HomeMy WebLinkAbout7A - Resolution 99-108 - Property at 15311 and 15329 Breezy Point Road
MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
OCTOBER 18,1999
7A
JENNI TOVAR, PLANNER
DON RYE, PLANNING DIRECTOR
PUBLIC HEARING TO CONSIDER APPROVAL OF
RESOLUTION 99-XX DENYING AN ADMINISTRATIVE
SUBDIVISION AND VARIANCES FOR MARY RIXMANN
AND JOHN BOSSARDT ON PROPERTY LOCATED AT 15311
BREEZY POINT ROAD AND 15329 BREEZY POINT ROAD
History: On January 21, 1992, the City Council approved an
administrative land division to split Lot 17, Breezy Point and combine
each portion with the lot across the road. Variances to lot area were
given for Tracts A and B. Attached is the staff report and minutes
pertaining to that request. On September 22, 1999, the Planning
Department received an application from current and different property
owners to re-combine all of Lot 17 into one lot and combine it with
Lots 14 and 15 (15311 Breezy Point Road).
Current Circumstances: John Bossardt purchased 15329 Breezy Point
Road in the summer of 1999. During this time, it was brought to
Rixmann's attention that the Bossardt's did not want to retain their
portion of Lot 17 as part of their purchase. Rixmann's and Bossardt's
then reached an agreement on selling the property. It is the intent of
the Rixmann's to obtain the remainder of Lot 17 to prohibit the
placement of docks and mooring crafts from another property owner.
In order for the City to approve the administrative subdivision, lot area
and impervious surface variances are necessary. Each ofthe lots
involved has an existing structure, and all of the variances requested
are a result of existing conditions on the lots.
The variances requested for the property at 15311 Breezy Point Road
are:
1. A 7.2% impervious surface variance to permit an impervious
surface coverage of37.2%, rather than the maximum permitted of
30%.
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16200 Eagle Creek Ave. S.L, Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
The variances requested at 15329 Breezy Point Road are:
1. A 1,435 square foot lot area variance to permit lot area of 13,565
square feet rather than the minimum required 15,000 square feet.
2. A 0.5% impervious surface variance to allow impervious surface of
30.5% rather than the maximum allowed of 30%.
Administrative land divisions are approved administratively if there
are no variances or if there is no written appeal received within 10
days of notification. Notices of the administrative lot division were
mailed on September 29, 1999 to property owners adjacent to this site.
No written appeals have been received. Notices of the variance public
hearing were mailed to property owners within 350 feet on October 7,
1999. Because there are variances related to the request, approval by
the City Council is required. The City Council has the option of
referring such matters to the Planning Commission for a
recommendation.
Breezy Point was platted in 1923. The property is located within the
R-l (Suburban Residential) and the SD (Shoreland Overlay) districts.
The lots are riparian and there is not a bluff on the site. There are
existing structures on both of the lots. The lots are in separate
ownership.
Lot 17 has been enlarged since the property was platted. A letter was
received on October 8, 1999 from an adjacent property owner relating
to the size of Lot 17 as shown on the survey. There is currently a
private dispute over the ownership ofthis additional property. This
dispute is being resolved in the courts. The position of the City is that
the legal descriptions submitted are consistent with the survey. The
City recognizes Lot 17 has been enlarged since original platting, but it
is not our jurisdiction to approve/assign legal descriptions or
ownership. This is a private property dispute.
Current lot area for 15329 Breezy Point Road is 15,161 square feet
with 30.0% impervious surface. The lot is conforming with all lots
under one PID number. The current lot area for 15311 Breezy Point
Road is 13,680 square feet with 38.4% impervious surface. The lot is
legal non-conforming. The portion of Lot 17 has a separate PID
number.
According to the DNR, the proposal will not affect the number of
docks/mooring crafts permitted on the site. The allowable number is 5
mooring crafts per property regardless of frontage. Exceptions to the
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provision would be under a PUD where the number of crafts/docks is
determined by lake frontage.
The Issues: The following are the criteria which must be used when
considering variance requests:
1. Where by reason of narrowness, shallowness, or shape of a lot,
or where by reason of exceptional topographical or water
conditions or other extraordinary and exceptional conditions of
such lot, the strict application of the terms of this Ordinance
would result in peculiar and practical difficulties or exceptional or
undue hardship upon the owner of such lot in developing or using
such lot in a manner customary and legally permissible within the
Use District in which said lot is located.
Considering Lot 17 is existing and is currently split, each portion is
combined with the lots across the road respectively and cannot be built
upon. Therefore, there is no hardship in denying the variances, as the
lots are unbuildable and there is no denial of reasonable use.
2. Conditions applying to the structure or land in question are
peculiar to the property or immediately adjoining property, and
do not apply, generally, to other land or structures in the Use
District in which the land is located.
The lots in question are peculiar to the property. It is a unique
situation to have lots or portions oflots in common ownership
separated by a platted roadway.
3. The granting of the proposed Variance is necessary for the
preservation and enjoyment of a substantial property right of the
owner.
The variances to lot area and impervious surface are not necessary to
preserve the rights of the property owner. Currently, the existing non-
conforming lot area and impervious surface is "grand-fathered". The
property owners can maintain what they have. Denial of the variances
will not reduce the preservation or enjoyment of a substantial property
right as the owners currently share Lot 17
4. The granting of the proposed Variance will not impair an
adequate supply of light and air to the adjacent property,
unreasonably increase the congestion in the public streets, increase
the danger of fire, or endanger the public safety.
Considering the structures are existing the variances requested will not
impair the factors listed above.
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5. The granting of the Variance will not unreasonably impact on
the character and development of the neighborhood, unreasonably
diminish or impair established property values in the surrounding
area, or in any other way impair the health safety, and comfort of
the area.
The granting ofthe variances will not impact the character of the
neighborhood as the structures and lots are existing. No new structure
can be built upon Lot 17.
6. The granting ofthe proposed Variance will not be contrary to
the intent ofthis Ordinance and the Comprehensive Plan.
The granting of the variances is contrary to the Comprehensive Plan.
The Comprehensive Plan states ''Neighborhoods and other land uses
should be planned and developed in accordance with the
Comprehensive Land Use Plan. Development proposals shall be
thoroughly reviewed and evaluated to determine consistency with City
plans and policies." The variances related to the administrative
subdivision are contrary to the intent of the ordinance. Currently,
15329 Breezy Point Road is conforming with respect to lot area and
impervious surface. 15311 Breezy Point Road is currently non-
conforming with respect to lot area and impervious surface. The
granting of the variance would create non-conformities, which is
contrary to the intent ofthe ordinance. The intent ofthe ordinance is
to obtain compliance while preserving property owner's rights in
grandfathering certain lot aspects such as lot width or lot area.
7. The granting of the Variance will not merely serve as a
convenience to the applicant but is necessary to alleviate a
demonstrable undue hardship or difficulty.
The variances serves merely as a convenience to the applicant.
8. The hardship results from the application of the provisions of
this Ordinance to the affected property and does not result from
actions of the owners of the property.
The variances related to the administrative subdivision are not a result
of actions of the property owners and hardship is a result of the
provisions of the ordinance. There is no possible means to get
complete lot area and impervious surface under 30% on both of the
lots simultaneously.
9. Increased development or construction costs or economic
hardship alone shall not be grounds for granting a Variance.
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FISCAL IMPACT:
ALTERNATIVES:
RECOMMENDED
MOTION:
REVIEWED BY:
There are no financial considerations as a result of this request. The
hardship is caused by conditions on the property and not economics.
Conclusion: Staff recommends denial of the Administrative
Subdivision and requested variance. There is no hardship with respect
to the ordinance. Denial of the variance will deny reasonable use of
the property, as Lot 17 is and will always be unbuildable.
There is no fiscal impact as a result of this proposal.
The City Council has the following alternatives:
1. Adopt Resolution 99-XX denying the requested variances and the
Administrative Land Division. The attached resolution includes
findings of fact related to the variances.
2. Approve the request. In this case, the Council should direct the
staff to prepare a resolution approving this proposal for review and
approval as part of the Consent Agenda at the next Council
meeting.
3. Defer this item and provide staff with specific direction.
Alternative #1. Motion and second to adopt Resolution 99-XX denying
the administrative subdivision with variances.
J
L
/'
Frank Boyles,
C/
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RESOLUTION 99-XX
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL DENYING THE VARIANCES AND THE
ADMINISTRATIVE SUBDIVISION FOR 15311 AND 15329 BREEZY POINT ROAD
MOTION BY:
SECOND BY:
WHEREAS the Prior Lake City Council considered an application for variances and for
administrative subdivision approval to combine Lot 17, Breezy Point with Lots 14 and
15 Breezy Point, on October 18, 1999; and
WHEREAS: notice of the said administrative subdivision and variances has been duly posted in
accordance with the applicable Prior Lake Ordinances; and
WHEREAS: the City Council has reviewed the administrative subdivision and variances according
to the applicable provisions of the Prior Lake Zoning and Subdivision Ordinances and
found said administrative subdivision and variances to be consistent with the
provisions of said ordinances.
FINDINGS
1. Mary Rixmann and John Bossardt have applied for a variances from the Zoning Ordinance in
order to permit the combination of Lot 17 with Lots 14 and 15 Breezy Point on property located in
the R-1 (Suburban Residential) District and the SO (Shoreland Overlay) District at the following
location, to wit;
15311 Breezy Point Road, legally described as Lot 14 and 15, together with that par
of Lot 17, lying westerly of the southerly extension of the westerly line of Lot 13,
Breezy Point, according to the recorded plat thereof, Scott County, Minnesota; and
15329 Breezy Point Road, legally described as the northerly 10.00 feet of Lot 11, all
of Lots 12 and 13, Breezy Point, Scott County, Minnesota, together with that part of
Lot 17, of said plat lying easterly of the southerly extension of the westerly line of said
Lot 13.
2. The City Council has considered the effect of the proposed variances upon the health, safety, and
welfare of the community, the existing and anticipated traffic conditions, light and air, danger of
fire, risk to the public safety, the effect on property values in the surrounding area and the effect
of the proposed variances on the Comprehensive Plan.
3. The denial of the variances and the administrative subdivision will not deny reasonable use of the
properties. There are existing structures on both existing lots. Lot 17 is un buildable due to
elevations and shape, and reasonable use will be maintained as it currently exists.
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
4. The granting of the variances is contrary to the Comprehensive Plan. The Comprehensive Plan
states "Neighborhoods and other land uses should be planned and developed in accordance with
the Comprehensive Land Use Plan. Development proposals shall be thoroughly reviewed and
evaluated to determine consistency with City plans and policies." The variances related to the
administrative subdivision are contrary to the intent of the ordinance.
5. One intent of the Zoning Ordinance is to achieve compliance of non-conformities with all
ordinances over time. The granting of the variances will create additional non-conformities and is
not within the intent of the ordinance.
6. The granting of the variances are not necessary for the preservation and enjoyment of a
substantial property right of the applicant. The variances not serve merely as a convenience to
the applicants, and are necessary to alleviate demonstrable hardship.
7. The contents of Planning Case 99-076 and 99-077 are hereby entered into and made a part of
the public record and the record of decision for this case.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PRIOR LAKE, MINNESOTA, that it hereby denies:
1. An administrative subdivision for the combination of Lot 17 with Lots 14 and 15, Breezy Point.
1. The following variances related to the administrative subdivision on the property at 15311 Breezy
Point Road:
>- A 7.2% impervious surface variance to permit impervious surface coverage of 37.2%, rather
than the maximum allowed of 30%.
1. The following variances related to the administrative subdivision on the property at 15329 Breezy
Point Road:
>- A 1,435 square foot lot area variance to permit lot area of 13,565 square feet rather than the
minimum required 15,000 square feet.
>- A 0.5% impervious surface variance to allow impervious surface of 30.5% rather than the
maximum allowed of 30%.
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_._---'--;;--~-_. -
.. 7- ---
Passed and adopted this 18th day of October, 1999.
YES
NO
Mader Mader
Kedrowski Kedrowski
Petersen Petersen
Schenck Schenck
Wuellner Wuellner
{Seal}
City Manager
City of Prior Lake
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Page 3
15311 and 15329 Breezy Point Road
Site Location
1
""'OR lAKE
1'.. .
o
I
~
N
500
1000 Feet
l'. .
..~& -
. ..... ',' CITY OF PRIOR LAKE ~~~~ @. [g D\~j ~_ ' \',
.' .,' . hnperviotis ~lirf:a~e Ca~cul~tions ~I ;)~"I 1999
. (To be Submitted with Buildmg Pel1ll1t Application) '; I OCT 5 .
.' For All Properties Located in the Shoreland District (S!. )J I. .c___,..'
The' :tvIaximul11 In1p'ervious Surface Coverage Permitted in 3 percent,. .__,......__.__..
I'iopertyf\ddl'essl<?-q II .<B~~l R,""ll<M.J) (%:'-;<;'-;-":J \1<6<- \
LotAre~,' \3.lo<C>O' Sq. Feet x 30~o -:- ............... \:\ \ b4 .
. .', lit * >I< **** * ~** *'" >If >I< * >\4* * *. >I< *** >I< * * * * *** >I< * *** * >I< * * * * * ** >Ii * *** >I< * >I< * * ** * * '" * ** * ** * ** if< *
,',',
LENGTH
WIDTH
. SQ. ,FEET
· HOUSE. ' .
... 'J;. ",
. . ,
....;. ..., .. . . .. . . ..:..
'ATTACHED GARAGE
x
.X
=
X.
=
. . .
totAL PIUNCII)LE STRUCTURE.......:............... . 2,~ll...
',', .
:, DETACHEP BLPCS .'
..' (Garage/Sllcd) . .
X.
. . x
D~\tA\l)P'X'Y?D~lE~
. (Drive\~ay.pilYcd~r not)
. (Slde\~alk/Parkjng Arcas) .
. '. ...,,"
TOTAL DETACHED DUILDINGS..;....................
x =
X =
x;' =
.~~c-r~k:.~r;<<.~.
P A TIOSIPORCHES/DECKS' .
. ,.
'. . - , .
.",'rO'f AL P;.\ YEp AREAStttt...~..~.'.'f.~'...t.,..~......;,.,......... ;,~r'."
foo~...
~;;. ,~~,
x.
.';J!f,t .
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(Opcn Decks 'A" JIlin. opcn'illg betwcen
boards,'wltiln pervioussurracc'belo\v" .
arc not considered to. be impervious) .
X
X
=
. ,
'. '. .' , - -. '.' '. .
,TOTAL'D ECI(S..."... .~.... ,'"" I," I ,t. .., "' t', I II' "t I.... I'~"" II '"
.:\~~.
. .OTHER
,I,
. '" ~{
x.
.X
i'
, , . '~, .
. .' ..
. T01'AL OTHEI{,.... "~,. "...~,.; ""'t".~'~...t"."~" ,...............
. .
. ., " ' .. . h
TOTAI./IMPERVIOp~ SU~ACE c?-2C;:'-l' .1
. . , : '.. "~:I, -: - .
uNDEl~' . . .' ,'. . ltSo' ,.
prepal'ed~~ .. O!'.J0~Gv...._ . .. Dale----10 - \ -'1. "l .
Compa"y ~ tI;\ k'l.. 2S \l R-f e: \\,\~~/" )iA: Phone #-':l41- Z, <?1Q
. . .
. , '. . '. ---~
. . . ....... CITY OF PRIORLAKE . ":;'\ Ii; <S i1i [l ~ \~,JI~:
.: '. .. 'IInpervious Surface 'Calculations' :'\ \ j jr . 'I~I':
' .: . . . .(To be Submittc? with B~i1ding Pennlt Application) ". '. ~~l OCT 5 1999 . .\\1 II
. ." For AU.Prope~ies Located in.the Shoreland District (SDlj.\\ . I~
The :tvlaximulll Impervious Surface Coverage Permitted in 30 a fit..
V~'rC-~ \' .~..'B
'-'" :'-,.. '. "
. . ',. . '. . . , .
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)
. \ , ,
.LENGTH
., WIDtH
. SQ. ,FEET
HOUSE-.
,.'\' ... . ......
...A TT ACHED GARAGE
x..
.X '
x '. ...
=
.',' .
/.L.L{ Ll ~
"PETAC.HEq BLOGS
. . .'. . (Garage/Slled)
:. x.
. . x.
.6~\~~~~~ou~:' A~~'"
',Dl,UVEWAYIPAYEDAREAS. .'
... ..(Driv~'~a~~p~~e~,.()r. not). .
. . (SldewalkiParking Areas)' : ':..,
. ',' "., ,: ..,.. , . "
, :" TOrALDET ACHED BUILDINGS.......;......:........
. X .
. .=
. x .
X:"
:. . ,.:~Il
'.'1'O'f ALPA YED AREAS.....;.;..;.....~..........:.....;.......... ..::i"'.
..:4eL
~,-. ,;,:::,.
FA TIOSfP()RCHES/DECKS-..
x. .'
'~f.... .
.: ,"
'. . (Open I.?ecks. ~" min. openilig between.
.., boards, Wilhil pervloussu'rface belo\v.., '., ...
are not considered to be lmpervlou~)..
. . .
.x'
'. .::~. .
'X. ..
'. .
. . "
. . '. .. .. , . .
>,TOT AL'" D E Cl{S........ '.~.i"'-tt.'. ~'..... tit. ".. ~'.. '~""f1"" ;~.., ..... .
OTHER <:,t)'<'\Lrek
" . . . .~~'"5
. .
. .
", . .
. .
.... x .
..;.'{ :
.. x
/..
",; ,
. '.. ',... '. ... TOTAL OTl;IEH....;.j.;ll..,'.~ll;;....j..;;;.........;.................. .
. .
..... . ., ....,. ... " b'.. ...... ...
'.rOTALIl\1PER VIOPS.. $VIti? ACE
. . C' ..,........ . ..' >~'":'.'''
\ .to~'2.:..
~-
CITY,'OF PRIQRLAKE.
.II11IJCrvious Surface.Calculations .'
. '.' (To be Sublllltted witll Building Pernlit Application) Gel
. .... For AllPrope~ics Located ill the ShorelandDistrict (SD)...
The MaxinlUl'11)mpervious Surface Coverage Permitted in 30 Percent.-
tJF\~\-"~...
...~-. ','
,- \.........,
u,. '... .
.~::.:.~_..
.-- .._-----'
5 19SY3
,",.
Property Add!'es' \ <S~I \ ~.<'<:ez-1~1 ~ ~oc.,Q . (1'<:0 fK'5 J.) ~ f1."~ I)
.. , - . , .
. . . . . ,.,' , '
.. LotArea,\t7~~1 V.' <. Sq.Feet x 30% = :..;;......... ~ <<S'~2 ..e' ..
.*****-********. *********************************************************
.LENGTH
WIDTH
. SQ. FEET
HOUSE
. \
:\ '. .
. .. . . . .
. . . .
. " ".' ,
ATTACHED GARAGE
x
.X
x
TotAL PRINCIPLE STRUCTURE.......;........;..... .
2-14~.
. .. DETACHED BLDGS
(GaragelSlled) '..
x
X. .
.. .
'6.,.~v-4-" V'-~y~ . ~e~~'
DRIVEWA YIPAVED AREAS..
.' (Drive\vay.p'aved or not)
(SldewalklPark;ingAreas) .
. . . . .....TOT AL PAVED AREAS.......;.......~..............;.......... "" \ '-\ ~3.
Qov--~'r~k.(X.'"'~~.~ .
PATIOS/PORCHES/DECKS' x-if/ .
TOTAL DETACHBD BUILDINGS..;....;............... .
x =
X =
X =
(Open Decks W' min. open~ing bctweerl
boards,\vltha pervious surfacebeloiV,
are not considered to. be impervious)
X
=
'x
=
OTHER, .
. .
;TOTAL. D ECl<S..." ....~......... ~ .............. ....;....... .......... .. \.t;; 01 .. ..
x
\ :'f:
=
;.j
. - . \..
.,' T01'AL OTHER.;..~.'..."ttf..~~..t..~".~..t.....,.~.,...,..t.........
TOTAL IMPERVIOUS SUH.FACE I. e:5 ~BL\ '.1
UN~El\!~'< .. . 1\\01.2 I
prepa!'e~~y<()p.,~~V>.>\ .... .... ..... ...... .. . Date . \ 0.-., i- q9. ..
comrrihy~~\\\;\I?~~~Et~JC~.)PA Phorie #-B41- Z?1Q
....Pr+-rc.el-. B
. .
. .
11;"'.
. CITY.'OF PRIOR LAKE . _ _
. . .... IIn pCI'ViO US Sri l'~a~C Calcula tions . l~\[f<:i~l~]~It: _'
. .(To be Subll1ltte~ with Building Pennlt Application) '.\1 Dlf~'-~ . .'
.. ..., Fo~ Al1.Prop'~'rti~s Located in the Shore.Iand I?istt'i~t (SDr/," J 5 Iqoq
The M~Xln1Ul'11 ImpervIOus Surface.Coverage PermItted In 30re,fyentgc, :
. '..."', . . . .. .... ,.' ..'.. '.". ,'. ; J \ \ L . ---..--..
l'iopertyAdc4'ess~'5~~"\ .%...,.,~'1~ \ ",l 1<oA.~ ( &o~n<.~g~n
. .
, " . ~ .
". LotAIea" .\~. ,:S(PcS Sq. Feet. x 30~ "7 .............. L\e) \o~>s
. ""... ",' '.... " ., -, ..... " .
. * ** * *'" * '" ***** '" '" * '" ** >\I ill '" *'" *'" * "'* "'* '" '" * "'* ** '" * * * **"'* * '" * ** * '" * * * * '" *** * *** lie lie lie * * lie itc. .
'. . ." '. - . > '.
.',LENGTH
WIDTH
. SQ. .FEET
: HOUSE. .'
" t, .' . .
'. ~
.: ',,' . ,\ . ,'... . " .- .' .
. ',"ATT ACHED GARAGE ..
,x ..
x
='
x
':;: . '
, ',i '.,
:....,I?EtAC!IEq.BLDGS ..
. . . ,..'(Garage/S~ed).:'
x '..
. x,
'~.' . . '.
." B\~ v-...\ ~c.)~ ' ::.~C\:S
. DRIVEW~X/PAVEDAREAS'..
. .:... . (Driv~'Yay.paved.or not). . ..
'. (~ldewalklPar.~}hg.Ateas)'
TOTAL DET ACHEI) DUILDINGS";".."."",,,,,,,.. .
x
,=
x
=
x ,.
. ='
" " .,'.."..., .... ,.';,", . ':-' .-
.' ... (Open Decksv." mIll; opciling bclWeerl
, . ..' boards,\vlth 'i1:perv1ous surfl\ce below; ..
. :.:' ". arc. riot considered to bo Impervious) .
, , . '- ' " .
x .... .
, . .
. ' . , '. ~
," '--:---
x
=
" '.
. , . ,
'" . ,-' ".,', - .. ,
;TOT AL J) E C](S.... .... ~ ~.~....,,;. ~', ..".. ...., ;',. ,'~n.....,,"~. ,t... II
, ',. ,
" ','.
'.\<O~2'
OTHBR':.
;..
. , . ~. .'
, . TOTAL bTHER......~~,;...;"-~~~.".....~...~.~..."....~,,................
X.
x
=
.,.:.!- .
" ..'
': .
. . ' , : ..... :... ,., .. \"... " .
. TOTAL'IM:(>ERVIOPSSURFACE .. I.. 4\~?
' . .' ........ . ..... Ii,.....:;...
. UNDE~. .... · ... .1 ll>3.~
prepa~e~Cl1i2t'J~~~\".... . ....... .bate":'lb_\ _ ~cy .
Company2il jJ.\ \ E;\,I. 2S \l R~ \~ G)i~ Phone #___~ 41, ~ '710
j .
I
,': .
AGENDA NUMBER:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
HERITAGE
1891
COMMUNITY
1991
CUTJ.Y6l.JV
20)1
7
DEB GARROSS, ASSISTANT CITY PLANNER
CONSIDER ADMINISTRATIVE PLAT AND
APPLICATION FOR HAROLD GUSTAFSON
JANUARY 21, 1992
VARIANCE
The Planning Department has received an
application from Harold Gustafson to divide
his property holdings into two tracts as
indicated on the attached survey. Mr.
Gustafson is the owner of Part of Lot 11, Lots
12 through 15 and Lot 17, Breezy Point.
Proposed Tract A would consist of Lots 14 and
15 and the westerly part of Lot 17, Breezy
Point. This tract contains 10,873 square feet
of lot area above the 904 contour and requires
approval of a 4,127 square foot minimum lot
area variance. Proposed Tract B would consist
of the North 10' feet of Lot 11, Lots 12, 13
and the easterly part of Lot 17, Breezy Point.
This tract contains 14,960 square feet of lot
area above the 904 contour and requires
approval of a 40 square foot minimum lot area
variance. The purpose of this hearing is to
consider the administrative land division and
variance applications outlined above. See
attached application forms and survey for
further reference.
The subject site consists of five lots of
record which, theoretically, are eligible for
building permits. However, the site is
located on a peninsula, surrounded by Prior
Lake. The Lots were originally subdivided in
1923 and are severely substandard by current
zoning regulations. Each lot is approximately
100 feet deep and 50 feet wide. The required
lakeshore setback is 75' feet measured from
the 904 contour. Maximum lot coverage is 30%
percent. The subject site is low and must be
filled and carefully developed in order to
construct homes that comply with the
Floodplain Ordinance. staff has advised the
applicant that a realistic development concept
for the property would be two lots. The
Floodplain Ordinance requires that the lowest
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
DISCUSSION:
building elevation be at 909 and that fill
surrounding the structure be at elevation 908
for a distance of IS' be~ond the structure.
The Floodplain requ1rements preclude
development of each individual lot. In
addition, the 75' setback requirement leaves
no building envelope on either tract.
Therefore, staff suggested that the properties
be combined to create two buildable tracts.
The attached submittal is consistent with the
staff recommendation to the applica~t.
There is one cabin and an existing garage on
the subject site. Mr. Gustaxson has been
approached from a buyer interested in
purchasing proposed Tract B. The site was the
subject of a recent variance application that
was discussed by the Planning Commission on
December 19, 1991. Douglas Thielbar was
granted a 44' lakeshore variance to construct
a single family home on Lot 12 subject to four
conditions: 1. The applicant grant the City
an easement for utility purposes over Lot 17,
as required by the City Engineer; 2. The
variance approval be subject to an approved
administrative land division; 3. The existing
cabin and garage be removed; 4. The applicant
submit a planting plan, acceptable to staff,
indicating where removed trees will be
replaced on the site. The Thielbar's are
interested in purchasing Tract B, once the
administrative land division is approved. The
Planning commission reviewed the variance
application for the home prior to the
administrative land division application only
because the lot proposed to be split is Lot
17, which is not a buildable Lot.
The administrative subdivision and variance
notices were mailed to residents, utility
companies and the DNR. No comments were
received from the public on this issue. The
site has been 100% assessed for all utility
improvements. $357.12 dollars are certified
against 1992 property taxes and a $576.00
dollar balance remains. All assessments will
be retained against PID # 25-026-007-0.
The Engineering Department indicated that
sewer and water service stubs exist in the
Breezy Point road right-of-way to serve each
proposed tract. The owners, at the time of
building permit application will need to show
proposed lot drainage and grade each tract
COMPREHENSIVE
PLAN IMPACT:
ALTERNATIVES:
RECOMMENDATION:
accordingly, prior to issuance of occupancy
permits. There are sewer and water lines
located within Lot 17, Breezy Point for which
the City does not have easements. Therefore,
one condition of approval of the
administrative subdivision should be that the
applicant grant the city an easement to
maintain and repair the utilities over Lot 17.
City staff will prepare the necessary easement
descriptions for the property owner to sign.
The DNR submitted a letter to staff dated
December 31, 1991 stating their objection to
the division of the Gustafson property. The
basis of the objection is that each new tract
will be smaller than the required 15,000
square feet and that each will require setback
variances from the 904 contour.
The proposed tracts, although smaller than
15,000 square feet are substantially larger in
area than the rest of the developed lots
within the subdivision. It is unfortunate
that the underlying plat is inconsistent with
current zoning standards however,' each lot is
of record. Although the proposed division is
not the optimal solution, it is, in staff's
opinion reasonable, considering development
patterns in the neighborhood and the
assessment policy of the City. A setback
variance would be needed for any structure
whether or not the administrative plat is
approved.
The Comprehensive Plan indicates low density
residential use for the site which is
consistent with the proposed subdivision.
1.
Approve the administrative plat and
variance applications as submitted.
Table this item for further research.
Deny the application for specific
reasons.
2 .
3 .
The recommendation from staff is to approve
the administrative lot split and variances as
proposed subject to the condition that the
owner file an easement over Lot 17 for utility
purposes. The rational for granting the
variances is that the hardship is created by
the Ordinance which was adopted after the lots
were subdivided. The combination of
substandard lots of record to create larger
building parcels observes the spirit of the
Ordinance and is reasonable. The resulting
ACTION REQUIRED:
tracts will be substantially
existing developed lots
subdivision. The subdivision
would not be detrimental to the
safety or general welfare.
A motion to approve the administrative plat
and variance is in order.
larger than
within the
and variance
public health,
Minutes of the Prior Lake City Council
January 21, 1992
The next order of business was: Consider Administrative Plat and
Variance Application for Harold Gustafson. Assistant city
Planner Garross presented an overhead map of the area and
discussed Mr. Gustafson's request. Discussion occurred on the
splitting of the lots and the DNR's Shoreland Management
Ordinance rulings in relation to city ordinances. No members of
the audience spoke on this application.
.*
MOTION MADE BY FITZGERALD, SECONDED BY WHITE, TO APPROVE THE
ADMINISTRATIVE PLAT DIVISION AND VARIANCES AS SUBMITTED SUBJECT
TO THE UTILITY EASEMENT ON LOT 17 BEING OBTAINED.
Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott
and White, the motion passed unanimously.
The next order of business was: Finalize Council Workshop Plans.
City Manager Unmacht reviewed the proposed Workshop Agenda and
discussion occurred on details of the agenda. Staff was directed
to finalize plans.
Topics discussed under Other Business is as follows:
City Manager Unmacht reminded Council of the American
Legion's Recognition dinner for the Police on January 22.
City Manager Unmacht discussed the pending sale of Star
Cablevision to D. D. Cable Partners, Inc. and the actions of
staff to process a cable franchise transfer.
It was announced that a meeting to discuss snowmobile traffic
in Prior Lake would be held at City Hall on January 27.
Dennis Leff will conduct the meeting.
Councilmember White complimented staff for their 4th quarter
budget report approved by Council under the consent agenda.
A short recess was called.
The meeting reconvened at 9:00 p.m. for a closed session. The
purpose of the closed session was to discuss Union negotiations
with the Police Department. Present at the meeting were: Mayor
Andren, Councilmembers Fitzgerald, Kedrowski, Scott and White,
City Manager Unmacht, Assistant City Manager Schmudlach, City
Attorney Kessel and Recording Secretary Birch.
Discussion occurred.
The next Council meeting will be Monday, February 3, 1992 at 7:30
p.m.
There being no further business, the meeting adjourned at 10:00
p.m. by general consent of the Council.
Vl J. Unmacht
~~nag~
Dee Blrch
Recording Secretary
'J
PROPOSED LOT LINES,
ADM. LOT SUBDIVISION
PREPARED FOR:
Mary' Rixmann
.1.311 BREEn ','P.DIN., ROAD
;PRIOR. LAKE. 'MN'.:..S372
Valley Surveying Co., P.A.
16670 FRANKLIN TRAIL $.E.
SUITE NO. 230
PRIOR LAKE. MN. 55372
TELEPH.ONE (612) 447.2570
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SCALE IN 'llET
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FJOSTlNO PROPnRTY DBSCR.IPTIONS:
PARCEL A:
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nkn!/on of thl: ~erl,. lin. 01 Lot IJ, BRUy Point, acoordizIllo the re::orded plll
thetfJOf. SeotI CO\ll'lty, MJD-<<a.
ConlalnlllllJ,680 Jq. n. above tlevaliOIl904
rARC!!I.O;
ThenMherly 10,00 redorl.ot Il,all o(Lou IZ and IJ, B~ Point, 3C<l11 County,
MI~.... lovelMT with d.., pu'l otl.ol 11, or said pllllyl_._mrly or the sovtherly
UI~OllOhho WMlftlyline oCMld lflt 13.
Conllin.lnIU.16Iaq.R.lIbov,elcvuivn904
PRoposeD PROrERTYbESCRJPTIONS'
PMeEt A:
1,,,"1" "and" DI P'
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PARCEL B:
, HIott... o::,.rl,... r"~T ...". 1\0104 !.or ....'11. ....,
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MinnlfOt.
COllU.ininIIJY""1,tl.abovoelt....tionlXl4
'11..( NO. 890Q AI(. n4/8J
toi
~r::;~:511
EXISTING LOT LINES
ADM. LOT SUBDIVISION
PREPARED FOR:
Mary. Rixmann
1"311 BREEZY ',P,OINT, ROAD
.PRIOR. LAKE .'MN'.7~!5372
Volley Surveying Co., PA.
16670 FRANKLIN TRAIL S.E.
SUITE NO. 230
PRIOR LAKE. MH. 55372
TELEPHONE (612) 447-2570
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PAACEL/!.:
LOll 1<4 o.nJ B, to,elt- with WI polrt of 1.01 11. Iyln, ....uln-,y or the 'IOl,I~rly
ulen!jon tl( 1M ...-e:ot"'r line of LoI 13. Brr-ezy Point, ICCOl'din. to ~ ~ phI
lhereof,ScOI1Counly,Minnesotl.
C,,"'Jlininal3,UOsq,n.abo\'oelevltioll904
rN!.CEI.D
Thennnherly 10.00 roel orLof 11,.11 or Lob U ."d I). B~ P"inl.3C(1II Calmly,
Minne"flla, IIIB""tu,.,. willt IMl J:'Vl ofLol 17, or~id platlyin, euklly o(tIle JO\Ilhc:rly
ultf\'lionotIhllWf':!ltedylillClor"'idLotlJ.
t:OllltirtinlJ 1~.161 Jq. n.ll:>o..oclcn!ion9G4
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PROPOSED PR.OfER-TY DESCRlP'f10l'4S:
PARCF.LA
t"" l( I~ lnd 11 Dr P i
pit creo
Colltlli"I"II';7ISfq.ft"llboY.clevouol\~
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C('lnuJfl'"I1J..lI\"~!q l'. Above tlev.uioll9lM
FIll NO el)OQ I'll( ;/24JllJ
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. "L ".0
OCT-16-99 03:39 AM
P.01
Douglll B. & Und8 M. Thlelbar
F.x(612)40~-0697
BOnll.l Pbtlnl.l (612) 402.0697
P.O. Box 1106
Prior Lake. MN S.H72
October IS, 1999
Prior Lake City Council Members and City Officials
16776 Fish Point Rd
Prior Lake, MN 55372
RE: Administrative Plat and Variance Hearing for Rixmann and Bossardt
To all concerned:
Douglas and Linda Thielbar-former Owners of Property 15329 Breezy Pt. Rd. Prior Lake would like to offer their
opinion on the Variance Hearing for Rixmann and Bossardt.
We have owned the property since 1991, and sold this year to John Bossardt on August 13th 1999.
We received a call from Suzanne Detlefsen on Thursday October 14th regarding the Variance issue. In the past
Doug and I have had a c;:ouple conversations with the city staff over the best way to utilizo lot 17 of Breezy Point,
As al1lakeshore owners know. parking on these narrow private streets can be int~resting to S8Y the least.
When John Bossardt made it know to us that he was not interested in retaining lot 17, We happened to mention it
to Wa)'lle and Mary Rixmann. Our discussions seemed to always lead us back to the parking and best utilization of
lot 17. Wayne and Mary had expressed interest in purchasing that lot, but because ofa time factor, We could not
accommodate John Bossardts' request of not including it with the purchase of the home.
After reading the City council agenda report dated October 18, 1999, several items of concern seem could be lidded
to improve the quality of the neighborhood.
1.) Rixmanns' intent to prohibit doc:k placement is a concern, but is not the only benefit.
2,) Issues to consider are:
A. All the lots In the neighbor hood are Grand-Fathered in, because of size. 15319 Breezy Point Rd
(J. Bossardt,' property) is the only one that is conforming to today'. standards.
B. Granting this variance would in deed decruse the cODaestion and provide an answer to . future parklDi
situation, with future homeowner to Prior Lake. Currently the homeownQ"s ofthe adjacent property are not
interested nor in a position to purchase the property to enhance there use of the lake.
C. Granting this variance with the intent ofa Comprebensive Plan use would however turn
15329 Breezy Point into a non c;:onforming lot, same as the rest ofllie neighborhood-but give a solution
to a future problem,
D. We feel there is a Hardship issue. Mr. Bossardt is not interested nor in any position with his time to care for
Lot 17. It would be a betterment to the neighborhood in the areas or: Malntenanu. Homeownership,
and future Nelahborhood or Breezy Pt. Rd.
page 1 of2
OCT-16-99 03:39 AM
P.02
page2 of 2
CODc:luslon:
We feel that Rixmanns' and Mr, Bossardt have the best interest of the city and Neighborhood in mind.
That issues of intend go furthor' thlU1 a dock issue.
Th~re is trul)' a hardship for Mr. Bossardt to continue to maintain Lot 17,
Mr. and Mrs. Rixrnann have the interest and the means to truly upgrade the lot for future use to future residence of
Prior Lake.
We are in favor of the variance and would have pursed it ourselves, if we would have had more time.
Thank you.
:2n~d'~ ! ~