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Home My WebLink About4E - 1996 Variance Summary Report ... DATE: 4E JENNITOVAR,PLANNER CONSIDER APPROVAL OF 1996 VARIANCE SUMMARY REPORT MARCH 17, 1997 AGENDA # PREPARED BY: SUBJECT: INTRODUCTION: The purpose of this item is to consider the summary of variance activity during 1996. A copy of the summary and report to the Planning Commission are attached to this report. ANALYSIS: At its meeting of Monday, February 24, 1997, the Planning Commission voted to accept the report and transmit it to the City Council with no recommendations for ordinance changes, as staff and the Planning Commission are currently rewriting Zoning Ordinance. Specific discussion at the Planning Commission centered on the reduction of requests from the previous year (about fifty percent). This may be attributed to changes in the ordinance resulting from last year's variance report (1995 requests). Changes were to allow for a 5' side yard setback and the replacement of decks of the same size and location. ALTERNATIVES: 1. The City Council could accept the report without directing further action. 2. The City Council could accept the report and direct further study of zoning ordinance revisions. RECOMMENDATION: Staff recommends Alternative 1 ACTION REQUIRED: s part of the consent agenda REVIEWED BY: Frank rs, Ci ~/ 1:\96files\96sumary\96varcc.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ~A. This is based on the fmdings it does not deny reasonable use of the property. V ote taken signified ayes by Criego, Kuykendall and Stamson. Nay by Wuellner. MOTION CARRIED.. -- Chairman Criego explained the appeal process. 5. Old Business: REVISED 1996 VARIANCE SUMMARY Planner Jenni Tovar presented the staff report. The Commissioners discussed hardships and interpretations of reasonable use. MOTION BY WUELLNER, SECOND BY ST AMSON TO RECOM1-1END TO CITY COUNCIL THE PROPOSED REPORT. ote taken signified ayes by all. MOTION CARRIED. 6. New Business: 7. Announcements and Correspondence: . Don Rye reported an applicant proposing to build a strip mall off Franklin Trail. . Discussed supporting rationale statements with every motion. . Discussed shoreland areas. 8. Adjournment: MOTION BY CREIGO, SECOND BY ST AMSON, TO ADJOURN THE MEETING. The meeting adjourned at 7:55 P.M. Donald Rye Director of Planning Connie Carlson Recording Secretary MN022497 {PAGEj PLANNING REPORT AGENDA ITEM: SUBJECT: PRESENTER: PUBLIC HEARING: DATE: 1996 VARIANCE SUMMARY REWP RT JENNI TOVAR, PLANNER 0 YES ---X- NO-N/A FEBRUARY 24,1997 INTRODUCTION: The purpose of this item is to provide the Planning Commission with information regarding 1996' s variance activity. It is hoped that this information will give the Commission information which will be useful in evaluating new variance requests, and also in evaluating the possible need for changes in the City's zoning ordinance. DISCUSSION: The following table is a summary of variance activity for 1996 and a comparative of the previous years activity. OHWL Setback Front yard setback Side yard setback County road setback Impervious surface Rear yard setback Accessory buildings Lot size Height Lot Width Driveway setback Sign Temporary building 24% 20% 15% 15% 12% 5% 5% 2% 2% o o o o .....<.995 NlImberpercellt 14 18% 16 20% 23 29% o 10 13% 3 4% 1 1% 5 6% o 4 5% 2 2% 1 1% 1 1% 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Number of Applications Number of Requests Requests Approved Requests Denied Requests Withdrawn Requests Appealed Appeals Overturned Number Lots in SD Number of Riparian Lots 27 41 25 61% 8 24% 6 15% 8 1 20 14 .lil:II::I::::::I::llillill:::I:I:II:li.l.I~llllll:illlilli:l:l:::il:lilll:llllllilllilil 43 88 61 69% 24 27% 3 4% 2 o 31 22 Note: If an applicant requested a variance and the Planning Commission approved a reduction of the original request, then it is represented as one approved request and one denied request in the tables. In 1995, there were 6 requests the Planning Commission approved as less than what the applicant had originally asked for, and in 1996 there was only l. The nature of the requests for variance is probably very familiar to the Commission, and similar to previous years. Ordinance number 96-12, approved 5-20-96, permits a 5' side yard setback on substandard lots, and also allows for reconstruction of existing decks without variances. Many of the requests in 1995 were for side yard setbacks on substandard lots or involved an OHWL setback variance to replace a deck. These changes to the ordinance have greatly reduced the number of variance requested. VARIANCE HARDSHIP STANDARDS While the current variance criteria have been a part of the City Code and Zoning Ordinance since 1983, they have not been a part of the review process until 1995. The criteria are the same for each request and substantiate the legal grounds for granting or denying variances on a case by case basis. 1. Literal enforcement of the Ordinance would result in undue hardship with respect to the property. This criteria goes to whether reasonable use can be made of the property ifthe Ordinance is literally enforced. The hardship resulting from literal enforcement of the ordinance is identified. 2. Such unnecessary hardship results because of circumstances unique to the property. Unique circumstances consider conditions of the property and not the owner. Conditions such as lot size, lot dimensions (length, width, and shape), topography, wetlands, trees, lakes, and other factors specifically related to the property itself are considered. 3. The hardship is caused by provisions of the Ordinance and is not the result of actions of persons presently having an interest in the property. Hardship created by the applicant is not a grounds for granting a variance (such as design of the proposed structure or changes to the topography). The shape and width of the lot and location of the existing structures may be hardships over which the applicant had no control. It is common, that the lot and dwelling may have been existing prior to the adoption of the Zoning Ordinance. 4. The variance observes the spirit and intent of this Ordinance, produces substantial justice and is not contrary to the public interest. The intent of the ordinance is examined, and considered in relation to the request. Also, adjacent properties may be considered as not be contrary to the existing conditions of the neighborhood or public interest. Variances granted prior to 1995, didn't specifically address these criteria and a motion, rather than a resolution, was the documentation of action taken. The following is a sample of rationale used for granting variances: · The topography of the land necessitates a deck, will not interfere with the private space of adjoining areas and is not detrimental to the health and welfare of the neighborhood; · The lot is substandard, variances are reasonable, the hardship was not created by the applicant, and the variances would not be detrimental to the health and welfare of the neighborhood. · Hardship is caused by the lot being a substandard lot and the development practices of a former government. · The home was built before the highway was constructed, the highway location created a hardship for improvements to the property and the redesign of the structure would not be detrimental to the health and welfare of the community. · The small size of the lot is a hardship and the variance is consistent with variances granted in the Grainwood neighborhood and would not infringe on the health and welfare of the community. · The lot is substandard, hardship is not the result of the applicant since the parcel was platted in 1927 and annexed into the City of Prior Lake in 1975, it observes the spirit and intent of the ordinance and would not be contrary to the public interest. · The lot is substandard, hardship is apparent due to topography and it is not detrimental to the general health and welfare of the community or out of character with the neighborhood. · It is consistent with the neighborhood and would not be detrimental to the health and welfare of the community. · There is a precedent for granting 50 foot variances in the Grainwood area and it would not be detrimental to general health and welfare to the community. As the city proceeds to review the zoning ordinance and prepares a draft modified zoning ordinance, which will be completed in the first half of 1997, changes to zoning ordinance as a result of variance activity should be taken into consideration then. There appears to be no ordinance currently beiing enforcedresulting in an extreme number of variance requests at this time that would require a change in the ordinance before the complete revision. Therefore, changes to the current ordinance are not recommended, as they can be considered in the re-write. AL TERNA TlVES: 1. Accept the report and direct that it be transmitted to the City Council for information. 2. Accept the report, direct that the report be transmitted to the City Council for information, and direct further study of possible ordinance revisions in response to the report. ACTION REQUIRED: A motion accepting the report, and directing further action revising the if appropriate. _I Brian & Marilyn Carlson . 2 Y2' Variance to permit 71h.' sideyard setback. Denied johil Schiffman -- - - - - - -; - 80'V ;.ra;ce-to peffilit 70' <fIfWL setback-from Howard iake~ - -Denied - - - - - - -- Gene -& Colleen Tremaine- -; -9~ -; Varlan"Ce to- pe~it 153~" fronty~d ;etback.- --- - - - - --- -Approved - - - - -- . 2' Variance to permit 8' sideyard setback. Approved . 7% Variance to permit 37% impervious surface coverage. Approved . 2,303 Sq. foot vanance to permit 5,198 sq. foot lot. Approved -------- --------------------------------------------------------------------------- 96-020 Richard & Julie Warner . 5' Variance to permit 5' sideyard setback. Approved -------- --------------------------------------------------------------------------- 96-022 John Schoeller . 35' Variance to permit 15' setback from HWY. 13. Approved -~------- --------------------------------------------------------------------------- 96-023 Thomas & Cheryl Vidmar . 51h.' Variance to permit 41h.' sideyard setback. Withdrawn . 5' Variance to permit 20' front yard setback. Withdrawn . 55' Variance to permit 45' OHWL setback. Withdrawn -~------- -------------------------------------- ----------------------------------- 96-026 Muriel Rounavar . 17W Variance to permit 37' OHWL setback (instead of 54Y2' Denied with averaging). . 5' Variance to permit 20' front yard setback. Denied --------- ---------------------------------------------------------------------------- 96-027 Cooperative Power Assn. . 25' Variance to permit 60' height for utility poles. Approved -~------- ---------------------------------------------------------------------------- 96-030 Robert Ostdiek . Variance to permit a pole building in the R-l district. Approved --------- ---------------------------------------------------------------------------- 96-031 Andrew Siebenaler . 5W Variance to permit 191h.' front yard setback. Approved --------- ---------------------------------------------------------------------------- 96-032 Michael Leitchman . 25' Variance to permit 60' front yard setback from centerline of Approved CRI2. . 14 ' Variance to permit 11' rearyard setback. Approved ---------------------------------------------------------------------------- Thomas Mansk . 35' Variance to permit a 40' setback from OHWL. Approved ~--------------------------------------------------------------------------- Dave Smith . 18' Variance to permit 67' front yard setback from centerline of Approved Spring Lake Road. . 5' Variance to permit 20' rearyard setback. Withdrawn --------- ---------------------------------------------------------------------------- 96-041 Elmer Clarke . 7' 9" Variance to permit 2' 1" sideyard setback. Denied . 28' Variance to permit 47' OHWL setback. Approved 96-003 -------- 96-015 -------- 96-017 -~------- 96-035 --------- 96-040 --------- ---------------------------------------------------------------------------- 96-048 Michael Sorenson . 10' Variance to permit 15' front yard setback. Approved ..:.:>>n:::~:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:. ~r!\!d&fftftmr~rr~r :::'NUMDeII::::::: ~:~:~:~:~:~:~:~:~:~:r~:~:::~:~:~:~:~t:~:}~:~;~:~:}~:;:~:~:~:~: :\}f)rtfffft~(.:.:.:.:.:.:.:.:.:.:.:.: 96-067 Eagle Creek Villas . 3' Variance to permit 22' front yard setback. Approved 9~068---- ~~~~~~~~~======== ~=!~=~~~E~~~P~~~~=~~~~Y~~~~~============== ~~~~======== %-=oii---- Dave Smith . 5% Variance to permit 35 % impervious surface coverage. Withdrawn 96-=080-- - - - AdrTa;-&" Robyn- Porter - - -;- - 22'V arTan~e iO-pemi"it 53'- Fi-orrtyar-dsetbock from- ce;te~ITn~ -of -Approved -- - --- CR81. 9~0~-----Rkh~d&-S~rryCro~---;--19'V;~nce~pe~t5~O-HWLsctbock~--------------De~ed-------- 96-=082- - - - -Chad-&" Tina Pavek - - - - - -;- - 22' v arTanceto- permit 63' fronty~d setback fro~- cente~lfne -of -Approved - - - - -- Northwood Road. . 1.6% Variance to permit 31.6% impervious surface coverage. Approved 9~0~-----DoMfdKempcr--------;--6~"-YmGnretoperrn~4'T'~dey~dsctbock~------------De~~~------- Council Approved 96-=086- - - - - juTIe &- Pa~f Yrtreness - - - -;- -19.68'- -Yariance - to- permit -59-:-23' - frontyar-d - setback -from -Approved - - - - -- centerline of Spring Lake Road. 9~098-----Benson&-Y~rl~g------;-7'varianceto-~rmUl~fro;~a~sefuack--------------Approved------ 9~U4-----No~m-C~~k-Hom~---;--5'VMi~cetopermU2~fro~~a~sefuack--------------Ap~oved------ . 53' Variance to permit 22' OHWL setback. Denied . 35' Variance to permit 40' OHWL setback. Approved . 7.8% Variance to permit 37.8% impervious surface coverage. Denied 9~UO-----Vaughlliemke--------;-32'v;iance~pe~t4fO-HWLsctbock~--------------Ap~oved------ . 40 Sq. Foot variance to permit 872 sq. foot detached garage. Denied 9~U5-----&e;en~KailiySe;cik---;--lmpe~~~s~~fuceco~;agewria~~~-----------------WTthdrnwn----- 1:/96files/96sumary /96varsum .doc 1995 VARIANCE SUMMARY FILE APPLICANT VARIANCES REQUESTED APPROVED! RES. NO. NUMBER . DENIED .. V A95-0 1 Carter D. Narveson 1. 5.57' East side yard Approved CC95-26 3845 Green Heights Trl. 2. 16.65' front yard setback Approved SW 3.53% impervious surface coverage 39% approved 4.3' West side yard setback Denied 5. 1,029.75 sq. Ft. Accessory structure Denied V A95-02 Jeff Bonneau 1. 5' East side yard Approved None 2. 5' West side yard Approved 3. 21' front yard for cantilever; 13' for garage Approved 4. 44% impervious surface coverage 36% approved 5. lakeshore Approved V A95-03 Howard and Deirdre Olson 1. 9.6' side yard Approved None 2. 56' lakeshore Approved V A95-04 Prior Lake Development 1. Variance from Section 4.1 0 to permit a temporary clubhouse Approved None V A95-05 Ken Scherer 1. 17' front yard setback Approved None 2. 9' northerly side yard setback V A95-06 New Horizon Child Care Variance to permit a fence in the front yard Approved V A95-07 John Mahoney 1. Lot area of7,5I2.5 Approved 9506PC 2. 33.4% impervious surface coverage V A95-08 H & H Land Development 52' lot width for Lot 9, Block 1, Windsong on the Lake 2nd Addn Approved CC95-I4 V A95-09 Laurence Schommer Lot width and area variances for administrative land division Approved None V A95-1O James L. McCarty Lakeshore setback of24' Approved None V A95-11 Tim and Janet Brockhouse 1. 6' side yard setback Denied 9517PC 2. 21' front yard setback V A95-I2 McKnight & Associates 1. 17' front yard setback Approved 9518PC 2. 20 foot lakeshore setback Approved 3. 32.9% impervious surface coverage Approved V A95-13 Prior Lake Development 1. 12' lot depth variance for Lot 1, Block 1, the Preserve Approved CC95-47 V A95-14 Bruce Von Drashek 69' lakeshore setback for deck Withdrawn 14144 Orchard Cir. V A95-15 Kim Kraus 1. 2'.side yard setback for driveway Approved 9509PC 2. 9' side yard setback for addition Approved 3. 35% impervious surface coverage 32% approved 9SV ARSUM.DOC/RML 1995 VARIANCE SUMMARY FILE APPLICANT VARIANCES REQUESTED APPROVED/ RES. NO. NUMBER DENIED V A95-16 David and Shirley Gengler 1. Impervious surface coverage of 35% Approved 9514 PC V A95-17 Gerald and Kris Ziskovsky 1. 17' and 60' front yard setbacks for construction of a deck. Approved 9510PC V A95-18 Michael Snodgrass 7.75' side yard variance for a deck Approved 9511 PC VA95-19 Hew R. Cooper 17' front yard setback for garage addition Approved 9513PC V A95-20 Douglas Maxwell 1. 3.5' side yard Denied 2. 10' rear yard Approved 3. 49% impervious surface coverage 45% approved V A95-21 Craig Anderson 1. 5' side yard setback for new house/garage Approved 9515PC V A95-22 Steven and Susan Burdick 1. 6' side yard on North Approved , 9516PC 2. 20.5' rear yard 3. 40% impervious surface coverage V A95-23 ISD 719, Storage Building 25' front yard setback Withdrawn, as NA plan was redone to comply V A95-24 Robert and Shirley Thielen 1. 2' front yard setback on the South Approved 9520PC 2. 21' front yard setback on the North Approved 3. 25' lakeshore setback Approved (all for proposed additions) V A95-25 Ron and Kim Anderson 1. Lot area of 6,516 square feet Approved 9526PC 2. 20' front yard setback variance Approved 3. 44' lakeshore setback 48' approved 4. 5' side yard on the West Approved 5. 42% impervious surface coverage 33% approved V A95-27 Ron Ceminsky 1. 6' side yard for garage addition Denied CC95-107 V A95-28 Thomas Borger 1. 18' front yard for garage Approved 9527PC V A95-29 Fairview Hospital and Sign variances Ord. amend. Healthcare Services request withdrawn V A95-30 Michael and La Von 1. 19' front yard Approved 9529PC Mrugala 2. 60' lakeshore Approved 3. 30.8% impervious surface coverage Denied 95V ARSUM.DOC/RML 2 1995 VARIANCE SUMMARY FILE APPLICANT VARIANCES REQUESTED APPROVED! RES. NO: NUMBER DENIED V A95-31 Elmer Clarke 1. 2.1' South side yard Denied 2. 46' lakeshore setback V A95-32 Jerry Halliday 1. 5' South side yard Approved 9532PC 16604 Inguadona Beach Cir. 2. 20' front yard Approved 3. 46' lakeshore setback Approved (All for additions) V A95-33 Vaughn and Henriette 1. 7.5' East side yard Approved 9533PC Lemke 2. 49' lakeshore Approved 14472 Shady Beach Trl. (living and garage additions) " V A95-34 Paul Knudsen 1. 45' lakeshore setback for a deck Approved 9535PC 5714 Fairlawn Shores Trl. S.E. V A95-35 Adelle Phillips 1. 49' lakeshore for replacement of existing deck Approved 9534PC 5470 Fairlawn Shores Trl. S.E. V A95-36 Steve Skaja 1. 4' East side yard Denied 4664 Dakota St. S.E. 2. 7' West side yard 3. 8' front yard (all for a deck) V A95-37 Timothy Becker 1. Denied Lot 19, TWIN ISLES V A95-38 Christopher Pearson 1. 7.38' West side yard Denied 9538PC V A95-39 Delores Hayes Lot width and area as part of an administrative land division Approved CC95-104 4230 Quaker Trl. V A95-40 Thomas Sylvester Lot width and area as part of an administrative land division Denied 4031 Roanoke V A95-41 Wilderness Ponds Approved CC95-17 V A95-42 Guy and Mary Selinske 1. 3' side yard for parking or drive aisle in Business Park Approved 9540PC 5418 Cottonwood Ln. S.E. V A95-43 William and Ellen Hackett 1. 4.5' side yard on the West Approved 9603PC 3508 Sycamore Trl. 2. 5.5' side yard on the East Approved 95V ARSUM.OOCIRML 3 1995 VARIANCE SUMMARY FILE APPLICANT VARIANCES REQUESTED APPROVEDI RES. NO. NUMBER DENIED V A95-44 Brian and Marilyn Carlson 1. 7.38 West side yard Denied 2. Lakeshore " 95V ARSUM.DOCIRML 4