance Requested: ? ~DI ~.7r 'Sol pg- Y A\<. 0 Has the applicant previously sought to plat, rezone, use permit on the subject site or any part of it? What was requested: When: Disposition: obtain a_ v}lriance or conditional Yes X N:> I ' Describe the type of ~rovements proposed: lSu dd a I-;arn 0 .p I ~ WIJ.Q.. k ~(" ( D-e~f' J SJBMISSION .t<UJLJIREMENI'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 (pm). (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 ACCU'l."w AND RE.VIE.WED BY THE PLANNIm mtMISSION. To the best of I1"!Y knowledge the information presented on this form is correct. In addition, I have read Section 7.6 O'f the Prior Lake Zoning - Ordinance which specifies requirements for variance procedures. I agree;:;{l_<;Jp. ide {Jorrnation and follow the procedures as outlined in the Ordinance. / - If) ".. ,/ - M J.'JC4~,7 /~licants Sign~ttrr€' / &1tmitted this '&day of --'k.vusf19.!l3 '?f;rl tuL !I<~ (Ia) -Fee Owners si~~re THIS SPACE IS 'IO BE FILL~ BY THE PIANNIOO DIROCTOR PIANNIOO CDMMISSION / APPROlED DENIED ~I q3 MTE OF HEARIm CITY COUN:IL APPEAL V APPROVED DENIED -.:J.fj2 d J0J3 MTE OF HEARI~ roNDITIONS:lh~ (lJ'tv (j)()(}~i.1 hO/J !1f2Prov-r4 tfe 51 west ~de vareX VCLr I ~n N)/. I / ~;Jif{/)Jtr(.'ffJi:tehIll-A55DrjrI.tv P/t1nnGr ~ t n-J-/. " Iqq} Signature of t'he Planning Director Dat~ '1' J/l ~ I VARIANCE CHECK LIS!' "VARFM " SUBJEcr ~.L..L"tJ: i?Z7 ( t='AlflB AN ~ "'fT24IL Nt APPLICANI': ..JoHN ~t..fpge: OCH.l:il..JuJ.JE HFARHl; DATE: DNR NOI'ICE IF SHORELAND: PREPARE ARFA MAP: APPLICANI' wl.".LCE: .t'1:<U.t'J:~a<J::l CMNER.S wnCE: wnCE TO.-. - EN:;nu~a:...t<IN; Wl.'.J.J:-:l' OTHERS. N A Scott County ~P4 Watershed District COMMISSION AGENDA PACKETS: v staff Memo v Application Form v Copy of Public Notice Ltlll.J.\ V- V"/ ,-7 ~ ~ v pATE TASK CCMPL.i:.i'ili ~ /;6/"3 ~/~/t?J3 A,//~/J3 ~1'2o 'Ico ~1zo~13 ~7iJ, j:L::t ~= V Applicable Maps V Copy of Parcel Info. vi Other Applicable Info. .SI'AFF AcrIVITIES MAIL Wk':l OF APPLICATION AND REQUIRED CONDITIONS TO APPLICANI': MAIL UJk'X OF APPLICATION AND CONDITIONS TO DNR: GIVE Wk'X OF APPLICAITON AND CONDITIONS TO BLD. INSPECI'OR ASSIGN FILE NUMBER: AMEND VARIANCE SUMMARY ~m.;J::i.L': ADD PEmIT TO .t'MJ.t'ERl'Y MQ\T: FILE BY: File t: VA9J...JB Legal: ~ 12, MApL.$ ~ S~o~ 1Jd-f.$ FILE SHOULD CONrAIN: staff Memo Original Application Copy of Notice to Owners Planning Comrn. Minutes other Information v V' ~ / / V q /22/C(3 . ' 1/22jq3 . . 1!2-2/q3 I I q J '3 I q3 9/2'2JQ3 J I q/22jqJ J Applicant: ..JoHN l?kAUP2~ . Address: /t;z.71 ~AIe.gAN~y"f~IL Nt Applicable Maps and Documents Copy of Public Notice Correspondence Council Minutes if Applicable AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: DISCUSSION: ALTERNATIVES: STAFF AGENDA REPORT 7b HORST W. GRASER, DIRECTOR OF PLANNING JOHN BEAUPRE - VARIANCE APPEAL SEPTEMBER 20, 1993 I have received a request from Mr. John Beaupre dated September 3, 1993, appealing the denial of his variance request by the Planning Commission to construct a 18 X 26 foot garage. Mr. Beaupre has a purchase agreement to buy Lot 12, Maple Park Shore Acres, subject to obtaining a building permit to build a 18 X 26 foot garage to the west of the existing structure. The Planning Commission discussed the item and found that the variance was not warranted. The following facts were sited: 1 . Two 50% variances on both sideyards were inconsistent with established precedence. 2. A single car garage of adequate size could be added without a variance. 3. The applicant can use his property in a manner consistent with the character of the neighborhood. 4. The applicant did not prove a hardship with respect to the criteria found in the Zoning Ordinance. There was no one in the audience that objected to the variance. Attached please find the application, staff analysis, and Planning Commission minutes of September 2, 1993, (please note, these minutes have not been approved by the Planning Commission). Staff has recommended a three (3) foot variance giving the applicant a sixteen (16) foot garage. 1. Support the decision of the Planning Commission. 2. Approve the variance as requested by the applicant. 3. Approve the variance as recommended by Staff. ACTION REQUIRED: Depends on Council discussion. -1- 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPlDYER .VAI8PR' PLANNING REPORT AGENDA ITEM: SUBJECT: APPLICANT: SITE ADDRESS: PRESENTER: PREPARED BY: PUBLIC HEARING: DATE: 3 VARIANCE JOHN BEAUPRE 15271 FAIRBANKS TRAIL HORST GRASER, DIRECTOR OF PLANNING JAMES HAYES, ASSOCIATE PLANNER _YESXNO SEt'lbMBER 2, 1993 HISTORY/BACKGROUND: The Planning Department has received a variance application from John Beaupre of 5504 Candy Cove Trail, for a property located at 15271 Fairbanks Trail. The applicant proposes to construct a 18 foot by 26 foot garage as per attached survey. The Zoning Ordinance requires a 10 foot setback from side yard property lines. The following variance is requested in order to construct the improvements as proposed: 1. 5 foot west side yard setback variance from the 10 foot side yard setback requirement. PREVIOUS PROPOSALS: In 1984, a 5 foot east sideyard variance was granted for a house addition. In 1991, a 5 foot east sideyard variance was granted for a porch and deck. flIVSIOGRAPHY: The site is relatively flat near the building pad and slopes sharply down at the rear of the site near Prior Lake. The total change in elevation is approximately 20 feet from the road to the shoreline. ADJACENT USES: The adjacent properties are mostly developed with single family homes. This neighborhood was originally developed in the 1920s and 1930s and has seen numerous improvements since that time. Most of the improvements have taken place in the last 20 years and range from removal of cabins, new construction, and additions to existing homes. EXISTING CONDITJON~: The survey indicates the locations of the existing house, deck and three season porch and proposed garage. The subject site is 50 feet wide at the street and approximately 56 feet at the 904 contour of Prior Lake. The west side measures 150 feet and the east side measures 175 feet for a total of approximately 8,600 square feet. The existing home and porch is located 28 feet from the front property line, between 85 and 100 feet from the 904 contour, 5 feet from the east 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPlDYER side property line, and 24 feet from the west property line. PRECEDENCE: Staff researched and found that 17 variance files exist for the 23 lots located near the subject site at 15271 Fairbanks Trail. The attached map and addendum indicates the lots which have received variances. These 17 files were distributed across twelve different lots in the area, For six of these lots, one variance was granted; two lots were granted two variances; one lot was granted three variances; two lots were granted four variances; and one lot was granted six variances in three separate files. Out of these 17 files only one variance was denied, and that property had previously received a variance in a separate file. The variances granted included side yard, front yard, lake shore and lot coverage requirements. The side yard variances ranged from 2 to 10 feet with an average of 4.7 feet. The front yard variances ranged from 5 to 25 feet with an average of 11 feet. The lakeshore variances ranged from 22 to 28 feet with an average of 25 feet. The lot coverage variances were a.....,Uv"ed with a 6% variance in two separate files. All but six of the variance were granted prior to the adoption of the 1987 Shoreland Ordinance, therefore, lot area and impervious surface were not considered. In addition to the variances granted, a majority of existing homes are located at various setbacks, most of which are not compliant with Prior Lake Zoning Standards. The final area where precedence may apply is in the applicant's request for a garage. Throughout the City, the Planning Commission has granted variances for construction of a garage if the site does not contain an existing garage. In this case, the site does not have an existing garage and the applicant is proposing to construct a one and a half car garage that goes beyond any previously established variances perimeters. The Planning Commission has never issued two 5 foot side yard variances. The maximum sideyard variances granted have been 5 feet and 3 feet. NEIGHBORHOOD ISSUES/IMPACT/CONCERNS: This is a well established neighborhood with single family homes and cabins situated at various setbacks from all property lines. This neighborhood has been in transition for many years and has a number of structures that have been renovated or removed and rebuilt. Given the number of variances granted in the area, the impact on the surrounding neighborhood will be minimal if there is any impact at all. ALTERNATIVES: 1. Approve the application as submitted. The applicant proposes to construct a 18 foot by 26 foot garage adjacent to a single family home. This would require a 5 foot west side yard variance from the 10 foot side yard 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, but approve a 3 foot sideyard variance. HARDSHIP FINDINGS: 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 similar setbacks are prevalent on other structures in the neighborhood, and the location of the structure was dek.uu~ned by a former government jurisdiction. The property currently does not have a garage on the site and the applicant may be unable to construct a garage under the current setbacks. 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 nor the City of Prior Lake, but the result of former platting and zoning standards of Eagle Creek Township. 4. The variance obseIVes the spirit and intent of this Ordinance, produces substantial justice, and is not contrary to the public interest. The proposed improvements obseIVe the spirit and intent of the Ordinance by allowing the applicant to improve his property with a garage adjacent to a single family home. Substantial justice would be realized by allowing the owner of a property substandard in width, improve his property with respect to the surrounding neighborhood. The }'_u}'osed addition is not contrary to the public interest due to the precedence of variance requests granted in the area. RECOMMENDATION: Staff recommends Alternative number 3 due to the fact that the subject site does not contain a garage, precedence in the area, and that the proposal will not adversely impact the neighborhood. By 9/ - 5 <} - \ - \'"' ",' ,,' \-., - :-:.)-1- :~ \ ~ \ \,~,., 'h~ _/- \1 ., Lc'r ~ ,~__~ ~ Jh___I,,., _ _-ri,;:-,11,I . ...--. - ---=-- ~,- N. s. 1'1;." ~1,Jly K~ IRA I L. FA/RBA~ _ 0." (q ",,:v ~ "''''001 n,. ... ....4:lP S,s. '0 "'" L- C-' -1- S 30 ~ \I' _.__...~ ',"" , - -T \ ---\ ~~ .:------ ~<;.o - \ \ ~~l-I- ! 4 \ \ Lc', \ , -, . , \ , , I' L C.r,- : ~l L':'l-t '3 I '~~ ~ 1 ______ -...--.___. (1)lr.11) ~ ~N.-,i) ........ - \ ~o~ S~l "~ 5S.", P4r I~~:( 3~o -- -"-8 .! .;,. ,"10".1'0/ / " '0 ~ <.:I_ k " \ ~/.:1,,,~ \C..>~o Z",.P. . ~ \ '--.: \ ~'1 ~; ~___~--l-::,v~~ // ~ -----904----- r..... - <fs-:o - '"\ to -' .. :. ~ ~\ . ~ "'\ LOT \ \ \ ..J. :./,.-j .-"r,; r.~r ~~7:'-~~<:~':! PRIOR LAKE I" ( Sea l~~ = 30 ~. .. HEltEBY CERTiFy THAT THIS PLAN ~c~s. --l--~I-l-~ "" PR~~~A<"E'~"<;'~(lYN M"E.II,ORt,;^NTDE,A A~T A Ol~t'l y i --1 NQ]]r.F: OF HEARING mR 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: SellWmbe,r 2. 1993 at 8:00 P.M. SUBJECT SITE LOCATION: To consider a variance application for John Beaupre of 5504 Candy Cove Trail. 15271 Fairbanks Trail, Lot 12, Maple Park Shore Acres, Scott County, Minnesota. PURPOSE OF HEARING: REQUESTED ACTION: The applicant proposes to construct a 18' by 26' garage on the east side yard adjacent to the existing home. In order to construct the improvement, the following variance is requested: a 5' east side yard setback variance from the 10' side yard setback 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: August 20, 1993 4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLDYER " ....., , ' , " ' .., -. .::.~..: . . \ J r D l'l R\OGE. :.;:;. " .... ~..: .. -.. .. ..' .. ~. ~~ I~ ..., ~ 9 8 - .J 01\ N ,~. 7 ' ..', " . " . ,~.- 196 >" BEAUPRE VARIANCE SUBJECT SITE {\ ( .,. It) Q) J It) tJ :<'l J' '. ..... , . , " ' .-, .. ... : ," " ." o ~'l R\OGE. ~::- J' .... ~.:: e. .,.. ,- - - " iC:, ~~. ..,,~ I~ " ..., ~ 9 8 ..t ~ ~ .' 7 -. .-'. , . '. . 196 rw&: PROPERTIES GRANTED VARIANCES (\ ~ I- .,. It) CXl l It) l 1 STUDY AREA rt \fI .. :f! t~ '" / '. .-- ~ I, $1l --- /l / ~- / 3 ~ -- ~ ~ " :\: ,1 ~ e ~ .1; , I ~ Ji t 1 ' i.~-'--'- ] I I ---f I i 1 j i _J ~-~-:-:;:"':,:-'._-,_.. / ~~i' l' t,. i -11 --+f . ',- , 11'- _! .+=-- , .'l--~ f t- : r 1 I I :, I I ...11 ! ' J ;L.-,,-~_~ '" ~"'~- ::- '" . ..-~ "t~. ~;~'.' if ' . I 1 I I I I, "'! . <----...---...... ~ i """'>t.'''~~''!~~~~ ._'-..-......~1 I I ! _J ,-,",.-r~ .,;;..:-- .....-- t:-~-- .. ,ftJi'" """"---."'--"""r\. \"f";. I ~: 1 ~ ) ,. ';.'., t '3 - ~ i --.. i .~i \ I ~ \.J' ~ C{j ,. . III - C', "'-). (J:) '\ r\ ' l,. ) i , I ..-'-f~--- ~ I 0 -(J ~-,'., U I 'e vJ .__.~-~ ..... ..,..~ j / V \\ \\ I / ~"..-=:-, f- rorC- ~:-~. '.' I 1: d ,~ 'I J ;! ! .L . "'- "-.. . ...~ ...... ... ."'" "~.'ir ,..:i .' .. '~_.__.~.., ; -::r-c 0(' Road ~d~: , I , l' / ~.(~ t r, / d, .YAI8AD' ADDENDUM TO PLANNING REPORT VA 93-18 VARIANCE FILES IN mE AREA NEAR 15271 FAIRBANKS TRAIL Property Adclr~ss 15219 Fairbanks Eik.# VA 90-27 Variance Granted 5' N Side, 5' Front, 25' Lake 15229 Fairbanks VA 92-18 6% Lot COY, 5' N side, 3.5' S side, 12' W side (front) 15249 Fairbanks VA 90-30 22' Lake, 6% Lot COy VA 80-27 5' N side, 4' S side (front) VA 83-17 5' N side, 16' S side (front) VA 89-22 2' E side VA 85-03 3' W side VA 87-12 4.2' side VA 84-04 5.7' W side VA 92-11 3' E side VA 73-04 Garage VA 74-01 10' side, 25' front VA 74-06 4' W side, 4' front VA 75-12 4' W side, 28' Lake VA 81-03 6' side VA 78-06 5' side VA 78-12 5' side (denied) 15259 Fairbanks 15275 Fairbanks 15279 Fairbanks 15283 Fairbanks 4281 Quaker 4261 Quaker 4251 Quaker 4231 Quaker 4221 Quaker ._,;:;;::1f:ISTING DECK IS A LEGAL NON-CONFORMING STRUCTURE, THE PROPOSED / CONSTRUCTION WOULD NOT ENCROACH ANY FURTHER INTO THE CURRENT ~ SETBACK, mE HARDSHIP WAS CAUSED BY A CHANGE IN lHE CODE BY mE CITY OF PRIOR LAKE AND NOT TIlE APPLICANT, AND IT WOULD NOT BE DhTKIMENTAL ~ TO THE HEALTII AND WELFARE OF TIlE COMMUNlTf. ~ Vote taken signified ayes by Loftus, Greenfield, Roseth, and Arnold, MOTION CARRIED. L -c::::1 C A re~ess was called at 7 :50 P.M. as the next scheduled item was for 8:00 P.M., at which time the ---.:::J meetIng was reconvened. f2S ~ ITEM OJ - .TOHN 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 GREENt'lJ::.LD, SECOND BY ROSETII, TO DENY TIIE REQUESTED VARIANCE FOR 15271 FAIRBANKS TRAn., LIIING TIIAT THE APPLICANT HAS NOT PROVEN HARDSHIP FINDINGS 1 TO 4 AS OUTLINED IN TIIE STAFF REPORT AND THE APPLICANT'S PROPOSAL OF AN AESTIIETICALLY 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. ITEM TV -TERRY VOlJ~(;. VARIANCE Jerry Young-5465 Shore Trail, stated he wishes 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 II&?n Bf 91 - 5 Lr- --- \ ~\., ".' " \-"' \ \ \ L(Yi I'::' , ' . - L ::.) -1- 1<-' - \ \ -:,0 f;,uoJO 'I>: I.~, \ \' 30 r.c> L':"-I- I~ L.:..'-,- ""' I" oJ- --- ~ ," , , , , L 0-'- :.:.' \ I A :'-':l-t ,~ L':'l-t '"7 \ ~ /:? -,/, : - -!/::. ~ ~;.:;;:::-5::': . -.~~ PRIOR LAKE ( /"= 30 Scal~~ . Pl" w?l'. .~' -\ I I A.T THIS ;> '" ' ""Uy "',':':, T:, UHO.'.o'. O'~.'.C.~ .. ~"'" P"VA"EO .... ._ ..... lrl~ Prior Lake City Council Minutes September 20, 1993 A MOTION BY FITZGERALD, SECONDED BY KEDROWSKI, TO APPROVE ORDINANCE 93-25 AMENDING PRIOR LAKE CITY CODE, SECTION 5-2-1 AND PRIOR LAKE ZONING ORDINANCE NO" 83-6, SECTION 2,1. Upon a vote taken, ayes by Andren, Kedrowski, Fitzgerald, Scott and White, the motion passed unanimously. A short recess was called. The meeting reconvened at: 9:45 p.m. B. Consider Approval of Variance Appeal by John Beaupre. Planning Director Graser presented details of the request and reviewed the history of the subject property, and discussed the fact that a side yard variance for long narrow lots can be requested on grounds that a narrow lot constitutes a hardship when a dwelling is already in existence on the lot. Staff recommended that an additional 3 foot side yard variance be granted. The applicant, John Beaupre, 5504 Candy Cove Trail, presented a petition signed by the adjoining neighbors who were favor of the garage. Mayor Andren entered the petition into the record. Mr. Beaupre discussed the proposed construction and presented drawings of the site and the garage as it would appear attached to the house. A short discussion occurred regarding the setting of a precedence and drawing distinctions regarding hardship. Council also discussed the criteria for declaring a hardship and stated that the adjacent home to the west should have a setback of at least twenty feet from the common property line. Andrea Wiek, 15267 Fairbanks Trail, had a question as to whether the twenty foot setback would affect their property and whether the construction would affect their large maple tree located near the lot line. Discussion occurred regarding damage to the tree. Mr. Beupre stated he had checked with the Arboretum and the University of Minnesota as well as a couple of his contractors. Mr. Beaupre stated that their general opinion was that there would be no lasting damage to the tree, but they could not guarantee it. Mr. Beaupre stated that he was as interested in preserving the tree as the Weiks were. Discussion occurred on drainage of the lot. MOTION BY FITZGERALD, SECONDED BY WHITE, TO APPROVE A FIVE FOOT SIDE YARD VARIANCE FOR JOHN BEAUPRE, AND ADOPTING THE STAFF RECOMMENDATIONS 1 THROUGH 4 BASED ON THE FOLLOWING FINDINGS OF FACT: * LITERAL ENFORCEMENT OF THE ORDINANCE WOULD CREATE A HARDSHIP. .6. Prior Lake City Council Minutes September 20, 1993 * THE 3 FOOT SIDE YARD VARIANCE TYPICAL TO A DUAL VARIANCE LOT WOULD PRECLUDE A DOUBLE GARAGE THUS CREATING AN UNNECESSARY IMPOSmON TO OWNER DUE TO THE MINNESOTA CLIMATE. * THE HOME IS AN EXISTING STRUCTURE WITH NO GARAGE. * THE ADJACENT HOME IS IN EXCESS OF 20 FEET FROM PROPERTY LINE. * NO NEIGHBORHOOD OPPOSITION HAS BEEN FOUND, Upon a vote taken, ayes by Andren, Kedrowski, Fitzgerald, Scott and White, the motion passed unanimously. 8. OTHER BUSINESS A. Discussion of City Manager's Memo Regarding Re-evaluation of Landscape Ordinance. Councilmember Kedrowski discussed his concern regarding center island and costs associated with the maintenance of the island plant material. Discussion occurred regarding irrigation of center islands. MOTION BY WHITE, SECONDED BY SCOTT THAT COUNCIL NOT RECONSIDER THE LANDSCAPE ORDINANCE. Upon a vote taken, ayes by Andren, Scott and White, nays by Kedrowski and Fitzgerald. The motion carried. B. Consider Method for Conducting City Manager's Performance Evaluation. - Mayor Andren requested that the Council discuss whether the City Manager's performance evaluation should be conducted as in the past using a subcommittee or to use Jim Brimeyer's format. Council concurred that the preformance evaluation should be conducted through Jim Brimeyer's format. A timeline will be distributed to complete the process. 9. ANNOUNCEMENTS/CORRESPONDENCE A. Mayor Andren stated that she had received three letters declining the City's invitation to attend the ground breaking ceremony for Waterfront Passage Business/Office Park. The letters were from the Governor's office, Stephen Erickson of the Minnesota Economic Development Department and Commissioner Dick Underferth. The letters will be placed in the appropriate file. Councilmember Scott requested that staff look into erecting a larger stop sign at the intersection of Main Street and County Road 21. Larry Anderson stated that he would contact Scott County concerning the stop sign. .7. EXISTING DECK IS A LEGAL NON-CONFORMING STRUcruRE, TIm PROPOSED CONSTRUCTION WOULD NOT ENCROACH ANY FURTIIER INTO TIIE 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 Dh 1 KlMENTAL TO THE HEALTIl AND WELFARE OF TIlE 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 fmdings 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 GREENrlhLD, SECOND BY ROSETH, TO DENY THE REQUESTED VARIANCE FOR 15271 FAIRBANKS TRAIL, cUiNG TIlAT 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. ..~ ITEM IV. .TERRY YOn~(;. VARIANCE .... ..... Jerry Young-5465 Shore Trail, stated he wishes to construct a deck over an existing patio and is requesting a rear yard and east side yard variance. PLANNING COMMISSION September 2. 1993 Page 2 'VAISPR' AGENDA ITEM: SUBJECT: APPLICANT: SITE ADDRESS: PRESENTER: PREPARED BY: PUBLIC HEARING: DATE: PLANNING REPORT 3 VARIANCE JOHN BEAUPRE 15271 FAIRBANKS TRAIL HORST GRASER, DIREcrOR OF PLANNING JAMES HAYES, ASSOCIATE PLANNER _YESXNO SEPThMBER 2, 1993 HISTORYIRACKGROUNQ: The Planning Department has received a variance application from John Beaupre of 5504 Candy Cove Trail, for a property located at 15271 Fairbanks Trail. The applicant proposes to construct a 18 foot by 26 foot garage as per attached survey. The Zoning Ordinance requires a 10 foot setback from side yard property lines. The following variance is requested in order to construct the improvements as proposed: 1. 5 foot west side yard setback variance from the 10 foot side yard setback requirement. .PREVIOUS PROPOSA~: In 1984, a 5 foot east sideyard variance was granted for a house addition. In 1991, a 5 foot east sideyard variance was granted for a porch and deck. PHYSIOGRAPHY: The site is relatively flat near the building pad and slopes sharply down at the rear of the site near Prior Lake. The total change in elevation is approximately 20 feet from the road to the shoreline. ADJACENT USES: The adjacent properties are mostly developed with single family homes. This neighborhood was originally developed in the 1920s and 1930s and has seen numerous improvements since that time. Most of the improvements have taken place in the last 20 years and range from removal of cabins, new construction, and additions to existing homes. EXISTING CONl)ITIONS: The survey indicates the locations of the existing house, deck and three season porch and proposed garage. The subject site is 50 feet wide at the street and approximately 56 feet at the 904 contour of Prior Lake. The west side measures 150 feet and the east side measures 175 feet for a total of approximately 8,600 square feet. The existing home and porch is located 28 feet from the front property line, between 85 and 100 feet from the 904 contour, 5 feet from the east 4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNrTY EMPLDYER side property line, and 24 feet from the west property line. PRECEDENCE: Staff researched and found that 17 variance files exist for the 23 lots located near the subject site at 15271 Fairbanks Trail. The attached map and addendum indicates the lots which have received variances. These 17 files were distributed across twelve different lots in the area. For six of these lots, one variance was granted; two lots were granted two variances; one lot was granted three variances; two lots were granted four variances; and one lot was granted six variances in three separate files. Out of these 17 files only one variance was denied, and that property had previously received a variance in a separate file. The variances granted included side yard, front yard, lake shore and lot coverage requirements, The side yard variances ranged from 2 to 10 feet with an average of 4.7 feet. The front yard variances ranged from 5 to 25 feet with an average of 11 feet. The lakeshore variances ranged from 22 to 28 feet with an average of 25 feet. The lot coverage variances were approved with a 6% variance in two separate files. All but six of the variance were granted prior to the adoption of the 1987 Shoreland Ordinance, therefore, lot area and impervious surface were not considered. In addition to the variances granted, a majority of existing homes are located at various setbacks, most of which are not compliant with Prior Lake Zoning Standards. The final area where precedence may apply is in the applicant's request for a garage. Throughout the City, the Planning Commission has granted variances for construction of a garage if the site does not contain an existing garage. In this case, the site does not have an existing garage and the applicant is proposing to construct a one and a half car garage that goes beyond any previously established variances perimeters. The Planning Commission has never issued two 5 foot sideyard variances. The maximum sideyard variances granted have been 5 feet and 3 feet. NEIGHBORHOOD ISSUES/IMPACT/CONCERNS: This is a well established neighborhood with single family homes and cabins situated at various setbacks from all property lines. This neighborhood has been in transition for many years and has a number of structures that have been renovated or removed and rebuilt. Given the number of variances granted in the area, the impact on the surrounding neighborhood will be minimal if there is any impact at all. ALTERNATIVES: 1. Approve the application as submitted. The applicant proposes to construct a 18 foot by 26 foot garage adjacent to a single family home. This would require a 5 foot west side yard variance from the 10 foot side yard 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. but approve a 3 foot sideyard variance. HARDSHIP FINDINGS: 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 similar setbacks are prevalent on other structures in the neighborhood. and the location of the structure was determined by a fonner government jurisdiction. The property currently does not have a garage on the site and the applicant may be unable to construct a garage under the current setbacks. 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 nor the City of Prior Lake. but the result of fonner platting and zoning standards of Eagle Creek Township. 4. The variance observes the spirit and intent of this Ordinance, produces substantial justice, and is not contrary to the public interest The proposed improvements observe the spirit and intent of the Ordinance by allowing the applicant to improve his property with a garage adjacent to a single family home. Substantial justice would be realized by allowing the owner of a property substandard in width. improve his property with respect to the surrounding neighborhood. The proposed addition is not contrary to the public interest due to the precedence of variance requests granted in the area. RECOMMENDATIO~: Staff recommends Alternative number 3 due to the fact that the subject site does not contain a garage, precedence in the area, and that the proposal will not adversely impact the neighborhood. \ _----A'\, \M -- Bf QI-5'l I ,. ~ - ,- L-_' I :J \ ~ \ L..:) -I- I' ,e> 30 (... ----- \ L :.,'1- c..; 1 . ~___ l1J;S.!.1V /J. E,.. , -, . I r' <Jo ---~_. -;:..--- --\ ~"'.o T &;.c D \ \ , , ~ 0-( I' , L.::'Yi ') , I I~ :"-~l~'- !4 L..~lT ;.~ - " ~ ~ ~ .. . 1 ~ Q'. "\ '!'\ \ 1'2. \ 1/.... Lf .---- \ / /. '..I /~/ .~~:/ .-~~. . - ~~?-.,,/ " ~, fRIOR LAKE " ( Scal~~ I = 30 "- t w(RlIY C.(JIIIT." T"A' THIS IOl.... lIWAS """ "'" PIHPAI<EO flY -..( 0'1 U.W(I'I .., ~lfl((;T \ -1--1-1-- 1 \ .. NOTICE OF HEARING mR 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: Semember 2, 1993 at R;.OO P.M. PURPOSE OF HEARING: To consider a variance application for John Beaupre of 5504 Candy Cove Trail. 15271 Fairbanks Trail, Lot 12, Maple Park Shore Acres, Scott County, Minnesota. SUBJECT SITE LOCATION: REQUESTED ACTION: The applicant proposes to construct a 18' by 26' garage on the east side yard adjacent to the existing home. In order to construct the improvement, the following variance is requested: a 5' east side yard setback variance from the 10' side yard setback 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: August 20, 1993 4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLDYER .f -,' , '. ' '. ' .', '. " : ',a. o R\O~E ',,::. " .'. ," . -'. ....: . ,. \I ~. ~ -<:. 1~~ !:' ~ 9 8 .J "" ('( ~. 7 '. .,~, . . 196 )/ BEAUPRE VARIANCE SUBJECT SITE or 10 CID ) 10 o <'l o ( R\O~E , ..... "'. . , , o '0 ",.' , .....,. , '. . .', " o : '.. " , .... ~, ~ 9 .J ~ 8 ~ " .; 7 .... 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Ul\~vJ ..iIiI.a.~," '1~-';'1, 11_111_.~lllilllI,(.WII~It."I.... ,1....,.<11,0 ..~L"J 1 I I L_'~-.-- -'.-----.1 I , i I \ I ,. . , " c--) . - ~_/ Q=) '\ 0\ I L.---l;:2l --- I )' - ........:.=1 I- fO r'\t ~ ~ \. . ~ ~ ., ~ .. \ ! '1 'I OJ .. ,,-1 ". __ tt.. .__ -~4 .' ~ . '".~ fj ~ r.-""J ]1. -r- or \< O(A d I i 5la~ ,,' I ::~ - d, "VAl SAD' ADDENDUM TO PLANNING REPORT VA 93-18 V ARlANCE FILES IN TIlE AREA NEAR 15271 FAIRBANKS TRAIL ~rty Addr~ss 15219 Fairbanks 15229 Fairbanks 15249 Fairbanks 15259 Fairbanks 15275 Fairbanks 15279 Fairbanks 15283 Fairbanks 4281 Quaker 4261 Quaker 4251 Quaker 4231 Quaker 4221 Quaker File # Variance Granted VA 90-27 5' N Side, 5' Front, 25' Lake VA 92-18 6% Lot COY, 5' N side, 3,5' S side, 12' W side (front) VA 90-30 22' Lake, 6% Lot COy VA 80-27 5' N side, 4' S side (front) VA 83-17 5' N side, 16' S side (front) VA 89-22 2' E side VA 85-03 3' W side VA 87-12 4.2' side VA 84-04 5.7' W side VA 92-11 3' E side VA 73-04 Garage VA 74-01 10' side, 25' front VA 74-06 4' W side, 4' front VA 75-12 4' W side, 28' Lake VA 81-03 6' side VA 78-06 5' side VA 78-12 5' side (denied) NOT.IC.E OF HEARING E.QR 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: Seotember 2. 1993 at 8:00 P.M. SUBJECT SITE LOCATION: To consider a variance application for John Beaupre of 5504 Candy Cove Trail. 15271 Fairbanks Trail, Lot 12, Maple Park Shore Acres, Scott County, Minnesota. PURPOSE OF HEARING: REQUESTED ACTION: The applicant proposes to construct a 18' by 26' garage on the east side yard adjacent to the existing home. In order to construct the improvement, the following variance is requested: a 5' east side yard setback variance from the 10' side yard setback 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: August 20, 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 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 \) 1) VA l~ML- August 12, 1993 John Beaupre 5504 Candy Cove Trail SE Prior Lake, MN 55372 To Whom it may concern: According to the 1993 tax records in the Scott County Treasurer's office, the following persons are listed at the owners of the property which lies within 100 feet of the following described property: Lot 12, Maple Park Shore Acres, according to the recorded plat thereof on file and of record in the Office of the County Recorder in and for Scott County, Minnesota, STEVEN J & JULIE A NELSON 15279 FAIRBANKS TRAIL PRIOR LAKE MN 55372 RUSSELL S & DONNELLE SAMPSON 4062 GRAINWOOD TRAIL NE PRIOR LAKE MN 55372 BRUCE A & DEBORAH A PETERSON 15275 FAIRBANKS TRAIL PRIOR LAKE MN 55372 MICHAEL L & LU ANN REICHOW 15249 FAIRBANKS TRAIL PRIOR LAKE MN 55372 SCOTT & WIEK ANDREA CARLSON 15267 FAIRBANKS PRIOR LAKE MN TRAIL 55372 LEROY & ARLENE MUNSINGER 15257 FARIBANKS TRAIL PRIOR LAKE MN 55372 STEPHEN F & ELIZABETH TOWLE 15263 FAIRBANKS TRAIL NE PRIOR LAKE MN 55372 KRISTIN K COX 4311 QUACKER TRAIL NE PRIOR LAKE MN 55372 OCO COOJ.II.Ll ABS~ ~ lj)!!. / ~ avid E. 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