HomeMy WebLinkAbout6 - Selected Shoreland Management Ord. Amendments 91-11 - 91-14
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"ZOOlCC"
AGENDA NUMBER:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
HERITAGE
1891
COMMUNITY
1991
rw=c;e_1"
2Q91
6
DEB GARROSS, ASSISTANT CITY PLANNER
FIRST CONSIDERATION OF SELECTED SHORE LAND
MANAGEMENT ORDINANCE AMENDMENTS 91-11 TO
91-14
OCTOBER 21, 1991
The purpose of this item is to consider four
amendments to the Prior Lake Zoning Ordinance.
The proposed language of each amendment is
attached and identified by Ordinance number.
Each Ordinance represents a separate proposed
amendment however, because they are
interrelated, one discussion has been
scheduled to consider all four amendments.
Each amendment has been distributed to the
Council recently in an informal memo
(September 4, 1991) from city Manager,
Unmacht. Also, the first drafts of these
Ordinances were distributed in an earlier
informal memo dated May 20, 1991.
The proposed amendments relate to lot size and
area restrictions for substandard properties
which are located in the Shoreland District of
Prior and Sprin9 Lakes. The Shoreland
District is compr1sed of all lands located
within 1,000 feet of the ordinary high water
mark of lakes that are classified by the DNR.
The State of Minnesota determined that it is
in the public interest to protect lakes that
are an essential resource for Minnesota.
Shoreland Rules were developed by the state in
the mid 1960's and the DNR is the agency
charged with the responsibility to oversee
the regulatory process. Shoreland management
is implemented when local governments adopt
zoning standards that comply with the
Shoreland Rules adopted by the state.
The general intent of Shoreland Regulations
are to decrease the amount of deve~opment:
increase lot size: and control erOS1on and
vegetation removal in a coordinated attempt to
protect lakes from further degradation caused
by over development. The protection of lakes
4629 Dakota 51. 5.E.. Prior Lake. Minnesota 55372 I Ph. (612) 447-4230 I Fax (612) 447-4245
is an issue that most feel is important
however, the means to accomplish that goal are
often the subject of intense debate. The
problem is that the overall communit~ goal to
protect the lakes is in conf11ct with
individual interests to develop property.
According to the DNR, it is the existing
pattern of development which is a primary
cause of water quality degradation that
negatively affects the entire community.
The city adopted Shoreland Management
regulations in May of 1987 as required by the
DNR. Since that time, the Planning
Commission, City Council, staff and many
residents have struggled with several variance
applications for land uses of substandard
properties. A majority of the lots within the
Shoreland District of Prior and spring Lakes
were platted into very small lots during the
earl~ and middle 1900's. The lot size
requ1rements developed by the DNR are
substantially larger than many of the existing
lots in the community. Therefore, all lots
that do not meet current standards are deemed
to be substandard lots. The intent of the
Ordinance is that substandard lots be combined
wherever possible to create lots that more
closely conform to the new DNR requirements.
The combination of substandard lots has not
occurred in Prior Lake because the City
applies the "Separate Ownership" clause to the
date of building permit instead of the 1987
date that the Ordinance was enacted. This
interpretation provides a loophole that leaves
little leverage for the city to require small
lots to be combined. The subject of heated
debate are variance applications within
developed neighborhoods where the possibility
exists to combine small lots but instead, one
of the lots are sold and the city must review
separate variance applications for one of the
properties. The public reads the Ordinance
and expects that the lot standards adopted in
1987 be applied however, due to the
interpretation and past variance precedent,
the City has little alternative but to grant
some degree of variance for one of the lots
where ownership has been split since the 1987
Ordinance was adopted.
DISCUSSION:
Ordinance 91-11 contains language
substandard lots within the
District. Also attached is a four
related to
Shoreland
page hand
out that includes the language and
illustrations of the proposed amendment.
Research for this amendment was conducted in
January of 1991 at the direction of the city
Council. staff found that approximately 207
properties exist within the Shoreland District
of Prior and Spring Lakes that contain
combined properties that could potentiall~ be
the subject of variance applications to d1vide
and redevelop at a higher density. Of the 207
properties, approximately 22 remain
undeveloped. Staff also contacted several
communities to determine how they deal with
substandard lots of record. with the
exception of Plymouth, the smallest lakeshore
lot size in any of the communities surveyed
was 20,000 square feet and the largest was
60,000 square feet. Prior Lake's current
minimum lot size for a lot of record is 7,500
square feet. Most communities require the
combination of substandard lots under common
ownership and do not grant building permits
unless the lot area is substantially close to
the required minimum lot area requirement. See
memo from Horst Graser to Dave Unmacht dated
February 15, 1991 for results of staff
research on this issue.
The Planning Commission conducted a public
hearing on September 19, 1991 to consider the
proposed amendments. See attached minutes for
reference to this item. six residents attended
the public hearing to express their opinions
on the amendment. Three individuals spoke
against the amendment because they own
property that could not be individually
developed under the language proposed in
Exhibit 1. Some of those residents requested
that adoption of the Ordinance not take place
until 1993, date of Ordinance adoption
required by the DNR. Two residents spoke in
favor of the Ordinance. The Planning
Commission approved Ordinance 91-11 with the
recommendation that it not go into affect
until June 1, 1992. The interim period would
put property owners on notice of the ordinance
and allow some opportunity to sell prior to
the implementation date. Chairman Loftus also
requested that the council re-evaluate the lot
width standard to accommodate Mr. Jerry
Sullivan who owns two large 50 foot lots on
Northwood Road.
In addition to these comments, city Attorney,
Glenn Kessel prepared the language to define
"Same Ownership" in order to clarify that lots
commonly owned by family members are deemed as
lots that must be combined under the terms of
the Ordinance. The following draft language
in Ordinance 91-11 should be inserted at the
end of paragraph B2: "For the purpose of this
section, "Same Ownership" shall mean legal and
or equitable ownership by a single individual:
by a husband or wife, or both if married; or
by a parent or child of an owner, if he/she/
they received their interest in the property
at less than fair market value."
The essence of the concept in
was prepared and discussed
Workshop in April of this
direction, staff has prepared
for your consideration.
Ordinance 91-12 is an amendment to clarify
language that grandfathers "Lots of Record."
The change proposed stipulates that a "Lot of
Record" within the Shoreland District is
subject to special conditions identified in
Ordinance 91-11.
Ordinance 91-11
at the council
year. At your
this Ordinance
Ordinance 91-13 proposes to delete an existing
para9raph in the Zoning Ordinance that is
dup11cated in the Shoreland section of the
Ordinance. The setback average paragraph of
the Shoreland section contains more specific
language and staff feels it appropriate to
delete duplicate paragraph (F) from the Zoning
Ordinance.
Ordinance 91-14 purposes to delete an existing
paragraph from the Shore 1 and section of the
zoning Ordinance relative to administrative
variances for decks within the Shoreland
District. This provision was found in the
state Model Ordinance but has never been
utilized by the city of Prior Lake. The City
desires to review each application for
variance in the forum of a Planning commission
meeting rather than provide administrative
variances. This section has never been
utilized by staff, therefore the
recommendation is to delete the paragraph.
A copy of each exhibit has been forwarded to
the DNR for review and comment. Pat Lynch
responded in a letter dated september 19, 1991
ALTERNATIVES:
RECOMMENDATION:
ACTION REQUIRED:
CITY MANAGER'S
NOTE:
and stated that there are no objections to the
amendments as proposed. However, the language
in Ordinance 91-11 is acceptable at this time,
as it is more restrictive than the current
Ordinance but it is likely that the DNR may
require the City to adopt language consistent
with current state Rules by 1993.
1.
Ap~rove the amendments as outlined in
th1s memo.
Table discussion for further research.
Deny the amendments.
2.
3 .
The recommendation is to approve the
amendments as outlined in attached Ordinance
91-11 through 91-14, with the additional
language for "Same Ownership" as defined by
City Attorney, Kessel. The Planning
Commission recommended that Ordinance 91-11
not go into effect until June 1, 1992.
Although some period of notice may be prudent,
staff recommends that the Council carefully
consider the appropriate length of time. As
for Commissioner Loftus' request to re-examine
the 60' minimum lot width requirement for
division of combined lakeshore properties,
staff would advise the Council that no matter
what the standard, some properties will not
conform to the new regulations. The purpose
of Ordinance 91-11 is to provide a
compromise between the strict requirements of
the DNR and past development standards of this
community.
If it is the decision of the Council to
approve the language proposed in Ordinances
91-11 through 91-14, staff requests a motion
to place the Ordinances on the next Council
regular or consent agenda for formal approval
of the respective ordinances.
The issue of common lot ownership has been a
split decision of the Council since 1987.
Variances, to a large extent, have been
decided on a split vote. Council has always
been sensitive to individual members positions
on this issue. Carol Scott will not be in
attendance at this meeting. If Council agrees
with the action required above then you should
proceed accordingly. If the Council cannot
agree on how to proceed with this discussion,
it is appropriate to wait for Councilmember
Scott to return for discussion at the next
meeting. It is Carol's intention to be here
when the Ordinances are voted on, however the
discussion period may have an impact on the
direction you will take on these amendments
and this is what she will miss.
C I T Y 0 F P RIO R L A K E
4629 Dakota street S.E.,
Prior Lake, MN 55372
Phone , (612) 447-4230 - FAX t 447-4245
INFORMAL MEMO
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"Z09101"
CITY OF PRIOR LAKE
ORDINANCE NO. 91-11
AN ORDINANCE AMENDING PRIOR LAKE CITY CODE AND PRIOR LAKE ZONING
ORDINANCE NO. 83-6.
The Council of the city of Prior Lake does hereby ordain:
Prior Lake City Code section 5-8-3(B) is hereby amended by adding
the following language:
B. Substandard Lot of Record:
1. A Lot of record in the office of the Scott County
Recorder prior to May 4, 1987, which does not meet
the requirements of Section 5-8-3(A) may be allowed
as a building site without a variance from lot size
requirements provided:
a. The use is permitted in the Zoning District.
b. The lot has been in se~arate ownership from
abutting lands at all t1mes since it became
substandard.
c. The lot was created compliant with official
controls in effect at the time.
d. All setback and sewage treatment requirements
of the Shoreland District are met.
e. A substandard water frontage lot with public
sewer shall be a minimum of fifty feet (50')
in width measured at the front yard setback
line and shall have a minimum lot area equal
to or greater than 7,500 square feet.
f. A substandard non-water frontage lot of record
shall be a minimum of fifty feet (50') in
width measured at the front yard setback line
and shall have a minimum lot area equal to or
greater than 10,000 square feet.
2. Lots of record in the office of the Scott County
Recorder on (Date of Ordinance Amendment) 1991,
that individually do not meet the requirements of
Section 5-8-3 (A), are in a group of two or more
contiguous lots, and are under the same ownership,
shall not be considered as separate parcels for the
purpose of section 5-8-3(B) even though one or more
of said lots are subsequently sold. The contiguous
lots must be combined to equal one or more parcels
of land, each meeting the requirements of section
5-8-3(A).
3. variances for Substandard Lots of Record.
a. Any person wishing to develop a substandard
lot of record which does not meet the
standards outlined in section 5-8-3(B)1. ~a)
through (f), may submit a variance applicat10n
to the Planning Commission for review and
consideration.
4. Subdivision of Substandard Lots of Record.
a. Any person wishing to subdivide a parcel of
land consisting of two or more substandard
lots of record into two or more lots which do
not meet the requirements outlined in Section
5-8-3 (A) may submit a variance application
with the subdivision application for review
and consideration. The provisions of this
section shall only apply to lots within the
Shoreland District of General Development
Waters.
The intent of this section is to create lots
that conform, as much as possible, to the
requirements of section 5-8-3 (A) . However,
under limited circumstances which result in
the combination of substandard lots, the
Planning Commission and City Council shall
have the authority to grant a variance of up
to 33% from the lot size and width
requirements found in section 5-a-3(A) for
subdivisions within developed areas provided
that the subdivision results in:
1.
Lots that generall~ conform
and area of ne1ghboring
within a distance of five
(500') of the subject site.
to the width
properties
hundred feet
2.
Minimal
terms of
loss.
3. The resulting building envelope of each
lot is of sufficient size to provide for
a dwelling and garage that require
minimal setback variances from Zoning
Ordinance requirements.
impact to the
grading, tree
environment in
and vegetation
4. No adverse impact upon drainage patterns
of the site or neighboring properties
within a distance of five hundred feet
(500') of the subject site.
5. Adequate access is provided to each lot
from a public road.
Prior Lake zonin9 Ordinance No. 83-6, section 9.3(B), is hereby
amended by add1ng the following language:
B. Substandard Lot of Record:
1. A Lot of record in the office of the Scott County
Recorder prior to May 4, 1987, which does not meet
the requirements of section 5-8-3(A) may be allowed
as a building site without a variance from lot size
requirements provided:
a. The use is permitted in the zoning District.
b. The lot has been in se~arate ownership from
abutting lands at all t1mes since it became
substandard.
c. The lot was created compliant with official
controls in effect at the time.
d. All setback and sewage treatment requirements
of the Shoreland District are met.
e. A substandard water frontage lot with public
sewer shall be a minimum of fifty feet (50')
in width measured at the front yard setback
line and shall have a minimum lot area equal
to or greater than 7,500 square feet.
f. A substandard non-water frontage lot of record
shall be a minimum of fifty feet (50') in
width measured at the front yard setback line
and shall have a minimum lot area equal to or
greater than 10,000 square feet.
2. Lots of record in the office of the Scott County
Recorder on (Date of Ordinance Amendment) 1991,
that individually do not meet the requirements of
section 5-8-3 (A), are in a group of two or more
contiguous lots, and are under the same ownership,
shall not be considered as separate parcels for the
purpose of Section 5-8-3(B) even though one or more
of said lots are subsequently sold. The contiguous
lots must be combined to equal one or more parcels
of land, each meeting the requirements of section
5-8-3(A).
3. Variances for Substandard Lots of Record.
a. Any person wishing to develop a substandard
lot of record which does not meet the
standards outlined in section 5-8-3(8)1. (a)
through (f), may submit a variance application
to the Planning Commission for review and
consideration.
4. Subdivision of Substandard Lots of Record.
a. Any person wishing to subdivide a parcel of
land consisting of two or more substandard
lots of record into two or more lots which do
not meet the requirements outlined in Section
5-8-3 (A) may submit a variance application
with the subdivision application for review
and consideration. The provisions of this
section shall only apply to lots within the
Shoreland District of General Development
Waters.
The intent of this section is to create lots
that conform, as much as possible, to the
requirements of section 5-8-3 (A). However,
under limited circumstances which result in
the combination of substandard lots, the
Planning Commission and City council shall
have the authority to grant a variance of up
to 33% from the lot size and width
requirements found in section 5-8-3(A) for
subdivisions within developed areas provided
that the subdivision results in:
1.
Lots that generall~ conform
and area of nelghboring
within a distance of five
(500') of the subject site.
to the width
properties
hundred feet
2.
Minimal
terms of
loss.
impact to the
grading, tree
environment in
and vegetation
3. The resulting building envelope of each
lot is of sufficient size to provide for
a dwelling and garage that
require minimal setback variances from
Zoning Ordinance requirements.
4. No adverse impact upon drainage patterns
of the site or neighboring properties
within a distance of five hundred feet
(500') of the subject site.
5. Adequate access is provided to each lot
from a public road.
This Ordinance shall become effective from and after its passage
and publication.
Passed by the City council
day of
of the City of Prior Lake this
, 1991.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the
, 1991.
day of
Drafted By:
Horst Graser
Director of Planning
City of Prior Lake
4629 Dakota Street S.E.
Prior Lake, MN 55372
EXISTING REGULATIONS ADOPTED MAY 4,1987
(S) Substandard Lots:
1. Lots of record in the office of the County Register of Deeds lor Registrar
of Titles) prior to May 4, 1987, which do not meet the requirements of
subsection (AI hereof may be allowed as building sites. provided:
a. Such use is permitted in the zoning district;
b. The minimum size and width of substandard water frontage lots with
public seW8f shall be fifty (501 feet in width and seven thousand five hundred
(7,6001 square feet in size;
c. All substandard nonwater frontage lots are buildable. provided that
the minimum lot area is equal to or greater than ten thousand (, 0.000) square
feet;
d. All other sanitary and setback requirements of the Zoning Ordinance
have been met insofar as practicable; and
e. The lot is in separate ownership from abutting lots.
2. Any person wishing to develop a substandard lot of record which does not
meet the standards outlined in items 1 a through e may submit a variance
application to the Board of Adjustment for review and conSideration.
NON-LAKESHORE LOT
LAKESHORE LOT
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50'
..----~
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---- - ~
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* PROBLEM - NO DATE ESTABLISHED IN "SEPARATE OWNERSHIP" CLAUSE.
DNR SHORELAND REGULATIONS THAT CITY MUST
ADOPT BY JANUARY 1993
Substandard Lots:
1. Lots of record in the office of the County Recorder on (Date
of Ordinance Amendment - January 1993) which do not meet the
standard lot size requirements may be allowed as building
sites, provided:
a. The use is permitted in the zoning district;
b. The lot has been in se~arate ownership from
abuttlnq lands at all tlmes Slnce lt became
substandard;
The lot was created compliant
controls in effect at the time,
d. Sewage treatment and setback requirements of the
shoreland ordinance are met.
c.
with
official
Necessary variances from setback requirements must be
obtained before any use, sewage treatment system, or building
permits are issued for the lots. In evaluating all
variances, boards of adjustment shall consider sewage
treatment and water supply ca~abilities or constraints of the
lots and shall deny the varlances if adequate facilities
cannot be provided.
IF IN A GROUP OF TWO OR MORE CONTIGUOUS LOTS UNDER THE SAME
OWNERSHIP. ANY INDIVIDUAL LOT DOES NOT MEET THE STANDARD LOT
SIZE REQUIREMENT, THE LOT MUST NOT BE CONSIDERED AS A
SEPARATE PARCEL OF LAND FOR THE PURPOSES OF SALE OR
DEVELOPMENT. THE LOT MUST BE COMBINED WITH THE ONE OR MORE
CONTIGUOUS LOTS SO THEY EQUAL ONE OR MORE PARCELS OF LAND,
EACH MEETING THE STANDARD LOT SIZE REQUIREMENT AS MUCH AS
POSSIBLE.
Local shore land controls may set a minimum
nonconforming lots or impose restrictions
development.
size for
on their
NON-LAKESHORE LOT
LAKESHORE LOT
90'
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75'
75'
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EXHIBIT 1
"Z09l0l"
[IDrn&~jj
CITY OF PRIOR LAKE
ORDINANCE NO. 91-
AN ORDINANCE AMENDING PRIOR LAKE CITY CODE AND PRIOR LAKE ZONING
ORDINANCE NO. 83-6.
The Council of the City of Prior Lake does hereby ordain:
Prior Lake City Code Section 5-8-3(8) is hereby amended by adding
the following language:
8.
Substandard Lot of Record:
1.
A Lot ot record in the ottice of the Scott county
Recorder prior to May 4, 1987, Which do.. not meet
the requirements of Section 5-8-)(A) may be allowed
as a building site without a variance from lot size
requirements provided:
a. The use is permitted in the Zoning District.
b. The lot has been in se~arate ownership from
abutting lands at all times since it became
substandard.
c.
The lot was created compliant with official
controls in effect at the time.
d.
All setback and sewage treatment requirements
of the Shoreland District are met.
2.
e. A substandard water frontage lot with public
sewer shall be a minimum of fifty feet (50')
in width measured at the front yard setback
line and shall have a minimum lot area equal
to or greater than 7,500 square feet.
f. A substandard non-water frontage lot of record
shall be a minimum of fifty feet (50') in
width measured at the front yard setback line
and shall have a minimum lot area equal to or
greater than 10,000 square feet.
Lots of record in the office of the Scott County
Recorder on (Date of Ordinance Amendment) 1991,
that individually do not meet the requirements of
Section 5-8-) (A), are in a group of two or more
contiguous lots, and are under the same ownership,
shall not be considered as separate parcels for the
purpose of Section 5-8-)(8) even though one or more
of said lots are subsequently sold. The contiguous
lots must be combined to equal one or more parcels
of land, each meeting the requirements of Section
5-8-) (A) .
J.
Variances for Substandard Lots of Record.
a. Any person wishing to develop a substandard
lot of record which does not meet the
standards outlined in Section 5-8-) (8) 1. (a)
through (f), may submit a variance application
to the Planning Commission for review and
consideration.
NON-LAKESHORE LOT
50'
ci
(K
o
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o
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...
NON-LAKESHORE LOT
75'
10,00 . Ft
· Combine as much as possible to equal
Standard Lot Size Requirement.
LAKESHORE LOT
50'
ti
g
g
V')
r-:
-
~~-- -
.... ..... ~
LAKESHORE LCYf
90'
75'
----~_.... ~~~
~_.&_~---
..
~
~
--
4.
Subdlv1alon ot Substandard Lots ot Record.
NON-LAKESHORE LOT
a.
Any person wishing to subdivide a parcel of
land consisting of two or more substandard
lots ot record into two or more lots which do
not meet the requirements outlined in section
5-8-3 (A) may submit a variance application
with the subdivision application for review
and consideration. The provisions of this
section shall only apply to lots within the
Shoreland District of General Development
Waters.
The intent of this section is to create lots
that conform, as much as possible, to the
requirements of section 5-8-3 (A). However,
under limited circumstances which result in
the combination of substandard lots, the
Planning Commission and City Council shall
have the authority to grant a variance of up
to 33\ from the lot size and width
requirements found in Section 5-8-)(A) for
subdivisions within developed areas provided
that the subdivision results in:
50'
ti
~
8
t--
\O~
1.
Lots that generallr conform
and area of nelghboring
within a distance of five
(500') of the subject site.
to the width
properties
hundred feet
2.
Minimal
terms of
loss.
impact to the
grading, tree
environment in
and vegetation
3.
The resulting building envelope of each
lot is of sufficient size to provide for
a dwelling and garage that require
minimal setback variances from Zoning
Ordinance requirements.
r
4.
No advers~ impact upon drainage patterns
o~ t~e sl~e or neighboring properties
wlthln a dlstance of five hundred feet
(500') of the subject site.
Adequate access is provided to each lot
from a public road.
5.
I
.
I
I
LAKESHORE wr
60'
....
60'
l%
8
t--
..c
00' Feet of frontage and
13,400 Sq. Ft. 1b be
eligible for subdivision
with variance.
..;
LL.
50'
50'
..;
LL.
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II')
o
o
-
120' Feet of frontage and
100' of frontage at
ordinary high water mark and
20,100 Sq. Ft. 1b be
eligible for subdivision
with variance.
.... ----/" _1'" _...._
~~-=.. --~
-- .... ~....--....~
"Z09102"
CITY OF PRIOR LAKE
ORDINANCE NO. 91-12
AN ORDINANCE AMENDING PRIOR LAKE CITY CODE AND PRIOR LAKE ZONING
ORDINANCE NO. 83-6.
The council of the City of Prior Lake does hereby ordain:
Prior Lake City Code Section 5-4-1(C) is hereby amended to read
as follows:
(C) A Lot of Record existing on May 7, 1973 (the effective
date of this original Zoning Ordinance) may be used for
the erection of a structure conforming to the use
regulations of the zoning district in which it is
located. (Ord. 84-10) A Lot of Record located within
the S-D Shoreland District is buildable subject to the
requirements of section 5-8-3(B).
Prior Lake Zoning Ordinance No. 83-6, section 4.1(C), is hereby
amended to read as follows:
(C) A Lot of Record existing on May 7, 1973 (the effective
date of this original zoning Ordinance) may be used for
the erection of a structure conforming to the use
regulations of the zoning district in which it is
located. (Ord. 84-10) A Lot of Record located within
the S-D Shoreland District is buildable subject to the
requirements of section 9.3(B).
This Ordinance shall become effective from and after its passage
and publication.
Passed by the City council
day of
of the City of
, 1991.
Prior Lake this
ATTEST:
city Manager
Mayor
Published in the Prior Lake American on the
, 1991.
day of
Drafted By:
Deborah Garross
Assistant City Planner
city of Prior Lake
4629 Dakota street S.E.
Prior Lake, MN 55372
"Z09107"
CITY OF PRIOR LAKE
ORDINANCE NO. 91-13
AN ORDINANCE AMENDING PRIOR LAKE CITY CODE AND PRIOR LAKE ZONING
ORDINANCE NO. 83-6.
The council of the City of Prior Lake does hereby ordain:
Prior Lake City Code section 5-4-1(J) is hereby amended to delete
the following language:
(J) Any principal structure situated on lands conti9uous to
or abutting any portion of the public lakes 1n Prior
Lake shall maintain yard setbacks of seventy five feet
(75') from the lake. Where structures on adjacent lots
have ~ard setbacks different from these requirements,
the m1nimum setback from the lake shall be the average
setback of such adjacent structures to a minimum of
fifty feet (50').
Prior Lake Zoning Ordinance No. 83-6, Section 4.1(J), is hereby
amended to delete the following language:
(J) Any principal structure situated on lands contiguous to
or abutting any portion of the public lakes in Prior
Lake shall maintain yard setbacks of seventy five feet
(75') from the lake. Where structures on adjacent lots
have ~ard setbacks different from these requirements,
the mlnimum setback from the lake shall be the average
setback of such adjacent structures to a minimum of
fifty feet (50').
This Ordinance shall become effective from and after its passage
and publication.
Passed by the City Council of
day of
the City
, 1991.
of
Prior Lake
this
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the
, 1991.
day of
Drafted By:
Deborah Garross
Assistant City Planner
City of Prior Lake
4629 Dakota street S.E.
Prior Lake, MN 55372
"Z09108"
CITY OF PRIOR LAKE
ORDINANCE NO. 91-14
AN ORDINANCE AMENDING PRIOR LAKE CITY CODE AND PRIOR LAKE ZONING
ORDINANCE NO. 83-6.
The council of the City of Prior Lake does hereby ordain:
Prior Lake City Code Section 5-8-3(E)3
delete the following language:
3. within the Shoreland District, decks may be constructed
without variance, provided that:
a. It does not have walls or a roof;
b. It does not exceed the existing structural setback
requirement by more than fifteen percent (15%)
(i.e., thirty foot [30'] maximum for two hundred
foot [200'] setback requirement);
c. There is an evaluation of the property showing that
there is not some other reasonable location for a
deck that would comply with the setback
requirement.
is hereby amended to
Prior Lake zoning Ordinance No. 83-6, Section 9.3(E)3, is hereby
amended to delete the following language:
3. within the Shoreland District, decks may be constructed
without variance, provided that:
a. It does not have walls or a roof;
b. It does not exceed the existing structural setback
requirement by more than fifteen percent (15%)
(i.e., thirty foot [30'] maximum for two hundred
foot [200'] setback requirement):
c. There is an evaluation of the property showing that
there is not some other reasonable location for a
deck that would comply with the setback
requirement.
This Ordinance shall become effective from and after its passage
and publication.
Passed by the City council
day of
of the City of Prior Lake
, 1991.
this
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the
, 1991.
Drafted By:
Deborah Garross
Assistant City Planner
City of Prior Lake
4629 Dakota street S.E.
Prior Lake, MN 55372
day of
PLANNING COMMISSION MEETING MINUTES
SEPTEMBER 19, 1991
PAGE 2
Greater side and front yard variances have been granted in the
past for front yard garages on substandard lots such as this one.
Also the lack of a garage in this climate constitutes a hardship.
Staffs' concerns are the architectural and aesthetic impact of a
detached garage dominating a small substandard lot and urges the
applicant to consider alternate plans. Recommendation from Staff
is to approve the variance application.
Comments from the Commissioners were on future road improvements,
drainage, size of garage and location.
MOTION BY ROSETH, SECOND BY ARNOLD, TO APPROVE A FOUR (4) FOOT
VARIANCE FROM THE EASTERLY 10 FOOT SIDEYARD SETBACK FOR 2875
CENTER ROAD AS SUBMITTED, RATIONALE BEING THAT HARDSHIP IS CAUSED
BY THE SUBSTANDARD LOT, IS IN KEEPING WITH AREA AND WOULD NOT BE
DETRIMENTAL TO THE HEALTH AND WELFARE TO THE NEIGHBORHOOD.
Public Hearin
Lo us.
was called to order at 8:04 P.M. b Chairman
Deb Garross presented the information on four amendments to the
following:
Exhibit I-Amendment to Prior Lake Citr Code Section 5-8-3(B) and
Prior Lake Zonin9 Ordinance 83-6 Sect10n 9.3 (B)-Substandard Lots,
Language to clar1fy the intent of the Ordinance.
Exhibit 2-Amendment to Prior Lake City Code section 5-4-1(C) and
Prior Lake zoning Ordinance 83-6 Section 4.1(J)-Lots of Record,
Change language related to Lots of Record.
Exhibit 3-Amendment to Prior Lake City Code section 5-4-1(J) and
Prior Lake Zoning Ordinance 83-6 Section 4.1(J)-Setback
Averaging, as there are two similar worded para9raphs,
recommendation is to delete one paragraph and reta1n the
Shoreland Management paragraph which is much more specific and a
better definit1on.
Exhibit 4-Amendment to Prior Lake Citr Code Section 5-8-3(E)3 and
Prior Lake Zoning Ordinance 83-6 Sect10n 9.3(E)3-Construction of
decks, language was inadvertently left in when adopted in 1987,
an amendment 1S proposed to delete paragraph which is not allowed
by the City of Prior Lake.
Ms. Garross explained in detail on the proposed amendment for
Exhibit il. When Shoreland Management was adopted the lot size
standards changed to:Lakeshore lots, 15,000 square feet and
non-lakeshore lots 10,000 square feet. DNR did allow Prior Lake
to adopt a substandard lot size as many of the lots were smaller.
The intent of the proposed amendment is to decrease the amount of
building on lakes by combining substandard lots. The
interpretation of the substandard lots regarding common ownership
has been an issue since 1987. This amendment would clarifr that
interpretation. DNR will be implementing new regulatlons in
1993, if the City of Prior Lake does not have an ordinance in
place, the City could be forced to adopt the DNR's regulations
PLANNING COMMISSION MEETING MINUTES
SEPTEMBER 19, 1991 PAGE 3
which would be more restrictive than what is proposed at this
time. Other cities contacted have larger lakeshore lots but have
a more restrictive ordinance than Prior Lake.
A recess was called at 8:34 P.M. Public Hearing was reconvened
at 8:40 P.M.
David Brown, Attorney with Jaspers, Moriarty, & Wahlberg, 206
Scott st., Shakopee, MN, Attorney represented Harold Oellwo Jr.
of 4287 Grainwood Circle objected to the proposed amendment as
his client would lose financially. Suggested that the Commission
wait until 1993 to adopt the amendment.
Larry Schommer, 16588 Ramsey Avenue, stated he has three 50 foot
lots and wants to divide into two lots and is in favor of the
amendment.
Jerry Sullivan, 16063 Northwood Road NW, stated he was told when
he bought two lots that both were buildable but according to the
proposed amendment he would no longer be allowed to build on the
second lot.
Discussion followed by the Commissioners on the pros and cons of
the proposed amendment. Census was that a course of action had to
be taken to clarify the amendment.
Kenneth Lillyblad, 16287 Lakeside Avenue SE, had a question on
lots he owns on Pleasant Street.
BY ROSETH TO RECOMM CITY
HE AMENDED LANGUAGE TO PRIOR LAKE CITY CODE
5-8-3(8) AND PRIOR LAKE ZONING ORDINANCE NO. 83-6 SECTION 9.3(B)
AS OUTLINED IN THE DRAFT MARKED EXHIBIT 1 PRESENTED SEPTEMB~K l~,
1991, ALSO RECOMMEND THAT THIS BE IMPLEMENTED JUNE 1, 1992.
Discussion followed
the C1t. Council be
Sullivan in reqards
50 feet.
Arnold, Roseth, Wells, Kedrowski,
Due to the late hour and there are two remaining items on the
agenda, a recommendation by Mr. Graser stating that Items 4 & 5
be presented after which the Public hearing could be called back
to order. Recess called at 9:40 P.M. Reconvened at 9:42 P.M.
ITEM 4 - GABRIELE FRANKLIN - HOME OCCUPATION
Gabriele Franklin, 15220 Eagle Creek Avenue, stated she is
requesting a home occupation permit to continue a hobby of beaded
earrings, handmade jewelry and Lrtcraft. The business would be
housed in the former Prior Lake Depot building that was moved
onto their property. The studio would be open approximately two
days per week and the traffic would be held to a minimum. Her
orders now are mail order and by invitation only. Ms. Franklin
PHONE NO.
t! STATE OF
~~~~<QJU~
^l DEPARTMENT
METRO WATERS, 1200
772-7910
OF NATURAL RESOURCES
Warner Road, st. Paul, MN 55106
FILE NO
September 19, 1991
!1~r~
S/.;op -' '1;~D
, r;rr; J 1991
''JiirS--'' 'fi:-
, ~ UJr.r:
Ms. Deb Garross
City of Prior Lake
4629 Dakota street SE
Prior Lake, MN 55372
RE: PROPOSED AMENDMENTS TO SHORELAND MANAGEMENT ZONING REGULATIONS
Dear Ms. Garross:
I've received and reviewed your September 4, 1991 correspondence
relative to four proposed amendments to the city of Prior Lake
Shoreland Ordinance, and offer the following for your
consideration.
Regarding setback averaging, allowing setbacks at the average of
structures on adjacent lots to a minimum of 50' should be allowed
only when circumstances would prohibit building at the required 75'
setback, or as close to 75' as possible. If one can reasonably
meet building setbacks, regardless of setbacks of structures on
adjoining properties, then they should do so.
Regarding deletion of the administrative variance language for
decks wi thin the Shore land District, I commend the City for
requiring full review via the hearing process.
The proposed addition to Ordinance 83-6, 4.1 (C) (indicating that
buildability of Lots of Record is subject to conformity to use
regulations of the zoning distr ict in which it is located) is
acceptable.
Finally, the proposed addition of language to section 9.3(B) of
Prior Lake Zoning Ordinance 83-6 is acceptable at this time, as it
is more restrictive than the City's existing regulations. However,
it is likely the DNR will require the City to adopt language
consistent with current state rules when Prior Lake is required to
adopt the new shoreland standards in 1993.
In summary, the DNR has no objectives to the proposed amendments at
this time. I look forward to working with you and Horst in the
coming months to see that the adoption process of the new shore land
standards is a smooth one. -
Sincerely,
Patrick J. Lynch
Area Hydrologist
AN EQUAL OPPORTUNITY EMPLOYER
PUBLIC HEARING
7:45 P.M~ '
EXHIBIT 1 - AMENDEKNT TO PRIOR LAKE CITY CODE SECTION 5-8-3(B) AND PRIOR LAKE ZONING ORDINANCE
83 -6 SECTION 9.3(B) - SUBSTANDARD LOT
EXHIBIT 2 - AMENDMENT TO PRIOR LAKE CITY CODE SECTION 5-4-1(C) AND PRIOR LAKE ZONING ORDINANCE
83 -6 SECTION 4.1(C) - LOTS OF RECORD
EXHIBIT 3 - AMENDMENT TO PRIOR LAKE CITY CODE SECTION 5-4-1(J) AND PRIOR LAKE ZONING ORDINANCE
83-6 SECTION 4.1(J) - SETBACK REQUIREMENTS
EXHIBIT 4
_ AMENDMENT TO PRIOR LAKE CITY CODE SECTION 5-8-3(E)3 AND PRIOR LAKE ZONING ORDINANCE
83-6 SECTION 9.3(E)3 - DECK CONSTRUCTION REQUIREMENTS IN SBORELAND DISTRICT
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MEMORANDUM
DATE:
HISTORY:
DAVE UNMACHT, CITY MANAGER
HORST GRASER, DIRECTOR OF PLANNING
ISSUES RELATIVE TO COMBINING SUBSTANDARDS
LOTS IN THE SHORELAND DISTRICT
FEBRUARY 15, 1991
TO:
FROM:
RE:
In May of 1987, Prior Lake passed the Shoreland Management
Ordinance substantiall~ increasing the standards for shoreland
development. The adoptlon of the Shoreland Management Ordinance
(SMO) was mandated by the DNR who also developed the standards
for the model ordinance. All communities and counties in
Minnesota were or will be required to adopt DNR shoreland
regulations.
We can view this mandating shoreland program as an indication of
land management involvement for the DNR. Prior to 1980 the DNR
was primarily involved in providing access to natural resources
and managing wildlife systems. Today this position has been
elevated to an active management program of our resources.
Apparently the DNR is of the opinion that a proactive position is
necessary to manage the state's resources since cities and
counties have failed to do so. Indications are that the DNR's
new role in land use management to protect water quality will
continue to grow and expand to other resources as well.
The lakeshore management regulations are essentially zoning
restrictions which have their basis and foundation in
hydrological modeling. These standards vary based on the
category of lake. Local communities are then asked to adopt
them. It must be kept in mind that prior to this point in time
local governments have had little or no input. In most cases the
state shoreland zoning standards exceed local land use
regulations. Any time higher land use standards are adopted,
many previously permitted uses are relegated to legal non
conforming uses. In short, the actions of society lag
significantly behind the events that caused the perceived
problem.
DEFINITION OF ISSUE:
The issue this memorandum explores is whether two or more
adjacent and commonly owned lots of record should be combined and
developed as one lot or allowed to be developed as substandard
individual lots. This issue was the subject of considerable
debate during the SMO adoption process. Metro area hydrologist,
Mike Mueller, interpreted Rule 6120.3300 20 for the DNR stating
that substandard lots of record need
ownership at the time of building permit
1988, letter to Mayor Andren). Such an
commit city residents to combining and
lakeshore management district lot sizes.
in force today.
The problems these issues are attempting to address are the
sources of pollution and land use practices that contribute to
the deterioration of water quality and quality of life when it
comes to water related experiences. Attempting to define and
quantify sources of pollution in todays environment is difficult.
What will be even more difficult is changing our land use
practices and way of living to maintain or improve water quality
and env ironment.
only be in separate
appllcation (June 10,
interpretation did not
up~rading substandard
ThlS interpretation is
The substandard contiguous lot issue was the focus of a recent
variance appeal to the City council (VA90-20 Greg Schweich of
Paragon Homes). Several of the neighbors objected to the
lakeshore variance based on the idea that the two contiguous
lakeshore lots should be combined as each separately would
present an inadequate and too small a building envelope.
The direction for this memorandum was one of the outcomes of this
variance hearing. The Council wanted to explore a stricter
interpretation for developing substandard lots of record. A
stricter interpretation would require a group of two or more
contiguous substandard lots under the same ownership to be
combined with one or more conti~uous lots so they equal one or
more parcels of land each meetlng the requirements of the zoning
ordinance as much as possible.
APPLICATION:
In December of 1990 the Planning Department
determine the number and location of two or
of record under common ownership in the
district. The results were unexpected.
conducted research to
more substandard lots
shoreland management
Total number of lakeshore properties
with at least two substandard lots
of record under one ownership. 117
Total number of non lakeshore properties
with at least two substandard lots of
record under one ownership. 83
Total number of lakeshore properties
with a combination of lakeshore and
non lakeshore lots of record under one
ownership 7
Total: 207
Of the 207 properties that would be affected by the application
of a stricter standard only 22 have not been developed. The
undeveloped properties are not concentrated in anyone
neighborhood but are spread throu9hout the shoreland district.
There may be other considerations WhlCh would prevent separation
-..-:.f.":"'"........ _._- -~
of the 22 vacant lot combinations, such as topography or unusual
lot dimensions. However, those types of factors were not
researched. Of the 22 vacant lots, 9 were lakeshore lot
comb inations.
One hundred eighty five properties of the 207 are developed with
structures ranging from new homes to old cabins. If the
structure is removed or demolished from a combination property
than each lot could be developed separately. Time did not permit
us to define this group of combination properties to determine
the potential number of splits. These combination properties
have the following characteristics:
1. "Neste9g Concept" where one or more lots in a homestead
situatlon is held for sale or investment.
2. Properties are combined to form a lot that is developed
with a newer home that because of the sizable investment
cannot be removed.
3.
Properties that have older homes which may
property lines but are candidates for future
as circumstances present themselves.
straddle
demolition
Properties that are developed with cabins or
homes of various ages and structural integrity.
structures ma~ be easily demolished or moved
adjacent lot ln anticipation of a sale.
Demolition or removal of older structures is going to occur more
frequently as vacant lakeshore decreases and the value of
lakeshore increases. In the last 5 years Prior Lake has issued
26 demolition permits to lakeshore properties.
4.
summer
These
to the
Scenarios 1-3 above were difficult to quantify without extensive
research and field checks. However, scenario 4 above, was
quantified using building permits and year built information
which was available in the Prior Lake computer data base and the
least costly method of research. Of the 185 combination
properties, 39 structures were built prior to 1950. Seventeen of
the 39 structures were built prior to 1940. This study assumes
(not verified by field checks) that these are cabins perhaps
subject to demolition. Of the 17 structures before 1940, 11 are
located on lakeshore properties. Most of these structures are
located in Inguadona Beach, Red Oaks, and Point Beautiful
subdivisions.
Of relevance and importance is that 14 combination properties out
of the 185 have structures on them but no building permit record
exists either in Prior Lake City Hall or Scott County. We can
assume that these properties are extremely old and may be subject
to demolition.
Other communities in the metropolitan area have also been
struggling with substandard lots. This study solicited
information from some of these communities to serve as a base of
comparison for possible action. Every community that was
solicited has dealt with or is about to address substandard lots.
A most interesting result was that, with the exception of
Plymonth, the smallest lakeshore lot size in any of the
communities surveyed was 20,000 square feet and the largest was
60,000 square feet. Prior Lake's current lot size 1S 15,000
square feet.
In the City of Minnetonka, the minimum lot size is 22,000 square
feet ~ith no vacant lakeshore lots. They consider substandard
lots to be between 22,000 and 15,000 square feet and be buildable
with variances. Anything smaller does not receive variances.
The City of Chanhassen has a 20,000 square foot minimum lot size.
Their substandard lots must be at least 75\ of the current
standard otherwise they are not buildable.
In the City of Orono, the minimum lakeshore lot size is 1/2 acre.
It is their policy to combine substandard lots by not granting
any variances.
The lot size in the City of Deephaven range from 20,000 to 60,000
square feet. They have not adopted shoreland regulations and
encourage substandard lots to be combined. variances are not
issued to substandard lots.
The Cities of White Bear Lake and Wayzata have adopted shoreland
regulations and interpret them similar to Prior Lake.
The City of Shorewood has a minimum lakeshore lot size of 40/000
square feet. In order for a lot to be buildable it must be at
least 70\ of the size and width of the current requirements or it
is not buildable.
The City of Plymonth has adopted shoreland regulations with a
minimum lakeshore lot size of 15,000 square feet. This community
has adopted provisions for combining substandard lakeshore lots
under one ownership.
Paramount to any action relative to substandard lots is the legal
issue of "taking". Sherri Ulland, Attorney with Lommen, Nelson,
Cole " Stageberg P. A. , researched the "taking" issue. She
concluded that there would be no "taking" since the owners of all
substandard lots will not be deprived of all reasonable use of
their property if they are forced to combine their lots.
Further, she states, that owners will not be able to show a
substantial diminution in value because the property can still be
sold or developed as long as it is combined with one or more
contiguous lots. (memorandum from Sherri Ulland, January 28,
1991) .
Of equal importance on the issue of "taking" is a 1988 court case
in Hennepin County. The City of Shorewood in 1985 enacted a
zoning code change that established an absolute minimum buildable
lot size which 1S 70\ of the current 40,000 square foot standard
or 28,000 square foot. The plaintiffs have owned a vacant 50
foot lakeshore lot (10,950 square foot in area) since 1956, at
which time it was buildable. In 1986 the plaintiffs were denied
a building perait by the Planning Commission and City Council.
The court ruled as follows:
The Court is compelled to the conclusion that there
has been no taking because plaintiffs still enjoy a
reasonable use of their property, the use to
which the property has been put for the last 30
years - swimming, boat storage and dockage, and
access to the lake. Nothlng in the zoning
ordinance prevents plaintiffs from using their
property for the above purposes. continuation of a
present use is a reasonable use even if it may not
be the most profitable use.
IMPACT:
It is impossible for this study to attempt to measure the
these alternatives will have on the problem. Perhaps
absence of quantifiable data, decision makers must look at
alternatives in an abstract way.
The DNR has defined and delineated in a comprehensive way sources
of pollution. Inappropriate land use practices are but a part
of the water quality problem. Based on their knowledge, testing,
and expertise, they have concluded that a stricter land use
practice such as larger lakeshore lots is a positive water
quality management tool.
impact
in the
these
Earlier in this text it was stated that 207 combination
properties exist in the Prior Lake Shoreland District. One
hundred seventeen of these are lakeshore properties.
Theoretically the current zoning code would allow an additional
207 homes to be build, 117 of those could be built on substandard
lakeshore lots. A vast majority of the substandard lakeshore
lots are 50 foot wide and between 7000 to 10,000 square feet in
area. Most of the other cities surveyed do not issue building
permits to lots of that size.
Several months ago, Prior Lake received official notice that
within two years the DNR's latest shoreland regulations must be
adopted. One of the components of the new regulations is the
requirement that substandard lakeshore properties must be
combined. This DNR undertaking has been predictable since local
jurisdictions and their disinterested experts have found little
relevance ir. strengthening the bond with other governments to
collaborate in overcoming uncertainties.
RECOMMENDATION:
staff is inclined to seek whatever
immediately. Water is a common and
community. Its value is being threatened
of common and mutual goals. This threat
should be dealt with as quickly as
shackle the potential of this community.
remedy is available
shared resource to our
along with the security
is not an idle one and
possible so it does not
~
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.... .-.----- --- -~-.-
"ZOOlP1"
HERITAGE
1891
COMMUNITY
1991
1!'/( J:XJ.V'
2q91
NOTICE OF HEARING
TO AMEND THE PRIOR LAKE ZONING CODE
You are hereby notified that the City council will hold a
Hearing in the Prior Lake City Council Chambers at 4629 Dakota
street S.E., on October 21, 1991 at approximately 7:30 p.m.
The purpose of the hearing is to consider a proposed amendment to
the Prior Lake Zoning Code and Zoning Ordinance.
and Prior Lake Zoning
proposed to be amended by
Prior Lake City Code Section 5-8-3(B)
Ordinance 83-6, section 9.3(B) are
adding the following language:
B. Substandard Lot of Record:
A Lot of record in the office of
Reco~der prior to Ma~ 4, 1987, which
requlrements of Sect10n 5-8-3(A) may
building site without a variance
requirements provided:
1.
the Scott County
does not meet the
be allowed as a
from lot size
a. The use is permitted in the Zoning District.
b. The lot has been in separate ownership from
abutting lands at all times since it became
substandard.
c.
The lot was created compliant
controls in effect at the time.
with
official
d. All setback and sewage treatment requirements of
the Shore land District are met.
e.
A substandard water frontage lot with public
shall be a minimum of fifty feet (50') in
measured at the front yard setback line and
have a minimum lot area equal to or greater
7,500 square feet.
sewer
width
shall
than
f.
A substandard non-water frontage lot
shall be a minimum of fifty feet (50')
measured at the front yard setback line
record
width
shall
of
in
and
4629 Dakota 51. 5.E.. Prior Lake. Minnesota 55372 I Ph. (612) 447-4230 I Fax (612) 447-4245
have a minimum lot area equal to or greater than
10,000 square feet.
2. Lots of record in the office of the Scott County
Recorder on (Date of Ordinance Amendment) 1991, that
individually do not meet the requirements of Section
5-8-3 (A), are in a group of two or more contiguous
lots, and are under the same ownership, shall not be
considered as separate parcels for the pur~ose of
section 5-8-3(B) even though one or more of sa1d lots
are subsequently sold. The contiguous lots must be
combined to equal one or more parcels of land, each
meeting the requirements of Section 5-8-3(A).
3. variances for Substandard Lots of Record.
a. Any person wishing to develop a substandard lot of
record which does not meet the standards outlined
in Section 5-8-3(B)1. (a) through (f), may submit a
variance application to the Planning Commission for
review and consideration.
4. Subdivision of Substandard Lots of Record.
a. Any ~erson wishing to subdivide a parcel of land
cons1sting of two or more substandard lots of
record into two or more lots which do not meet the
requirements outlined in section 5-8-3 (A) may
submit a variance application with the subdivision
application for review and consideration. The
provisions of this section shall only apply to lots
within the Shoreland District of General
Development Waters.
The intent of this section is to create lots that
conform, as much as possible, to the requirements
of section 5-8-3 (A). However, under limited
circumstances which result in the combination of
substandard lots, the Planning Commission and City
Council shall have the authority to grant a
variance of up to 33% from the lot size and width
requirements found in section 5-8-3(A) for
subdivisions within developed areas provided that
the subdivision results in:
1.
Lots that generally conform to the width
area of nei9hboring properties within
distance of f1ve hundred feet (500') of
subject site.
Minimal impact to the environment in terms
grading, tree and vegetation loss.
and
a
the
2.
of
3. The resultin~ buildin~ envelope of each lot
is of suff1cient S1ze to provide for a
dwelling and garage that re9Uire minimal
setback variances from Zon1ng Ordinance
requirements.
4.
No adverse impact upon drainage patterns
the site or neighboring properties within
distance of five hundred feet (500') of
subject site.
5. Adequate access is provided to each lot from a
public road.
of
a
the
If you desire to be heard in reference to this matter, you should
attend this hearing. The City Council will accept oral and or
written comments. If you have questions regarding this matter,
contact the Prior Lake Planning Department at 447-4230.
ttJ y0juut~c2J
Deborah Garross
Assistant City Planner
To be published in the Prior Lake American on Monday, October 14
and 21, 1991.
HER/TAGE
/89/
COMMUNITY
1991
1 (X fr;{? 1 '
2Q91
lZ002P1"
NOTICE OF HEARING
TO AMEND THE PRIOR LAKE ZONING CODE
You are hereby notified that the city council will hold a Public
Hearing in the Prior Lake City Council Chambers at 4629 Dakota
street S.E., on October 21, 1991 at approximately 7:30 p.m.
The purpose of the hearing is to consider a proposed amendment to
the Prior Lake Zoning Code and zoning Ordinance.
Prior Lake City Code section 5-4-1(C)
Ordinance 83-6, Section 4.1(C) are
adding the following language:
and Prior Lake Zoning
proposed to be amended by
(C) A Lot of Record existing on May 7, 1973 (the effective date
of this original Zoning Ordinance) may be used for the
erection of a structure conforming to the use regulations of
the zoning district in which it is located. (Ord. 84-10)
A Lot of Record located within the S-D Shoreland District is
buildable subject to the requirements of Section 5-8-3(B).
If you desire to be heard in reference to this matter, you should
attend this hearing. The City Council will accept oral and or
written comments. If you have questions regarding this matter,
contact the Prior Lake Planning Department at 447-4230.
10 J , ( iJ .'" '7 )
~{!t,CY',Ll i >- CL; / ~ C j-,,~
Deborah Garross
Assistant City Planner
To be published in the Prior Lake American on Monday, October 14
and 21, 1991.
4629 Dakota St. 5.E.. Prior Lake. Minnesota 55372 / Ph, (612) 447-4230 / Fax (612) 447-4245
3. The resultin9 buildin9 envelope of each lot
is of suff1cient SIze to provide for a
dwelling and garage that re9uire minimal
setback variances from Zon1ng Ordinance
requirements.
4. No adverse impact upon drainage patterns of
the site or neighboring properties within a
distance of five hundred feet (500') of the
subject site.
5. Adequate access is provided to each lot from a
public road.
If you desire to be heard in reference to this matter, you should
attend this hearing. The City Council will accept oral and or
written comments. If you have questions regarding this matter,
contact the Prior Lake Planning Department at 447-4230.
iJ~Juut~
Deborah Garross
Assistant city Planner
To be published in the Prior Lake American on Monday, October 14
and 21, 1991.
HERITAGE
1891
COMMUNITY
1991
q("Xf.''A? l'
2Q9/
"Z002P1"
NOTICE OF HEARING
TO AMEND THE PRIOR LAKE ZONING CODE
You are hereby notified that the City council will hold a Public
Hearing in the Prior Lake City Council Chambers at 4629 Dakota
street S.E., on October 21, 1991 at approximately 7:30 p.m.
The purpose of the hearing is to consider a proposed amendment to
the Prior Lake Zoning Code and Zoning Ordinance.
Prior Lake City Code Section S-4-1(C)
Ordinance 83-6, section 4.1(C) are
adding the following language:
and Prior Lake Zoning
proposed to be amended by
(C) A Lot of Record existing on May 7, 1973 (the effective date
of this original Zoning Ordinance) may be used for the
erection of a structure conforming to the use regulations of
the zoning district in which it is located. (Ord. 84-10)
A Lot of Record located within the S-D Shoreland District is
buildable subject to the requirements of Section 5-8-3(B).
If you desire to be heard in reference to this matter, you should
attend this hearing. The City council will accept oral and or
written comments. If you have questions regarding this matter,
contact the Prior Lake Planning Department at 447-4230.
~t.)~O'-Gl{ ~JJ{Ci.:-' (jV
Deborah Garross
Assistant City Planner
To be published in the Prior Lake American on Monday, October 14
and 21, 1991.
4629 Dakota St. 5.E.. Prior Lake. Minnesota 55372 I Ph. (612) 447-4230 I Fax (612) 447-4245