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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. , -, . , :-~l.l- ! 4- <<HlIU8" Cfll:TIJT H4'" THIS ~t."'h WA, '\:. I'JIlU'UI(O IY Mf 01'1 VI'lO(.Il III' Olfll(;T '\", <,'DC"'''""" "/0 '''"' I I... "IP\' =t=IA~~~- Sf' '-11 - 5 ir- _~__-- ~ ~ -~ .\'"' 'h'" \~". \ ~ ~ L:"'-'-t- J~J \ L:)~,~;" \ c,,~, ;,' f'"""",I'~. _ ~ ~s.!.~ N,c:.. -- r~~..; ili,:~I...y ,JJ<.~ ,RAIL- '" F A I f( BA _ 0." ('I H,."V \ ~.. ~'s:,oo I ' ~ '0.' \ \ CC'~'- '" \ ~---> 1 -----. ~"- ~_ (1,'::. 11) . ~ ~N..,ij .'<r- -..... - \ . ";)\ 5'0<;1 \\" S1 3&: 0,,- ~ 8.", SS;J,P,::.,. / ~~ "\ ~/~a~_ ::~~~ ,P. l /. .~~ \ ~ \ ~'7 _ '- ~ J ~ ~...__.. fi,..\D IV. \.1'. /; -'-~~ \ ---"'--.- '. ~ ..- ~ ------904---- r ..- - 1-5',0 -- -- II>: I.~. \1 ~~ L.:.'-,- c ,,,,.,.,..,--- -- 00 ------~ l- \ \ \ I ~C'-() (J1-~j) J.. / 0'1..~""'.-' ......, ~.:)-,- :: ~ CJT ::...' - l' to .. .. :. ~ . , ~ ~" ~ \!', LOT 12\ \ \ -- ~ V' ~S.O L,':..1Y '} \ ,./ /,- -.". ~/ .--,:,,/~.~:"': - ~ ~::~;Y-. _~r'/ PRIOR LAKE .f f Sc a I ~ ~ I = 30 ~ 'VAI 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 o '( R\OGE. .;;::. " .... !::: " ',.' - ~ .! '.' , '. . '. . .', '. ,', : ..... " r' ~ 9 8 .J <t\ f'( ~ 7 .....~.. " "'-- 196 BEAUPRE VARIANCE SUBJECT SITE 1.s3iil\'j~ ~~(' - 01 ~l=v ,~~\ .,. I() IX) I() o i R\OGE. .;;:: ~ .... ,-. .. -. : ,. ..- ------ .! ".' " " . '. . :._': e. .... .J ...' ~ 9 8 .J '" ('( 'e 7 .....'... ...,~-- 196 's ~ \3 3 S :..-:::: -: \, rrff~- ~ ~ . L.I'JoD "~ ~ PROPERTIES GRANTED VARIANCES v II) <Xl II) STUDY AREA ", . ", '. . . -.;. ...~l'p,:..",,~"'jI 1if.'''',~':~\lt.''~l, '~'!'. :~'~'..L&.~' j~",":~~.'f.';~~;;~" ":'''i:.;:i~~~''t, " ~ :, 'f~':'~.i,.~ ~~. .~'." .'. .': :\.'." . .,,', ~J;'>.If~t;llf' ..' " ". '.' i',.(. ;?~"';".~;',:,,<).i}JJ tlli"'i,~.t..'iI', t,' ,1'~;~i;J", "'Ai1j:' q;~ '..;~,'W-':~ ;j~i';'f~-~~.,: '.}.;,:'., ,t ..... ,l,.... ,'J..\'l' ~~ ',g':"~'.}'i~t:. .,1'1'., ,~.),..,. ..... V,r~ ,~....... . . ,''''.. .. :';i .'" .'r.,' '.,y. ,. Ii;'" l"''if''','",' .'..,.j, ,',,, . ..' . , _'',\;':. ,'. ...t. . :~t~~,~,,<, ~ \1 :,'~-~,.:~I~~~,\ ," t~~!r-.< .~ .' 'I. ". .~_, f/'. :!f ~~. .~_: " '".'4.,' . ~. ...._ . t :l,~-_ -". . I,. "" ' ._ r / .. 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I I L.. ..__~___.___ _ i (' --~\ 0:. ) i . \.; . ----f::...::.' , . : ~. IOf U/'e vJ l"'""--.-..--~'--- 1 I' II I I I I L______ '. ';1 ~j f; ., I , .1 , .. . .? . 'iI' ~I.- -__ .~... .1 ~ ....~ -----f ! i I i ' I \ :::11 -~ i ! I I , ' I \, ; 'l...--___._.___ i / \ I / \\ II i \\'\ I i , p-~ \ I - ~~~~--- I l--.-- _.. __ __..___.._______________.. ~ Front 0" \<OCA d -sd~ I ~ I -r," . ....~..,J . ?'~ t "VAI8AD' 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. €S ~ 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 illJill&~~ ~ ._. '-~-~---' ---.-.-- -.-.- - -.- ,.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 _/ LL.,L '-~. -.t \ J { L(. ". '---- BRUC A & DEBORAH PETERSON 15275 FAIRBANKS TRAIL NE C~~19 lA'~7/' jM)..~~2 ../ /1~~_ {. / (../1. I~ ,/,' scon 1', 2 7 f) PRIOR WI~K & ANDREA CARLSON FAIRBANVS TRAIL Nt LM,E. MN 1=,'::, ,'{ 7 ') '~, ',-' '.' ! <.- STEPHEN F & ElIZA8ETH TOWLE 15253 FAIRBANKS TRAIL NE PRIOR lAKE. MN 55372 ..- 4~-r ~ 'A """ -..-II... . ~-L-Y.f' ....... - -, c..,.... '-.. MICHML L. 11 L1! I\NN REICHOW 15249 FAIRBANKS TRAIL NE PRIOR LI',KF. MN 5:-3 U -1 /I ......... /// /, /l /'--{L'C.'t{[[' L___ LEROY & ARLENE MUNSINGER 15257 FAIRBANKS TRAIL NE PRIOR LAKE. MN 553;2 -'" \ )\~ ~,\ ,'. . ' j KRISTIN K COX 4311 UUACKER TRAIL NE PRIOR LAKE. MN 5~372 / \C 1\....\ \\\,,,,- / ~I