HomeMy WebLinkAbout7A - Property at 15322 and 16314 Fish Point Road
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MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
AUGUST 16, 1999
7A
JENNI TOVAR, PLANNER
DON RYE, PLANNING DIRECTOR
PUBLIC HEARING TO CONSIDER APPROVAL OF
RESOLUTION 99-XX APPROVING AN ADMINISTRATIVE
SUBDIVISION FOR JEFFREY AND JACQUELINE DAAS AND
TIMOTHY AND KATHRYN MANNION ON PROPERTY
LOCATED AT 15322 FISH POINT ROAD AND 15314 FISH
POINT ROAD
Historv: The Planning Department received a variance application as
part of an administrative subdivision. The purpose of the
Administrative Subdivision is to change an existing lot line to obtain
clear title on property at 15322 Fish Point Road where an existing
structure is located on the common lot line. The house was
constructed in 1958. The room addition encroaching on the lot line of
the property at 15314 Fish Point Road was constructed some time
after the original house, in the 1970's.
In order for the City to approve the administrative subdivision, lot
area, lot width, impervious surface and side yard setback 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 15322 Fish Point Road are:
1. A 5,538 square foot lot area variance to permit lot area of 9,462
square feet rather than the minimum required 15,000 square feet.
2. A 6.0-foot variance to permit a side yard setback of 4.0 feet rather
than the minimum required setback of 10 feet.
3. A 35-foot bluff setback variance to permit an encroachment of 10
feet into the bluff, rather then providing the minimum required 25-
foot top of bluff setback. Note: this variance is not a result of the
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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
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administrative subdivision and was approved August 9, 1999 by
the Planning Commission.
The variances requested at 15314 Fish Point Road are:
1. A 3,521 square foot lot area variance to permit lot area of 11,479
square feet rather than the minimum required 15,000 square feet.
2. A 3.25-foot lot width variance to permit lot width of 86.75 feet at
the front yard setback, rather than the minimum required 90 feet.
3. A 10% impervious surface variance to allow impervious surface of
40% 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 ofthe administrative lot division were
mailed on July 22, 1999 to property owners adjacent to this site. No
written appeals have been received. However, there are variances
related to the request; therefore approval by the City Council is
required. The City Council has the option of referring such matters to
the Planning Commission for a recommendation.
Because a bluff setback variance not directly related to the
administrative subdivision was also requested, the Planning
Commission heard this request on July 26, 1999. The Planning
Commission directed staff to prepare a resolution granting the bluff
setback variance for adoption on August 9, 1999. As a matter of
convenience, the Planning Commission also heard the variance
requests related to the administrative subdivision application. The
Planning Commission recommended the City Council approve all
of the variances related to the administrative subdivision.
Current Circumstances: Maves Second Addition was platted in 1955.
The property is located within the R-l (Suburban Residential) and the
SD (Shoreland Overlay) districts. The lots are riparian and there is a
bluff on the site. There are existing structures on both ofthe lots. The
lots are in separate ownership.
The Issues: The following are 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
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Page 2
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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.
The lots were platted in 1955, prior to the adoption of the City's
Zoning Ordinance. The lots are existing and the variances to lot area,
lot width, and impervious surface cannot be corrected to be
conforming on both lots simultaneously. The variance to side yard
setback involves an agreeable land sale to correct the encroaching
building. These are exceptional conditions to the granting the
variance. The variance to the bluff is not a hardship as the applicant
can have a deck, of smaller size, without a variance.
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 lot and structures in question are peculiar to the property. The
encroaching structure is not typical oflots within the City. The bluff
on the lot is specific to the property and is found on other lots within
the city, but not all lots and not all-riparian lots.
3. The granting of the proposed Variance is necessary for the
preservation and enjoyment of a substantial property right of the
owner.
Without a variance, the lot line adjustment, for clear title, cannot
proceed and the encroachment remains. The variance to bluff setback
is not necessary to preserve the rights ofthe property owner, as a deck
of smaller size can be constructed on the lot without a variance.
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. The applicant will be improving the
conditions on the property.
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.
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Page 3
The granting of the variances will not impact the character of the
neighborhood as the structures and lots are existing.
6. The granting of the proposed Variance will not be contrary to
the intent of this Ordinance and the Comprehensive Plan.
The granting of the variances is not contrary to the Comprehensive
Plan. The variances related to the administrative subdivision are not
contrary to the intent of the ordinance and the lots and structures are
existing. The variance to the bluff setback is contrary to the intent of
the ordinance, as a legal non-conforming structure will be expanded
and extended.
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.
Without the variance, the lot adjustment cannot occur and
consequently the title situation cannot be remedied. There exists a
demonstrable hardship with respect to the administrative subdivision
variances. The variance to the bluff setback 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 structures were existing on the lot prior to the adoption of the
City's Zoning Ordinance. 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. The variance to
the bluff setback is a direct result of the property owner installing a
patio door in a location not conducive to a deck meeting the setback
requirements.
9. Increased development or construction costs or economic
hardship alone shall not be grounds for granting a Variance.
There are no financial considerations as a result of this request. The
hardship is caused by conditions on the property and not economics.
The DNR has no objections to the request.
Conclusion: The Planning Commission recommends approval of the
variances. Staff also recommends approval of the Administrative
Subdivision subject to the following:
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Page 4
FISCAL IMP ACT:
ALTERNATIVES:
RECOMMENDED
MOTION:
REVIEWED BY:
I. All pertinent documents must be filed with the Scott County
Auditor's Office within sixty (60) days of the date of this approval.
Proof of recording must be submitted to the Planning Department
prior to issuance of a building permit for the proposed deck.
There is no fiscal impact as a result of this proposal.
The City Council has the following alternatives:
I. Adopt Resolution 99-XX approving the requested variances and
the Administrative Land Division. The attached resolution
includes findings of fact related to the variances.
2. Deny Resolution 99-XX. In this case, the Council should direct
the staff to prepare a resolution denying 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.
Motion and second to adopt Resolution 99- XX approving the
administrative subdivision with variances.
anager
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Page 5
RESOLUTION 99-XX
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL APPROVING THE
VARIANCES AND THE ADMINISTRATIVE SUBDMSION FOR 15322 AND 15314
FISH POINT ROAD
MOTION BY:
SECOND BY:
WHEREAS the Prior Lake City Council considered an application for variances and for
administrative subdivision approval for the lot line adjustment of Lot 2, Block
I, Maves Second Lake Addition and Lot 1, Block 1, Maves Second Lake
Addition except the westerly 25.00 feet thereof, on August 16, 1999; and
WHEREAS: The Prior Lake Planning Commission considered an application for variances
related to the administrative subdivision on July 26, 1999 and recommended
the City Council approve the variances; 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. Jeffrey and Jacqueline Daas and Timothy and Kathryn Mannion have applied for a
variances from the Zoning Ordinance in order to permit the lot line adjustment
between properties on property located in the R-1 (Suburban Residential) District and
the SD (Shoreland Overlay) District at the following location, to wit;
15322 Fish Point Road, legally described as Lot 2, Block 1, Maves
Second Lake Addition, Scott County, MN; and
15314 Fish Point Road, legally described as Lot 1, Bloc 1, Maves Second
Lake Addition, Scott County, MN, except the westerly 25.00 feet thereof.
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
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16200 t:agfe Creek At/e. S.E, Prior LaKe, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (61~) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
15322 and 15314 Fish Point Road
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,,' Impervious Surface Calculations
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Planning Case File No.
Property Identification No.
City of Prior Lake
LAND USE APPLICATION
CfI-tJLf~ ~
tf1-0Y ~ - liAR..
16200 Eagle Creek Avenue S.E./Prior Lake; Minnesota 55372-1714 / Phone (612) 447-4230, Fax (612) 447-4245
Type of Application: Brief description of proposed project (attach additional
o Rezoning, from (present zonin~) sheets/narrative if desired)
to (proposed zonin~) see attached
D Amendment to City Code, Compo Plan or City Ordinance
D Subdivision of Land
aAdministrative Subdivision
D Conditional Use Permit
~ Variance Applicable Ordinance Section(s):
D Other:
Applicant(s ):
Address:
Home Phone:
Jeffr~ s. Daas and Jacqueline M. Daas
15322 Fish Point Road
440-1955 Work Phone: 995-8372
Property Owner(s) [If different from Applicants]:
Address:
Home Phone:
Type of Ownership:
Work Phone:
Fee -"-- Contract for Deed Purchase Agreement ----:.
Legal Description of Property (Attach a copy if there is not enough space on this sheet):
see attached
To the best of my knowledge the information provided in this application and other material submitted is correct. In
addition, I have read the relevant sections of the Prior Lake Ordinance and procedural guidelines, and understand that
applications will not be processed until deem complete by the Planning Director or assignee.
7/2/tt1
Date
-, /2./91
Date
TIDS SPACE TO BE FILLED IN BY THE PLANNING DIRECTOR OR DESIGNEE
PLANNING COMMISSION
CITY COUNCIL
.
APPROVED
APPROVED
DENIED
DENIED
DATE OF HEARING
DATE OF HEARING
CONDITIONS:
Signature of Planning Director or Designee
lu-app2.doc
Date
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Attachment to Application of Jeffrey and Jaqueline Daas
for
Variance and Administrative Subdivision
1. Brief description of proposed proiect.
Jeffrey and Jaqueline Daas, owners of 15322 Fish Point Road seek to resolve a boundary
problem and related matters that have arisen with their neighbors Timothy and Kathryn Mannion,
owners ofl5314 Fish Point Road. Additionally, the Daases are seeking a variance to build a
deck.
The boundary problem arose when it was discovered that a fence owned and maintained
by the Daases and a retaining wall at the shoreline of Prior Lake encroach onto the Mannions
property. In order to resolve the matter short of litigation, it has been agreed that the Mannions
will convey to the Daases a portion of the Mannion property consisting of some 437 square feet.
This conveyance will establish a new common boundary between the two properties. The
Mannions will also convey to the Daases an easement for maintaining the Daases fence and to
keep and maintain the retaining wall.
The boundary line adjustment requires an administrative subdivision. A variance is
required due to setback requirements on both lots. A survey showing the proposed new boundary
and containing other relevant information required by the City of Prior Lake is on file with the
City.
2. Legal Descriptions.
I. Existing Legal Descriptions:
Daas: Lot 2, Bock I, MAVES SECOND LAKE ADDITION, Scott County,
Minnesota.
Mannions:
Lot I, Block I, MAVES SECOND LAKE ADDITION, Scott
County, Minnesota, except the westerly 25.00 feet thereof.
2. Proposed Legal descriptions:
Daas: Lot 2, Block I, MAVES SECOND LAKE ADDITION, Scott County,
, Minnesota. ALSO, that part of Lot I, Block I, MAVES SECOND LAKE
ADDITION, Scott County, Minnesota, described as follows: Beginning at
the northeast comer of said Lot I, Block I; Thence S16027'40"W (the
easterly line of said Lot I, Block I, has an assumed bearing ofS90032'-
3"W) a distance of 43.34 feet, thence SI2056'46"W a distance of28.30
feet; thence S00039'18"W a distance of 44.77 feet to the southeast comer
of said Lot 1, Block 1, and there terminating.
Page I of 2
Mannions:
Lot I, Block 1, MAVES SECOND LAKE ADDITION, Scott
County, Minnesota, except the westerly 25.00 feet thereof.
ALSO, excepting that part of Lot 1, Block 1, MAVES SECOND
LAKE ADDITION, Scott County, Minnesota, descnbed as
follows: Beginning at the northeast comer of said Lot 1, Block 1;
Thence S16027'40"W (the easterly line of said Lot 1, Block 1, has
an assumed bearing ofS90032'-3''W) a distance of 43.34 feet;
thence S12056'46"W a distance of28.30 feet; thence south
00039'18''W a distance of 44.77 feet to the southeast comer of said
Lot 1, Block 1, and there terminating.
3. Hardship.
The boundary line adjustment merely seeks to conform the common boundary between the
two parcels to that which was thought to exist for many years. If the subdivision request is not
granted, the parties will be deprived of the natural and longstanding boundary which has been
mutually observed by the Daases and the Mannions. Further, if the agreement between the two
parties cannot be implemented they may have to resort to litigation requesting a court ordered
boundary determination, and damages.
Page 2 of 2
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Consent to Application
for
Administrative Subdivision and Variance
..ll. I 3 1999
We, the undersigned owners of 15314 Fish Point Road, in Prior Lake, Minnesota, hereby
state that we have read and understood the Application for Administrative Subdivision and
Variance, including the attachments thereto, filed by our neighbors Jeffrey and Jaqueline Daas,
owners of 15322 Fish Point Road. We understand that the effect of granting the Application will
be to approve the adjustment of our common boundary line as shown in the survey of Brandt
Engineering which has been filed with the City. Granting the Application will also allow us to
implement the agreement that we have entered into with the Daases concerning the boundary line,
easements for fence and retaining wall maintenance, and the payment of certain sums of money.
We hereby we join and consent to said Application, and request that said Application be granted.
/i/q /tlq
dated:
A:,~4~~~J
Timothy J. 'on
~/{l~;;
t A. M on
dated: 1/ s/ 91
Commissioner Vonhofread the procedures for the public hearing.
~~ A.
7
Case File #99-049 Jeffrey and Jacqueline Daas are requesting the following
variances for the property located at 15322 Fish Point Road: Lot area, side
yard setback, lot width, bluff setback and impervious surface.
Planner Jenni ~ovar presented the Planning Report dated July 26, 1999 o~.~~, the
office of the CIty Planner. .sc:\~!('" ~
The Planning Department received a variance application as Part.o(~:~~1i.:i', . strative
subdivision to change an existing lot line to obtain clear title on p~1>perty ~~1 Fish
Point Road ~here an existing struc~e is located ~n the cO~Q.i1j~~ line. The ';' ,J~ w~~
constructed m 1958. The room addItIon encroaching the.;,lqflme (of property at 15~l~.7'
Fish Point Road) was constructed some time after the" .,c,;" inal h~~~e was built in tlt1;'-
1970's. In. orde~ for th~ City to approve ~he admini~tf"4~ub~i"~~, variances to lot
area, lot WIdth, ImpervIous surface and SIde yard setba~'8~~,e if~essary. Each of the
lots involved has existing structures upon them, and all but':t'~~of the variances being
requested is a result of existing condition, n the lots.
. " . i:~;i>
Staff felt all of the variance hardship criten'i a' ~.,:ll:!tf.t and re~'6:fnmended approval of
the l~t.area~ lot widt.h,. i~pervious surface, at\!.si~rl~~f~~~~-gk:ariances as part of an
admImstratIve subdIVISIon. Staff.recommendetHiemal of the VarIance to bluff setback
because the proposed deck.do~6i'~eet the H~~ship criteria.
:7':;;) '\';\."
Comments from th~?Jju~lic: J;,'Y;'
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Applicant Jeffrey Daas, 153'2~:W1sKpOlIi:dto'ad; explained their deck proposal. The
adjacent neighb9~sJ:1lave no 6bJ~~tions to the proposal. They are trying to improve the
property~a~st~Y:.Wit.funJhe or~fian~~s~
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The pl1blic hearing was closed at 6:45 p.m.
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Com~ifits7from the Cob;l\nissioners:
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Kuykendall:" ,ifF
. The adminis,tr)ltive changes seem reasonable and acceptable.
. The bluffis~e is being addressed. There is no further encroachment.
. Not unreasonable at this point.
Criego:
. Agreed with Kuykendall. This could be a basis for safety with the sliding glass doors.
. The structure is not going any closer to the 904 OHW than the original structure.
. The administrative subdivision is fine.
f:\dept\planning\99files\99plcomm\pcmin\rnn072699.doc 2
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Cramer:
· Concur with administrative changes.
· Can support the bluff setback from a safety perspective. There is no more
encroachment. But having a hard time determining the hardship for a variance.
Vanhor:
· Concur with Commissioners. The hardship criteria has been met.
· The existing structure has no further encroachment.
· The door exists are for safety.
Open Discussion:
Kuykendall felt the applicant mitigated any negative impa,9H,y removing the
space over the porch. </:/
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MOTION BY CRIEGO, SECOND BY CRAMER, RECq,~NDtNG CITY
COUNCIL APPROVE THE ADMINISTRATIVE SUBDMSIQN WITH THE
VARIANCES REQUESTED AND PRESENTED IN THE ST~R.REPORT.
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Vote taken signified ayes by all. MOTIO~(~~~i~:"~>:'j'f> "~/
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MOTION BY CRIEGO, SECOND.BY K~NnALL, ~ffDIRECT STAFF TO
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PREPARE A RESOLUTION:-Al,UOWING A '35 FOOT VARIANCE TO PERMIT AN
ENCROACHMENT INT(iTHE BLUFF OF 10 ImET RATHER THAN THE
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REQUIRED SETBACK~MINIMUM OF 25 FEET;FROM THE TOP OF BLUFF.
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Vote taken signified ayesby',~l(MOTIdl'FeAiooED.
The A~Stf~ii~g'S:Ub4iviSio~:~11,i~& before City Council on August 16, 1999.
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The v3Jjance to the blutt~etback will go before the Planning Commission for their final
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approval on August 9, 1999.
B. Case Fil~s #99.;.037, 038 and 039 Wensmann Realty is requesting a zone
change,'~Qndi(ional use permit and preliminary plat for the project to be
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known ,~(';lynwater 2nd Addition located at west of Fremont Avenue and
the souiIi side of County Road 82.
Planner Jenni Tovar presented the Planning Report dated July 26, 1999, on file in the
office of the City Planner.
Wensmann Realty has applied for a Zone Change, a Conditional Use Permit and a
Preliminary Plat for the property located on the south side of CSAH 82, just west of
Fremont Avenue, south of the entrance to The Wilds, and directly west of Glynwater 1st
f:\dept\planning\99files\99plcomm\pcmin\mn072699.doc 3
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