HomeMy WebLinkAbout7B - John Beaupre Variance Appeal
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
DISCUSSION:
ALTERNATIVES:
STAFF AGENDA REPORT
7b
HORST W. GRASER, DIRECTOR OF PLANNING
JOHN BEAUPRE - VARIANCE APPEAL
SEPTEMBER 20, 1993
I have received a request from Mr. John Beaupre dated September
3, 1993, appealing the denial of his variance request by the
Planning Commission to construct a 18 X 26 foot garage.
Mr. Beaupre has a purchase agreement to buy Lot 12, Maple Park
Shore Acres, subject to obtaining a building permit to build a 18 X
26 foot garage to the west of the existing structure. The Planning
Commission discussed the item and found that the variance was
not warranted. The following facts were sited:
1 . Two 50% variances on both sideyards were inconsistent
with established precedence.
2. A single car garage of adequate size could be added
without a variance.
3. The applicant can use his property in a manner consistent
with the character of the neighborhood.
4. The applicant did not prove a hardship with respect to the
criteria found in the Zoning Ordinance.
There was no one in the audience that objected to the variance.
Attached please find the application, staff analysis, and Planning
Commission minutes of September 2, 1993, (please note, these
minutes have not been approved by the Planning Commission).
Staff has recommended a three (3) foot variance giving the
applicant a sixteen (16) foot garage.
1.
Support the decision of the Planning Commission.
2. Approve the variance as requested by the applicant.
3. Approve the variance as recommended by Staff.
ACTION REQUIRED: Depends on Council discussion.
-1-
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLDYER
~-/B
PIDt 2.'3 - 63& - 0/1 ' ()
CITY OF PRIOR LAKE
APPLICATION FOR VARIAOCE
l\pplicanb ~"~ P. \?,e~f"- Home Phone: <{<(7 -/933
Address:.S-: ..... (j .-vl ~ COk -€ n. S~ P(,,~M\ ~ a k-'L Work Phone: 7.A Co- Cb7 ft.JCa
Property Owner: _ t'a_ _ t'- _ _ Home Phone: 41(7- t{07 "f
Address: 1'::'-.;;{7t FIAI" ha..,ks fr. A).E, f'rlCJc Gtk-.IL. Work Phone: /'
Type of Ownership: Fee Contract. Purchase Agreement A
Consultant/Contractor: _ J7...tl"" /'H.."(L1cJ!\ y C~t'}'t. Phone: 1'4'7,<~2 ~o '
Existing Use
of Property: '71 t-J(~ u;: - t="A MIl--.y Present Zoning: f? I - '"50
Legal Description . ,
of Variance Site: ~ 12 .r MAPU: PAJ(.i(. '$i4o~ AcR.ES
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: Disp:>sition:
obtain a 7riance or conditional
Yes ~
I .
Describe the type of improvanents proFOsed: ;qutlt/ a harOj ~ I 0 WL~ ~ k
~c., ( D-e e f'
roBMISSION ROOUIREMENI'S:
(A)Cornpleted application form. (B)Filing fee. (C) Property Survey indicating the
prop:>sed developnent in relation to property lines and/or ordinary-high-water mark;
prop:>sed building elevations and drainage plan_ (D) Certified from abstract firm,
names and addresses of property owners within 100 feet of the exterior boundaries of
the subject property. (E)Cornplete legal description & Property Identification Nt.nnber
(PID). (F)Deed restrictions or private covenants, if applicable. (G)A pa.rcel map
at 1"-20'-50' showing: The site developnent plan, buildings: pa.rking, loading,
access, surface drainage, landscaping and utility service.
ONLY COMPLETE APPLICATIONS SHALL BE ACCEPl'ED AND REVIEWED BY THE PLANNIl'G m1MISSION.
To the best of ~ 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
requi ranents for variance procedures. I agree to' p ide' ormation and follow the
procedures as outlined in the Ordinance. A
I licants Sign~t
Submitted this Aday of All G-U}T19.33 L d ~
PLANNING mMMISSION
CITY COUN:IL APPEAL
THIS SPACE IS 'ID BE FILLED (){]!' BY THE PLANNI~ DIRECrOR
/DENIED q Ii. J 13 Dt\TE OF HEARI~
DENIED f' I:l!\TE OF HFARIKi
APPROVED
APPROVED
CONDITIONS:
J:iilla_>rrrrr~i:teI<.uJ - A5Sr)cJ.tfM; P lonna- ;?pc. j./ qq3
Signature of e Planning Director Date I,
.VAISPR'
AGENDA ITEM:
SUBJECT:
APPLICANT:
SITE ADDRESS:
PRESENTER:
PREPARED BY:
PUBLIC HEARING:
DATE:
PLANNING REPORT
3
VARIANCE
JOHN BEAUPRE
15271 FAIRBANKS TRAIL
HORST GRASER, DIRECTOR OF PLANNING
JAMES HAYES, ASSOCIATE PLANNER
_YESXNO
SEPTEMBER 2, 1993
HISTORY/BACKGROUND:
The Planning Department has received a variance application from John Beaupre of 5504 Candy
Cove Trail, for a property located at 15271 Fairbanks Trail. The applicant proposes to construct a
18 foot by 26 foot garage as per attached survey. The Zoning Ordinance requires a 10 foot
setback from side yard property lines. The following variance is requested in order to construct
the improvements as proposed:
1. 5 foot west side yard setback variance from the 10 foot side yard setback requirement.
PREVIOUS PROPOSALS:
In 1984, a 5 foot east sideyard variance was granted for a house addition. In 1991, a 5 foot east
sideyard variance was granted for a porch and deck.
PHYSIOGRAPHY:
The site is relatively flat near the building pad and slopes sharply down at the rear of the site near
Prior Lake. The total change in elevation is approximately 20 feet from the road to the shoreline.
ADJACENT USES:
The adjacent properties are mostly developed with single family homes. This neighborhood was
originally developed in the 1920s and 1930s and has seen numerous improvements since that
time. Most of the improvements have taken place in the last 20 years and range from removal of
cabins, new construction, and additions to existing homes.
EXISTING CONDITIONS:
The survey indicates the locations of the existing house, deck and three season porch and
proposed garage. The subject site is 50 feet wide at the street and approximately 56 feet at the
904 contour of Prior Lake. The west side measures 150 feet and the east side measures 175 feet
for a total of approximately 8,600 square feet. The existing home and porch is located 28 feet
from the front property line, between 85 and 100 feet from the 904 contour,S feet from the east
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLDYER
side property line, and 24 feet from the west property line.
PRECEDENCE:
Staff researched and found that 17 variance files exist for the 23 lots located near the subject site
at 15271 Fairbanks Trail. The attached map and addendum indicates the lots which have received
variances. These 17 files were distributed across twelve different lots in the area. For six of these
lots, one variance was granted; two lots were granted two variances; one lot was granted three
variances; two lots were granted four variances; and one lot was granted six variances in three
separate files. Out of these 17 files only one variance was denied. and that property had
previously received a variance in a separate file.
The variances granted included side yard, front yard, lakeshore and lot coverage requirements.
The side yard variances ranged from 2 to 10 feet with an average of 4.7 feet. The front yard
variances ranged from 5 to 25 feet with an average of 11 feet. The lakeshore variances ranged
from 22 to 28 feet with an average of 25 feet. The lot coverage variances were approved with a
6% variance in two separate files. All but six of the variance were granted prior to the adoption
of the 1987 Shoreland Ordinance, therefore, lot area and impervious surface were not considered.
In addition to the variances granted, a majority of existing homes are located at various setbacks,
most of which are not compliant with Prior Lake Zoning Standards.
The final area where precedence may apply is in the applicant's request for a garage. Throughout
the City, the Planning Commission has granted variances for construction of a garage if the site
does not contain an existing garage. In this case, the site does not have an existing garage and the
applicant is proposing to construct a one and a half car garage that goes beyond any previously
established variances perimeters. The Planning Commission has never issued two 5 foot
sideyard variances. The maximum sideyard variances granted have been 5 feet and 3 feet.
NEIGHBORHOOD ISSUES/IMPACT/CONCERNS:
This is a well established neighborhood with single family homes and cabins situated at various
setbacks from all property lines. This neighborhood has been in transition for many years and has
a number of structures that have been renovated or removed and rebuilt. Given the number of
variances granted in the area, the impact on the surrounding neighborhood will be minimal if
there is any impact at all.
ALTERNATIVES:
1. Approve the application as submitted. The applicant proposes to construct a 18 foot by 26
foot garage adjacent to a single family home. This would require a 5 foot west side yard
variance from the 10 foot side yard setback requirement.
2. Table or continue the variance for specific reasons.
3. Deny the application based upon findings and facts relative to the hardship criteria of the
Zoning Ordinance, inconsistency with precedent or other purposes related to the Zoning
Code, but approve a 3 foot sideyard variance.
HARDSHIP FINDINGS:
I. Literal enforcement of the Ordinance would result in undue hardship with respect to the
property.
The applicant would not be able to improve his property if the Ordinance is strictly
enforced in this situation.
2. Such unnecessary hardship results because of circumstances unique to the property.
Rationale for granting the variance is that similar setbacks are prevalent on other
structures in the neighborhood, and the location of the structure was determined by a
former government jurisdiction. The property currently does not have a garage on the site
and the applicant may be unable to construct a garage under the current setbacks.
3. The hardship is caused by provisions of the Ordinance and is not the result of persons
presently having an interest in the property.
The hardship is not the result of the applicant nor the City of Prior Lake, but the result of
former platting and zoning standards of Eagle Creek Township.
4. The variance observes the spirit and intent of this Ordinance, produces substantial justice,
and is not contrary to the public interest.
The proposed improvements observe the spirit and intent of the Ordinance by allowing
the applicant to improve his property with a garage adjacent to a single family home.
Substantial justice would be realized by allowing the owner of a property substandard in
width, improve his property with respect to the surrounding neighborhood. The proposed
addition is not contrary to the public interest due to the precedence of variance requests
granted in the area.
RECOMMENDATION:
Staff recommends Alternative number 3 due to the fact that the subject site does not contain a
garage, precedence in the area, and that the proposal will not adversely impact the neighborhood.
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NOTICE OF HEARING
EO.R
VARIANCE
You are hereby notified that a hearing will be held by the Planning Commission in the Prior
Lake Council Chambers at 4629 Dakota Street S.E. on:
September 2, 1993 at
8:00
P.M.
SUBJECT SITE LOCATION:
To consider a variance application for John Beaupre
of 5504 Candy Cove Trail.
15271 Fairbanks Trail, Lot 12, Maple Park Shore
Acres, Scott County, Minnesota.
PURPOSE OF HEARING:
REQUESTED ACTION:
The applicant proposes to construct a 18' by 26'
garage on the east side yard adjacent to the existing
home. In order to construct the improvement, the
following variance is requested: a 5' east side yard
setback variance from the 10' side yard setback
requirement.
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 Planning Commission. For more information, contact
the Prior Lake Planning Department at 447-4230.
Prior Lake Planning Commission
DATE MAILED: August 20, 1993
4629 Dakota St. SE, Prior Lake, Minnesota 55372 I Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLDYER
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BEAUPRE VARIANCE
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ADDENDUM TO PLANNING REPORT VA 93-18
VARIANCE FILES IN THE AREA NEAR 15271 FAIRBANKS TRAIL
Property Address
15219 Fairbanks
15229 Fairbanks
15249 Fairbanks
15259 Fairbanks
15275 Fairbanks
15279 Fairbanks
15283 Fairbanks
4281 Quaker
4261 Quaker
4251 Quaker
4231 Quaker
4221 Quaker
File # Variance Granted
VA 90-27 5' N Side,S' Front, 25' Lake
VA 92-18 6% Lot cov, 5' N side, 3.5' S side, 12' W side
(front)
VA 90-30 22' Lake, 6% Lot cov
VA 80-27 5' N side, 4' S side (front)
VA 83-17 5' N side, 16' S side (front)
VA 89-22 2' E side
VA 85-03 3' W side
VA 87-12 4.2' side
VA 84-04 5.7' W side
VA 92-11 3' E side
VA 73-04 Garage
VA 74-01 10' side, 25' front
VA 74-06 4' W side, 4' front
VA 75-12 4' W side, 28' Lake
VA 81-03 6' side
VA 78-06 5' side
VA 78-12 5' side (denied)
/~^,ISTING DECK IS A LEGAL NON-CONFORMING STRUCllJRE, TIlE PROPOSED
.... .~- CONSTRUCTION WOULD NOT ENCROACH ANY FURTIffiR INTO THE CURRENT
,- SETBACK, TI-IE HARDSHIP WAS CAUSED BY A CHANGE IN THE CODE BY THE CITY
OF PRIOR LAKE AND NOT TIlE APPLICANT, AND IT WOULD NOT BE DETRIMENTAL
f;:::::, TO THE HEALTII AND WELFARE OF TIlE COMMUNITY.
~ Vote taken signified ayes by Loftus, Greenfield, Roseth, and Arnold. MOTION CARRIED.
r::;;;;:1 A recess was called at 7:50 P.M. as the next scheduled item was for 8:00 P.M., at which time the
~ meeting was reconvened.
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~
ITEM ill - JOHN BEAUPRE- VARIANCE
John Beaupre-5504 Candy Cove Trail stated he has a purchase agreement on property located at
15271 Fairbanks Trail and as there is not a garage on the site now, is requesting a 5 foot variance
in order to build. The sale is contingent on the approval of a variance.
Horst Graser presented the information as per memo of September 2, 1993. The request is for a
5 foot west sideyard setback variance from the 10 foot sideyard setback requirement. Previous
variances granted to the subject site were for a 5 foot east sideyard variance for a house addition
in 1984 and a 5 foot east sideyard variance for a porch and deck in 1991. The subject site is flat
near the building pad and slopes sharply down to the rear and is approximately 50 X 150 feet.
There has been precedence set of variances granted in the neighborhood. The proposed
construction goes beyond any previously established variance perimeters. The Planning
Commission has never issued two 5 foot sideyard variances. The maximum sideyard variances
have been 5 feet and 3 feet. The neighborhood is in a period of transition and development. Mr.
Graser suggested a change in the garage design and a 3 foot variance be granted instead of the 5
foot as requested.
John Beaupre stated the change suggested would not be practical or aesthetically pleasing to the
existing construction.
Comments from the Commissioners were: COmmissioners Greenfield read the hardship findings
into the record and with that interpretation, does not approve of the variance. COmmissioners
Roseth voiced concerns on starting a precedence if a double variance was granted for the
property. Commissioner Loftus stated the lot is substandard, felt if a variance is granted it should
be as the applicant requested, rather than reducing the request to 3 feet. Commission~r Arnold
stated that granting a variance would set a precedence.
MOTION BY GREENFIELD, SECOND BY ROSETIl, TO DENY TIlE REQUESTED
VARIANCE FOR 15271 FAIRBANKS TRAIL, CITING TIIAT THE APPLICANT HAS NOT
PROVEN HARDSHIP FINDINGS 1 TO 4 AS OUTLINED IN THE STAFF REPORT AND
THE APPLICANT'S PROPOSAL OF AN AESTIIETICALLY PLEASING DESIGN IS NOT
RECOGNIZED AS CRITERIA FOR GRANTING A VARIANCE.
Vote taken signified ayes by Greenfield, Roseth, and Arnold. Nay by Loftus. MOTION
CARRIED. Variance was denied.
ITEM IV - JERRY YOUNG - VARIANCE
Jerry Young-5465 Shore Trail, stated he wishes to construct a deck over an existing patio and is
requesting a rear yard and east sideyard variance.
PLANNING COMMISSION
September 2.1993
Page 2
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,.EPH'}lBE.R 11, 199:
I HAVE BEEN NOTIFIEC BY SCOTT COUNTY ABSTRACT AND TITLE. INC. THAT A
PERMl1 HAS BEEN RfOUESTED,O BllILD A GARAGE AT 15271 FAIRBANKS TRAIL Nt.
I HAVE SEEN THE SKETCHES OF THE PROPOSED GARAGE AND FEEL THAT IT WOULD ~O'
Oi\iL Y BE AN ARCHI fLCTURp,!. ENHA.NCF:MtNT TO 1 HE PROPl:RTV. I3U .AN f\SSLT TO OiiR
NEIGHBORHOOD AS WEl~.
Sf I:-VtNJ&JI)L i f II. N[L~;ON
15279 FAIRBANKS TRAil N~
PRIOR I.AKf::. MN 5~l7
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BRUC A & DEBORAH PETERSON
15275 FAIRBANKS TRAIL NE
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PRIOR
WI~K & ANDREA CARLSON
FAIRBANVS TRAIL Nt
LM,E. MN
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STEPHEN F & ElIZA8ETH TOWLE
15253 FAIRBANKS TRAIL NE
PRIOR lAKE. MN 55372
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MICHML L. 11 L1! I\NN REICHOW
15249 FAIRBANKS TRAIL NE
PRIOR LI',KF. MN 5:-3 U
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LEROY & ARLENE MUNSINGER
15257 FAIRBANKS TRAIL NE
PRIOR LAKE. MN 553;2
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KRISTIN K COX
4311 UUACKER TRAIL NE
PRIOR LAKE. MN 5~372
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