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HomeMy WebLinkAbout5 - Grant Leonard variance AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: HERITAGE 1891 COMMUNITY 1991 CUTJ!Jf) .JV 2Q91 5 DEB GARROSS, ASSISTANT CITY PLANNER CONSIDER VARIANCE AND ADMINISTRATIVE PLAT FOR GRANT LEONARD MAY 7, 1990 The.purpose of this item is to consider a var1ance and administrative land division application for Grant Leonard. The subject site is located northeasterly of the Hope Street cul-de-sac in Prior Lake. See attached maps and information for further reference to this item. This application was reviewed according to Section 6-1-3 Administrative Land Division process outlined in the Subdivision Ordinance. Proposed Tract B does not meet the lot location requirements identified in Section 6-6-4 of the Subdivision Ordinance which requires all new lots to contain frontage on a publicly dedicated street. Proposed Tract B is less than 90 feet in width, therefore a variance from Zoning Ordinance section 9.3 A2 is also requested by the applicant. Because the application requires consideration of variances, this administrative land division must be reviewed by the city Council. The subject site consists of 45,437 square feet and is zoned R-1 Urban Residential and S-D Shoreland District. The applicant wishes to divide Tract J, R.L.S #71 into east and west parcels then combine them with Lots 1, 2, 3, and 4, First Addition to Condon's Wood Dale as per attached survey. Tract A is proposed to consist of the westerly part of Tract J, R.L.S. 71 and Lots 3 and 4, First Addition to Condon's Wood Dale. Tract A is proposed to consist of 19,674 square feet and be approximately 93 feet wide. Proposed Tract B is to consist of the the easterly part of Tract J, R.L.S. 71 and Lots 1 and 2, First Addition to Condon's Wood Dale. Tract B is proposed to be 25,763 square feet and be approximately 83' feet wide. Proposed Tracts A and B would be used as one buildable parcel each. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 DISCUSSION: The Ho~e street cul-de-sac is a gravel road which 1S located on public street right of way. Tract A has fronta~e on Hope street. Tract B is proposed to ga1n access via a 50 foot roadway easement. The proposed access is a private easement which is incorporated into the Certificate of Title for each Tract. Hope street has a gravel surface and will be upgraded with concrete curb and gutter and bituminous surfacing when the streets in the adjacent neighborhoods to the west are upgraded. The appropriate assessments will be enacted against these properties at some future date. Both Tracts have existin~ dwellings on them which are connected to C1ty sanitary sewer and water in Hope Street. Mr. Leonard is proposing to remove the cabin on Lot 2 and to build a new single family home on Tract B. The driveway to the proposed home may conflict with the fire hydrant located in Hope street. In the event that a conflict arises, it should be the responsibility of the applicant to relocate the driveway and/or hydrant at his expense. The City operates a watermain on the southerly line of Tract B and its westerly extension. The southerly 10' feet of Tract B and of the roadway easement should be granted to the City as ~ermanent easement for watermain and uti11ty purposes. The survey indicates that the 20 foot driveway which was platted and dedicated to the pro~erty owners within the plat of First Add1tion to Condon's Wood Dale, will be utilized as part of Tracts A and B. The 20 foot driveway was vacated by District Court action in March of 1977. The legal descriptions on the survey do not include a description of that part of the 20' foot drive which is proposed to be incorporated into respective Tracts A and B. Staff recommends that the survey description for each Tract be re-written to incorporate the vacated 20' foot driveway. The park dedication fee for this property has been calculated based on the 10% dedication requirement and a raw land value of $7,000 dollars per acre. The site contains COMPREHENSIVE PLAN IMPACT: ALTERNATIVES: RECOMMENDATION: ACTION REQUIRED: 1.04 acres, however the park dedication re9Uirement would only apply to the .67 acres wh1ch consists of Tract J, R.L.S. 71. The park dedication fee for the redivision of Tract J is 469.00 dollars. This area is designated as low density residential use in th~ Comprehensive Land Use Plan. The proposal 1S consistent with the objectives of the Comprehensive Plan. 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 alternatives with respect to this proposal are as follows: 1. Approve the variance and administrative land division as pro~osed. Deny the applicat10ns for specific reasons. Table the item for further analysis. 2. 3. The recommendation from staff is to ap~rove the administrative land division and var1ance contingent upon the following conditions: 1. Payment of the $469.00 dollar park dedication fee. That the property owner grant the City of Prior Lake a permanent easement for watermain and utilitr purposes. That the legal descr1ptions for Tracts A and B be amended to reflect the 20' foot driveway which is part of the plat of The First Addition to Condon's wood Dale. That the property owner be responsible for relocation of the fire hrdrant in Hope street to accommodate a dr1veway to Tract B. That the shed and existing cabin on Tract B be removed to be compliant with setback standards of the Prior Lake Zoning Code. 2. 3 . 4. 5. A motion is in order based upon the of the City Council concerning the and administrative land applications. decision variance division AIJotmISTRATIVE LAND DMSlOO APPLICATIOO FORot AP eft /. -, - ( " PIDt /,' ( ,{ ( -" ) ) I <.Ii':' i J I , . I ~~ , ,3 "SPLIT" Property <>.mer: Address: Applicant: Sam e Address: Grant Leonard Phone : 5230 Con:o:; Stt''?et S. E. Phone: S24-E722 Name of &1rveyor: Vall eyE n !: j n e € r j n g Com ran y Phone : .~47-2570 Has the Applicant previously sought to plat, rezone, obtain a variance or conditional use permit on the subject site or arrt part of it: No----!- Yes_ What was requested: aten: &JBMISSIOO RE)'JUIREMENl'S: A. Completed application foan and Property Identification Number (PID). B. Complete 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. E. 15 copies of the application, survey and sUR'Qrting data and 1 set reduced to II" X l7". F. 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 OOMPLETE APPLICATIONS SIW.,L BE AC~pJ.'w FOR RE.VIEl'l. To the best of IT!{ knowledge the information presented on this form is correct. In addition, I have read Section 6-l-3 of the Prior Lake Subdivision Ordinance which specifies the requirements and procedures for Administrative Plats. I agree to pr<Ni;r:;OllO<l the procedures an Outl!;./ '76 ts Signa r~ Da~ ;/-/90 ers Slgnature Da& . , 'mIS SEX:TIOO ro BE FILLED IN BY 'mE PLANNOO DIREC'OR DISPOSITION OF APPLICATION: APPROJED DENIED cm a:>UN:IL (APPEAL) APPROJED IENIED CDNDITIONS: Dl\TE IY\TE OF HF.ARlN; Signature of the Planning Director Date CIT'{ OF PRIOR LAKE APPLlCATIOO FOR VARIANCE VA 'iC - ) n PIDt ..).')( (il- - ( f I .J., 6(~~ (' /1 ~ . .' ~' ., '-'3 \.,3. " ( '.' ) ( '( ) Grant Leonard Awlicant: hXkess: 5230 Condon Street S.E. Property CNnen Same hXkess: Type of Ownership: Fee Contract Consultant/Contractor: Bane Phone: Jt:>rk Phone: 824-6722 Bane Phone: Jt:>rk Phone: Purchase Agreenent Phone : Existing Use C a '.) in R 11 S D of Property: Present Zoning: - - Proposed Use New Con s t r u c t i. 0 n 0 f Sin g 1 e Fa m i. 1 yon T r act B of Property: Legal Description See at t a c h e d sur v e y of Variance Site: Variance Requested: Has the applicant previously sought to plat, rezone, use permit on the subject site or any part of it? What was requested: When: Disposition: Variance from 90' frontage requirement on a public road. obtain a variance or conditional Yes x No Deser ibe the type of inprOllements proposed: Construction of a new single family home. SUBMISSIOO REDUlREMEm'S: (A)Completed application fo~. (B) Filing fee (C)Certified from abstract fi~, names and addresses of property owners within 100 feet of tile exterior bourdaries of the subject property. (D)Camplete legal description & Property Identification Number (pm). (E)Deed restrictions, if applicable. (F)An area map at 1"-200' available fran the City EJlgineering 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' shCMing: The site developnent plan, buildings: parking, loading, access, surface drainage, lamscaping and utility selVice. CNLY ~ APPLlCATIOOS SHALL BE RE.VIEHED BY mE !'LANNm; CDMMISSlOO. To the best of my knCMledge the information presented on this form is correct. In addition, I have read Section 7.6 of the Prior Lake ZOning Ordinance which specifies requirenents for variance procedures. I agree t prOllide 1 rmation and follow the procedures as outlined in the Ordinance. SUlmitted this S day of~19:J.O '!HIS SPACE IS 'ro BE FILLED an BY '!HE !'LANNm; DIRFX:TOR !'LANNm; <DMMISSIOO APPROIED CITY ~ APPEAL _ APPROJED (l)N)moos: DENIED DENIED MTE OF BEAROO Dt\TE OF BE'oARDI; .- -." ..., . ....,;--..-.,.....--.... . , -..".......... .- Signature of the Planning Director Date , ''Jit. .'..- ".' ~, L -- -. -., . 'f"""'" _ r .. .....~.. ':':,.. I L -----c L-- ;i ~~ AOMINlSTRA~ PUT. 'o'M1AHCE: SURV(Y PREPARED FOR: GRANT LEONARD 5230 CONDON ST. 5.E. PRIOR LAKE. ~. 55372 Va"~y Engineering Co., Inc. SUTE IZO-C. FRAN<L.IN TRAIl. OF'Flct CONOOMr<IUI 18670 FRANKUN TRAIL S. E. PRIOR LAKE. MINNESOTA 55312 TELEPHONE (812) <<7.2510 ISI2)447-~' .J ",,,,f.f, ...-- ",Of. ;1 . , - ~ ~ i~ .... ~1 , ~!'. ...~ . . II ~i ~ I, . .' s f!j loP I~~ 1..1 .s: !Ill '" i~!n jp In :,1 ;r '7 , f: '.. .... , r;.'" .... ~: (" ~' .... '. ,,' ':, , ~) ,.... ... .., ...1' , ...., . , ;>--' -:..' " ... '.1 . ~;.. ~... "\' .. .~ ,. '.., ...;~.( ,'" ....... 0::: -" " ;. Ft ,~ ,.; -;- g ... . -- . -- . ~~ ... -."-40&".... -.......... _ &a w ..., ,.n f1I '- I. ..- ~ ....., ... ?to .",.. -It f1I .. -II ..-.. f1I ... _ u.. f1I ... Z. ,. wuUa .. c..... .... ~. . rUe y ... orn. f1I ... c.un" ......... !oe\t CaoIMr. __. aD. &.eta, .. '. ftn\ wuUa .. ~.. .... 1IIle. __............, . rUe .. or _ y .. fIIt_ f1I _ -., ...... _ Cooatr. .~, -=uPmlI _ . AU ..., ,.n f1I '- I. ...- ~ "..., ... ?to .",.. eMtIdt f1I .. -II '_1. or .. _ 1_ or ... Z. ftn\ wuu. .. _'. .... Dal.. .. .. rn. Ia _ flltlM or _ _" _. _ c-v. _. an. -- &.eta I .. Z. n_ _Ua .. _'1 _ Dal.. ~ .. ... .... _ .. rUe _ or _ Ia ... offl.. or tile "'1_ Ir _ y _ r. .... Count" "1nMeo.... '.... .....-- --.........., ....-.....- ._~ ~..-- ......, - ___ III... ___ .. REGISTERED LAND SURVEY NO. 7/ SCOTT COUNTY, MINNESOTA VALLEY ENe. Co. INC. PRIOR LAKE ,MINN. SeA L E - I" 100 ..4" ~: .~:. "'" ...~JlI(,.. , " . 2 I .j Ii Q ~ v ~ rl p ~ii ; ~ lU ~ 1-,,_ , .....'-J ,.- ,...' , t ~ '... , ,.,.'. " ,. '4.':: "<I''''' 11 <I'" . z ". -'0 e..o E.....o:.T J Ii I I I ,.." t, <... .", o f- ~~ r,J~~ ajnf- ...tt;1U N' 2 N~J 2~ .( III -I f ~ ~~ rJ2 A J e ~ 412.1'- I 7~ ~.. -,~ 4-1 '.0 ~~ L''''E. T~AC.."" 0 WE. L ~ .." I~ I heret-y certify that 111 accordance liith the provhiona of Chapter 508, Yinnesota Statutes of 191.9, U &.IIlended. I have s-.JrV"yed the following described tract of land in the Count,. of Scott, Sta te of ~ii.nnesota to~1t: Tract "D" Re!l:i!!tered Land Survq too. 13, Scott County, Minr>e5ota. That thb survey shown hereor. 11 a co~ delineatian of said surYl!7. K~~~~.-, Ranald 1 Sltaneon fieg. No. 10183 r' Dated this~dll" of~I974. This Registered Land Surve1 WIl8 approved and accepted b,. the Council of the C1t,. of Prior Lake, at a regular ..tt1ng r.e1d this .l.f day ot ~ '974. N... U:. .,~.. .1....'. 'I- I Me lrat!!e' tolr-It t_ J ..1 ot. _~, ~,~? BVdL:O: y~ ~t~ "-:avor I.JD'.J.. ...'" t! STATE OF ~~lE$@lf~ DEPARTMENT OF NATURAL RESOURCES METRO REGION WATERS - 1200 WARNER ROAD, ST. PHONINO. 296-7523 ~ ~~lt ~~~ PAUL, MN 55106 .~/ FILl NO. April 10, 1990 Ms. Deb Garross City of Prior Lake 4629 Dakota St. SE Prior Lake, MN 55372 Dear Ms. Garross: RE: BRIGHT, KING, & LEONARD VARIANCE REQUESTS, SPRING LAKE & PRIOR LAKE, CITY OF PRIOR LAKE, SCOTT COUNTY Thanks for forwarding copies of the subject variance requests. I've had an opportunity to review all three, and offer the fo11 owing comments: Sri ght Vari ance I have no problem with this request, since the proposed construction does not encroach any closer to Spring Lake than the existing structure. The resultant 25$ impervious surface should not present a problem, as there is adequate buffering between the existing structure and the lake. King Variance Here, too, I have no problem with the request, although with such a small lot, it will result in a crowded look. The impervious surface of roughly 48$ is a bit much, but since this is not a lakefront lot, 11m not so concerned. Leonard Variance No problems with the administrative division proposed. New construction on Tract B should be designed to meet existing shore1and development standards. Thanks for the opportunity to review and comment. Please call me if you have any questions or would like to discuss in greater detail. ~e4~ Pat Lynch Area Hydrologist PL204 :kap AN EQUAL OPPORTUNITY EMPLOYER NOTICE OF HEARING FOR 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, MAY 7, 1990 at APPROXIMATELY 7:35 P.M. PURPOSE OF HEARING: To consider a variance application for Grant Leonard. REQUESTED ACTION: 5230 Condon's Street Lot 1 & 2, Condon's Wood Dale & Part of Tract J. R.L.S. #71 The applicant has requested a variance from the Prior Lake Zoning Ordinance to allow a Lot to be created which contains less than 90 feet of frontage on a public road. The proposed TRACT B contains 25,763 square feet and is ap~roximately 32 feet wide. The appl1cant proposes to gain access to the Lot via a roadway easement rather than from a public road. SUBJECT SITE LOCATION: 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 Commission April 23, 1990 4629 Dakota St. S.E.. Prior Lake. Minnesota 55372 I Ph. (612) 4474230 I Fax (612) 447-4245 NOTICE OF PROPOSED ADMINISTRATIVE LAND DIVISION APRIL 23, 1990 The Prior Lake Planning Department has received an application from Grant Leonard of 401 West Lake street, MinneapOlis to consider an administrative land division within the existing plat of Condon's Wood Dale and R.L.S. #71. The proposal is to divide Tract J of R.L.S. #71 into two parcels which are then proposed to be combined with Lots 1, 2 and 3, 4, Condon's Wood Dale. Mr. Leonard would like to remove the existing cabin on Lots 1 & 2 and build a new single family home on the East part of Tract J and Lots 1 & 2 combined 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 obiection 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 April 3, 1990. If you have questions regarding this matter, contact Deb Garross at 447-4230. Sincerely fu~,. Deb Garross Assistant City Planner 4629 Dakota St. SE., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447.4245