HomeMy WebLinkAboutVA93-22 Mueller Variance
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Property Owner: t; ~
Address: -
Type of Ownership: Fee
Consul tant/Contractor:
VA q3 - 22-
PID# 25 -13i-\ - ()Ol-0
CITY OF PRIOR LAKE
APPLICATION FOR ~
Contract
Home phone:~ "1- ~ b
Work Phone: __
Hane Phone: < .JtJ,Jd.P
Work Phone: - A
Purchase Agreanent-?t1t~ ~
Phone:
Existing Use .-. ./ A... .
of Property: _<;~t! K
Legal Description ,
of Variance Site: 1'5UN i.~-r ~~ J~ ~ ,
Variance Requ~sted:-Ill' ~~P': 0,,0 /1/1<:._ rL;>/'Uup1L ",I- Ln', M
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Has the applicant previously sought to plat, rezone, obtain a variance or conditional
use pemit on the subject site or any pa;t of it? ~es ~~,/}\ lID' _#/~ ~.,IW/eN\.
What w:;,;ir;;ted: f/R-"q~'-" -,:(Lt~ LI;L~. AJ~\ ~~ ~J i# ....>,L49'/W-1e.JA..
When: d ~.?: DJ.sposJ.tJ.on:-Pe.,1..~lj )'. Q~
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OXscribe the type of improvements proposed: /f) 'X J D ~A<..f1~~ 1~ rpui9 i'1L
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Present Zoning:
roBMISSION .t<.WU.lREMENI'S:
(A)Canpleted application fom. (B)Filing fee. (C)Property Survey indicating the
proposed developnent in relation to property lines and/or ordinary-high-water rnark~
proposed building elevations and drainage plan. (D)CertifieO.fr9nl_aQ.f?tract firm,
names and addresses of property owners within 100 feef of' the exterior bOl:ifiaaries 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 COMPLErE APPLICATIONS SHALL BE A\..\..J~iJ:'T.t\LJ AND REVIEWED BY ',1."t1~ PLANNIm CXJ.1MISSION.
To the best of Il"!Y 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 agree to provide infonnation and follow the
procedures as outlined in the Ordinance. ~ t2~~
Applicants Signature~~I' /:1/. ^
&1l:mitted this 2-day of ~r l~ I.UI ~ jl~~
Fee Owners Signature
PIANNIm <DMMISSION
CITY COm:crL APPEAL
THIS SPACE IS '10 BE FILLED OUT BY THE PLANNIm DIRECl'OR
/ DENIED ) 0 / Ie; I CJ3 mTE OF HEARIm
DENIED 'mTE OF HEARHG
APPROVED
APPROVED
CONDITIONS:
~1/7.Y1~(I)LUL-Ji5SD &t~
Signature of the ,Planning Directorp/JL.fL/LU)Date
/O/7/f13
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2'5-13i --uOl..o
VARIANCE CHECK LIST
"VARFM"
SUBJECT SITE:
\72LJ-tt Sunset- Trai I
gj chQrd Muell e-r
APPLICANT:
SCHEDULE HEARING DATE:
DNR NOTICE IF SHORELAND:
PREPARE AREA MAP:
APPLICANT NOTICE:
PROPERTY OWNERS NOTICE:
NOTICE TO DOUG - ENGINEERING
NOTIFY OTHERS;/'
V Scot t County
Watershed District
COMMISSIqry AGENDA PACKETS:
V Staff Memo
\/ Application Form
v Copy of Public Notice
CHECK
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Other
v' Applicable Maps
V/ Copy of Parcel Info.
V Other Applicable Info.
STAFF ACTIVITIES
MAIL COpy OF APPLICATION AND
REQUIRED CONDITIONS TO APPLICANT:
MAIL COPY OF APPLICATION AND
CONDITIONS TO DNR:
GIVE COpy OF APPLICAITON AND
CONDITIONS TO BLD. INSPECTOR
ASSIGN FILE NUMBER:
,
AMEND VARIANCE SUMMARY SHEET:
ADD PERMIT TO PROPERTY MGMT:
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FILE BY: File #: VA q3-22 Applicant:
Legal: L..OT 2 Address:
SUNS6-r 5 Hv~
,FILE SHOULD CONTAIN:
Staff Memo
Original Application
Copy of Notice to OWners
Planning Comm. Minutes
Other Information
I<i clio rd M ue.l (ef"'
1724'+ SunSet rrQtI
Applicable Maps and Documents
Copy of Public Notice
Correspondence
Council Minutes if Applicable
PLANNING COMMISSION
MINUTES
October 7, 1993
The October 7, 1993, Planning Commission Meeting was called to order by Chainnan Arnold at 7:30
P.M. Those present were Commissioners Roseth, Arnold, Greenfield, Loftus, Assistant City Planner Deb
Garross, Associate Planner Gina Mitchell, and Secretary Rita Schewe.
,&1 14.1\(f I . REVIEW MINUTES OF PRF.VTOUS MEETING
MOTION BY ROSETH, SECOND BY LOFTUS, TO Arr....OVE THE MINUTES AS SUB~ll11r.1J.
Vote taken signified ayes by Rosetb, Loftus, Greenfield, and Loftus. 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.
II ~M II. VARIANCE. RICHARD MUELLER
Richard Mueller-I7244 Sunset Trail, stated he wishes to construct a storage shed in order to l;~&.... a
mower, jet ski and other various items and does not have room in his garage. He built his home in 1989
and needed variances for the construction at that time also. Mr. Mueller said he maintains the adjacent
property which is the City's property. Mr. Mueller stated he is handicapped.
Gina Mitchell-Associate Plarmer, presented the infonnation as per the planning report of-October 7, 1993.
The variances requested are a 10 foot north sideyard setback variance f.u... the 10 foot sideyard setback
requirement and a 29.5 foot setback variance :.v... the 85 foot County Road setback requirement. In
March of 1989, the applicant was granted a 4 foot north sideyard, a 6.4 foot south sideyard, and a 26 foot
lakeshore variance in order to construct a deck and an addition to the existing cabin. The lot is
apt'wximately 177 feet long by 50 feet wide. The north t'.u~rty line is adjacent to one of the two narrow
public access points to Spring Lake within the City of Prior Lake city limits which is planned to be part of
the proposed trail system in the Parle Comprehensive Plan. The .ti.ut'{)sed construction would be 100%
encroaclnnent into the 10 foot sideyard setback requirement. The subject site is located within a
subdivision which is experiencing the conversion of cabins to single family dwellings.
Staff's recommendation is to deny the variances requested based upon facts and findings relative to the
hardship criteria of the Zoning Ordinance, inconsistency with the precedent, or other purposes related to
the Zoning Code.
Comments from the Commissioners were on; relocation of shed, precedent set is 50% rule if a hardship is
shown, suggestion on redesigning of shed, future trail system defined, and the property has had three
variances in the past.
Deb Garross pointed out the proposed trail system that is included in the 2010 Comprehensive Plan and
plarmed for the future.
MOTION BY GREEf'-lt'lbLD, SECOND BY ROSETH, TO DENY 11"1b VARIANCES REQUESll~,1J
FOR 17244 SUNSET TRAIL AS THEY DO NOT ~Ir,r.1 THE HARDSHIP CR11 r.KIA.
Vote taken signified ayes by Greenfield, Roseth, and Arnold. Nay by Commissioner Loftus. MOTION
CARRIED.
Mr. Mueller was advised of the appeal procedure to City Council if he so desires.
PLANNING COMMISSION
October 7, 1993
Pagel
RECEIPT
DATE
9'- / 7 - 7 ~
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CITY OF
PRIOR LAKE
4629 DAKOTA STREET S.E., PRIOR LAKE. MN 55372
No21986
Received of ~L/ (/#~~
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whose address and/or legal description is
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the sum Of~~. ~:J1, d~~ """'~Iars
for :he purpose of -JldI;;~,.l ~- I'lL. ~
$
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Reference Invoice No.
Re{/{l~S d;;~pr,or Lake
--~....~--
"VA22PN"
NOTICE OF HEARING
IDR
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:
October 7. 199~ at
7~~
P.M.
PURPOSE OF HEARING:
To consider a variance application for Richard
Mueller of 17244 Sunset Trail.
SUBJECT ~ll ~ LOCATION:
County, Minnesota.
17244 Sunset Trail, Lot 2 Sunset Shore, Scott
REQUESTED Al.-IION:
The applicant proposes to construct a a 10' x 10'
storage shed attached to the north side of a present
garage. In order to construct the imt'~ u lements the
following variances are requested: a 10' north side
yard setback variance from the 10' side yard
setback requirement, and a 29.5' setback variance
from the 85' County Road 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: September 23, 1993
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPI.DYER
AGENDA .lJ.~:
SUBJECT:
APPLICANT:
SITE ADDRESS:
PRE~& 'lI. J,J!.l\::
PUBLIC .t1J!ARJNG:
DATE:
PLANNING REPORT
1
VARIANCE
RICHARD MUELLER
17244 SUNSET TRAIL
GINA MITCHELL
_YES ANO
OCTOBER 7, 1993
HISTORYIBACKGROUND:
The Planning Department has received a variance application from Richard Mueller
of 17244 Sunset Trail. The applicant proposes to construct a 10' x 10' storage shed
which will be attached to the north side of a present garage. The following
variances are requested in order to construct the improvements as proposed:
1. 10' north side yard setback variance from the 10' side yard setback
requirement.
2. 29.5' setback variance from the 85' County Road setback requirement.
PREVIOUS PROPOSALS:
In March of 1989, the applicant was granted a 4' north side yard, a 6.4' 80uth side
yard, and a 26' lakeshore variance. These variances were granted 80 the applicant
could build a deck and an addition to the existing cabin.
.rD iSIOGRAPHY:
The applicant's lot is approximately 177' long and 50' wide from east to west. The
east property line is adjacent to Sunset Trail, while the west property line abuts
Spring Lake. The north property line is adjacent to one of the two narrow public
access points to Spring Lake within the Prior Lake City limits. This is the area that
the applicant proposes 100% encroachment.
ADJACENf USES:
The subject site is located within a subdivision which is experiencing the conversion
of cabins to single family dwellings. Some of the small adjacent lots in this area
consist of cabins and decks, and are without a single car garage.
The entrance to the public access (Lot 3, SWlSet Shores) of Spring Lake, off of
Sunset Trail, has been landscaped with rocks, shrubbery, and has been fenced off.
The remaining portion of this lot has also been landscaped, and there have been
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLDYER
additions such as the National Flag and other lawn ornaments to the lot. While the
City Park's Department appreciates the applicant's maintenance, the area ajo'~ears
to the public as an extension of the applicant's property, and not an area for public
access to Spring Lake.
.I!u\.1S J.ll iG CONDITIONS:
The subject lot has an approximate area of 8,735 square feet. The attached survey
indicates the location of the home, deck, two-car garage, and the proposed shed. The
applicant's home is built parallel to the lakeshore, which has resulted in the
structure sitting skewed on the lot (not parallel to the north/south property lines).
The Planning Report 89-03, stated that the County Assessor Office's records
indicate that the existing cabin was built in 1930. The northwest corner of the
cabin was built .4' from the north property line. The proposed shed would attach to
the garage and encroach the side yard 100%.
The subject property is part of the Sunset Shore Subdivision which was platted in
1926 within Spring Lake 1bwnship. In 1975, the City of Prior Lake annexed this
area.
PRECEDENCE:
Staff researched an area consisting of four lots to the north and four lots to the
south of the applicant's propert~ Two variance files exist for this area. The
variances that were granted are for a 43' front yard, 5' side yard, and a 3' side yard.
The lots to the north of the applicant's have been combined to create approximately
100' wide parcels.
ALTERNA.I..I.~S:
1.
2.
3.
Approve the application as submitted.
Table or continue the variance for specific reasons.
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 CR.l J..r..RIA:
1.
Literal enforcement of the Ordinance would result in undue hardship
with respect to the propert~
The applicant already has a two-car attached garage on the property
and the lack of a shed has not been considered a hardship by the
Planning Commission in similar circumstances.
Such unnecessary hardship results because of circumstances unique to
the property.
The opportunity existed to realign the home parallel to the lot lines
when the applicant upgraded the summer cabin to a home. This would
have created a lot that had side yards which may have provided an
2.
adequate location for a storage shed.
4.
The hardship is caused by provisions of the Ordinance, and is not the
result of persons presently having an interest in the property.
The applicant is proposing a structure on a lot that is already
overdeveloped for a lot of its size. Staff feels that the public access to
the north already appears to be owned by the applicant, and that
further encroachment would only enforce that appearance. This is
contrary to the intent of the proposed 2010 Comprehensive Plan,
relative to public access to natural features.
The variance observes the spirit and intent of this Ordinance, produces
substantial justice, and is not contrary to the public interest.
The former platting and zoning standards of Spring Lake 1bwnship
has created a subdivision that has lot lines that do not run parallel to
Spring Lake, and thus the home is sitting skewed on the property, with
no north side yard. This encroachment does not warrant 100%
encroachment for the construction of a shed. The purpose of side and
front yard setbacks are to provide for aesthetic and functional purposes
relating to the sense of space, appropriate area for utilities, and
erosion control.
3.
The Planning Commission has granted variances to this site in the
recent past to allow for development of the lot, similar to other
properties of the same size and configuration.
In 1988, the City won a lawsuit with Don Johnson, of 14966 Pixie
Point Circle. The court upheld the City's contention that the shed be
located to meet all setback requirements. A storage shed has not been
considered a hardship for purposes of granting variances from setback
requirements. As such, the application is contrary to the purpose of the
Zoning Ordinance, and would create a negative precedent within the
community, especially considering the "Johnson" Court decision of
1988.
RECOl\mmlIDATION:
Staff recommends Alternative number 3 due to the fact that the applicant's request
for a 10' north side yard and 29.5' County Road setback variance has not met the
four hardship standards of the Zoning Ordinance.
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MUELLER SITE MAP
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FRANCJS WOR,RELL
136373
SCOTT COUNTY
HIGHWAY DEPARTMENT
600 COUNTRY TRAIL EAST
JORDAN, MN 55352-9339 (612) 496-8346
FAX (612) 496-8365
BRADLEY J, LARSON
Highway Engineer
DANIEL M, JOSE
Asst. Highway Engineer - Design
DON D. PAULSON
Asst. Highway Engineer - Construction
MEMORANDUM
DATE:
October 7, 1993
TO:
Horst Graser, Prior Lake City Planner
Brad Larson, Highway Engineer 4. ~ l'-
SUBJECT: Variance Request
Richard Mueller
CR 81
FROM:
We have reviewed the above referenced Variance Request for a County Road
setback for the required 85 feet to 29.5 feet and we do not object to this setback
since the existing double garage has a lesser setback.
If you have any questions or would like additional information, please contact this
office.
BJLlkmg
An Equal Opportunity I Affirmative Action Employer
October 5, 1993
Sunset Trail Residents
Prior Lake, MN 55372
Dear Homeowners:
In the past, there have been several residents of Sunset
Trail who have pulled their docks out of Spring Lake and stored
them during the winter on the 50 foot City owned lot.
This letter is to inform you and your adjacent neighbors
.that there can be no storage of anykind on that lot. This lot is
park land and with foreign material on this out lot, there is a
liability issue involving the City of Prior Lake. If someone
would go on that park property and be injured, the liability
potential is severe.
My staff will be checking the parkland periodically and if
there are items stored on this lot, they will be confiscated.
Thank you for your assistance on this matter.
questions, please call me at 447-4230.
If you have
Sincerely,
Bill Mangan
Director of Parks and Recreation
City of Prior Lake
cc: Frank Boyles, City Manager
Mr. & Mrs. Brian Bright
Mr. & Mrs. Richard Mueller
Ms. Lynette Rohe
Mr. & Mrs. Steve Doheny
suntrl
89-03
CITY OF PRIOR LAKE
~
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"VA03PC"
PLANNING REPORT
MARCH 16, 1989
SUBJECT:
At"t"1.IiCANT:
SUBJEC1' SITE:
REuu~:)T:
VARIANCE APPLICATION
RICHARD MUELLER
LOT 2, SUNSET SHORE
4' NORTH SIDE~ 6.4' SOUTH SIDE AND 26' REAR
YARD SETBACK VARIANCES
BACKGROUND:
The applicant has submitted an application to the Planning
Commission to consider several variances in order to build a deck
and addition to an existing cabin. The legal description of the
site is Lot 2, Sunset Shore. Sunset Shore subdivision was
platted in 1931. Records trom the County Assessor's Office
indicate that the cabin existing on the site was built in 1930.
(See attached maps and materials for reference to this item).
,
SITE ANAI,YSIS:
The sUbject site consists of approximat'!ly 9,800 square feet and
is zoned R-l Urban Residential and S-D Shoreland District. The
existing cabin is at variance with side and rear yard setback
requirements. An existinq deck and shed encroach over the north
property line of Lot 2. The lot is located in a low lying area
and is divided by an existing sever easement.
STAFF EVALUATION:
The appl icant has proposed to rel110Ve the deck and shed which
encroach over the north property line of the subject site. It is
the intent of the applicant to btlikd an addition to the easterly
side of the cabin and a deck on the westerly side. The required
setbacks in this district ara ten foot side yard and an
eighty three foot setback measured from the centerline of County
Road 81. The applicant has att6mpted to diminish the amount of
variance n~eded and has designed the additions so that no
variance is needed from the 911 contour at spring Lake.
J
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(812) 447.4230
4829 DAKOTA STREET S.E.
PRIOR LAKE, MINNESOTA 55372
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89-03
It is unfortunate that the existing cabin was not built parallel
to the east/west property lines, which would have diminished the
amount ot variance needed. The proposal is to keep the addition
in alignment with the exiating walls ot the cabin. The applicant
has attempted to minimize variances needed and will remove two
structu:""es which currently cross over the north property line.
The coverage ratio of the proposed additions will be
approximately 16 percent and will not require variance. staff is
concerned with the ability of the applicant to meet flood plain
management requirements under the existing proposal. All new
additions must have a floor elevation of at least 914. There
were no elevation markings presented with the survey however, any
building permit issued for this site will have to comply with
flood plain management requirements.
RECOMMENDATION:
The recommendation from staff is to approve the
requested. The applicant has attempted to minimize
variance needed to improve his lot. The hardship
by the applicant and in staff's opinion, variances
detrimental to the general health and welfare
variances as
the amount of
was not caused
would not be
of the public.
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R9-03
%'1'1M UI - R.tc;HARD IlUl:WtD - LUBSHORB VaRIANCE
Richard Mueller, 4508 Vandervore, Edina, MN, stated that he
bought the house as a retirement home and would like to remodel
and bring it up to code standards.
Horst Graser stated that the area where this home is built,
house. were built at an angle to tace the lake rather than in
line with lot lines, therebr causing the variance application.
The deck requires a 4' s deyard south, 6.4' sideyard north and
26' rear variance. The improvements would increase the property
value.
Question from Paul & Jan Geis, 17226 Sunset Trail, was on space
for parking. Mr. Mueller assured them that there would be space
for'parking cars on his property.
Commissioners were concerned on the variances but due to the
construction pattern of the houses in the area felt it was not
the fault of the appltcant. Also questions were raised
concerning possibility of construction of a future private road
to serve the subject site and and adjacent lots for parking and
access purposes.
Mr. Graser pointed out that Lot 3 is o~~ed by the City and is
proposed to be kept as open space so construction on the lot is
unlikely at this time.
l
1. JUSTIFICATION BEING THAT THE EXISTING STRUCTtiRE WAS BUILT
PRIOR TO ANY FORMAL ZONING CODE OR ORDINANCES AND THAT NEW
CONSTRUCTION IS CONSISTENT AND IN LINE WITH THE EXISTING
STRUCTURE.
2 · VARIANCE IS NOT D6.LAIMENTAL TO THE GENERAL WELFARE OR HEALTH
OF THE COMMUNITY AND DUE TO.uu, ALIGNMENT OF THE EXISTING
PROPERTIES IN THE NEIGHBORHOOD, IT SEEMS TO BE IN CHARA~.L6A
WITH THEM. THE HARDSHIP IS NOT THE FAULT OF THE APPLICANT.
Vote taken signified ayes. MOTION CARRIED.
MOTION BY ARNOLD, SECOND BY ROSETH, TO ADJOURN.
Vote taken signified ayes. Motion carried.
Meeting to adjourned at 8:30 P.M.
*Tape of meeting available at City Hall.
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Horst Graser
Director of Planning
Rita M. Schewe
Recording Secretary
Minute. of the Prior Lake City Council
May 1, 1989
MOTION MADE BY LARsON, SECONDED BY FITZGERALD, TO APPROVE THE Ron Clark
ADMINISTRATIVE PLAT AND VARIANCES SUBJECT TO THE FOLLOWING Variance
CONDITIONS:
1. THE GARAGE ON LOT 10 BE REMOVED.
2. THE PROPOSED BASEMENT ELEVATION OF THE STRUCTURE PLANNED
FOR LOT 10 BE CHANGED FROM 906.4 to 909.
Upon a vote taken, aye. by Andren, Fitzqerald, Larson, Scott
White, the motion pa.sed unanimou.ly.
and
MOTION MADE BY LARSON,
PUBLIC HEARING.
PH
SECONDED BY FITZGERALD, TO ADJOURN THE Adjourned
Upon a vote taken, aye. by Andren, Fitzqerald, Larson, Scott and
White, the motion pas.ed unanimously.
The next order of business was Consider Appeal of Staff Don JOhnSll
Decision on Don Johnson BUildinq Permit Request. Councilmember Appeal
Larson excused himself from the discussion and left the Council
Chambers because Johnson is his neiqhbor.
City Manaqer Unmacht presented a brief backqround on the issue
and Assistant City Planner Garross presented an overhead of the
lot plan and qave a summa~ of previous decisions of the Planninq
Commission and City Council. Staff had reque.ted a survey be ,.,
done to as.ure the structure would be in conformance with the 904 ."~I) 1 "
setback requirement. Attorney Norb TraXler, representinq owner, ,. ;,,;P'
Don JOhnson, addressed the Council and discussed the surveys and ,\.1.,') J)
stated reasons why Mr. Johnson should be allowed to retain the ~ ':l~DY
shed structure. Discussion followed reqardinq the eXistinq ~(:'
structure and setback requirements. Councilmember White state~11
it should show for the record that Dr. Coe ha~'wltfiarawnn1B'
objection to the structure.
MOTION MADE BY WHITE, SECONDED BY , TO TABLE THE ISSUE
AND HAVE STAFF TO LOOK INTO THE CITY'S INTERPRETATION OF RULES ON
AVERAGING AND GIVE THE APPLICANT AN OPPORTUNITY TO PRODUCE THE
SURVEY WHICH HAD BEEN REQUESTED.
Motion failed for lack of a second.
MOTION MADE BY FITZGERALD, SECONDED BY SCOTT, TO DENY THE Don Johnso
BUILDING PERMIT FOR THE REC-STORAGE STRUCTURE ON THE GROUNDS THAT Bldg. Perm
HE DOES NOT MEET THE 75 FOOT LAXESHORE SETBACK OR HAS FURNISHED Variance .
STAFF WITH THE NECESSARY INFORMATION TO UTILIZE SETBACK AVERAGING
TO REDUCE THE SETBACK AS SPECIFIED IN THE ZONING CODE.
Upon a vote taken, ayes by Andren, Fitzqerald, Scott; nay by
White, the motion carried.
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CITY OF PRIOR LAKE
VARIANCE - OONALD JaINSCN
JULY 7, 1988
SUPJEcl':
To consider a 15 foot lakeshore and 2.9' north side yard variance for 14966
Pixie Point Circle. The suLject site is legally described as Lot 14, First
Addition to Eastwood.
~
srAFF ANALYSIS:
'1bis variance application is the result of a bUilding permit application process
which revealed that incorrect information had been sutmitted regarding the
subject "storage shed." Attached find correst'....unce letters fran the City of
Prior Lake and Donald JOhnson, building permit 88-019 and survey. The subject
site is zoned R-l/S-O which requires 75' 1akeshore and 10' slde yard setbacks.
The applicant received an approved building permit for a storage shed on March
1, 1988. The storage shed was to be located 100 feet fran the lake and 20 feet
fran the side property line. Upon inspection, the City Building Official noted
that the structure was in violation of setback requirements. In addition, the
permit request was for a storage shed however, the inot',..Uon revealed that a
hot tub, several windows and sliding glass door were planned for the structure,
which would classify it as more of a recreational use than storage shed. The
building permit was subsequently revoked due to the sutmission of inaccurate
information. The applicant wus info~ that he had two options, remove the
structure or apply for a variance.
The subject site is developed with a single family hone, large deck, two sheds
and a double garage. The "subject shed" is 12 x 17' according to the survey
sutmitted. It is staff's opinion that this structure could be located in
another area of the yard or incorporated into the house design to fully meet
setback requirements. An inspection of the site clearly reveals that the "shed"
is extended closer to the lake than other structures in the i" ", :.Jiate area. Q,e
additional note is that staff did receive a Ptone call fran Russ Schmidt,
adjacent property owner (14968 Pixie Point Cir), who is "'t'I:'...sed to the variance
request. Hr. Schmidt explained that he has had several noise problems in the
past with the Johnson's and he felt that the "shed" would only exasperate the
situation.
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N:A..u~TION:
The recamnendation fran staff is to deny the variance request. There are
alternative locations for the structure which would meet setback requirements
and no hardship has been demonstrated which would warrant the granting of a
variance. The status of the building permit is that it has been revoked. The
structure should be removed within 30 days if this application is denied.
...)
(812) 447.4230 4829 DAKOTA STREET S.E.
PRIOR LAKE, MINNESOTA 55372
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CITY OF PRIOR LAKE
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Hv~... GRASER, DIR.t.......~ <P PI..ANNIR; " Z"'.U!~
.....1...O.wr.it APPEAL Cf' PLANNIR:; CDMMISSIOO IECISlOO _
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~.1. 1, 1988
On July 7, 1988, the Planning Callmission considered and
subsequently denied variances requested by Mr. Donald
Johnson. He is J;~t' :.a1ing the denial to the Council.
The request is for a 15 foot 1akeshore and a 2.9 foot
north side yard variance for 14966 Pixie Point Circle.
'!be principal issue, in this situation, is the 1akeshore
and side yard variance for the exiRti~ 12' x 17'
structure. Mr. Johnson, on the other hand, feels that
an additional issue is staff's handling of the
inspection and notification process for the building.
In Mr. Johnson's opinion this cauPed considerable
confusion resulting in his current predicament.
Mr. Johnson was issued a building pem1 t on March 1,
1988 for a 12' x 15' storage shed. In late April, a
w-.'t:'laint was filed with the Building Department
concerning Mr. Jomson's construction activity. '!he
,--ut'laint was initially investigated by Building
Official, Gary Staber. Arriving on the Site, Statler was
greeted by Johnson who informed him he had a permit for
the structure. Back in the office, Staber reviewed the
permit and quickly realized the the construction was
inconsistent with the permit.
Gary staber and I made a follow up, on site, inot"..!..lon
and determined that the construction was, in fact,
inconsistent with the building permit. We found that
the structure was neither a shed nor had the proported
setbacks. In addition, I fourd the structure to contain
a hot tub, standard size windows, and other indications
of a recreational structure. Cor":"~'I:'.,l:."..:. between my
staff and Mr. Johnson foIl. 1:.3 which eventually led to
this variance application. (See atta,!"., ....1:s)
(812) 447-4230 4821 DAKOTA STRIIT S.E. PRIOR LAKE, MINNESOTA 5S372
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DISCUSSlOO,
en July 7, 1988, the Planning Caamission considered Kr.
John8a'1' s variances, which according to the Cam'Ilission,
did not a .,..".strate a hardship and therefore denied the
variances. (See attached Planning Canmission Minutes of
July 7, 1988.) Mr. John Coe, the affected adjacent lot
owner stated at the hearing that a side yard variance
WOUld encroach on his property too drastically. He
suggested no deviation fran the side yard setback be
~ ..rmitted in this case. The focus of the Planning
Canmission was on alternative locations. They felt
anple BpIlce existed for.....'I:"liance to setback
requirements. In light of this finding, together with
the testimony of the neighbor, the application was
denied by a vote of 3 to 1.
AL...A&\j,tATIVESa
The alternatives are as follows:
1. Determine if the findings of the Planning
Qmnission L..~e accurate and reconfirm their
decision. A Jlk)tion may or may not be required in
this alternative.
2. Determine that additional. anrVor new facts would
reverse the findings of the Planning Cam'Ilission and
approve the request.
3. Continue the hearing for more ancVor additional.
information.
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~TICH;a
The Planning Ccmnission decision was to deny the
variance application. staff does not believe that any
facts have cha.':f':.t'J relative to this application that
WOUld warrant a change in the Planning Cam'Ilission's
decision.
~
ACTION REQUIRED:
The action of the Council will -::'j." :.. J upon the
discussion.
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The atta~..., :....1:s included are as follows:
J
1. Variance Application
2. Staff Analysis
3. Planning Callnission Minutes of July 7, 1988
4. all1ding Permit Application and Site Plan
5. Gall' statler's letter to Don Johnson dated May 4,
1988
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REQUEST:
(
15' LAKESHORE & 2.9' NOR'ftI SIDE YARn 'ARIAMCE
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APPLICANT: DONALD JOHNSON
SUBJECT SID: 14966 PDII POINT CIRCLI
L14, FIRST ADDN. TO IAS'nt'OOD
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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
September 14, 1993
Richard A. Mueller
17244 Sunset Trail SW
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 as the owners of the property which lies within
100 feet of the following described property:
Lot 2, Sunset Shore, according to the recorded plat thereof on file
and of record in the Office of the County Recorder in and for Scott
County, Minnesota.
DEBRA LEE NORRGAARD
17264 SUNSET TRAIL SW
PRIOR LAKE MN 55372
STEVEN P & MAUREEN DOHENY
18 PARADISE POINT RD
SHALIMAR FL 32579
LYNETTE M ROHE
17254 SUNSET TRL SW
PRIOR LAKE MN 55372
BRIAN EBRIGHT
17226 SUNSET TRAIL SW
PRIOR LAKE MN 55372
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CITY OF PRIOR LAKE
CITY ADMINISTRATOR
4629 DAKOTA ST SE
PRIOR LAKE MN 55372
David E. Koonen
President
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MEMBER MINNESOTA LAND TITLE ASSOCIATION
AGENT FOR CHICAGO TITLE INSURANCE COMPANY
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DOC U.I!IENT N'U'I!'Il'ER: 223839
QUIT CLArI! D'EED: September 16. 1986
Ili~~~el J, and Deborah K. Flanagan
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DOCUMENT NUMBER: 223839
QUIT CLAIM DEED: September 16. 1986
Michael J, and Deborah K. Flanagan