HomeMy WebLinkAbout9 - Mark Hyland Variance
AGENDA NUMBER:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
CENSUS '90
.
9
DEB GARROSS, ASSISTANT CITY PLANNER
CONSIDER APPEAL OF PLANNING COMMISSION
VARIANCE DECISION BY MARK HYLAND
APRIL 2, 1990
The purpose of this item is for the City
Council to review a March 15, 1990 Planning
Commission decision to grant a 1,950.2 square
foot minimum lot area variance for Deutsch
Construction. The Planning commission voted 5
- 0 to approve the variance application, and
attached conditions that the front and side
yards be sodded and that two trees be planted
in the yard as per the City of Prior Lake Tree
Planting requirements.
On March 21, 1990, staff received a letter of
appeal from Mark Hyland who wishes to have the
decision reviewed by the City Council. See
attached materials for further reference.
The subject site is a vacant lot located
between 14419 and 14433 Watersedge Trail N.E.
The lot is zoned R-1 Urban Residential and S-D
Shoreland District. The minimum lot area
requirement for this district is 10,000 square
feet. The survey indicates that Lot 31
consists of 8049.8 square feet.
Boudin's Manor is fully developed with single
family homes and cabins with the exception of
six lots. The area was platted in 1950 into
predominantly 50 foot wide lots. The subject
site has been a lot of record since 1950 and
has municipal services available to it. The
City of Prior Lake has issued five building
permits to this subdivision for construction
of new homes. The remainder of the structures
were built prior to annexation of Section 30
into the corporate limits of Prior Lake. Much
of the development is at variance with current
setback and lot size standards of the Zoning
Ordinance.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
DISCUSSION:
COMPREHENSIVE
PLAN IMPACT:
ALTERNATIVES:
RECOMMENDATION:
ACTION REQUIRED:
The four standards necessary to grant
variances to the re9Uirements of the Zoning
Ordinance can, 1n staff's opinion be
satisfied. Boudin's Manor is 90% developed
with homes existing on similarly sized lots.
Literal enforcement of the ordinance would
preclude development of Lot 31, which would
result in undue hardship to the property
owner. The hardship is caused by the
ordinance, not the property owner. The owner
has attempted to comply with the spirit and
intent of the ordinance in that no additional
setback variances have been requested to build
a home on this lot. The Zonin9 Ordinance
9randfathers lots of record as bU11dable even
1f they do not meet area and size requirements
of the code. The City has approved five
similar lot size variances since adoption of
the Shoreland Management Ordinance in 1987.
Staff received a ~hone call from Pat Lynch of
the DNR concern1ng this minimum lot area
variance. The DNR has no objection to the
variance, understanding that this is not a
lakeshore lot and that it is a lot of record.
Mr. Lynch suggested that the applicant should
be encouraged to reduce, as much as possible,
the amount of coverage for the lot.
The Comprehensive Plan indicates low
residential use for this part
community. The proposal is consistent
Comprehensive Plan.
density
of the
with the
1-
2.
3.
Approve the 1,950.2 square foot minimum
lot area variance as requested.
Table the item for further study.
Deny the minimum lot area variance.
Alternative # 1 is recommended by the Planning
Commission.
A motion to resolve the issue is in order.
3-21-90
City of Prior Lake
City councl1
I wish to appeal the decision of the Planning Board in regards
to Lot 31 In Boudlns Manor.
There is no hardship In this case. You have a Builder from
outside the community which wants to build his Third Spec Home on
a sub standard Lot. Deutsh Construction has bul1t on Lots 33 and 34.
The City of Prior Lake, City Councll needs to over turn this
decision. Lot 31 and 32 together will make one Lot which fits the
codes you put in place.
I feel1ts time to follow through on your own codes and far
past the time to listen to the Neighborhood.
~~~--
ark Hy land ..
14399 Watersedge Tr. N.E.
Prior Lake Mn. 55372
447-7171
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CI'lY OF PRIOR LAKE
APFLICATIOO FOR VARIANCE
Awliomt. ~~ ~~ ;;;:;
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Address I :.iA 111 F:
Type of Ownership: Fee 252. Contract
Consultant/Contractor: 11~1A. r...,~'w G.AI!,;-, 7_ C'. .
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5 PIlone. 7~-g' - (.. :2 Z 7
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Phone I
~k Phone.
Purchase Agreement:
nel 7~-R'-; ~"'~9'
Existing Use
of Property:
Proposed Use
of Property: PEIV ~"'" Iii
Legal. Description
of Variance Site:
to 7-
eP~~yI
Present Zoning:
'^ T 3/ ~ou /"Y1 H/IIQt/-f (1"~~:5 /JJJJ.lelSJdjl{ ~()
Variance Requested: -:ME ~o r 5/~J!f' /~ AJ,' T ,/C!, "00 .s~ P:r: tZ 95()'2 I/J Iv! \
ff./Ct. I/tl,{/t1!na ~Pf~
Has the applicant previously sought to plat, rezone, obtain a variance or corxUtional (I
use permit on the subject site or arrt part of it? Yes)t:? No
What was requested: .
When: Dispositionl
Deser!be the type of inprcwements proposed I
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SUBMISSlOO RIDUIREMEm'S:
(A)Canpleted awlication form. (B) Filing fee (C)Certified fran abstract firm, names
and addresses of property CMleI;S within 100 feet of the exterior bourxSaries of the
subject property. (D)Canplete legal description' Property Identification Number
(PID). (E)Deed restrictions, if applicable. (F) An area map at 1-.200' available
fran the City &1gineering 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: The site developnent plan, buildings:
parking, loading, access, surface drainage, lamscaping and utility service.
CH,Y COMPLETE APPLICATIOOS SHALL BE RE.VIEUED BY mE PLANNIM; a:>MMlSSIOO.
To the best of my knowledge the information presented on this form
add! tion, I have read Section 7.6 of the Prior Lake ZOning Ordi
requirements for variance procedures. I agree to provide infonna
procedures as outlined in the Ordinance.
Subnitted this~ of rEe 19~
e
'IBIS SPN::8 IS 'ro BE Fn.LID <X1l' BY mE PLANNIM; D~
PLANNING CDMMISSIOO
CITY c:cxncIL APPEAL
CDNDITIOOS:
APPROlED
APmonD
DENIED
DENIm
MTE OF BEAROO
MTE OF BF'.AROO
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Signature of the Planning Director Date
URV[Y PREPARED FOR:
lEUTSCH CON ST.
'OUT[ 4 lOX 245
IEW PRAGUE, MH. 5eOT1
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Vo'ley Englneer'ng Co., tic .
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FfMM(UIf TItAN. 0I'Pt" CiClNOOUIlJ'"
fllltlOft LAKE. MlMIESOTA 15571
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DESCRIPTICM: 1.<* 31. IIOODIN'S MANOR, Scott County. ltinne~a.
o 20, 40
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NO'1'I!S:
..M. Ill. 907.42 !Up nut of hydnnt . lIoudin Stnet , "terH4.. Trail
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denote. eai.ting grade elevation
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NOTICE OF HEARING
FOR
MINIMUM LOT AREA 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, April 2, 1990
at
Approximately 8:30
P.M.
PURPOSE OF HEARING:
To consider an appeal of a
Planning Commission decision to
grant a 1,950.2 square foot
minimum lot area variance for
Marvin Deutsch.
SUBJECT SITE LOCATION:
Lot 31, Boudins Manor - vacant
lot located south of l44l9 and
north of 14433 Watersedge Trail
NE in Prior Lake.
REQUESTED ACTION:
The applicant wishes to build a
single family home on vacant
Lot 31. Lot 31 consists of
8049.8 square feet. The
maximum lot area required in a
single family district is
10,000 square feet. Mr.
Deutsch has requested the city
Planning Commission to consider
granting a 1950.2 s9uare foot
minimum lot area var1ance.
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
MARCH 23, 1990
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245