HomeMy WebLinkAbout8 - Paragon Homes Variance Appeal
j
AGENDA NUMBER:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
DISCUSSION:
HERITAGE
1891
COMMUNITY
1991
18J.5f!J%
2Q91
8
DEB GARROSS, ASSISTANT CITY PLANNER
SECOND CONSIDERATION OF VARIANCE APPEAL FOR
PARAGON HOMES
NOVEMBER 5, 1990
The purpose of this item is to consider a
variance appeal for Paragon Homes, represented
bf Greg Schweich. On October l5, 1990 the
C1ty Council tabled consideration of a 3.35
foot north side yard; 5 foot south side yard;
5 foot front yard; 32 foot lakeshore and 120
square foot minimum lot area variance for Lot
50, Northwood. See attached City Council
minutes minutes dated October 15, 1990 for
details.
Mr. Schweich submitted a revised survey which
is attached. In a letter dated October 31,
1990 Mr. Schweich states that he has met with
neighbors to discuss the revised survey and
that there is basic agreement with the 25 foot
lakeshore variance but some are opposed to the
requested 5 foot west side yard variance. Mr.
Schweich is requesting the City Council to
grant a 25 foot lakeshore, 5 foot west side
yard, 120 square foot minimum lot area and 3
percent lot coverage variances to build a home
as per attached survey.
The Northwood subdivision was platted in 1911
under the jurisdiction of Eagle Creek
Township. It was annexed into the City in
1975. The subject site is a vacant lakeshore
lot approximately 66 feet by 166 feet. It is
zoned R-1/S-D and contains 7,380 square feet.
The subject site is located in a neighborhood
that has a mixture of home styles and values.
Linden Circle, which provides access to the
site, is an unimproved private road that is 30
feet wide. All public utilities are
available. Linden Circle is a private road
and a1thou9h there are no plans to improve the
road at th1s time, it is likely that it will
someday be improved to a public street. Future
improvements would require the street to be
4629 Dakota St. S.E" Prior Lake, Minnesota 55372 / Ph, (612) 447-4230 / Fax (612) 447-4245
ALTERNATIVES:
RECOMMENDATION:
ul?graded to a blacktop surface. A minimum of
fl.ve feet of additional right of way adjacent
to Lot 50 would be necessary for the
improvements. The applicant has requested a
five foot front yard variance. The proposed
home location would not interfere with a
future upgrade of Linden Circle.
The City Council requested that the applicant
submit an alternative plan which would better
fit the limited building envelope of Lot 50.
In addition, the applicant was to discuss the
prol?osa1 with the neighbors and address the
dra1nage issues pertinent to development of
the property. Staff requested that a written
statement related to the drainage issue be
submitted however, as of the date that this
report was written no drainage plan has been
submitted. The proposal has changed little
from the first submittal. This application
shows that no deck is proposed, the home width
has been reduced by two feet, the north side
fireplace has been deleted and the home was
shifted 5 feet toward the 1akeshore. Staff is
concerned that no deck is shown on the survey.
It is quite likely that a future occupant of
the home will desire a deck and a future
variance application will be submitted. If
indeed it is the intent that the home be
setback 50 feet from the 904, the Council
should address the deck issue at this time.
1.
3.
Approve the 25 foot lakeshore,
west side yard, 120 square foot
lot area and 3 percent lot
variances as requested.
Deny the application
reasons.
Approve a buildin9 envelope and variances
as deemed approprl.ate by the Council.
5 foot
minimum
coverage
2.
for
specific
The recommendation from staff is to approve
the variances as requested subject to two
conditions:
1. That a drainage plan for Lot 50 be
submitted, acceptable by staff prior to
the issuance of a building permit. This
is common and standard procedure. A
detailed proposal on drainage is not
necessarr at this stage, however a
recognitl.on that drainage will be a
problem (letter from applicant) will
serve the Council's intent prior to
acting on this application.
ACTION REQUIRED:
2. That a stipulation be made that no patio
doors be placed on the second story of
the building. Staff recommends that it
be made clear at this time that, no
lakeside deck is proposed and that the
building envelope was specifically
established to preclude future variances
for additions toward the lakeshore. This
does not prevent the homeowner from
making application for a future deck
variance, but at least the original
construction will not imply that a deck
was desired at the time the house was
originally constructed.
Depends upon Council discussion.
Minutes of The Prior Lake City Council
October 15, 1990
The next order of business was: Consider Variance Appeal For
John Turner. Councilmember Scott excused herself from the
discussion due to potential conflict of interest. Attorney
Edward Christian addressed the Council and provided information
on behalf of John Turner, Jr. who was out of town and who is the
father of the applicant, John Turner III. Discussion followed.
The applicant, John Turner III also briefly discussed his
position re9arding the request. A short discussion followed
regarding guldelines provided by the City Code.
MOTION MADE BY LARSON, SECONDED BY FITZGERALD, TO ACCEPT THE
RECOMMENDATION OF THE PLANNING COMMISSION TO DENY THE 2.5 FOOT
REAR YARD VARIANCE DUE TO LACK OF DEMONSTRATED HARDSHIP.
Discussion followed regarding possible action by the Legislature
regarding the interpretation of the word hardship as stated in
municipal ordinances.
Upon a vote taken, ayes by Andren, Fitzgerald, Larson, nay by
White, Scott abstained, motion carried.
A short recess was called.
The meeting reconvened at 8:08 p.m.
The next order of business was: Consider Variance Appeal For
Paragon Homes. Owner of Paragon Homes, Greg Schweich, addressed
the Council regarding his appeal of the Planning Commission's
denial of his request for a 3.35 foot north side yard, 5 foot
front yard, 32 foot lakeshore and 120 square foot minimum lot
area variance for Lot 50, Northwood. The following residents
then expressed concern regarding the size of the home, the
variances being applied for, and possible problems with drainage
on Lot 50.
Harry Moudslef
3189 Linden Cl.rcle NW
Dean Sutleff
3162 Linden Circle
Judith James
3147 Linden Circle NW
June Lemke
3201 Linden Circle NW
Extensive discussion occurred re<1arding the requested variances
denied by the Planning Commissl.on and the issue of combining or
separating lots for building purposes.
A short recess was called.
The meeting reconvened at 9:00 p.m.
Further discussion occurred
lot coverage, aesthetics
development on lot 50.
regarding drainage, percentage of
and sitelines of, the proposed
2
Minutes of The Prior Lake City Council
October 15, 1990
Council concurred that the applicant should draw up another
building plan, address the drainage issue, meet with the
nei~hbors and then bring the plan to the Planning Department for
reV1ew who would in turn present it to the City Manager for
placement on the Council Agenda.
Topics discussed under Other Business are as follows:
City Manager Unmacht handed out copies of proposed agendas
for both the Parks Comprehensive Plan Workshop on Saturday,
October 27, and the Business/Office Park Workshop on Monday,
October 29 for discussion or comment.
A discussion occurred regarding Watershed Board positions
which are scheduled to be filled March 1, 1991. Persons who
have already expressed interest are: George Kob1as, Larry
Greenfield, and Jerry Meysembourg.
Staff also briefl~ discussed several miscellaneous items,
i.e., letter to Blll Simpkins, LMC survey, Fish Point Road
opening, and sample ballot.
Mayor Andren reported on the results of her meeting with the
downtown property owners with regard to the proposed downtown
feasibility study.
Council discussed rental property and whether
should explore methods of insurin9 that rental
the city is maintained accordl.ng to code.
instructed to look into drafting an ordinance on
or not they
property in
Staff was
this issue.
The next Council meeting will be Monday, November 5, 1990 at 7:30
p.m.
There being no further business, the meeting
p.m. by general consent of the Council.
adjourned at
!JdY:!fir
M ~an~L
Dee ~l.rc
Recording Secretary
3
C I T Y 0 F P RIO R L A K E
4629 Dakota street S.E.,
Prior Lake, MN 55372
Phone . (612) 447-4230 - FAX' 447-4245
INFORMAL MEMO
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VA85-15: 36' Lat_1 2.2' v, 2' !, 5' Front Yard
VA1989: 5' Side Yard Variance
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VA1983 14.5' Lakeshore
SuaK'CT ~ 'l'E
*PII01 LAKE AlXEXATI0R: 1975 Structure.
built prior to 1975 were .pproved
UDder the jurisdiction of Sprin&
Lake TOV'Dsbip.
NO, 90-217 Book 329 Pege 33
c.e. /1- $"- 90
1J.tUJ PIW fJ6';f1l
INC.
HARRY s. ~OHNSON COMPANYI
170 Welt 79th Str..t. Bloo~lngton. MN 55420
Phone (B1~ 88.-53.1
LOT CERTIFICATE
for: PARAGON HOMES
Scale: 1 inch 30 feet
LEGEND
. Corner Found
o Corner Set
o Hub Set
904 Ex1st1ng Contour
x925.3 Spot
Elelf!lt1on
NOTES
1) Benchmark is top nut
of hydrant shown on
dr!lw1ng. Elelf.-925.97
2) Are!l of lot 1s 7.3BO
Square Feet. Area of
house with garage is
1. B22 Square Feet.
representing 25X
cOlfer age of lot.
3) Bearings shown !Ire
based on an assumed
datum,
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1 hereby cert1fy that this is a true and correct representation of !I
surlfey of the boundaries of:
Lot 50. NORTHWOOD. !lccord ing to the recorded p l8t thereof. Scot t
County. Minnesota.
under my direct supervision this t$fl, day of
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County, HinnesotJ.
As J'JI'Vcyed l1y m,~ or under my direct supervision this 3/ day
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October 30. 1990
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PRIOR LAKE CITY COUNCIL
PRIOR LAKE CITY HALL
4629 Dakota Street
Prior Lake. MN. 55372
Dear Council Members.
This letter lS in reference to Councll actlon pending concernlng the
appllcatlon for variances for construction on Lot 50. in the Clty aT Prior
Lake. by Paragon Homes.
At the City Counc.ll meeT~.in<::..( on l.Jctobel 'j'jt.h. C,(~() '113nY'Yt tn,:" Ill'" :;-',':'21'"
nt~lj;fhbOl:.s appeared t() VCi.lC:~ t*t"lelr l,:-tb:el:-'t~:"'~:ln.'~~ L(,) ri"-~ .1:?E:,I.l.,::tnl~~.t;~: '-:'_~ \."::!!: =:11'~;
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>(~';<I;i;-!<..: :jl,,) ,oJ ':}.,~',.Ln':I "."f,l\..F.:n simiL.3T \lar.lanc'(::--.~,.. .:.il1:j the l:Jl'Eindf-.::-jt,her€..d l.:)t .L;'>lze
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\1}~) '-:-Cliltl.nU(:~ r",:c,l ctl~:-;,~Cfrt~f~: \"Jit.h f:='<"1.t:.3.::j.-:)n c.n -;~l.l ~:rlt-:?ir oc)int,~-?.. spe-=if:L.;::al.1y th~?
::=,t:atelnent. t..h!'lt~ othel' >'.?81'J..gnCE!.'O'. were allowed on a,j:Jacent properties. and
ti"le bUll.dabl,:;-, natur,c;; of "Al~L" ~frandf.3.thE'le,j ::'(, ft. lots. Paragon may have
the right to bUlld a structure on the lot In question. however it should
t)e den.Lec! v..~rJ.'.3nces under "ANY" Cl:t'cumstances. The allowance of' varlanCE~c'>
would be contrary to the restrlctlons of curreflt Lakeshore Management and
thelL deslre to combLne substandard 50 ft. lots.
ria ',3 (?
WiLh respect to the
property, It is our
granted in any case
preVlous lssuance of variances on another nelghborhood
understanainq that the varlances would have DeeD
due to the unusual placement oE the water and sewer
system on tt~e iake Sloe elf ttle Flroperty. Ad]8Cel1t properties ~~ast ot lCit
50. were required to redeslgn and/or flip the2t hOllse plans to dccomcldat~
PlannIng CommIss1on requirements.
When the lakeshore lo~s were plotted, some 70 odd years ago, future
ne1ghborhood or bUlldina stvles were riot taken In~a consIderation. At that
time only cablllS were belng (~onstructed~ and marty of those were no Jar'?01:
than 24' X 24' In SIze.
C e r- t. a. 1 n 1 y n () 1:: t '-:1,:-' 1. .4. 1" '~r .== f l,~) .1 .~? ~) (J f t
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l. '~l.r..~ ,I:s. 'i' ~-l e s rn a -1 1. ~~~ r () r t. ['t E:> 1_ ''/>1 C, 1. () t. S .
i.Clt ~l(r. (;,l.,j,~:". ~__h>.;~n r)Ull.:::'I-:.1~3€.:.."j t'l~.'" ~'.~=tl .:::1'~l()n H<)f((t9E:r.
Wlttl ttlelr expe,rlenj:~0 1ll
t"){J1.1di..n'~i In t:.ilt,s:. c:;,c)rnrni.Jriity. Pai..a\~1CJn Helme.s r)ur.::-has:.ed t.h.i.E:. l()t j'~no::..){H1.n(~ :fu.l.i
we.Ll It wCluld t-equlr'F! fJve VB1"1811Ces t.~ bUl).d t~le hOtlSe It wanted to
bUlld. No consideration was given to any neighborhood input nor was any
ceslstance expected bv the neJghborhood or the Plannlng Commlss10n.
It lS interesting to note that no representation has been made on behalf
of the adJacent property, lot 49, owned by the Gensmer group. It would
suggest that they are letting Paragon take the heat in the neighborhood
and on the Planning Commission/Council actions. If Paragon Homes 1S
successful in the granting of required variances. then Gensmer can submit
a building plan and variance request of his own that would be difficult to
deny due to the allowance of variances on the adjacent property.
The Planning Commission staff studied the variance requests and suggested
the Commission allow all the variances. Considering the opposition and
reluctance of the Planning Commission to allow all five. or for that
matter any of the variances, it suggests a lack of continuity between the
attitudes of the Planning Commissioners and its Staff.
page ~:s
The Prlor L3ke City Council now has the opportunlty to establlsh once and
for all the bUilding and density requirements. by ordinance. required to
build w'1.t.h.in the City and specJ..fically on t.he lakesh'.:Jre of Prior Lake.
We hope the Councll will rule sustaining the ordlnances and adopt a
position to support the comblnlng of these substandard 50 ft. lots to
maintain an uncluttered. spacious neighborhood setting.
Thank you for your consideratlon.
Sincerely.
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Barry and Treva James
Herb and June Lemke
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Harry and Leslie Maudsley
Rich and Sheryl Wilfong
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Peter Kuehn
Cal and Marge EllS
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Bill and Misty Lindstrom
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