HomeMy WebLinkAbout8 - Von Drashek Variance
AGENDA NUMBER:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
8
DEB GARROSS, ASSISTANT CITY PLANNER
CONSIDER VARIANCE AND ADMINISTRATIVE
APPLICATION FOR BARBARA VON DRASHEK
APRIL 16, 1990
PLAT
The purpose of this item is to consider a
variance and administrative land division
application for Barbara S. Von Drashek. The
subject site is located on the southeast
corner of the intersection of Shady Beach
Trail and Orchard Trail. See attached maps
and information for further reference to this
item.
This application was reviewed accordin9 to
section 6-1-3 Administrative Land Di~lsion
process outlined in the Subdivision Ordinance.
Proposed Tract Band C, do not meet
lot location requirements identified in
Section 6-6-4 of the Subdivision Ordinance
which require all new lots to contain frontage
on a publicly dedicated street. Because the
application requires consideration of a
variance to section 6-6-4, this administrative
land division must be reviewed by the City
Council.
The subject site consists of 30,680 square
feet and is zoned R-1 Urban Residential and
S-D Shoreland District. The applicant wishes
to divide the property into two buildable
parcels as per attached survey. Tract A is
the northerly parcel which is proposed to
contain 14,848 square feet and 140 feet of
frontage on Shady Beach Trail. Tracts Band C
are proposed to be combined into the second
buildable parcel containing 15,832 square feet
and is proposed to be 89.96 feet in width.
The reason that Tract B and Tract C are shown
as separate rather than combined into one
tract was to simplify the property
descriptions on the survey. The parcel which
constitutes Tract C had existed as a separate
legal description in the original property
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
abstract. Valley Engineering
represent the legal description as a
tract in order to simplify the
description.
chose to
separate
survey
DISCUSSION:
The City of Prior Lake has a perpetual
easement for public roadway, sewer, water and
storm sewer over Orchard Trail up to the
westerly property line of proposed Tract B.
The City has plowed beyond the west property
line up to the existing cabin however, the
easterly 40.09 feet of Orchard Trail is not
public. There are utilities available for
each parcel, however, due to the existence of
a deep sewer line in Tract A, the City will
require that a twenty foot easement be granted
over the westerly 20 feet of Tract A.
Engineering staff are prepared to provide the
necessary documentation to the property owner
for signature.
The proposed administrative land division is
consistent with the requirements of the Zoning
and Subdivision Ordinances with the exception
of the requirement concerning frontage on a
public road. The diagonal shape created by
the proposed southeasterly line of Tract A is
an odd configuration however, it is not
inconsistent with existing development
patterns in this neighborhood. Furthermore,
the Subdivision Ordinance requires that side
lot lines be at approximately right angles to
straight street lines but makes no mention of
the configuration of front and rear property
lines.
The 40.09 foot protrusion of that part of
Orchard Trail is private and serves as a
driveway to the cabin located on Tract B.
For all intense purposes, the 40.09 foot strip
should be considered as part of the
development plan for the parcel known as Tract
Band C. The parcel configuration has existed
in its current form for many years. The
property description does contain private
easements for road access over the entire
extent of Orchard Trail and the access located
on the easterly side of Tracts A and B. Staff
has no objection to the property lines as
proposed.
The park dedication fee for this property has
been calculated based on the 10% dedication
COMPREHENSIVE
PLAN IMPACT:
ALTERNATIVES:
RECOMMENDATION:
ACTION REQUIRED:
of $6,000
.70 acres
fee is
requirement and a raw land value
dollars per acre. The site contains
and the required park dedication
$422.00 dollars.
This area is designated as Low Density
Residential Use in the Comprehensive Land Use
Plan. The proposal is consistent with the
objectives of the Comprehensive Plan.
1. Approve the variance and administrative
land division as proposed.
2. Deny the a~plications for specific reasons.
3. Table the 1tem for further analysis.
The recommendation from staff is to ap~rove
the administrative land division and var1ance
contingent upon the following conditions:
1. Payment of the $422.00 dollar park
dedication fee.
2. That the property owner grant the City of
Prior Lake an easement for road and
utility purposes over the westerly twenty
feet of Tract A.
A motion is in order based upon the decision
of the City Council concerning the variance
and administrative plat applications.
8-1-1
8-1-3
CHAPTER 1
GENERAL PROVISIONS
SECTION:
8-1-1 :
8-1-2:
8-1-3:
8-1-4:
TIlle
Purpose
Administrative Plat
Compliance
8-1-1 :
TITLE: These regulations shall be known and may be cited as the
Prior Lake Subdivision TItle.
8-1-2: PURPOSE: The process of dividing or subdividing land Into home sites,
or parcels for other uses, Is one of the most l/TlXlrtant factors In the
growth of Prior Lake. Few activities have a more lasting effect upon the City',
appearance, environment and general public lfTl)ression. Once the land has been
subdivided and streets, homes and other general Improvements completed, the basic
character of this permanent addition to the community becomes firmly established.
When the developer has completed the subdivision process and Improvements are
Installed, It becomes the City's responsibility to maintain the streets and roads and
provide various other public services. As a result, the weKare of the entire community Is
affected In many important respects. This Chapter is therefore adopted to establish
minimum standards to aid developers and the general public and to ensure that
subdivisions are conceived, and designed to contribute toward an attractive,
wholesome, orderly and safe community. The right to develop should not be taken
lightly. The goal Is to view the development process as an obligation to contribute an
attractive, stable, and safe subdivision for future owners and moreover, lor the existing
residents of Prior Lake. (Ord. 87.10, 8-17-87)
(A) The division will not result In more than three (3) parcels.
(8) The property to be subdivided was a lot 01 record In the office of the County
Recorder of Scott County prior to March 18, 1974, or Is a lot which Is part 01 a
plat which has been legally recorded with Scott County.
III
6-1-3
6-1-4
(C)
All newly created lots must meet the minimum standards of the Zoning District
In which they are located and the resulting parcels must generally conform to
the shape and area of existing or anticipated land subdivisions In the
surrounding areas.
(0)
The division will not cause any structure on the land to be in violation of the
Zoning Ordinance.
Any easements which may be required by the City must be granted.
The owners 01 land contiguous to the parcel must be notified In writing and no
written objection received within ten (10) days following notification.
Appeals: Any written objection shall constitute an appeal. Such an objection
shall be forwarded to the City Council who shall hear the objection and decide
the matter. Prior to making a decision the Council may request the Planning
Commission to rovlew the matter and make recommendations.
(E)
(F)
(G)
(H)
Variances filed with an administrative land division may be cons~red_tn'..1h~__
City Council, without prior review by the Planning Commission, provided a
hearing Is conducted by the City Council. (Ord. 88-23, 12-19-88)
6-1-4: COMPLIANCE: Except as provided in Section 8-1-3, no land shall be
platted, subdivided, rearranged. developed or Improved In any way
which is not in conformity with these regulations. All subdivisions of land hereafter
submitted for approval shall fully COfTl)ly, in all respects, with the regulations set forth
herein. (Ord. 87-10, 8-17-87)
set
6-6-2
6-6-4
M) lots to arterials. Unless unique circumstances dictate otherwise, access to
arterials shall be at intervals of not 1e88 than five-tenths (.5) of a mile and through
existing and established crossroads.
In the platting of tracts of land that abut on arterial streets where there is no
access to existing entrances, a temporary access point may be granted by the
City. Provisions in such plats shall be made for the future connection to streets
over neighboring land. As the neighboring land is platted and/or developed, and
access becomes possible at the preferred location, such temporary entrance
permits shall become void.
(N) Alleys: Alleys shall not be permitted by the City.
6-6-3:
BLOCKS: Blocks shall ordinarily not exceed one thousand feet (1,000')
in length. Where it is necessary for blocks to exceed this length.
pedestrian ways and/or easements may be required near the center of
the block.
6-6-4:
LOTS:
(A) Location: All lots shall have frontage on a publicly dedicated street or a street
that has received legal status except that lots in planned unit developments
may have frontage on a private road or street. Frontage on a street shall be
measured at the setback line.
(B) Size: The lot dimensions and areas shall comply with requirements specified
in the Prior Lake Zoning Ordinance.
(C) Side Lot Lines: Side lot lines shall be approximately at right angles to straight
street lines or radial to curved street lines.
(0) Oouble Frontage lots: Oouble frontage lots shall be avoided except where lots
back on an arterial or collector street.
(E) Corner Lots: Corner lots for residential use shall exceed the minimum width
and area requirement for that district by twenty percent (20%).
(F) Watercourses: Any lot abuning or including a wetland, watercourse or marsh
shall have at least fifty percent (50%) of the minimum lot size for that district
as found in that Zoning Ordinance outside of the above referenced netural
features.
(G) Lot Remnants: All remnants of lots below minimum size remaining after
subdivision of a larger tract must be addad to adjacent lots rather than allowed
to remain as unusable parcels.
(H) Butt Lots: Butt lots in residential districts shall be platted at least twenty percent
(20%) wider than the minimum width for that district.
1117
-SPLIT-
pIDI
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AIJUNISTRATIVE LAND DIVISIOO
APEt.ICATICfi mHo!
l:S:>~:>:>
Phone: 602-471-7356
phone: 602-471-735~
-
Property Owner: Barbara S. Van Drashek
Address: 19101 Via Esquina, R10 Verde, AL
Applicant: Stanlev Von Orashek
Address: 19101 ia ESqUl na, R10 Verde, AL
l:S:>~:>:>
Name of &1rveyor:
David Ryan
Phone: 612-447-2570
Bas the Applicant previously sought to plat, rezone, obtain a variance or
conditional use permit on the subject site or arrj part of it:
No X Yes_ What was requested:
~en:
SUBMISSlOO RmUIREMEm'S:
, A. Canpleted application form and Property Identification R1Jtj:)er (PID).
""'B. Canplete Legal description of existing and proposed parcels.
C. Filing fee. ~ -
"'D. &1rvey prepared by a qual ified person who is a registered land
surveyor in the state of Minnesota.
~. 15 copies of the application, survey and supporting data and 1 set
reduced to 11- X 17-.
~. Total square footage and or acreage of existing and proposed parcels.
G. Names and addresses of owners who own property contiguous to the
subject site.
OOLY roMPLETE APPLICATIOOS SHALL BE ACu:;Y.L'w roR REmm.
To the best of II!{ knowledge the information presented on this form is correct.
In addition, I have read Section 6-1-3 of the prior Lake Subdivision Ordinance
which specifies the requirements and procedures for Administrative Plats. I
agree to provide information and follow the procedures an outlined.
'X .~d"'1 C. 1&;b"'-.;.../jj/1A-- /1 ;ff"
Applica'nts Signatute t8te
~ ~~'<hL}ci)<-c. ;:;, UUl\tD~~e...k };~ /j /f~ ()
ee Owners Signature t8te
'!HIS SEx:'l'IOO ro BE FILLED IN BY '!HE l'L1\NNIOO DIRB:'roR
DISPOSITIOO OF APPLICATION: APPROJm DENIED
cm COUlCIL (APPEAL) APPROJED IENIED
IlI\TE
IlI\TE OF HF.ARIK;
OONDITIOOS :
-
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Signature of the planning Director
t8te
CIT'l OF PRIOR LA!E
APPLlCATIOO FOR VARIANCE
Applicant: Stanley Von Drashek
Address: 19101 Vla Esqulna, Kl0 Verde, AZ 85255
Property Owner! Barbara Yon Urashek
Address:l~10 Via Esquina, Rio Verde, AZ 85255
Type of CMnership: Fee X Contract
Consultant/Contractor:Luanne Loraas/David Ryan
'fl3Q...- J12
PIDt 33-930047-0
3~-q3o -()4./{. . t,)
Bane Phone:
Work Phone:
Bane Phone I
Work Phone:
Purchase Agreenent see attached deed
PhOnel~~~-927-8615/~~'~'~'~
-447-2570
602-471-7356
602-471-7356
Existi.ng Use
of Property: lake cabin
Proposed Use
of Property: Proposed Single-Family Home
Legal Description
of Variance Site: see attached deed
Present Zoning: R 1 SO
Variance Requested: Subdivision Ordinance 6-6-~(A)-w~ivins frontEl~~ on e f!g~~ic
Zoninc Ordinance 9.3A.2-2600 Sq. ft. lot size verlence
Bas the awlicant previous1y sought to plat, rezone, obtain \var~ or coooitional
use permit on the subject site or arrt part of it? Yes
What was requested:
When: Disposition:
Oeser ibe the type of iItprwements proposed: N/ A
SUBMISSIOO RIDUlREMENl'S:
(A)Canpleted aw1ication form. (B) Filing fee (C) Certified fram abstract firm, names
and addresses of property owners within 100 feet of the exterior bourdaries of the
subject property. (D)Camplete legal description' Property Identification Number
(PID). (E)Oeed restrictions, if applicable. (F)An area map at 1-.200' available
fram the City Engineering Section showing: existing topography, utilities, lot
bourmries, building easements and soil test data if pertinent within 300 feet.
(G)A parcel map at 1--20'-50' showing: The site developuent plan, buildings:
parking, loading, access, surface drainage, larxlscaping and utility service.
CH,Y COMPLETE APPLlCATIOOS SHALL BE RFNIBm> BY '!BE PLANNIN:; CDMMISSIOO.
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 .pr'f,ide infonnation aOO foll~ ~
procedures as outlined in the Ordinance. X ~~}~ (;~) !/v~ ir-~~
jr/ /h, ~~ , Applicants SigJiature
Sutmittedthis.:..!....dayof 'II~ 191.9 XC\_., L . I ("~ l- 1\ _ ~l\ (
_ ~.)..)!:JQ().JLO'" ~ , _ )0.'\ ~)~~ ~ ~_~
Fee Owners Signature
'!HIS SPACE IS 'ro BE FILLED OOT BY '!HE PLANNOO DIRfrroR
PLANNOO <DMM!SSIOO
CI'lY C()tKIL APPEAL
<DM>ITICNS:
APPROlID
APPROJm
DENIm
DENIm
IW1'E OF BF'.AROO
n.\TE OF BE'oAROO
..----. .0
Signature of the Planning Director
Date
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CENSUS '90
.
NOTICE OF HEARING
FOR
VARIANCE APPLICATION
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, APRIL 16, 1990
PURPOSE OF HEARING:
at
APPROXIMATELY 7:45
P.M.
To consider a variance application
for Barbara Von Drashek for the
property located at 14207 Shady
Beach Trail.
SUBJECT SITE LOCATION:
The parcel is located at the
southeast corner of the intersection
of Shady Beach Trail and Orchard
Trail. (See attached survey for
details).
The applicant is requesting
variances from sections of the
Zoning and Subdivision Ordinances in
order to divide one parcel into two
lots. The site consists of 30,680
square feet and the proposal is to
divide the property into Tracts A
and B as per attached survey.
In order to divide the lots as
proposed, the applicant must receive
approval of a variance from
Subdivision Ordinance 87-10 and
Zoning Ordinance 83-6 to allow a lot
to be created with less than 90 feet
of frontage on a public road.
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 City Council
April 2, 1990
4629 Dakota St. S.E., Prior Lake. Minnesota 55372 I Ph, (612) 4474230 I Fax (612) 447-4245
CENSUS '90
.
lAP02PN"
NOTICE OF PROPOSED ADMINISTRATIVE LAND DIVISION
April 2, 1990
The Prior Lake
from Barbara
Arizona to
application.
30,680 square
Planning Department has received an application
S. Von Drashek of 19101 Via Esquina, Rio Verde
consider an administrative land division
The proposal is to split a tract of land containing
feet into two lots as per attached survey.
section 6-1-3 of the Prior Lake Subdivision Ordinance allows the
City Manager or representative to authorize subdivision approval
without a public hearing under the following circumstances:
1. The division of property will not result in more than three
parcels.
2. The property to be subdivided is a lot of record in the
office of the County Recorder of Scott County.
3. The resulting parcels generally conform to the shape and
area of existing or anticipated land subdivisions in the
surrounding areas.
4. The division will not cause any structure to be in violation
of setbacks.
5. Any easements which may be required by the City must be
granted.
6. The owners of land contiguous to the parcel must be notified
in writing and no written ob;ection received within ten days
followinq notification.
7. An~ written objection shall constitute an appeal. Such an
obJection shall be forwarded to the City Council who shall
hear the objection and decide the matter.
A copy of the proposed administrative land division and location
ma~ are attached. Please accept this as official notification of
th1S proposed administrative division. written comments or
objections regarding this matter should be submitted to the
Planning Department by Thursday, April 12, 1990. This proposal
will be considered by the City Council on Monday April 16, 1990
at approximately 7:45 p.m. If you have questions regarding this
matter, contact Deb Garross at 447-4230.
s~e~
Deb Garross
Assistant City Planner
City of Prior Lake
4629 Dakota St. S,E.. Prior Lake. Minnesota 55372 I Ph, (612) 4474230 I Fax (612) 4474245