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Home My WebLink About8D - Hennen's Maple Park Shore Acres MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT NOVEMBER 2, 1998 8D JENNI TOVAR, PLANNER DON RYE, PLANNING DIRECTOR PUBLIC HEARING TO CONSIDER APPROVAL OF RESOLUTION 98-XX DENYING THE VACATION OF A DRAINAGE AND UTILITY EASEMENT LOCATED IN LOTS 43 AND 44, C.O. HENNEN'S MAPLE PARK SHORE ACRES Historv: This petition is part of a proposal by the property owner to construct a house on a vacant lot. The proposed house with attached garage exceeds the allowable building envelope and encroaches into' existing easements and setbacks. The lot was created in 1995 as part of an administrative subdivision to reconfigure Lots 43 and 44. Upon approval of the administrative subdivision, this drainage and utility easement was granted to the City. The Planning Commission reviewed this vacation request with setback and impervious surface variance requests on October 19, 1998. The Planning Commission adopted Resolutions 98-031PC denying the variance requests of impervious surface and setbacks and Resolution 98-032PC recommending denial of the proposed vacation. The Planning Commission is of the opinion there is a public need for the easement to accommodate drainage when a future house is constructed. The variance requests were denied because the request did not meet all four of the hardship criteria and the applicant could reduce the footprint of the house to meet all of the zoning requirements and be located out of the easement. The applicant did not appeal this decision to the City Council. Current Circumstances: There are no utilities located in the easement to be vacated. However, the Engineering Department concurs with the Planning staff and Planning Commission's recommendation to keep the easement. When a house is constructed on this lot, the easement will provide an area for on-site drainage and will be available for the placement of utilities if necessary. The Issues: Minnesota Statutes 412.851 allows the Council to vacate easements or right-of-way by resolution. The statute states that "no 1:\98.tiles\9lUtac\98-137\98.13.7cc...doc . PSlg<: 1 162UOc.agle CreeK Ave. ~.I::.., PrIOr Lake, Mmnesota 55372-1714 1 Ph. (612) 447-4230 1 Fax \61~) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: 1:\98files\98vac\98-137\98137cc.doc such vacation shall be made unless it appears to be in the public interest to do so". The existing drainage and utility easement will be used primarily for drainage when a house is constructed on the lot. Additionally, this easement is adjacent to an existing platted 20' private gravel drive. Should the gravel drive be improved or widened, the easement may be necessary to accommodate additional drainage. Therefore, there is public interest in maintaining the easement. Conclusion: The proposed vacation, although consistent with the Comprehensive Plan, is not in the best public interest. On this basis, the staff recommends denial of the vacation of the portion of the drainage and utility easement. The City Council has three alternatives: 1. Adopt Resolution 98-XX denying the vacation as requested. 2. Deny Resolution 98-XX. 3. Defer this item and provide staffwith specific direction. Staff recommends Alternative #1. A motion and second to approve Resolution 98-XX denying the vacation of a portion ofthe drainage and utility easement located in Lots 43 and 44, C.O. Hennen's Maple Frank BO~ M.,~ger Page 2 RESOLUTION 98-XX DENYING THE REQUEST TO VACATE A PORTION OF A DRAINAGE AND UTILITY EASEMENT LOCATED ON LOTS 43 AND 44, C.O. HENNEN'S MAPLE PARK SHORE ACRES BY: SECOND BY: WHEREAS, a petition for the vacation of a portion of a drainage and utility easement has been duly presented to the City of Prior Lake, signed by the owners of the property containing the following described easement situated in the City of Prior Lake, Scott County, Minnesota to wit: LEGAL DESCRIPTION OF EXISTING EASEMENT: The northerly 10 feet of Lots 43 and 44, e.O. Hennen's Maple Park Shore Acres, Scott County, MN. As shown in attached Exhibit A. LEGAL DESCRIPTION OF PORTION OF EASEMENT TO VACATE: The southerly 5 feet of the northerly 10 feet oflots 43 an 44, C.O. Hennen's Maple Park Shore Acres, Scott County, MN. WHEREAS, notice of the hearing on said petition has been duly published and posted in accordance with the applicable Minnesota Statutes, and WHEREAS, a Public Hearing was held on said petition on Monday, November 2, 1998, at 7:30 p.m. in the Council Chambers at the Prior Lake Fire Station #1; and WHEREAS, the City Council then proceeded to hear all persons interested in said petition and persons interested afforded the opportunity to present their views and objections to the granting of said petition; and WHEREAS, the City Council of Prior Lake has determined that the vacation of said drainage and utility easement would not be in the public interest. NOW THEREFORE, BE IT RESOLVED BYUiE CITY COUNCIL OF PRIOR LAKE, that pursuant to Minnesota Statutes 412.851, the above described drainage and utility easement situated in the City of Prior Lake, Scott County, Minnesota is not to be vacated. Passed and adopted this 2nd day of November, 1998. .l:\98fil.es\9&val<\98-13-nxes9B~xx.do<< . P,..M1i: 1 16200 t:agre Ueek Ave. ::>.t.., Pnor LaKe, Mmnesota 55372-1714 / Ph. (612) 447-4230 1 Fax (6L~J q,47-4245 AN EQUAL OPPORTUNITY EMPLOYER {Seal} 1:\98files\98vac\98-137\res98-xx.doc YES MADER KEDROWSKI PETERSEN SCHENCK WUELLNER MADER KEDROWSKI PETERSEN SCHENCK WUELLNER Frank Boyles, City Manager City of Prior Lake NO Page 2 .,-- of the nor-theast corner thereof. - ........_'-''-'-4&.~\.,.. I....J.UU LceL SuuLIle'.l'y EXHIBIT A 1\' , . ~"'" lrl' ," - \ \ .- - \ \ loh'J/-.O) ~ "tJ ~~ ,7"" ",p q'V' Y .- - - ....~~ '1 ~ :- ~ \""\ I", ~ '7 f5' ~- - --- r , ~"t-r bF v .E __ "\ I - - -. ,... '" _~6J/.?t.. ,- \ \- --"Z:rDm'f5r1 ~~1 r P--' m \ ~ ',)~'-' -!~~, "....~ .;_ ." :-'r 6 - ~ . I tJ. . ~lD ~ ~/:J (), . _. .. I ... ""'" _ , '""" 'I M _'. A r _ \" -. I, '".: \ ,r,;..- "r;~ ... ~......JL.JLl"'J:"<< hl '-, '-- - ~~ ,....' _-'e......,., PROposED 10' 1<. /8' \D&"C-k... uJ . z \ .'Iifu=:.l ,- "- ~J ~ . . - I II (?~~~/.g..' I ~Z' {A1r/ L ..;:~.\"~\ _-;:".,__1 (9)~\1~_,\~ ous!! ........ .- _ ~ r-" '2 ~. \ ~' >z II I I \ \ , \~ ') .... ~ ~ PLANNING COMMISSION MINUTES OCTOBER 12, 1998 1. Call to Order: Approval of Minutes: ::::::j:!i!:::;:::r::i:i:::jii:i::::::::ii:t:::;:::::::.:'.. ';:;:;:::: ....;::::;:;:;:;:;:;:;:;:;:;::::::..... Correct "Criego" at the bottom of page 2. '::::::::::!.::::::::..:::::::::::::;;".:::::::r::::::::::::::::::!:::::::!!!I!!...!.:!::::::::if::. ..::::::::;tr~~~:~:~::::::::... .:.:.:.:.;.:.:.' ,,:.:.:.:.' ~h~o~~~~~ from th~ 998 Pl~ormcisSion meeting were approved 4 Publl'C Hea"r:::::l~'n'::::::M#}:::.. ..:::::fr::::::::::::::::::::,:.:.:.:.:....................:.::::(::::v . &~...... .......................................... :._~ A. Cas~Ji9IbJ36 a~ is requesting a 10 foot variance to ~ permit a..x~alF'i:i4:::'~1.?ack 1.S:i:(~~;,X~~ber than the required setback of 25 feet; and a 4.5 P~F#~bt foot var:i:;;:!::,to perqt:~::'impervious surface coverage of 34.5 percent ins~i!1 of the maximuii::".llowetflmpervious surface coverage of 30 percent; #98-137 r~:fi~!tmg a vacation o~ji:[:portion of drainage and utility easements adjacent to Lots 43 an(f:~~:::%:~O. Hannc,lj,: Maple Park Shore Acres. ":::;:;::::::::::::::', ,,::::::::::.' "::;:;:;:;:;:;:;:;:;:;" ;:;:;:;:;:;" Planner Jenrtf:r1IX~J~f~:sented the Planning Report dated October 12, 1998 on file in the office of the Cit~::W~ahner. ':;~1~::::" The October 12, 1998, Planning Commission meeting was called to order q:$:::YI<:e Chair V onhof at 6:30 p.m. Those present were Commissioners Criego, Kuyk~P.9lin;:==Stlim.son and Vonhof, Planning Director Don Rye, Planning Coordinator Jane .K~.ier, Planner 2. Roll Call: V onhof Kuykendall ::;:;:;:;:;::" Criego Preserie::::::~:::::::::::::::::::::::.. ./('!!:::::::::::::::::::::}::. Cramer Absent ..::::t:tt::::::(?::.. Stamson Absent ..:::t::::::::::t:::::.. "::::::::::::::!!::::!::::::::t:ti:::::'" '\~~~~i~f~::::" .::~{~~~::::.. 3. The Planning Department received a variance application from Pat Hayes who is proposing to construct a single family dwelling with attached garage and deck. The proposed structure will be located 15 feet from the rear lot line, instead of the required setback of25 feet and the proposed impervious surface will be 34.5% rather than the maximum permitted of 30%. The structure is also located 5 feet over an existing 10 foot wide easement, for which a vacation of the easement is being requested. 1:\98fi1es\98plcomm\pcmin\nm 1 0 1298.doc Staff concluded the variance and vacation requests do not meet all four hardship criteria. The house could be redesigned to meet setbacks and located out of the easement. Criego questioned the building envelop and the impervious surface, Tovar responded with the percentages. MOTION BY KUYKENDALL, SECOND BY CRIEGO, APPROVING RESOLUTION 98-31PC DENYING A 10 FOOT VARIANCE TO PERMIT A 15 FOOT REAR YARD SETBACK INSTEAD OF THE REQUIRED 25 FOOT SETBACK AND A 4.5% I :\98fi\es\98p1comm\pcmin\mn I 0 1298.doc 2 VARIANCE TO PERMIT IMPERVIOUS SURF ACE COVERAGE OF 34.5 PERCENT RATHER THAN 7HE MAXIMUM PERMITTED OF 30 PERCENT Vote taken signified ayes by all. MOTION CARRIED. MOTION BY KUYKENDALL, SECOND BY CRIEGO, APPROVING RESOLUTION 98-032PC RECOMMENDING DENIAL OF THE VACATION OF DRAqi'i4QE AND UTILITY EASEMENTS LOCATED ON LOTS 43 AND 44, C.O. ~ ~N~:S:~~MAPLE Vote taken signified ayes by all. MOTION CARRIED. V onhof explained the appeal process. .::~~j~~~::::,. ::/:l!::j:::::::::::::\~::::.. A. Case #98-019 Consider an official map for a rnig:::~9.~:d in the southeast ~~;~;f;;;~~~;:;;~:~~ October 12,1998 The purpose of the proposed.rm:&$H~d is to prtwHe access4i!f'ihe commercial properties on the southwest side ofIlj8fiWaY\~:2kand to r~1?}lte traffic from Highway 13 to a local street. In the past year~.:::*e::'Planning:::~ommissiat,ir.y:yiewed several proposed alignments which would acco1TI:B!i!~i.this by d.~t~6ting traffic..IBfu Franklin Trail to Toronto Avenue, :::~;:ea~~f:=n~ ~~~s~:::~:~:~s~~ed. Staff recgM~i:ighdeq::Dp!oval o'f::I~~::Qf.P.cial Map as proposed or with changes specified by th~Jllihning coiiiililion. Th~::;rficial Map provides for the alignment of the future roa.q~:::Jd allows the Ci~::~iP.d theiidJacent property owners to plan development ~:;r~t. Lorraine Borka;::::!1i,S4 Rutgers Street, stated her concern with the route taking her parking lot.. Bqf,ka rents the building and has owned it since it was built about 30 years. Her fear is that there will not be enough parking if the proposed road goes through. Borka is opposed to it because losing the parking or building will affect her income. Mrs, Borka asked the Commissioners to consider her request. 5. Old Business: Larry Borka, son of Lorraine Borka, explained how the family business started 30 years ago and renting the building is his mother's only source ofincome. If the proposal goes through the building will be worthless. He asked if the road could be moved. Mr. Borka asked the Commissioners to think about reconsidering. 1:\98fi1es\98plcomrn\pcmin\rrm I 01298.doc 3 ... RESOLUTION 98-032PC RESOLUTION RECOMMENDING DENIAL OF THE VACATION OF DRAINAGE AND UTILITY EASEMENTS LOCATED ON LOTS 43 AND 44, C.O. HENNEN'S MAPLE PARK SHORE ACRES MOTION BY: Kuykendall SECOND BY: Criego WHEREAS, the Planning Commission of Prior Lake has considered the vacation of drainage and utility easements on the property located in Lots 43 and 44, C.O. Hennen's Maple Park Shore Acres; and WHEREAS, the Planning Commission has determined that there is a public need for the drainage and utility easements. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF PRIOR LAKE, recommends to the City Council that the previously dedicated drainage and utility easements legally described as the southerly 5 feet of the northerly 10 feet of lots 43 an 44, c.o. Hennen's Maple Park Shore Acres, Scott County, MN. not be vacated as a public need for the easement exists. Passed and adopted this 12th day of October, 1998. 11 It /) Itvdf- ~ AnthonyJStamson, Chair ATTEST: () _/ . ~ /.1). \ "tlMJ..!A..-/ J~ Kansier, Planning Co-ordinator L:\98FILES\98V AR\98-136\RES98032.DOC Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 1 Ph. (612) 447-4230 1 Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER , , RESOLUTION 98-31PC A RESOLUTION DENYING A 10 FOOT V ARlANCE TO PERMIT A 15 FOOT REAR YARD SETBACK INSTEAD OF THE REQUIRED 25 FOOT SETBACK AND A 4.5% V ARlANCE TO PERMIT IMPERVIOUS SURFACE COVERAGE OF 34.5 PERCENT RATHER THAN Iii]!,; MAXIMUM PERMITTED OF 30 PERCENT BE IT RESOL YED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. Patrick Hayes has applied for variances from the Zoning Ordinance in order to permit the construction of a single family home on property located in the R-l (Suburban Residential) District and SD (Shoreland District) at the following location, to wit; That part of Lots 43 and 44 C.O. Hennen's Maple Park Shore Acres according to the recorded plat thereof, Scott County, Minnesota, which lies northerly of a line connecting a point in the westerly line of said Lot 43 distant 75.00 feet southerly of the northwest comer thereof with a point in the easterly line of said Lot 44 distant 75.00 feet southerly of the northeast comer thereof. 1. The Board of Adjustment has reviewed the application for variances as contained in Case #98-136 and held hearings thereon on October 12, 1998. 2. The Board of Adjustment has considered the effect of the proposed variances 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 en the Comprehensive Plan. 3. Because of conditions on the subject property and on the surrounding property, it is possible to use the subject property in such a way that the proposed structure, without the granting of the variances, will not be contrary to the Zoning Ordinance and Comprehensive Plan. 4, The legal building envelope for the lot is approximately 3,000 square feet. The applicant has control over the proposed location of the house and layout. Reasonable use ofthe property exists within the legal building envelope. 1:\98fiIes\98var\98-136\re983I pc. doc 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 1 Ph. (612) 447-4230 1 Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER . ; '~ 5. The granting of the variances are not necessary for the preservation and enjoyment of a substantial property right of the applicant. The variances will serve merely as a convenience to the applicant, and is not necessary to alleviate demonstrable hardship. The factors listed above allow for an alternative house design and layout and alternative location to be permitted without the variance. 6. The contents of Planning Case 98-136 are hereby entered into and made a part of the public record and the record of decision for this case. CONCLUSION Based upon the Findings set forth above, the Board of Adjustment hereby denies tlie following variances, as shown in attached Exhibit A (survey) for proposed single family dwelling; 1. A 15 foot variance to permit a 10 foot rear yard setback instead of the required 25 foot setback; and 2. A 4.5% variance to permit impervious surface coverage of 34.5% rather than the maximum permitted of 30%. Adopted by the Board of Adjustment on October 12, 1998. g:~,&g~r A~ AnihJ>ny Stamson, Chair 1:\98files\98var\98-136\re9831 pc. doc 2 <:,,_ J..:t U.I: t:ne ClUL c.uw~::; c. corner t:nereor Wl. th a pOl.n t l.n the easterly line of said Lot 44 distant 75.00 feet southerly of the northeast corner thereof. EXHIBIT A SURVEY \ \ -- -- -r , PROPO!5$O 10' "" 18' \'G<?~ , CA' ~"...e I/' E!Z. -z' ~ ~z (', . , \OZ' ;I. /I' CA-;.rrfUY;:R. P;<opoSI!!&:> - \ . (J/./E \ ~r.:y H<-ArlE Ow~f/9 ::d:" ~ Z5IJ \ , ( .- ~- ~~ , ,::JURF,ACS ~ pqE pr 8,!VrlIJlOI/-P E J T PA\L N. @)/r/JI . L ~e E >< ISP^''? J ',</,4iK$1Z ::S61Z I . \i?J t1;1 r,fv' " 933.0 .1-1" . '" 9';~'0 -toP' _ - .- -- -- -- BENCHMARK Note: sanitary sewer invert in Qbacker Trail 45 more or less SWly of the SW corner of Parcel B. Elevation 933.00 NGVD 1929 Tree locations and elevations primarily on Parcel A were added to this drawing the 10th day of April, 1997. ADMINISTRATIVE SUBDIVISION Prel?ared for JMEHT AND D KIJ'.--Y..." U' 1':' C Property Address :-! r \\ ;-; ;-:~-; ~>\ t CITY OF PRlORLAKE \ rc;~' i:''':', Ii \'11 .' ii"' D F- ~ ~ _1-" --:, I~O~~~~~~~:~:~~~~~~I~~~~~~~S ! I SEll 1. 5 \998 is/! F or All Properties Located in the Shoreland Distric , Q1- j The Maximum Impervious Surface Coverage Permitted i . 30 Pert"Pm:. M / flAy L:=-5 , - f..;:;:. -,;.. -:._; ~ ..., 7 (~_c~- !: -~ j )':--< , Lot Area 75tJC7 Sq. Feet x 30% = .............. z:z~~. q ************************************************************************ LENGTH WIDTH HOUSE x = SQ. FEET 16;1-1 zz x x = ATIACHED GARAGE zz. -G = J/?5 TOT AL PRINCIPLE STRUCTURE...~.................. 2/36 DETACHED BLDGS (Garage/Shed) x X TOTAL DETACHED BUILDINGS....................... ;J t:J ;../ E DRIVEWA YIPA VED AREAS (Driveway-paved or, not) (SidewalklParking Areas) X X X = = 1/3 z~ = TOTAL PAVED AREAS......................................... '/60 PATIOSIPORCHESIDECKS X = (Open Decks W' min. opening between X = boards, with a pervious surface below, are not considered to be impervious) X = "1-' OT AL DEe KS....~............................................. ....... NO;"/~ OTHER X X = = TOT AL OTHER...................................... ................. !Jt?)./E UNDER/OVER /J Prepared By ~ i!, company.J;;K'IIAY'& !AN[)6.;RveY~~ 3 c . S 70 I 2586 I 836 Date 'I /ZG/ tJa , I TOTAL IMPERVIOUS SURFACE Phone # t/-J/{; - 9/ ~~