HomeMy WebLinkAbout4B - 16575 Inguadona Beach Circle
STAFF AGENDA REPORT
AGENDA #:
PREP ARED BY:
REVIEWED BY:
SUBJECT:
DATE:
4B
JENNI TOVAE4 PLANNER
JANE KANSIER, PLANNING COORDINATOR
CONSIDER APPROVAL OF RESOLUTION #98-XX
OVERTURNING THE DECISION OF THE
PLANNING COMMISSION DENYING A VARIANCE
REQUEST BY BRIAN MATTSON TO THE SIDE
YARD SETBACK FOR DRIVEWAY AND
IMPERVIOUS SURFACE FOR PROPERTY
LOCATED AT 16575 INGUADONA BEACH
CIRCLE, Case File #97-053
JANUARY 5, 1998
INTRODUCTION:
The purpose of this item is to consider adoption of
Resolution 98-XX overturning the decision of the Planning
Commission to deny a variance for the construction of a
garage and driveway on property located at 16575
Inguadona Beach Circle. The City Council directed staff to
prepare the resolution after hearing the appeal on
November 17, 1997. On December 1, 1997, the City
Council directed staff to work with the Department of
Natural Rescues (DNR) to get specific details addressing
the run-off issue. On December 4,1997, planning staff met
with Pat Lynch and Peter Leete of the DNR and Brian
Mattson on this site to discuss a solution.
BACKGROUND:
The Council will recall at the December 1, 1997 meeting, a
neighbor expressed concern about drainage problems
which might be exacerbated by the variance. (See attached
- excerpt from December 1, 1997 Minutes.)
The DNR has concluded that there are limited opportunities
to reduce run-off on this site. However, the attached letter
(December 10, 1997) details what is acceptable to the DNR
to achieve a decreased rate of run-off with the additional
impervious surface. The DNR specifically states the
removal of the existing parking area is necessary. Mr.
Mattson is proposing to do this anyway.
L:\97FILES\97V AR\97-053\97-53CC3.DOC Page 1
16200 Eagle Creek Ave. S.L Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTCNITY E;vIPLOYER
Considering that the proposed driveway will be setback
two feet from the side property line, the DNR suggests
construction of a two foot aggregate-filled trench. A
perforated plastic tile line could be embedded in the trench
to move water to the street. This will allow for run-off to
be absorbed into the ground and directed away from the
adjacent property. The attached drawing indicates existing
slopes and run-off and how the proposed aggregate trench
affects run-off. Gutters along the garage will direct the
run-off away from the driveway to the grassy area which
will decrease the rate of run-off.
Additionally, at the December 4, 1997 site inspection with
the DNR, Mr. Mattson indicated that the residents of
Inguadona Beach were seriously considering options for
curb and gutter. The streets are private, thus the project
would be funded with private dollars. The DNR felt this is
the overall solution to the drainage problems in the
neighborhood.
The attached resolution includes findings as discussed at
the November 17, 1997 meeting. The conditions included
in the resolution are as follows:
1. A revised survey be submitted indicating the changes to
impervious surface as proposed, including removal of
the patio area under the deck;
2. A 5-6 foot tall opaque fence must be constructed along
the side property line (meeting City Code);
3. The applicant agrees to store the driveway snow on his
property;
4. Gutters are to placed on the proposed garage to direct
the run-off to the south side of the yard (grassy area);
5. As per DNR letter dated December 10, 1997, a two foot
aggregate trench will be constructed (as part of the
permit for the garage) the entire length of the driveway
to decrease the rate of run-off from the proposed garage
and driveway and to significantly reduce run;-off to the
adjacent property to the north. Mr. Mattson, at his
discretion may place a perforated plastic tile line in the
trench to move excessive water to the street.
DISCUSSION:
If the Council feels that the attached resolution and
hardship criteria are not representative of the discussion at
the last meetings, then the necessary changes should be
L:\97FILES\97V AR \97 -05 3 \97 -5 3CC3. DOC
Page 2
AL TERNATIVES:
RECOMMENDATION:
ACTION REQUIRED:
1. Adopt Resolution 98-XX overturning the decision of
the Planning Commission as requested by Brain
Mattson with the conditions set forth above.
2. Defer this action to a date specific and provide the staff
with additional direction.
Alternative #1.
Motion and second adopting the attached Resolution
#98-XX, overturning the decision of the Planning
comU;Sion andapproVinrhe reqnested variances.
\1;~J Sri /'----
Reviewed B~.kles, City Manager
L:\97FILES\97V AR\97-053\97-53CC3.DOC
Page 3
RESOLUTION 98-XX
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL OVERTURNING UiE
DECISION OF THE PLANNING COMMISSION IN THE MATTER OF REQUEST FOR
VARIANCE, CASE NO. 97-053, AND APPROVING A VARIANCE FOR THE
PROPERTY LOCATED AT 16575 INGUADONA BEACH CIRCLE
MOTION BY:
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
SECOND BY:
the Prior Lake City Council heard this issue on November 17, 1997,
December 1, 1997 and January 5, 1998, to act on an appeal by Brian Mattson
of the Planning Commission's denial of a request for a driveway setback
variance and an impervious surface variance for property legally described as
Lot 29, Inguadona Beach; and
On December 1, 1997, the City Council directed staff to work with the DNR
to present a solution and specifics on decreasing the rate of run-off from the
site; and
the City Council finds that the request for variance meets the standards for
granting variances set forth in Section 5-6-6 (C, 1-4) of the City Code, and
that the appellant has set forth adequate reasons for overturning the decision
of the Planning Commission; and
the City Council has determined that the Planning Commission's decision
denying the request for variance should be overturned, and said variance
should be approved:
NOW THEREFORE, BE IT RESOLVED BY 1 HE CITY COUNCIL OF PRIOR LAKE:
FINDINGS
1. Brain Mattson applied for a variance from Sections 5-5-5 F and 5-8-3 B,l of the Zoning
Code in order to permit a 1 foot side yard setback for a driveway rather than the required 5
foot setback and a 24% variance to permit impervious surface coverage of 54% rather than
the maximum allowed of 30% impervious surface coverage as drawn in Exhibit A on
property located in the R-l (Suburban Residential) District and the'sD (Shoreland Overlay)
District at the following location, to wit;
16575 Inguadona Beach Circle, legally described as Lot 29, Inguadona Beach
2. The Planning Commission reviewed the application for variance as contained in Case File
#97-053, held hearings thereon on June 23, 1997 and on October 27, 1997, and denied the
applicant's request.
1:\97fi1es\97var\97 -053\rs98xxcc.doc Pag.s:d
16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (61L) 4 7-4245
AN EQUAL OPPORTUNITY EMPLOYER
3. Brian Mattson appealed the decision of the Planning Commission in accordance with Section
5-6-3 (A) of the City Code.
4. The Prior Lake City Council reviewed this appeal on November 17, 1997, December 1, 1997
and January 5, 1998.
5. City staff met with DNR representatives on December 4, 1997 at the site to discuss the
grades and means of decreasing the rate of run-off (see December 10, 1997 letter from
DNR).
6. The City Council has considered the effect of the proposed variance upon the health, safety,
and welfare of the community, the existing and anticipated traffic conditions, light and air,
danger of fire, risk to the public safety, the effect on property values in the surrounding area
and the effect of the proposed variances on the Comprehensive Plan.
7. Approving the variance allows a permitted accessory use, a two-car garage, and access to the
garage, on this property.
8. The proposed variance does not negatively impact light, air or drainage on the site. Snow
storage can occur on the site, and the potential damage to adjacent properties can be avoided
through the use of a fence.
9. The City Council has determined that there are unique circumstances or conditions regarding
the property that are not the fault or cause of the applicants.
10. The City Council has determined literal enforcement of the ordinance will result in undue
hardship, as the applicant's are proposing to meet the building setback requirements and the
proposed variances are unavoidable.
11. The contents of Planning Case File #97-053 are hereby entered into and made a part of the
public record and the record of the decision for this case.
CONCLUSION
Based upon the Findings set forth above, the City Council hereby overturns the decision of the
Planning Commission and hereby approves the following for a proposed detached garage and
driveway as drawn in Exhibit A and modified by the applicant in Exhibit B, which exhibits are
incorporated into this resolution:
1. A three foot side yard setback variance permitting a driveway setback of two feet
rather than the required driveway setback of five feet.
2. A 6.5% impervious surface variance permitting impervious surface of 36.5% rather
than the maximum allowed of 30%
These variances are granted with the following terms and conditions;
1. A revised survey must be submitted, indicating the applicants proposed change and
the removal of the existing concrete patio and driveway to decrease the impervious
surface to 36.5%.
1:\97fi1es\97var\97 -05 3\rs98xxcc.doc
Page 2
2. A completely opaque fence, 5 to 6 feet in height and meeting City Code, is to be
constructed between the proposed driveway and the property line to the north,
abutting Lot 26, Inguadona Beach, to contain the applicant's snow within his
property. This fence will be constructed prior to the issuance of a certificate of
occupancy, temporary or permanent, for the proposed garage.
3. The applicant hereby agrees to keep and store snow from the proposed driveway,
especially the front yard, on his property.
4. Gutters are to be placed on the proposed garage to direct run-off to the yard to the
south side of the property (grassy area).
5. As per DNR letter dated December 10, 1997, a two foot aggregate trench will be
constructed (as part of the permit for the garage) the entire length of the driveway to
decrease the rate of run-off from the proposed garage and driveway and to
significantly reduce run-off to the adjacent property to the north. Mr. Mattson, at his
discretion may place a perforated plastic tile line in the trench to move excessive
water to the street.
6. As per City Code Section 5-6-6 (D), the applicant has 60 days to record this
resolution or it is null and void and as per Section 5-6-8, the applicant has one year
to obtain the necessary permits for the proposed project or this approval is null and
void.
Passed and adopted this 5th day of January, 1998.
YES
NO
Mader
Kedrowski
Petersen
Schenck
Vacant
Mader
Kedrowski
Petersen
Schenck
Vacant
{Seal}
City Manager,
City of Prior Lake
1: \ 97 files \97var\97 -05 3 \rs 98xxcc .doc
Page 3
Minnesota Department of Natural Resources
DNR Waters, Metro Region, 1200 Warner Road, Sl Paul, MN 55106-6793
Telephone: (612) 772-7910 Fax: (612) 772-7977
December 10,1997
~D ~\9\fn~@~
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-
L---
Ms. Jenni Tovar
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372
L
-
RE: MA TISON Th.fPERVIOUS SURFACE AND SIDEY ARD SETBACK VARIANCE REQUEST,
CITY OF PRIOR LAKE, SCOTT COUNTY
Dear Ms. Tovar:
This letter is a follow up to the Thursday, December 4 site visit of the Mattson property regarding the
variance requested for the installation of a driveway and garage. The Department of Natural Resources
(DNR) agrees that there are limited options for the property as far as improved drainage for either the
existing or proposed driveway alignment. As I recall, the following was agreed to as the best solution to
runoff concerns:
1. Removal of the existing car slab.
2. Placem~nt of a....two-fo.otJ1~~te-filled trench between the proposed driveway and the
!?-ortherly property 1iI!~:_A-P~rfur!~_plas~ tile ~.e could also be p~ iI.!.!h.e tre~~h to
move excessive water to t:ll~~1r~t.
The DNR will not object to the proposal as currently agreed to. The rock-filled trench adjacent to the
proposed driveway should decrease the rate of runoff, allow for some infiltration, and prevent water from
running onto the property to the north. Gutters on the house and proposed garage as well as grading of other
areas of the lot could also help in redirecting existing drainage to minimi7.e the overall effects of the increased
imperviolm su.-face of the lot. We arc interested in overall solutions to Ihe neighborhood's concerns of street
runoff. Please keep us informed if street modification plans go forward.
Thank you for the opportunity to comment. Please contact me at 772-7910 should you have questions.
~~~
Hydrologist
P AMUcds
c: Brian Mattson, 16575 Inguadona Beach Circle, Prior Lake
DNR Information: 612-296-6157. 1-800-766-6000 . TTY: 612-296-5484. 1-800-657-3929
An Equal Opportunity Employer
Who Values Diversity
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PROPOSED 71 DRIVEWAY
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BRIAN MATTSON
16575 INGUADONA BEACH CIRCLE
PRIOR LAKE, MN. 55372
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DESCRIPTION:
Valley Surveying Co., f?A.
SUITE 120-C, /6670 FRANKLIN TRAIL
FRANKLIN TRAIL OFFICE CONDOMINIUM
PRIOR LAKE, MINNESOTA 55372
TELEPHONE (612) 447-2570
EXHIBIT A
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5S9.IS'OS"E
103.3 plot
---105.73 meos.---
FENCE IS'
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GA RAGE SLAB
EL 942..01
EXISTING
HOUSE
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Lot 29, "INGUADONA BEACH", Scott County, Minnesota. ZUso showing the 'ocation of
th~ existing impcovem" - sand pcoposed addition, this 16th day of feb. 1996.
['I(lrES' Benchmark '1."0.15 walkout elevation of the existing house.
Net lot acp-a = 5,607 sq. ft.
946.7
x
DENOTES EXISTING GRADE ELEVATION
~
Proposed net lot covecage = 53. e %
(940.2) DENOTES PROPOSED FINISHED GRADE ELEVATION
DENOTES PROPOSED DIRECTION OF SURFACE DRAINAGE
SET GARAGE SLAB AT EL. 940.34
SET TOP OF BLOCK OF GARAGE AT EL. 947.B2
Net existing lot covecage = 28.0 %
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20
40
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SCALE
IN
FEET
ReVised 5/15/97 To show proposed goroge
os directed by owner.
I hereby certify that this ."rvey wo. prPPOl'-.d
by m@ or tJnder my d;r~t sup<<'1fis;on and thot
J om.. ,duly lirensed Land Swv@)'or under th.
",,;:".,nf th,_ <:fl'9f.o "'# AAj"".~t1't
EXHIBIT A
CITY OF PRIOR LAKE
Impervious Surface Calculations
(To be Submitted with Building Permit Application)
For All Properties Located in the Shoreland District (SD).
The Maxi~um Impervious Surface Coverage Permitted in 30 Percent.
Property Address \ '-P616
. PAGE 2
~. c::'u ""'~'-.'1 'A- B E. ~~ c...,'(~Q.s2;""
Lot AreaS i ~cil Sq. Feet x 30%. = .............. \ ~B.2, 0
************************************************************************
TOTAL PRINCIPLE STRUCTURE.......................
f~ pcseP G,.A(::{"-j€
-2.1..1 x 20
lo x tL.-
HOUSE
ATTACHED GARAGE
DETACHED BLDGS
(Gara~
CONe.. rek (e1L~~)
DlUVEWAYIPAVED AR1!AS
... ~ '
(Driveway-paved or not)
. (SidewalkIParking Areas)
P A TIOS/PORCHESIDECKS
(Open Decks '14" min. opening between
boards. with a pervious surface below;
are not considered to be impervious)
Of'V~?.(?J? n~\\)~\.~M. +0
~el/~. (;d.),.Y<.Aa e.... I
OTffER'...J . .
LENGTH WIDTH SQ. FEET
'2.!8.~ . .. x '2..4 = lDe,L\
\.1- x 1, .c; = 4'2---
X =
...
~2...(p
",.
460
, '''2..0
TOT ALDET ACHED BUILDINGS.......................
\coo
L/ i- 2-.0 '3~ 0
.;:j.t:; X z.o = \\0
"Z.Y X <c = \ ,"2- A,.....,~ o..c.k.
'2.'5 X 8 ="20
'"' . ?> ...t-. \"2- 5 Z-
TOT AL PAVED AREAS.....~................................... JlJ;A." ,,;~ r\ '-\
x =
X =
.X =
,T OT AL DECKS... It ...... II.. ...,. ........ ....... I" ...... ......... ...
) e. "1-.. 7..i.:>
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( LJ \ X qe
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..., ol..j_"t>J"\ ~ p"", .\C~
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=
TOTAL OTHER....~.......... ........................................
ql'-l
TOTAL IMPERVIOUS SURFACE
UND~
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Comp~nL\\'~ ~K.\;;..--\ .
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Phone #.\.\ '-\, -"LS-' Z)
EXHIBIT B
REVISIONS
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SLt "?.r.: +0 36 ~
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7&J.,s- s.,2 fC.c= f-
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9. ITEMS REMOVED FROM CONSENT AGENDA
A. Consider Approval of Resolution 97-XX Overturning the Decision of the Planning
Commission Denying a Variance Request by Brian Mattson to the Side Yard Setback
for Driveway and Impervious Surface for Property Located at 16575 Inguadona
Beach Circle, Case File #97-053.
.
Councilmember Mader said everything should be done to allow the owner to have a garage.
He asked about the impervious surface presently on the property. He said the net existing lot
coverage is 28% and asked if that was impervious surface.
.
Planner Tovar said yes.
.
Councilmember Mader said they were talking about going from 28% to 36.5%, meaning
about 6.5% over the present ordinance. He asked about the fence, whether it could be taken
down in the future.
.
Planner Tovar said no, it would be recorded.
.
Councilmember Mader said the resolution says the applicant agrees to store snow, and asked
if it would be recorded.
.
Planner Tovar said if the City Council wanted a separate agreement they could do that but
the entire resolution would be recorded, so if the property transferred, the conditions would
hold.
.
Councilmember Mader asked about the provision in the resolution for water being diverted
to a swale or holding area.
.
Planner Tovar said she talked to Pat Lynch of the DNR and he would work with them, but
may not be able to do the swale on the property.
.
Councilmember Mader said to the extent that there is more impervious surface, there is more
runoff, and where on the property could they have a swale or divert the runoff to a holding
area?
.
Planner Tovar said there are possibilities ofre-routing the water.
.
Councilmember Mader said the south side of the property is higher.
.
Planner Tovar indicated the elevation and slope of the property in the back of the garage and
the street. She said they would do some grading in the back.
.
Councilmember Mader said he would be more comfortable if he saw how they would deal
with the water.
12197,DOC
5
. Councilmember Kedrowski said the resolution is requiring him to remove a concrete deck,
but it is not stipulated that he would have to move the driveway in front.
. City Attorney Pace said that could be incorporated.
. Planner Tovar said it was under the conclusion part of the resolution.
. Councilmember Mader said Councilmember Kedrowski's reference is to removing the patio
concrete and not specifying the driveway as well. It should state both so there is no
misunderstanding.
MOTION BY KEDROWSKl SECOND BY SCHENCK TO AMEND THE RESOLUTION
TO INCLUDE EXHIBITS A AND B AND IN NO. 1 LIST CONCRETE DRIVEWAY
AND THAT THE RESOLUTION BE RECORDED.
. City Attorney Pace said in number 4, the additional impervious surface runoff should be
water.
. Councilmember Mader said he had concern with that. It makes it subjective. Somebody
better figure out a way to deal with the water.
. Mayor Andren recognized Dennis Fu1com of 10500 Olympic Circle Eden Prairie. He
addressed the Council on behalf of his parents, who owned the house accross the street. He
was concerned about runoff to his parents house. He said there was a big water problem
now.
.
Councilmember Mader said this should be tabled one more time so the staff could look at it
with the property owner and DNR so that more problems are not created for the property-
owners across the street.
MOTION BY MADER, SECOND BY ROBBINS TO TABLE THE ITEM.
Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins, and Schenck, the motion carried.
.
City Attorney Pace asked where are we on the sixty day rule?
.
Planner Tovar said it started November 2nd, so we have until January 2nd. She said if
necessary, theY,can grant another 60 day extension.
10.
OTHER BUSINE
A. City Alanager
MOTION BY AN . 'N SECOND B MADER TO NOMINATE COUNCILMEMBERS
KEDROWSKl AS T EV ALUATION COMMITTEE.
.
12197.DOC
6