HomeMy WebLinkAbout4 - John Turner Variance Appeal
AGENDA NUMBER:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
HERITAGE
1891
COMMUNITY
1991
2((91
<U7JS~lA/'
4
DEB GARROSS, ASSISTANT CITY PLANNER
CONSIDER JOHN TURNER VARIANCE APPEAL
OCTOBER 15, 1990
The purpose of this item is to consider a
variance appeal for John Turner III, who
resides at 14137 Shady Beach Trail. On
September 20, 1990, the Planning Commission
denied a 2.5 foot rear yard variance on the
grounds that no hardship had been demonstrated
with respect to the Zoning Ordinance. See
attached Planning Commission minutes dated
September 20, 1990 for details. Mr. Turner
submitted a written appeal to the City on
September 24, 1990 requesting that the City
Council review the decision of the Planning
Commission.
The applicant resides at 14137 Shady Beach
Trail and is requesting approval of a 2.5 foot
east rear yard variance. An existing deck is
located on the east side of the single family
home. The deck was built 22.5 feet from the
east property line.
A building permit was issued to the site in
May of 1990. The Building Official reviewed
the permit, survey and house plans and
indicated that the deck would have to be
reduced in size to be compliant with Zoning
Code setback re9Uirements. See attached
building plans revl.sed by Building Official,
Gary Staber, indicating directions to reduce
deck size. Durin9' construction, a decision
was made to bUl.ld the deck larger than
proposed in the building permit application.
This decision was apparently based upon an
inaccurate measurement on the part of the
builder, to the rear yard property line. The
applicant determined the setback by running a
string line parallel to the rear property
line. The problem is that the setback is
determined by the closest point of the
structure in relation to the setback line. See
attached survey for clarification. The error
4629 Dakota St. S.E, Prior Lake, Minnesota 55372 I Ph. (612) 447-4230 I Fax (612) 447-4245
DISCUSSION:
ALTERNATIVES:
was caught upon inspection by Prior Lake
Building Inspector, Jay Scherer. The
applicant was given the options to reduce the
deck size or apply to the Planning Commission
for a variance.
The lot is relatively flat with a drainage
channel located just to the east of the
subject site. The lots located north and
south of the subject site are developed with
single family homes. The land located to the
east is a drainage channel and dense
vegetation separates the channel from
properties to the east.
The subject site contains 8,268 square feet of
area and is approximately 90 feet wide. The
required rear yard setback is 25 feet. The
deck is located on the second story of the
home.
This is a situation whereby the hardship was
created by an individual action and not the
provisions of the Zoning Code. Had the deck
been built as per Building Permit 90-109,
there would be no need for a variance. There
is sufficient lot area available for a deck to
be built com~liant with the zonin9 Ordinance.
This situatl.on can be remedl.ed through
redesign of the deck and there is no
demonstrated hardship. The variance requested
is minimal however, the Cit~ must be able to
defend its decisions in varl.ance cases and it
is crucial that variances not be granted
without hardship justification provided by the
Zoning Code. Hardships created by a property
owner whether intentional or not, are not
situations covered by the Zoning Code and
therefore should not be subject to variance
approval.
1.
ACCe}?t the recommendation of the Planning
Comml.ssion to deny the 2.5 foot rear yard
variance due to lack of demonstrated
hardship.
Reverse the decision of the Planning
Commission and ap~rove the variance as
submitted. Specl.fic hardship criteria
must be found to support such a
variance.
Table the item for further study.
2.
3.
RECOMMENDATION:
ACTION REQUIRED:
The recommendation of the Planning Commission
is to deny the 2.5 foot east rear yard
variance on the basis that no hardship exists
with respect to the provisions of the Zoning
Ordinance.
Motion depends upon discussion of the City
Council.
September 24, 1990
City of Prior Lake
On Thursday, September 20, 1990 I appeared before the Planning
Commission to request a variance. That variance was denied.
I would like to appeal this decision to the City Council.
Please notify me of the date of this hearing.
~
hn H. Turner III
4137 Shady Beach Trail
Prior Lake, MN 55372
fI'1e; - /6<1'~
d
~\-,o
/0 J
/j 1~';
q~tf..1
PLANNING COMMISSION MINUTES
SEPTEMBER 20, 1990
PAGE 3
Vote taken signified ayes by Wells, Loftus, Kedrowski, and
Arnold. MOTION CARRIED.
MOTION BY WELLS, SECOND BY LOFTUS, TO REQUEST THE CITY COUNCIL TO
REVIEW THE COMMON OWNERSHIP ISSUE AS IT RELATES TO THE
BUILDABILITY OF SUBSTANDARD LOTS WITHIN THE SHORE LAND DISTRICT
AND TO CLARIFY THE "NEST EGG" VERSUS HARDSHIP ISSUES RELATED TO
DEVELOPMENT OF SUBSTANDARD LOTS OF RECORD.
Vote taken signified ayes by Wells, Loftus, Kedrowski, and
Arnold. MOTION CARRIED.
'* ITEM II - JOHN TURNER III - REAR YARD VARIANCE
John Turner, 14137 Shady Beach Trail, stated he is requesting a
2.5 foot east rear yard variance. He was in the process of
building a new home and stated that he had made a measurement
error and the deck was built over the required rear yard setback.
Deb Garross presented the information as per memo of September
20, 1990. This hardshi}? situation was created by an individual
action not the provislons of the Zoning Code. Had the deck been
built as proposed in Building Permit 90-109, no variance would be
needed. Staff recommendation is to deny the 2.5 foot variance
application due to a lack of hardship as defined by the Zoning
Ordinance.
John Turner II, 14432 Waters edge Trail, stated he was responsible
for the measurement error but wanted the Commissioners to know
his son had done everything possible to be within the setbacks.
Comments from the Commissioners concerned the following:
Definition of Hardship, that the individual had made an honest
mistake however, a dangerous precedent could be set if a variance
is granted after a structure has been built, and in the absence
of hardship as defined by City Code.
MOTION BY ARNOLD, SECOND BY WELLS, TO DENY THE 2.5 REAR YARD
VARIANCE FOR 14137 SHADY BEACH TRAIL. RATIONAL BEING THAT NO
HARDSHIP HAS BEEN DEMONSTRATED WITH RESPECT TO THE ZONING
ORDINANCE.
Vote taken signified ayes by Arnold, Wells, and Kedrowski. Nay
by Loftus. MOTION CARRIED.
ITEM III - ROBERT WALTERS - SIDE AND REAR YARD VARIANCE
Robert WaIters, 14407 Waters edge Trail, stated he is requesting a
5 foot south side and a 5 foot rear yard variance to construct a
22 X 24 foot garage. If he built within the setbacks, mature
trees would be lost and the driveway for garage would not be
functional.
Cf /;Ja I /0 @ 0' !CX)fJ,n .
Cl'l"i OF PRIOR LAKE
APfLICATlOO FOR VARIANCE
Applicant: ""S' c::;\,,.,,, ~ ~E. ~ ~
Address: \ L\ \1.\ ~ 01.-1 ~E.~\\ ~"-
Property Owner: __~
Address:
Type of CMnership: Fee X Contract
Consultant/Contractor:
VA..:.t!L - ,?;,fi.
PID' g.~.. / / L/ - 00 ~ .:J.
:ane Phone: L/ Lj 5 - ~ 7'-13
Work Phone: ~~(J -/6l.{s"
. ane Phone:
Work Phone:
Purchase Agreement
PhOne :
Existing Use
of Property:
Proposed Use _
of Property: ~-t\~t.
Legal Description .
of Variance Site: L(S\ \(, '"'~~ ""p>.r f\~' of L()\ \ '\ L ,
\ ~ fEET CON () S A c..eTi COUNT
Variance Requested: !2EAtZ SETg~1<.. ONE Fol2 D&:Jc...
.
R~'b~~\~L-
Present Zoning:
Q) 5"D
jtJ
------
(lTM OF T/iE S~\~
,
~ Over?. L.iNE
Has the applicant previously sought to plat, rezone,
use permit on the subject site or any part of it?
What was requested:
When: Disposition:
Describe the type of inprovements proposed: RE I\r<.. bE~ O~ HoI.lSE:
obtain a~riance or conditional
Yes No
(A)Campleted application form. (B) Filing fee (C)Certified fram abstract firm, names
and addresses of property owners within lOO feet of the exterior bourrlaries of the
subj~~ property. (D)C~plete legal description' Property Identification Number
(PID). (E)Deed restrictions, if applicable. (F)An area map at 1"=200' available
frau the City Engineering Section showing: existing topography, -utilities, lot
boundaries, building easements and soil test data if pertinent within 300 feet.
(G)A parcel map at 1"-20 '-50' showing: '!be site developnent plan, buildings:
parking, loading, access, surface drainage, landscaping and utility service.
oo..y COMPf..ETE APPLICATIONS SHALL BE RE.VUmD BY 'mE PI..ANNm; COMMISSION.
To the best of my know 1 edge the information presented on this form is correct. In
addition~ I have read Section 7.6 of the Prior Zoning OTdinance which specifies
requirenents for variance procedures. I agr pr ide information and follow the
procedures as outlined in the Ordinance.
1"~
Subnitted this S day of SE.pl Itf19
'mIS SPACE IS 'ro BE FILLED
. BY 'mE PI..ANNIN; DIREX::roR
PLANNm.; CDMM!SSIOO _ APPROlED
CITY CXXJOCIL APPEAL _ APJ?ROJID
COIDITIOOS:
L DENIED
_ DENIED
9/t:?o/7^
,
DATE OF HE'..ARIro
Dt\TE OF HE'.AROO
-
-
JJiA :daJ1lttkkJ
Signature of the Planning Director
q !~// 90
Date
SURVt;T PREPARED FOR:
JOHN TURNER]]I'
14141 SHADY BEACH 'fRAt.
PRIOR LAKE. NN, ~37Z
::!
:
J-;;
.,oe ~
.~
~
~
o 20 40
I I
SCALI III FEtT
o ~ .... IIlOI~U_" .-t.
. 0In0tII "" ~ ftluM.
Valley Surveying Co.. Inc.
SUITE 'lO- C I U5670 F'RANtCLIN TRAil.
F"RANKL/N TRAIL Cln'lCf CCNOCH/"IIl,/M
PR'O~ LAKE. NI"'''fSOTA 55372
TELEPHONE 16/l' U7.25"O
~';...'jt'~!' t41.3Z4'
:A :1', ~:"
r I' ..4>
I, .'
il III
\ '{ ; 1, ...,.,. LM " Lor.
, . -f S89ooe'ZI-[
, ,.....
tC .~, .,0 , '. .. .... II ',I -.- 75,96 ___
",.- "t ..aeo.. ":: :;
\ -- 'f' ·
>Ou _ _ __ _ _ _ h _~ I.
\J' \ .... - rnl ~,-
()
~IO
llG"'1
I, \ ': "-; J . .7 ,I 12-
~ \ :~: \ I @
i ~ ~I I I
\ \~. ~ I I "I? I
\.. \oI..r----~
I \~ -~. ~~J ....~ .. '\::: ~ .....
~\ ~ \ I, ;1-,Ol7'9---
· 2 : ' INSgooe'2,.W
I \r' 'I.. -:~ ::----;;v;;Utlt/WI.Dr".........
Ii \ , : : ':'1
'--...'1 I J 'i
I~I ~
r :i?,,~ j
I
r
~i)
~ ~i'v'-'
1\,lO' ~,\!i~lf
f ~~,,~
if_.
- -::ii;:. --= '::'
.....
~ 1,,)'
'I.:()'\' "',, . \
. r .",,'. ,.-
-', ',{,I- ';1" .'
"-:'f-' t.\" ....';1.,-
~\_ ~\ J
'c:'.. ..
.1
,.a~
\:"
;.:~
'S.\l a:.
,_ u1
,lfl \)..
\
DF:SCRIP1'ION:
Lot 16 CONIIOy'g RAY. Scott en'JIlt/. "'1nne.....t:a. And that part ot Lot 17. of ..lel
plat l.tillF, nort.h of the 30uth 10.00 feet of said l.ut 17. Uao ahowln& tile
location of th" prolJOsed house as staked Lhia 1st da.J of ~. 1990.
Note.!
Rench....['k elevstion <lO'J.91J aplk.. in a 30" OIlk tree as ehown on tile
su['v,,:/ drawing
911.0
.
Oenotea ex1sti~ ~ad" elevations
~
Denotes p<'Opos8d flniahed ~ade elevations
-
Oenotea prolJOaed direction ot finieheel aurface dralnage
Set,the p['age ~l.t.b st e~ation 'If,!l()-'
L~~ u-c...... <1 I ~ _ c.:. \
~let the top Block at ele Klon 'H,'"
Tho total are" ~ 8.268 square teet.
11M..., 5//0.190 'Ib __
P'f1POMd _C1HOri. CIa dIraCIW
-_.
I ....., ......, ... "'" ......
was P'IPOrId br /lit ., ....., ""
cIACt 1\lIIWV1IIlIt...... I...
o c:lIfy Ucerwd LAnd ~ .
-- till lows fit ltle ,... fit
~~~ !-.
DDte ~-3 ~ u... NO.....
~
1'rL!:"'. &U,
.. In
"2!...-
L.r.c., '-"-,
B OROOM WI
6ltaL ....
10N
~
OOR
~
~,
",
~
~
~ ~W>
~ \ .....e..o
.. t.-::;
1O.o~ '~ .
I ..
'.
4<.'0
fV 6ft. :
Th ~.
EQ~~ .'Y"~
,0
\0',0"
1"
-t
!t,tQK~c...
MIN. CLEAR WlD1l4
MIN. CLEAR HEIGHT
FT. MIN. OPENING
. MAX. SILL HEIGHT
Dr~,j..JG\ ~
,,-......
Beoecot"'\
;t
tJ.MIl. '1 ta>J"\
.~.......
I
--=--.f. ..,..:r
'MOKE
I> .J>>RECT WIRED.
~~
. .-. ":;,.,.;. .'
.' . .'
~
"
$
~
~
J
, .
HERITAGE
1891
COMMUNITY
1991
WJ.5f)%
2qgl
"VA22PN"
NOTICE OF HEARING
FOR
VARIAN~APPEAL
You are hereby notified that a hearing will be held by the City
Council in the Prior Lake Council Chambers at 4629 Dakota street
S.E. on:
MONDAY, OCTOBER 15, 1990
at
APPROXIMATELY 7:35
P.M.
PURPOSE OF HEARING:
To consider a variance appeal by
John Turner III.
SUBJECT SITE LOCATION:
14137 Shady Beach Trail
Lot 16 and P/O Lot 17, Conroy's Bay
Addition.
REQUESTED ACTION:
The applicant has requested the City
Council review the decision of the
Planning Commission to deny a 2.5'
east rear yard variance for a deck
proposed on the easterly side of a
home. The required rear yard
setback is 25 feet. The proposal is
to locate the deck 22.5 feet from
the east property line. On
September 20, 1990 the Planning
Commission denied this request. The
applicant has appealed the decision
to the City Council for final
consideration.
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 City Council. For more information, contact the Prior
Lake Planning Department at 447-4230.
Prior Lake Planning Department
October 5, 1990
4629 Dakota S1. SE, Prior Lake, Minnesota 55372 I Ph. (612) 447-4230 I Fax (612) 447-4245
October 9, 1990
TO THE PRIOR LAKE CITY COUNCIL:
In Re: Application of John Turner III,
for rear yard variance.
14137 Shady Beach Trail
On October 15, 1990, the Prior Lake City Council will be
asked to act upon my request for a 2.5 foot variance from the
rear yard set back requirement. I feel that my situation is
very unique for several reasons and also feel that a personal
viewing by the council members would be very beneficiary to
get the proper perspective of the request. I will arrange to
be home on Friday, October 12, from 6:00 P.M., to 7:30 P.M.,
and on Saturday from 3:00 P.M., to 5:00 P.M. to allow a
viewing and an explanation to anyone that can make it. I
also will gladly meet at any other time that anyone would
desire to and my number is 445- 9743 (Horne) 890-1645 (work).
My lot is unique in shape with the rear lot line running in a
northwesterly to southeasterly direction. The deck which was
built is also odd shaped because the deck was built to be
parallel to the rear lot line. When my house and deck was
built MFC Builders measured 25 feet west from the northeast
corner and 25 feet west from the southeast corner, with the
deck being built abutting a line strung between those two
points. Everyone involved thought this put me 25 feet from
the rear lot line and no intent existed to violate the rear
lot set-back. However, when the City Inspector measured he
took a measurement at a 900 angle perpendicular from the rear
lot line to the deck and found it to be less than 25 feet.
The deck itself is only l' 4" over the set-back requirement,
but a 2' 6" variance is being requested because the steps
leading down from the deck infringe on the set-back by 2' 6".
If that became a deciding factor I would go with a I' 6"
variance and relocate the lower steps.
Another reason my situation is unique is that my rear lot
does not butt up to any other residential property or City
street. It butts up to a common waterfront area that was
dedicated in the plat of Conroy's Bay. This is a wooded and
October 9, 1990
Page 2
grassy area of more than 100 feet which leaves no one
directly affected.
Still another unique situation is that my neighbor, Joseph
Schaefer, built his house facing north and as a result the
same line that is my rear lot line is his side lot line. His
house is now 10 feet from the same line I am aSking the
variance to be 22.5 feet from. All three of my neighbors,
Joseph Schaefer, William Butler and John , have
consented to my variance as can be seen in the attached
letters.
A fourth uniqueness to my situation is that I, together with
my brother, Kevin Turner, have taken great steps to improve
and upgrade the area. My brother owned 17 fifty foot lots of
Conroy's Bay and reduced them into eight lots of much larger
sizes. Now instead of 17 houses on 50 foot lots, which would
not have required a variance to build on, there are" eight
lots which will hold much larger and more expensive houses.
I personally owned Lots 16, 17 and 18 and split these into my
lot with part of Lot 17 and 18 being added to Lot 19.
These are some of the points I wanted known prior to the
hearing. Some of this can be seen on the accompanying
paperwork but some should be actually viewed to get the
entire picture. !10re will be presented at the hearing
regarding hardship, good faith, precedent setting, etc. I
think from the above you can already see my situation is
unique in several aspects and would not set a precedent
others could follow which seemed to be a great concern of the
planning commission.
Your time and courtesies are appreciated.
C"fours ~y,
lD }Jj 7(/-
'JOhn Turner III
~
~(
I
-/--
l? letS c:
nLAr--J
d2
/l c-
r....:>
/~/ ;O;2t vED
.___ _ ..__ .~_.Jo 0"-_.__
1.A Cl
r~~
I
,
I
J-.V:lTIl["
- ~'iA/ <'Ve<.. c.f'4.Io'(.€, ~f.. ':"'7'-"t, H<<.A
~>'\A~ ')....,~~_'Tt..o~ D.L"r. c..A.
""""'~~ . I'
... -r ';' Q
l
I
~t..o"K~o:...
L~"-
I
.~
~ j
.
3
'"
:'
::-r11'l..JI'~ et":'
,,~l......
I'
i;
\,
1":
.,
"
~
'1 I ~ _, _
f1,M1 L'1 ea:.t'\
L
ti
,!
,,'
.I
t,)
rl
!'
II
f
~ ~
~ !;
r
F.f\E SE;>;,;>AWl10N l
-~ =-;l:EJU,,~
~~"':'2U~~BO I
.~ L r-JCIIJS T"""", . I
GARAG:= ARE bOOR I
SOUo cor.:-SElF ai;'sl>;;; I
;/
p-~
i
I i;f)l)
I I-t'"
I
I
,
v.
I p; t' ,
j t ..', '" ""'- 1,' ~ (,,~ "~ ~~~tL....
-t- ) .}. -
;.., ,
'1' ..
3Z."_.b~
I
\
J~_.
I
I
1- .
~..
I
d,.,_
~
1..40
702-
~_l
~
2
4i-
I. I
I I
1 '
II
!; I
dB
....11
!~1
I
I
I
~
/~
September 5, 1990
To whc:rn it may concern:
This letter is regarding John Turner Ill's application for a variance
for rear setback. I am an adjoining property owner and due to the
large common area behind his house, I have no objections to the
varlance.
LJ~T~
William T. Butler
Owner of Lot 20, pia Lots
19 & 21 Conroys Bay