HomeMy WebLinkAboutVA93-25 Dehmlow Variance
CITY OF BlUOR LAKE
Awlicantl/0 PLIC2\T N R VARIl\OCE .IIane Phone: If-f-/--.;;1 ~
Address: "7 ~"77 ~ Work Phone:
Property ~er: /rr~O: ~. . ~ ~ ._Home Phone: ~ '-~-2;,',-
Address: ~~ '/ p 1/ . . /Y.. ,'+. 0'...e!2'. ~rk Prone:
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Type of Ownership: Fee ~::A-:~' A2>ntra~~ .- <C) Purchase Agreanent
Consultant/Contractor: . ~~~~~--_Phone:~./ ~-;;;;?~~
Existing Use A ~ C) fJ
of Property: /~ c........:J ~ Present Zoning:
Legal Description . ~ ~~./ # .r~
of Variance Site: J.. t'l Ys 514~ ~ qJ' A . q ~ .7<...1... . ~ /! i..::;i~
Variapce Reque~t~:.... ~ ,~- A./: ',?' ......,
..4~ ~ --:. h'-/p ~ ./7" ~.;~ An'"":,
H~:e applicant previo~lY SOUg~t "t:;'at, L, ~tain a~ variance or conditional
use permit on the subject site or any part of it? Ye0 l\b
What was requested:
When: Disposition:
~~r' the type of improvem~.PJ:~lX>S .: ~. - LJ /? Jt.- ~~.'
(-:J.._ ~ ~/'" /~.. _~~.~c::;.t:e~ ~ .
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roBMISSION ~U..LREMENrS:
(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)Canplete legal description & Property Identification Number
(PID). (F)Deed restrictions or private covenants, if applicable. (G)A parcel nap
at 1"-20 '-50' showing: The site developnent plan, buildings: parking, loading,
access, surface drainage, landscaping and utility service.
VA 'f3 -2'5
PInt 2.51)01- 072.::.0
2';-001- 07l-0
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ONLY COMPLETE APPLICATIONS SHALL BE A\..\.,U'..L'w AND REVIEWED BY '.n:1~ PLANNUG m1MISSION.
To the best of IT!Y knowledge the information presented on this form is correct. In
addition, I have read Section 7.6 of the Prior Lakezo, nYf' 0 inan ..'j hich s ci ies
requirements for v~rian~ proc. edu:es. I agr~~ '. rmatiand f ow the
procedures as outlmed 1n the Orchnance. ~ /
-
//. Appf~~1ti~re /
SUbnitted this/hdaY of/ft~/l~ /VhfI l.vP.-iA-V1i-,~
Fee~ers Signature~. ..
THIS SPACE /S 'ID BE FTf.T.RI') OUT BY '..L"l1~ PIANNIR; DIREx:TOR
PLANNING <D1M.ISSION V APPROVED DENIED I~ mTE OF HEARING
w....L.f COmcIL APPEAL APPROVED DENIED mTE OF HEARING
<DNDITIONS:
J1inDJm. '11~
Signature of-the Planning Director
I 2../3 Iq:;
Date '
PIDs 25~OOI-07/,O
25"-001-072-0
II VARFM "
VARIANCE CHECK LIST
SUBJECT SITE: tt g \ 0 OCltO t 0.. ,S tr €- tt 5f
APPLICANT: ~ -~'f}tottlLL (.(or).. UeMrrU~1
P~P~Ty OIA.I\It~; ~od-/ f)ehty1I~~CK
SCHEDULE HEARING DATE: /~; 30 J Dec. 2,"1911,3
,
DNR NOTICE IF SHORELAND:
PREPARE AREA MAP: v/
APPLICANT NOTICE: V
PROPERTY OWNERS NOTICE: v'
NOTICE TO DOUG - ENGINEERING ~
LJl1-2.~ <f.~
( ~'/et~
/I 'Iq~
, r .
1
/'
V MNDOT
Other
NOTIFY OTHER~
~. Scot t County
Watershed District
COMMISSION AGENDA PACKETS:
V Staff Memo
V Application Form
v/ Copy of Public Notice
v' , Applicable Maps
v/ Copy of Parcel Info.
./ Other Applicable Info.
STAFF ACTIVITIES
MAIL COPY OF APPLICATION AND
REQUIRED CONDITIONS TO APPLICANT:
~
N/A
V
v'
12-!3/q3
MAIL COpy OF APPLICATION AND
CONDITIONS TO DNR:
~MNDOT
GIVE COPY OF APPLICAITON AND
CONDITIONS TO BLD. INSPECTOR
lltr~'1q3
ASSIGN FILE NUMBER:
l//
/
AMEND VARIANCE SUMMARY SHEET:
:tm~~
I I
VA q3- 25 Applicant: (3~rVU& M~wa.uf..;
Address: ..:t.g\ 0 DaKn1:Q f1r,C:;~
Lots 'tli (p of 6 loCK lO Exce0t 'v./eC;7t- 55'
FILE SHOULD CONTAIN: Lo~ 1-3 f3LOCK..-lo. O(\uHr\Ol1)W(l
~ Staff Memo y/ Appli~able Maps and Documents
\/ Original Application v/ Copy of Public Notice
~ Copy of Notice to OWners Correspondence
Planning Corom. Minutes Council Minutes if Applicable
Other Information
FILE BY:
File #:
Legal:
ADD PERMIT TO PROPERTY MGMT:
ponds in developments in Prior Lake and depicting the lot sizes and the cUu\:.ut policy,
As the next Public Hearing was scheduled for 8:00 P,M" this Public Hearing was continued to
the end of the evening's agenda,
1 TEM IT - PUBLIC ilEA RING - TO ffiNSIQER REz;ONlNG FOR l.tiE LEO
VIERLING PROPF,R1Y FROM 1-1 TO A::l
The Public Hearing was called to order at 8:00 P,M. by Chairman Arnold. The public was in
attendance and a sign-up sheet was circulated.
Horst Graser, Director of Planning, presented the information as per memo of December 2, 1993,
The purpose of the hearing is to rezone approximately 80 acres of property owned by Leo
Vierling from Industrial to Agricultural.. This property was removed from the Urban Service
Area approximately four months ago as an exchange parcel for The Wilds in the Comprehensive
Plan Amendment. It is necessary to rezone the 80 acres of the Vierling property from 1-1 to A-I,
a land use consistent with the Rural Service Area policies, Urban Service Area and Land Use
Plan of the Comprehensive Plan, In the interim of approving the Comprehensive Plan, it is
prudent to rezone this property from 1-1 to A-I as the City of Prior Lake does not allow industrial
construction without sewer and water, Staff has prepared Ordinance No, 93-30 for the Planning
Commission to recommend approval to the City Council.
Leo Vierling, 14091 Eagle Creek Avenue, asked for clarification on the proposed ordinance. Mr,
Graser explained the process,
Comments from the Commissioners were on; issue is a matter of formality, designation of
industrial zone, and all were in consensus with approval.
MOTION BY GREENFIELD, SECOND BY ROSETH, TO RECOMMEND TO THE LIl i
COUNCIL TO APPROVE AN ORDINANCE AMENDING PRIOR LAKE Lll i CODE
SECTION 5-2-1 AND PRIOR LAKE ZONING CODE ORDINANCE NO, 83-6 SECTION 2.1.
RATIONAL BEING THIS WOULD BRING THAT PART OF THE ZONING MAP INTO
COMPLIANCE WITH THE CURRENT COMPREHENSIVE PLAN,
Vote taken signified ayes by Greenfield, Roseth, Loftus, Vonhof, and Arnold, MOTION
CARRIED,
MOTION BY ROSETH, SECOND BY VONHOF, TO CLOSE THE PUBLIC HEARING.
Vote taken signified ayes by Roseth, Vonhof, Arnold, Loftus, and Greenfield. The Public
Hearing was closed at 8:20 P,M.
A recess was called at 8:20 P,M. and the meeting was reconvened at 8:30 P,M,
,,,,',,-
, llJ4..MIll-VARIANCE - ROO DEHMLOW AUTO SALES
Commissioner Roseth stated as he has an on-going business arrangement with the applicant and
therefore withdrew from the proceedings.
Bernie Mahowald, of Mahowald Builders, represented the applicant Rod Dehmlow, owner of
Rod Dehmlow Auto Sales. Mr. Mahowald stated the applicant is in the business of reselling and
refurbishing cars and wishes to enlarge his establishment to accommodate a show room and is
requesting the variance for this purpose, Mr, Mahowald then asked what procedure would be
PLANNING COMMISSION
December 2, 1993
Page 2
needed to have a sign on the roof and was informed that the applicant would have to apply under
the Sign Ordinance. He was also advised that the City of Prior Lake Sign Ordinance prohibits
roof signs,
Gina Mitchell, Associate Planner, presented the information as per memo of December 2, 1993,
The existing building was constructed in June of 1983 and was in compliance with the codes at
that time, On June 29, 1993, the City Council adopted a new Zoning Ordinance requiring a 50
foot setback from State Trunk Highway 13 right-of-way. The applicant's request is for a 9 foot
variance from the 50 foot setback in order to extend the wall of an existing building to the north,
Staff's recommendation is to approve the application as requested as the hardship is a result of
adoption of different Zoning Ordinance setbacks and is not due to the actions of the applicant,
Comments from the Commissioners were on; the application does meet criteria, future Highway
13 expansion, glad to see a Prior Lake business growing, and discussed other issues such as
landscaping, lighting, and exterior finishes,
MOTION BY LOFTUS, SECOND BY VONHOF, TO APPROVE THE NINE (9) FOOT
FRONT YARD VARIANCE FROM STATE TRUNK HIGHWAY 13 RIGHT-OF-WAY.
RATIONALE BEING THE BUIT-DING WAS CONS1RULlI:~..D WITH FORMER ZONING
ORDINANCE 75-12 AND MADE NON-CONFORMING BY THE ADOPTION OF
ORDINANCE 83-6, HARDSHIP CRITERIA HAS BEEN MET. THE HARDSHIP IS A
RESULT OF ADOPTION OF DIFFERENT ZONING ORDINANCE SETBACKS AND IS
NOT DUE TO ACfION OF THE APPLICANT,
Vote taken signified ayes by Loftus, Vonhof, Greenfield, and Arnold, MOTION CARRIED,
The Public Hearing 0';1 Stonnwater Management Program was recalled to order at 8:48 P,M,
.........'"~,.,..:"~
Comments from the Commissioners were on; structure of detention pond, maintenance of
ponds, affect on park dedication fees, piping and reconstruction costs, size of ponds, safety
measures in place, determination of 100 year flood plain and elimination of park credit to
developers,
Commissioner Greenfield felt this proposal just had a postage stamp effect and should be looked
at further in regards to what affect the ponds would have on the overall scheme of the open
space,
MOTION BY LOFTUS, SECOND BY ARNOLD, TO RECOMMEND mE ADOPTION OF
ORDINANCE 94-01 AMENDING PRIOR LAKE CODE SECTION 6-2-1 AND 6-6-4 AND
PRIOR LAKE SUBDIVISION ORDINANCE 87-10, SECfION 6-2-1 AND 6-6-4(F).
Commissioner Greenfield raised a question on the definition of detention ponds, land valuation,
and the implementation to the ordinance.
Vote taken signified ayes by Loftus, Arnold, Greenfield, Roseth, and Vonhof, MOTION
CARRIED.
A directive was given to Staff to investigate amending City Code Section 6-6-8E related to
credits for park land dedication and be brought back to the Planning Commission,
MOTION BY LOFTUS, SECOND BY VONHOF, TO CLOSE mE PUBLIC HEARING.
Vote taken signified ayes by Loftus, Vonhof, Roseth, Arnold, and Greenfield, MOTION
CARRIED,
PLANNING COMMISSION
December 2, 1993
Page 3
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:
December 2. 1993 at
R:30
P.M.
PURPOSE OF HEARING:
To consider a variance application for Rod
Dehmlow of 7810 Dakota Street.
SUBJECT SITE LOCATION:
4810 Dakota Street SE, Lots 1 - 3, Block 10, and
Lots 4, 5, 6 of Block 10, except West 55' Original
Town, Prior Lake, Scott County, Minnesota,
REQUESTED ACTION:
The applicant proposes to convert a shop to an auto
showroom, and construct a a 44' x 28' addition to
the rear of the building for a shop, In order to
construct the imt'J.vvement, the following variance
is requested: a 9' setback variance from the 50'
front yard setback from the planned right-of-way
line of 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: November 22, 1993
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPWYER
VA25PC
fi.4.NNING REPORT
AGENDA .l.l.tl.l'd:
SUBJECT:
3
CONSIDER VARIANCE REQUEST FOR ROD
DEHMLO AUTO SALES PRESE~ l.1!.R:
GINA MITCHELL, ASSOCIATE PLANNER
_YES -X-NO
DECEMBER 2, 1993
PRESENTER:
PUBLIC HEARING
DATE:
INTRODUCTION:
The Planning Department received an application flvHJ. Rod Dehmlow to consider a 9' variance
from the 50' front yard setback requirement from the right-of-way line for S.T.H, 13, The
subject site is located at 4810 Dakota Street S,E. and fronts on both S,T.H. 13 and Dakota Street
(see attached maps for reference),
DISCUSSION:
The existing building was constructed in 1983 and granted a building permit (BP83-183) on June
28, 1983, The building permit was issued for a structure complying to the requirements of the
Zoning Ordinance then in effect (Ordinance 75-12), There was no standard for setback from
S,T.H, 13 in effect that the original building permit was issued,
On June 29, 1993 the City Council adopted a new Zoning Ordinance, (Ordinance 83-6) which
was later published and codified on March 3, 1984. Zoning Ordinance 83-6 established a
minimum setback of 50' for all structures located adjacent to S.T.H. 13 right-of-way. Zoning
Ordinance 83-6 is en effect today, therefore, the applicant requests a 9' variance from the S,T,H,
13 setback in order to extend the wall of the existing building to the north as proposed (see
attached survey for details),
AI~TERNATIVF:S:
1. Approve the 9' variance request from S.T.H. 13 right-of-way as requested.
2, Continue or table the item for specific reasons.
3, Deny the application for specific findings of fact that the application does not
meet the hardship standards outlined in the Zoning Ordinance,
RECOMMENDATION:
Alternative #1. AppLvv'e the 9' front yard variance from S.T.H. 13 right-of-way, The rational
being that the building was constructed consistent with fonner Zoning Ordinance 75-12 and
made non-confonning by the adoption of Ordinance 83-6. The hardship is a result of adoption of
different Zoning Ordinance setbacks and is not due to actions of the applicant.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447.4230 / Fax (612) 447.4245
AN EQUAL OPPORTUNITY EMPLDYER
Variance Hardship Standards:
1. Literal enforcement of the Ordinance would result in undue hardship with respect
tothe property.
The building currently has a legal non-confonning setback of 41' fJ.VUl the S.T.H. 13
right-of-way, The structure setback was made non-confonning by City adoption of new
setback requirements for S.T.H. 13, after the building pennit was issued.
2. Such unnecessary hardship results because of circumstances unique to the property.
The circumstances are unique because the building was built in compliance with the
Zoning Ordinance in effect at the time. No alterations to the site have been made since
the original building pennit was granted,
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 hardship is caused by the adoption of Zoning Ordinance 83-6 after the building was
constructed and is not the result of persons having an interest in the }'J.u'perty,
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, The request is to extend an
existing wall, which will not encroach further into the required setback than the
legal-nonconfonning setback. Other variances have been granted by the Planning
Corrunission consistent with that of the applicant.
/
DE HM LOW
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VARIANCE SITE
VILLAGE OF PRIOR LAKE
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UNIVERSAL TITLE
327 Marschall Road, Suite 250
Shakopee, MN 55379
(612) 445-7949
~
Mahowald Builders
7877 West 150th Street
Prior lake, MN 55372
100 FOOT RADIUS SEARCH FOR THE lANDS DESCRIBED AS FOllOWS:
lots 1, 2, 3, and the East 90 feet of lots 4, 5, and 6, Block 10, Prior lake
Dear Mr. Mahowald,
We have examined the records in the Office of the County Recorder, Scott
County, Minnesota, and have found the following persons to have an interest
in property within a 100 foot radius of the aforesaid described property:
1. Ronald Bliss
P.O. Box 547
Prior lake, MN 55372
Parcel #25-001073-0 and #25-001073-1 - West 55 feet of lots 4, 5, & 6, Block 10,
Prior lake
2. Albrecht - Duff RE Group
% Red Wing Publishing
433 West 3rd Street
Red Wing, MN 55066
Parcel #25-001075-0 and #25-001075-1 - West 100 feet of lot 7, Block 10, Prior lake
3. Gerald T. and Bonnie Maxwell
7038 West 148th Street
Prior lake, MN 55372
Parcel #25-001076-0 and #25-001076-1 - Southerly 48 feet of lot 8, Block 10, Prior lake
4. Robert C. and Barbara Beaudette
Rt. 2, Box 30
Good Thunder, MN 56037
Parcel #25-001076-2 - Easterly 45 feet of lot 7, Block 10, Prior lake
5. John P. and Carolyn M. Egan
P,O. Box 159
Prior lake, MN 55372
Parcel #25-001077-0 - Northerly 2 feet of Lot 8, and all of Lot 9, Block 10,
Prior lake
6. John P. and Carolyn M, Egan
P,O. Box 159
Prior lake, MN 55372
Parcel #25-001078-0 - lot 10, Block 10, Prior lake
(CONTI NUED)
J[,
15~ 751f' f(;;;;#M. "J ,_ _ ,JiJ,J, ~
f~ It-- 50 'lf~~,7;yz;i
7. Frank and Eillen Muelken
C.:te\~Y CQnter
15e70 F,air" ~ ; Il~l
:-'rlvl La~t:, HN ::;::;~2
Parcel #25-001079-0 - Lot 11, Block 10, Prior Lake
8. Frank and Eillen Muelken
Gateway Center
15870 Franklin Trail
Prior Lake, MN 55372
Parcel #25-001080-0 - Lot 12, Block 10, Prior Lake
9. The Gibbish Company
16670 Franklin Trail
Prior Lake, MN 55372
Parcel #25-276001-0 - Unit 1-Condominium 1014 Main Street Plaza A
10. Thomas D. and Beverly M. Sexe
23978 Panama Avenue
Elko, MN 55020
Parcel #25-276002-0 - Unit 2-Condominium 1014 Main Street Plaza A
11. D M G Enterprises
16111 Main Avenue
Prior Lake, MN 55372
Parcel #25-276003-0 - Unit 3-Condominium 1014 Main Street Plaza A
12. P F Inc.
d/b/a Prior Lake Amoco
4805 Dakota Street Southeast
Prior Lake, MN 55372
Parcel #25-268001-0 - Lot 1, Block 1, P F Inc. Addition
13. Hans Widerstrom and Frank Wicker
4769 Dakota Street
Prior Lake, MN 55372
Parcel #25-001026-1 and #25-001026-0 - Lot 12, Block 3, Prior Lake
UNIVERSAL TITLE INSURANCE COMPANY
By: .llt.(l~ ~ ~o/)
Authorl ze Si gna ure'
UNtVERSAl Tm.E INSURANCE COMPANY
c-:I UC~NSED ABSTRACTOR
U , STATE OF MINNESOTA
On this 12th Day of November, 1993.
dlk
RECEIPT
No 22389
DATE II -II", - 93
. , .
CITY 0 F
PRIOR LAKE
4629 DAKOTA STREET S.E., PRIOR LAKE, MN 55372
~~'u i1r~,-
whose address and/or legal description is
Received of
the sum of ~ J-I'.J;;1. ~ ~../:.p.
for the purpose of ! f
.(" /1
VIVI A~J? J t..d.tr ·
-
aOllars
$ 7~~ M
Rece~t Clerk for the City of Prior Lake
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~NE~
November 12. 1993
Bernie Mahowald
7877 150th St. W,
Prior Lake. MN 55372
Dear Mr. Mahowald:
This letter is in regard to your request for information related to a proposed future addition to
the building located at 4810 Dakota Street SE. otherwise known as Rod Dehmlow Auto Sales,
As per our discussion on November 9. I have contacted City Attorney. Glenn Kessel. to
determine whether or not a variance would be required in order to add on to the building.
Please be advised that it is his determination that a variance is required in order to add on to
the building if there Will be any encroachment into the required 50 ft, setback measured from
the Hwy. 13 right-of-way line, His opinion is based on Zoning Ordinance 83-6. Section 4,1B
which states. "All structures. whether attached to the principal structure or not. and whether
open or enclosed. including porches. carports. balconies. cantilevers. and chJmneys and
platforms above normal grade level. shall not project into any minimum front. side. or
rear-yard setback."
Enclosed please find an application form for variance along with guidelines which explain the
process, FA "AU the date of application. a variance Will take approximately three to six weeks to
process, The submittal requirements for variance application are:
1. A completed application,
2. A CertJflcate of SUlVey indicating the proposed addition and the setback proposed to the
Hwy, 13 right-of-way,
3, The names and address of all property owners within 100 feet of the parameter of the
subject site shall be provided by a certified abstract company.
4, The application fee for variance is $75,00, A check should be made payable to the City
of Prior Lake,
I hope that this information is helpful to you, If you require additional assistance in this
matter. please contact me directly at 447-4230,
J1n~re. '
/ V2~
e
Assistant City Plarmer
DG:jas
Enclosure
cc: Frank Boyles
Horst Graser
4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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