HomeMy WebLinkAbout7B - CUP for Ed Vierling
'ZOOlCC-
AGENDA NUMBER:
PREPARED BY:
SUBJECT:
VII-B
HORST GRASER, DIRECTOR OF PLANNING
CONSIDER ORDINANCE 93-16 TO ALLOW SINGLE FAMILY
AS A CONDITIONAL USE IN THE 1-1 DISTRICf AND
CONDITIONAL USE PERMIT FOR ED VIERLING.
JUNE 21, 1993
DATE:
INTRODUCTION:
The Planning Commission held a public hearing on June 3, 1993
and recommended that the City Council adopt proposed Ordinance
93-16 and approve a conditional use permit for Edward Vierling.
See attached Planning Commission minutes dated June 3, 1993 for
details.
The ordinance is proposed to permit single family dwellings as a
conditional use in 1-1 Special Industrial District. This application is
being processed under the requirements outlined in Section 7.9,
regarding amendments. In addition, Mr. Vierling has completed an
application for a conditional use permit to allow a single family
dwelling in an 1-1 Zoning District contingent upon the approval of
the Zoning Code Amendment. While the two applications are
related, a separate motion by the City Council is required for each
item.
BACKGROUND:
In May, 1993, Mr. Vierling met with City Planning Staff to discuss
a variance application for his property. His variance request was to
allow a single family dwelling in an area currently zoned 1-1,
Special Industrial. Staff consulted with attorney, Robert Hoffman
who recommended that the Zoning Code be amended versus
granting a use variance. After consulting with staff, Mr. Vierling
withdrew the variance application and applied for an amendment
to the Prior Lake Zoning Ordinance 83-06.
DISCUSSION:
The City will adopt new standards for the 1-1 District in the near
future. The Planning Commission held a public hearing on on
June 15, 1993, and the recommended standards are proposed to the
Council under a separate agenda item this evening. Once the 1-1
standards are adopted, Mr. Vierling's single family dwelling will
become a legal non-conforming use in the 1-1 District. It is
anticipated that the 1-1 districts located on the Vierling property is
anticipated to be designated a combination of residential and
commercial land use as part of the 20 10 Comprehensive Plan
amendment process. Therefore, this amendment to the code and
4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLDYER
conditional use pennit would be consistent with the future
Comprehensive Plan for this area of the community. This
application process. although cumbersome. provides a limited
window of opportunity for Mr. Vierling to build a house on his
land.
ALTERNATIVES:
1. Approve proposed Ordinance 93-16 to allow single family
dwellings as a conditional use in the 1-1. Special Industrial
District. and approve the Conditional Use Pennit as
requested.
2. Deny the amendment for specific reasons, which would
result in the continued prohibition of single family
dwellings in 1-1. Special Industrial Districts.
3. Continue the public hearing for lack of information or
detail.
RECOMMENDATION: Alternative #1.
ACTION REQUIRED: A motion to adopt Ordinance 93-16 as proposed or changed per
City Council discussion. A separate motion to approve the
conditional use pennit to allow a single family home within the 1-1
Zoning District.
"Z0070R"
CITY OF PRIOR LAKE
Ordinance No. 93-16
AN ORDINANCE AMENDING PRIOR LAKE CITY CODE TITLE 5, CHAPTER 3 ;
AND PRIOR LAKE ZONING ORDINANCE 83-6.
The Council of the City of Prior Lake does hereby ordain the
following sections be amended as follows:
1-1 SPECIAL INDUSTRIAL
Conditional Uses
4. Single-family dwellings.
This Ordinance shall become effective from and after its passage
and publication.
Passed by the City
day of
Council of the
, 1993.
City of
Prior
Lake
this
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the ____ day of
1993.
DRAFTED BY:
Lommen, Nelson, Cole & stageberg, P.A.
1800 IDS Center
Minneapolis, MN 55402
Vote taken signified ayes by Wuellner, Arnold, Greenfield, and Roseth. MOTION CARRIED.
e public hearing was closed at 7:58 P.M.
Public was . ndance and a sign-up
GraSer presented the infonnation Planning Report W2 of June
sekeeping amendment p- Sed in order to bring the Zoning
. 57 Subd. 7 and Subd.8. The purpose of
to the Prior Lake City Code and Zoning
care facilities as permitted and conditional uses
. g Districts.
Comments from the Commiss' ers were on; if neigh were notified on this type of business,
question on pennitted use lower number of children, an
MOTION BY
HEARING
QUESTI
LNER, SECOND BY GREENFIELD, TO
JUNE 17, 1993, AT 9:00 P.M. TO RESEARCH
taken signified ayes by Wuellner, Greenfield, Roseth, and Arnold. MOTION C
ITEM IV - PUBLIC HEARING TO CONSIDER A ZO~~iA~~~tN?
AMENDMENT TA ADD SINGLE FAMU,y RESIDENTIAL AS A U E
WITHIN THE I-I SPECIAL INDUSTRIAL DISTRlCF
The Public Hearing was called to order at 8: 15 P.M. The public was in attendance and a sign-up
sheet was circulated. Mr. Graser presented the infonnation as per the Planning Report #3 of June
3, 1993. The request is unusual as it is seldom done unless to accommodate an individual. MI:
Ed Vierling wishes to construct a single family home in an 1-1 Industrial District of which the
permitted uses are industrial. The property is owned by Mr. Vierling's father, Leo, and wishes to
build on the family land. The process that is being followed is to amend the 1-1 district, introduce
the conditional use for single family home and then consider issuing a permit for a single family
home via the conditional use permit." This is the process recommended by Attorney Robert
Hoffman. This area is proposed to be rezoned residential and neighborhood commercial when
the 2010 Comprehensive Plan is adopted. Thus, this amendment to the code would be consistent
with the future Comprehensive Plan for this area of the community.
The City of Prior Lake is considering locating the Industrial Park in a different location as the
land in this area is not conducive to industrial development and the Industrial Standards are in
the process of being rewritten. When this takes place the application will become a legal
non-confonning use. This application, although cumbersome, provides a limited window of
opportunity for Mr. Vierling to a single family home on his land.
Ed Vierling, 14091 Eagle Creek Avenue NE, stated that .he wanted to build his house on the
family property as his brother has done. Mr. Vierling has tried different locations over the last
year on placement of the house and this seemed the most logical for him. He thanked the
Commissioners for their consideration of the application.
The Conunissioners were all in consensus of the proposal.
PLANNING COMMISSION
June 3. 1993
P3ie2
MOTION BY GREENFIELD. SECOND BY WUELLNER. TO AMEND SECTION 3.2 OF
niB PRIOR LAKE ZONING ORDINANCE 83-06, TO PERMIT A SINOLE FAMILY
DWELLING AS A CONDmONAL USE IN AN 1-1 SPECIAL INDUS1RIAL DISTRICf.
Vote taken signified ayes by Greenfiel~ Wuellner, Arnol~ Roseth. and Lot'tus. MOTION
CARRIED.
MOTION BY WUELLNER, SECOND BY ARNOLD, TO CLOSE TIlE PUBLIC HEARING.
Vote taken signified ayes by Wuellner, Arnold, Roseth, Greenfield, and Loftus. MOTION
CARRIED. Public Hearing closed at 8:27 P.M.
MOTION BY WUELLNER. SECOND BY ARNOLD, TO APPROVE THE CONDmONAL
USE PERMIT FOR nus PROPERTY AS PER APPLICATION, CONTINGENf UPON CITY
COUNOL APPROVAL OF THE AMENDMENT TO THE PRIOR LAKE ZONING CODE
83-6 SECfION 3.2.
Vote taken signified ayes by Wuellner, Arnold, Greenfield, Loftus and Roseth. MOTION
CARRIED.
ITEM V . MIKE BRATTLAND . VARIANCE
Mike Brattlan<L 12914 Abbott Circle, Burnsville, stated he is applying for a variance to bull
orne and requests the Planning Commission to grant a rural area density variance for SE
q of the NW quarter of Section 34, Township 115, Range 22, Scott County. Mr. ttland
felt at building where it was allowed would be in the wooded area and put him from the
road hich would be a hardship for him. He also stated that urban services wo be installed
soon would benefit the City with a shorter installation distance. This ap 'cation would be
consisten 'th the Comprehensive Plan in a few years.
sented the infonnation as per Planning Report #4. e request is to waive the
w 5 units per quarter/quarter section. The 0 . ance is quite clear and only
allows 4 units quarter/quarter section and the applica' n is not consistent with the
Comprehensive Plan.
Mr. Brattland spoke again n the fact that a house . ventually be close to the road after The
Wilds development becomes reality and it could . snow.
Martha Hoover, 15509 Red OakS oad, Pri Lake, stated she is the owner of Parcel F and
wanted to know if the variance is te ould the applicant have a building pennit for the
other half of the lot located in the 0 uarter section. Ms. Hoover felt the area is already
urbanized and when sewer & wate ome . , it would be less costly than installing a septic
system.
Commissioner Loftus co ented on the timing w little premature on the sewer and water
issue and applicant sho wait until the utilities are in ed. Conunissioner Arnold stated the
Zoning Ordinance is uite specific and feels hardship is ot shown but does agree with the
applicant on his ation of the house. Commissioner Gre field also agrees on the logical
location of the ouse but the code does not allow an increase in sity and the hardship criteria
has not met Conunissioner Wuellner outlined the Zonin Ordinance, hardship not
demons ted, and the applicant is a victim of timing and will have to . t until utilities are in.
Co ssioner Roseth concurred with the Commissioners.
PLANNING COMMISSION
June 3. 1993
Page 3
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OJ' 9"1 -~
PIDf~j'~t..- /-1
APPLICATION FOR ro~ITIOW\L USE PEHu'l'
~=~~;,i~~ir~!.k~:t.<:",~ '~N, :=: ~:: :::V~-:~8:f
Property Owner: Ed'UJOlrrl '. V,erl.'...o Bane Phone:
Address: ~ 0..........(', ~ )~)rk Phone:
Consultant: Phone:
Address:
Prop:>sed Conditional Use Address:
Legal Description: '5'~t': A /"-~" ~ '9":'1 e..--
Existing Use of Property:
Property Acreage: ,::), c;-
Conditional Use Being Requested:
<)o.G''-
~
Present ZoningJ ......du.,\ r-",'\)
t::--, tV' d V f/(:Jn e..
I
Deed lestrictions: LN:>
Yes If so, please attach.
Has the Applicant previously sought to plat, rezone, obtain a variance or conditional use
permit on the stt>ject site or any part of it: N:> Yes a:quest:
When:
SJBMISSION REOUIREMENrS: (A)Completed application form. (B) Complete legal description and
parcel identification nl.11Tber (PID). (C) Filing fee. (D)Deed restrictions, if necessary.
(E)Fifteen copies of site plan drawn to scale slx7.r.ring existing/prop:>sed structures.
(F)Additional infonnation as requ~sted by the Planning Director including but not limited
to: existing grades and buildings within 100 feet, drainage plan with finished grade and
relationship to existing water bodies, if any, prop:>sed floor plan with use indicated plus
building elevations, landscape plan with schedule of plantings and screening, curb cuts,
driveways, parking areas, walks and curbing. (G)Certified fran abstract firm the names and
address of property owners within 500 feet of the existing property lines of the subject
property. (H)Application and sutp:>ctive data are due 20 days prior to any scheduled
he ring. .
ONLY <n1R,~ APR.lCATIONS SiALL BE RE.VImID BY THE PLANNIN:; <noo:SSION.
'lb the best of my knowledge the information presented on this foon is correct.
addition, I have read Section 7.5 of the Zoning Ordinance which specifies
requiranents for conditional uses. I agree to provide information and follow
procedures as outlined in the Ordinance.
. "
(JV7tJ ) Ci .J.' _,' ..,
Applicantrligna~,I1 Date
t.jt~v1/i/~L' " ./' ~:(
Fee Owners-"Signa~ Date
'lEIS SECrION ro BE FILLED 00l' BY THE PLANNIN; DlRECroR
In
the
the
~ aJ.1MISSION
CITY <XXm:IL
<DNDITIONS:
APPlUlID
APPROJID
DENIED
DENIED
MTE OF HFARm:;
D!\TE OF HFARIN;
Siqnature of the Planning Director
Date
SURVEY PREPAREO FOR'
ED VIERLING
1409' EAGLE CREEK BlVO.
PRIOR LAI<I!", MH, "372
Valley Surveying Co., P. A,
&uTE 120-<:, I'RANICI.M TRAIl. OFFICI <XlHOOWlUl
MS1l70 'RAHKUH TRAIL s.r,
PRIOR UlCE. "HN!:SOTA "311
TELEPHONE (612) 447-2570
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PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE PRIOR LAKE ZONING
ORDINANCE 83-06
You are hereby notified that a public hearing will be held by the
Planning Commission in the Prior Lake Council Chambers at 4629
Dakota Street S.E. on:
Thursday, June 3, 1993
at
8:15 P.M.
The purpose of the hearin~ is to consider an amendment to Section
3.2 of the Prior Lake Zon1ng Ordinance 83-6 to ~ermit single
familr dwellings as a conditional use in I-I Spec1al Industrial
Distr1cts.
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
Published in the Prior Lake American May 22, 1993, and May 29,
1993.
4629 Dakota 51. 5.E" Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLDYER
"CUD 1 PN"
NOTICE OF HEARING
TO CONSIDER AN APPLICATION
FOR CONDITIONAL USE PERMIT
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:
Thursday, .June 3, 1993 at
8:15 P.M.
PURPOSE OF HEARING:
To consider a Conditional Use Permit for a single
family dwelling in an 1-1 Zoning District.
SUBJECT SITE LOCATION:
14091 Eagle Creek Avenue, Prior Lake. P/O SE 114,
NW 114, Section 26, Township 115, Range 22, see
attached legal description.
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: May 25, 1993
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245