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HomeMy WebLinkAbout4. - Lanford Adler Variance Appeal I ~ AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: HERITAGE 1891 COMMUNITY 1991 WJ$K 2Q91 4 DEB GARROSS, ASSISTANT CITY PLANNER CONSIDER VARIANCE APPEAL BY LANFORD ADLER NOVEMBER 5, 1990 The purpose of this item is to consider a variance appeal for Lanford Adler of 16640 Inguadona Beach Circle. On October 4, 1990 the Planning Commission approved a 20 foot lakeshore and 2 foot north side yard variance for the applicant but denied an 8.5' south side yard variance. See attached Planning Commission minutes for details. Mr. Adler submitted a written appeal to the City on October 11, 1990 requesting that the City council review the decision of the Planning Commission to deny the 8.5 foot south side yard variance. The applicant is requesting the City Council to approve an 8.5 foot south side yard variance for a deck addition. The deck was built without a permit from the City of Prior Lake. The applicant was given the opportunity to remove the deck or apply for the necessary variances from the Planning Commission. The applicant claims that a pre-existin9 deck was removed and replaced with the existl.ng deck. The single family home was built in 1971 under the jurisdiction of sprin9 Lake Township. Inguadona Beach was annexed l.nto the city of Prior Lake in 1973. The only building permit on file issued by the City was a garage permit issued in 1983. There is no record of an original building permit for the structure located on Lot 2, Inguadona Beach. Lot 2 contains approximately 8,896 square feet and slopes dramatically from Inguadona Beach Circle to the lake of Prior Lake. Topography maps indicate a change in elevation from approximately 930 to 904 which equates to a 19% slope for Lot 2. The home constructed on the lot is a two story walk out. A retaining wall has been constructed along the southerly property line. The northerly part of the deck 4629 Dakota St. S.E" Prior Lake, Minnesota 55372 I Ph, (612) 447-4230 I Fax (612) 447-4245 F is situated at the walk out elevation. The southerly deck is a second story deck that walks out from a sliding glass door. A series of stairs have been built to connect the lower level deck area to the waterfront. There is a 20 foot parcel located immediately to the north of Lot 2 that is a dedicated driveway for use of the respective owners of land within the Inguadona Beach Subdivision. Lot 3 is vacant and is utilized as back lot access for the propertr owners within the Inguadona Beach Subdivisl.on. The lot to the south is developed with an older cabin which according to the applicant, is used ~or a few months over the summer. The cabin is located further from the lakeshore than the home on Lot 2. DISCUSSION: The site is zoned R-1 Urban Residential and S-D Shoreland District. The required setbacks are 75 feet from the 904 contour and 10 feet from each side yard. The lot coverage of the home and deck is approximately 22% percent. The home was built on the lot at an orientation which is parallel to the shoreline. This orientation is logical when one considers the physical elements of the lot. However, the skewed orientation makes it difficult to work within the setback parameters required by the Zoning Ordinance. The lot is substandard in size and the City Council is forced to work with a structure that was approved under another government jurisdiction. A second consideration concerns the process by which the new deck was built. No building permit was applied for prior to the erection of the deck. If the proper procedure had been followed, the applicant would have been advised of the setback requirements and no expenditure of materials and time would have occurred prior to the variance hearing. In effect, the applicant has created a hardship upon himself. The recommendation from the Planning Commission was to approve the 2 foot north side yard and 20 foot 1akeshore variance for the deck. However, the 8.5 foot south side yard variance should be denied. The property to the south is an older cabin and will likely ALTERNATIVES: RECOMMENDATION: ACTION REQUIRED: be renovated or replaced with future home construction. The Planning Commission felt that the I?roposed encroachment would be a ne9ative 1nfluence on development of the adJacent lot. The Planning Commission has not tended to grant more than five foot side yard variances for substandard lots when a hardship is demonstrated. Hardship justification can be found due to substandard lot size and the fact that the five foot home setback was approved by a former government. The variances granted by the Planning Commission would not allow the deck to be located closer to the side yard property lines than the existing non-conforming setback of the single family home. A five foot south side yard variance would allow the applicant use of his l?roperty and deck without compromising the 1ntent of the Prior Lake Zoning Ordinance. The Planning Commission also discussed the negative impacts of allowing such a substantial staircase to be located on the side yard prol?erty line. However, after further discuss1on, the Commission decided not to pursue a setback requirement for the stairs because no established regulation is currently identified by the Zoning Code. 1. 2. 3. Uphold the decision of Commission to deny the side variance but to setback for the deck. Grant the 8.5 foot requested. Table the item for further information. the Planning 8.5 foot south allow a 5 foot variance as Alternative #1. A motion would be in order depending upon discussion by the City Council. October 11, 1990 Mr. Dave Unmacht City Manager City of Prior Lake 4629 Dakota St. S.E. Prior Lake, MN 55372 Dear Mr. Unmacht: This letter is to request an ooportunity to appeal the decision made by the planning commission at October 4th's meeting. I wou 1 d 1 i ke to thank the commi ss i on for the concess ions made regarding the 20-foot lakeshore and the 2-foot northside variances for my deck addition. Th is appea 1 is in reference to the 8. 5-foot south side var 1 ance that the commi ss i on den i ed. I intend to have Parke r Su rveyors return to verify the survey. The lot is substandard in size and the skewed orientatlon makes lt difflcult to work within the parame~ers required by the Zoning Ordinance. The aesthet1c value of my home would be greatly affected should I have to remove 3 1/2 feet of the upper deck. For these reasons, I wou 1 d 1 i ke to be put on the Agenda for November 5th's meeting to present my case. Sincerely, Lanford L. Adler 16640 Inguadona Beach Circle Lot #2 Pri~r Lake, MN 55372 447-6512 (h) 447-9900 (w) HERITAGE 1891 COMMUNITY 1991 CUTJsrJ-% 2qJf PLANNING COMMISSION MINUTES OCTOBER 4, 1990 The October 4, 1990 Planning commission Meeting was called to order by Chairman Kedrowski at 7:30 P.M. Those present were Commissioners Loftus, Arnold, Kedrowski, Wells, Roseth, Assistant City Planner Deb Garross, and Secretary Rita Schewe. ITEM I - REVIEW MINUTES OF PREVIOUS MEETING Corrections made to the minutes are as follows: Page two, paragraph one, fourth line, insert the word "the" between deteriorate and neighborhood; Page two, paragraph four, line two, change the word "excessive" to "several"; Page two, paragraph four, line ten, change the word "can" to "had". Also add the statement "that no comments were received from the DNR on the Paragon Homes variance request." MOTION BY ARNOLD, SECOND BY LOFTUS, TO APPROVE THE MINUTES AS CORRECTED. Vote taken si9nified ayes by Kedrowski, Loftus, Arnold, and Wells. Comml.ssioner Roseth abstained as he was not present at the September 20, 1990, meeting. ITEM II - LANGFORD ADLER - LAKESHORE AND SIDE YARD VARIANCE Chairman Kedrowski stated that due to business dealings with applicant throu9h the Lions Club, he would turn the meeting to Vice Chalr, commissioner Arnold and abstain from discussion and voting on the variance request. Langford Adler, 16640 Inguadona Beach Circle, stated that he was requesting a 20 foot lakeshore, 2 foot north side yard and 8.5 foot south side yard variance for an existing deck addition to his home. Mr. Adler stated that he was not aware that a building permit was needed to replace a deck and that his contractor had failed to get the required permits prior to building the deck. the over any Deb Garross presented the information as per memo of October 4, 1990. The lot is a substandard lot and the single family home was built under the jurisdiction of Spring Lake Township. A new building permit for the deck cannot be issued by staff unless the Planning Commission grants variances for the structure. There are no building permits on file for the home or deck therefore 4629 Dakota St. S.E, Prior lake, Minnesota 55372 I Ph. (612) 447.4230 I Fax (612) 4474245 PLANNING COMMISSION MEETING OCTOBER 4, 1990 PAGE 2 the Planning Commission must deal with situation as if it were a 1e<1a1 non conforming structure. Had the applicant applied for a bUllding permit before constructing the deck, he would have been advised of the setback requirements and the expenditure of time and materials would not have occurred. Therefore the financial hardship was created by the actions of the applicant. The recommendation of staff is to approve the 2 foot north side yard and 20 foot 1akeshore variance and to deny the 8.5 foot south side yard variance. Staff would not object to a 5 foot south side yard variance. The variances could be justified considering the substandard lot size and area and that the side yard variances would not allow the deck to encroach closer to the property lines than the existing non conforming home. No comments were received from DNR with regard to this variance application. Georgene Blackwell, Sacremento, CA, stated that she owns the property to the south and was not against the deck but was concerned about drainage from the applicant's property. Comments from the Commissioners concerned responsibility to uphold the code, the deck was considered to be too large, the proposed south side variance seems excessive and there was general agreement with the staff recommendation. A motion was made by Commissioner Loftus, and seconded by Commissioner Roseth. Discussion followed concerning the location of the steps on the property line and if the Commissioners should require the steps to be moved in conjunction with removal of part of the deck. The motion was withdrawn by the maker and seconder to solicit further information from the public. After discussion on the steps it was decided that they are not specifically regulated in the code and that it would not be proper to restrict the location of the staircase at this time. The consensus of the Commissioners was that staff should research this issue and that the Zoning Code should include standards for stairway size and setbacks. MOTION BY LOFTUS, SECOND BY ROSETH, TO APPROVE FOR 16640 INGUADONA BEACH CIRCLE, A 20 FOOT LAKESHORE VARIANCE, 2 FOOT NORTH SIDE VARIANCE, AND A 5 FOOT SOUTH SIDE VARIANCE FOR A DECK ADDITION. RATIONALE BEING IT IS A SUBSTANDARD LOT, THE SIDE YARD VARIANCES GRANTED WILL NOT ALLOW THE DECK TO ENCROACH FURTHER INTO THE SETBACKS THAN THE EXISTING SINGLE FAMILY HOME. THE LAKESHORE VARIANCE IS SIMILAR TO OTHER VARIANCES THAT HAVE BEEN GRANTED IN THE INGUADONA BEACH NEIGHBORHOOD AND THAT THE VARIANCES AS APPROVED, WOULD NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE OF THE COMMUNITY. Vote taken signified ayes by Loftus, Roseth, Arnold, and Wells. MOTION CARRIED. 1'/ J 0/ '1 (j @ 1: 3 CJ ? "... PID.~~i~.o CI'lY OF PRIOR LAKE APPLICATION FOR VARIANCE ~;;~t: t/~I"t,!JU /-.I1ff;~~;W)/l w/1t;'/I Cfl\ Property Owner: /;,' A ~/ /" hkkess: ~/.7/'l~ Type of CNnership: Fee Contract X Consultant/Contractor: -- FI<.:rIJ/? Y c vAl .5T: - I Bane Phone: /LP- 7 ~ ..s- / "2- Work Phone: "7 f' 'j' ~ 0 Hane Phone: Work Phone: Purchase Agreement Phone: UAJ~cwN Existing Use of Property: <)1;1J6L[- rAm /1.. Y' ttomc Proposed Use of Property: 'ArtJ2_ Legal Description '..-1 .2 of Variance Site: L 0'1 d ,-lnC/I /(,I(J.r~/"/ c wrY' j, ) J Variance Requested: d Q I / Q II ~jA 11( fJ V;1 (( ,. (' rV('i ,>: Present Zoning: :<-/lsD I l? ~ / 5v;/11 5101 Y/1({{ d 'A/Offl) I .~,' I". << . I.' : ~ Has the awlicant previously sought to plat, rezone, obtain a Xriance or concUtionalu1', // use pennit on the subject site or any part of it? _Yes No What was requested: When: Disposition: Descr ibe the type of inprovements proposed: &_'1. A-klh~ . SUBMISSION RIDUIREMEm'S: (A)Campleted application form. (B) Filing fee (C) Certified fran abstract firm, names and addresses of property owners within 100 feet of the exterior boundaries of the subject property. (D)Camplete legal description & Property Identification Number (pro). (E)Deed restrictions, if applicable. (F)An area map at 1 "=200' available fram 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: 'Ihe site developnent plan, buildings: parking, loading, access, surface drainage, landscaping and utility service. OOLY a:>MPLETE APPLICATIONS SHALL BE REVIEWED BY '!HE PLANNm:; CDMMISSION. To the best of my 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 information and follow the procedures as outlined in the Ordinance. . 171- c#\ Applicants Signature Subnitted this .!Lday of ~':>' 19--Zv ~~~~~ Fee ers Signature . '.. ......... - Signature of the Planning Director Date PARKBR LAND SURVEYING 15567 Fish Point Road Prior Lake, Hn, 55372 SCALB 1- = 30' SURVBY POR: LANNY ADLER LEGAL DESCRIPTION. Lot 2, INGUAOONA BEACH, according to the recorded plat thereof, Scott County, Minnesota, CERTXFICATION. I hereby certify that this survey was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the Laws of the State of Minnesota. .A-,..Ilh ~ k~ SaMuel G, Parker, R,L,S. Lie, No, 10535 " \, ?~\O~ \~ \~ \..~~~ \~ 'I; Date: Auqust 22, 1990 I I L ---- \ ,\0"".'" Ki,h W..... - _ _; i. \ \ I I ~""" \ ~~ \ ~~ \ '----- ~ \ '----- ........ ~ \ \ L_- o ... o o d:i ..... 2,0 1-- 0\ ~ \ \ 5\ ~\ \ \ \ \ \ 2.0 \ <( :z o o ,c:( =' \!) :z ~ ~ o V HERITAGE 1891 COMMUNITY 1991 rffJ.5fJJV 2Q9f NOTICE OF HEARING FOR SIDE YARD AND LAKESHORE VARIANCE 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, NOVEMBER 5, 1990 PURPOSE OF HEARING: at APPROXIMATELY 7:35 P.M. To consider a variance appeal for Lanford Adler. SUBJECT SITE LOCATION: 16640 Inguadona Beach Circle Lot 2, Inguadona Beach The applicant is requesting the Prior Lake City Council to grant grant several variances for a deck attached to the westerly side of an existing home. The applicant requests a 20 foot lakeshore variance from the 75 foot setback requirement; a 2' north side yard and 8.5' south side yard variance from the 10' foot side yard setback requirement. On October 4, 1990, the Planning Commission approved the 20' lakeshore and 2' north side yard variance and a 5' instead of an 8.5' south side yard variance. Mr. Adler is ap~ea1ing the decision of the Plann1ng Commission and requests that the City Council grant an 8.5' south side yard variance. 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. REQUESTED ACTION: Prior Lake Planning Commission October 29, 1990 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph, (612) 447-4230 / Fax (612) 447-4245