HomeMy WebLinkAbout4B - 16575 Inguadona Beach Circle, Case File #97-053
)
I
j
STAFF AGENDA REPORT
AGENDA #:
PREPARED BY:
REVIEWED BY:
SUBJECT:
4B
JENNI TOVAR, PLANNER
JANE KANSIER, PLANNING COORDINATOR
CONSIDER APPltOV AL OF RESOLUTION #97-XX (
OVER TURNING THE DECISION OF THE
PLANNING COMMISSION DENYING A VARIANCE
REQUEST BY BRIAN MATTSON TO THE SIDE
YARD SETBACK FOR DRIVEWAY AND
IMPERVIOUS SURFACE FOR PROPERTY
LOCATED AT 16575 INGUADONA BEACH
CIRCLE, Case File #97-053
DECEMBER 1, 1997
II
DATE:
INTRODUCTION:
The purpose of this item is to consider adoption of
Resolution 97-XX overturning the decision of the Planning
Commission to deny a variance for the construction of a
garage and driveway on property located at 16575
Inguadona Beach Circle. The City Council directed staff to
prepare the resolution after hearing the appeal on
November 17, 1997.
BACKGROUND:
At the November 17, 1997 City Council meeting, staff was
directed to prepare a resolution overturning the decision of
the Planning Commission and approving the req~ested
variances for Brian Mattson. The attached resolution
includes findings as discussed at the meeting. The
conditions included in the resolution are as follows:
1. A revised survey be submitted indicating the changes to
impervious surface as proposed, including removal of
the patio area under the deck;
2. A fence must be constructed along the side property
line (meeting City Code);
3. The applicant agrees to contain the driveway snow on
his property;
4. The DNR must approve a plan to decrease the rate of
run-off with filtering as recommended.
16200 Ifa~lJIC~~~9A~~~t-.~5~~1~~5t~fJ:92~nesota 55372-1714 / Ph. (612) 447-4230 / Fax (61~jg4J7-4245
AN EQUAL OPPORTUNITY EMPLOYER
DISCUSSION:
If the Council feels that the attached resolution and
hardship criteria are not representative of the discussion at
the last meeting, then the necessary changes should be
made.
ALTERNATIVES:
1. Adopt Resolution 97-XX overturning the decision of
the Planning Commission as requested by Brain
Mattson.
2. Defer this action to a date specific and provide the staff
with additional direction.
RECOMMENDATION: Alternative #1.
ACTION REQUIRED: Motion and second adopting the attached Resolution
#97-XX, overturning the decision of the Planning
Commission and approvi the requested variances.
L:\97FILES\97V AR\97-053\97-53CC2.DOC
Page 2
(;eP
7
RESOLUTION 97-XX
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL OVERTURNING THE
DECISION OF THE PLANNING COMMISSION IN THE MATTER OF REQUEST FOR
VARIANCE, CASE NO. 97-053, AND APPROVING A VARIANCE FOR THE
PROPERTY LOCATED AT 16575 INGUADONA BEACH CIRCLE
MOTION BY: SECOND BY:
WHEREAS, the Prior Lake City Council conducted a hearing on the 17th day of
November, 1997, to act on an appeal by Brian Mattson of the Planning
Commission's denial of a request for a driveway setback variance and an
impervious surface variance for property legally described as Lot 29,
Inguadona Beach; and
WHEREAS, the City Council finds that the request for variance meets the standards for
granting variances set forth in Section 5-6-6 (C, 1-4) of the City Code, and
that the appellant has set forth adequate reasons for overturning the decision
of the Planning Commission; and
WHEREAS, the City Council has determined that the Planning Commission's decision
denying the request for variance should be overturned, and said variance
should be approved:
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE:
FINDINGS
1>.,..,~V' .
1. ... Mattson applied for a variance from Sections 5-5-5 F and 5-8-3 B,1 of the Zoning
Code in order to permit a 1 foot side yard setback for a driveway rather than the required 5
foot setback and a 24% variance to permit impervious surface coverage of 54% rather than
the maximum allowed of 30% impervious surface coverage as drawn in Exhibit A on
property located in the R-l (Suburban Residential) District and the SD (Shoreland Overlay)
District at the following location, to wit;
16575 Inguadona Beach Circle, legally described as Lot 29, Inguadona Beach
2. The Planning Commission reviewed the application for variance as contained in Case File
#97-053, held hearings thereon on June 23, 1997 and on October 27, 1997, and denied the
applicant's request.
3. Brian Mattson appealed the decision of the Planning Commission in accordance with Section
5-6-3 (A) of the City Code.
4. The Prior Lake City Council reviewed this appeal on November 17, 1997.
1:\97fi1es\97var\97-053\rs97xxcc.doc Page 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) Ll47-4245
AN EQUAL OPPORTUNITY EMPLOYER
5. The City Council has considered the effect of the proposed variance 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.
6. Approving the variance allows a permitted accessory use, a two-car garage, and access to the
garage, on this property.
7. The proposed variance does not negatively impact light, air or drainage on the site. Snow
storage can occur on the site, and the potential damage to adjacent properties can be avoided
through the use of a fence.
8. The City Council has determined that there are unique circumstances or conditions regarding
the property that are not the fault or cause of the applicants.
9. The City Council has determined literal enforcement of the ordinance will result in undue
hardship, as the applicant's are proposing to meet the building setback requirements and the
proposed variances are unavoidable.
10. The contents of Planning Case File #97-053 are hereby entered into and made a part of the
public record and the record of the decision for this case.
CONCLUSION
Based upon the Findings set forth above, the City Council hereby overturns the decision of the
Planning Commission and approves the requested variances and hereby approves the following
for a proposed detached garage and driveway as drawn in Exhibit A and modified by the
appli~antinltxh~bi\~~LJe.i- Wkf~-h ~ ~ ~"L '1-t--4...
0- ~ I !- S"..e~ ~ n..... ~ I t \...-~ \:V.....- ..
This variance is granted with the following terms and conditions;
,-
1. A revised survey must be submitted, indicating the applicants proposed change an~~
the removal of the concrete patio to decrease the impervious surface to 36.5%. .'f. ~~ .
2. A completely opaque fence, 5 to 6 feet in height and meeting City Code, is to be
constructed between the proposed driveway and the property line to the north,
abutting Lot 26, Inguadona Beach, to contain the applicant's snow within his
property. This fence will be constructed prior to the issuance of a certificate of
occupancy, temporary or permanent, for the proposed garage.
I JJ/ ~ 3. The applicant hereby agrees to keep and store snow from the proposed driveway,
JVfvv especially ~ard, on his property.
~ t...(IV' v--:;) Additional impervIous surface must be diverted to a swale or holding area to
1 rv - decrease the rate of run-off within the property. This diversion is to be appJ~
~~D~b:~$P;::~b:;~~it.;:e::~~ /~ ·
~~~d~~OfDecember, 1997. .... H,.. ~ ·
1:\97 files\97var\97 -05 3 \rs 97xxcc .doc
Page 2
Andren
Kedrowski
Mader
Robbins
Schenck
{Seal}
1:\97 files\97var\97 -05 3 \rs97 xxcc.doc
YES
Andren
Kedrowski
Mader
Robbins
Schenck
NO
City Manager,
City of Prior Lake
Page 3
BRIAN MATTSON
16575 INGUADONA BEACH CIRCLE
PRIOR LAKE, MN. 55372
Valley Surveying Co., f?A.
SUITE /20-C, 16670 FRANKLIN TRAIL
FRANKLIN TRAIL OFFICE CONDOMINIUM
PRIOR LAKE, MINNESOTA 55372
TELEPHONE (6/2) 447-2570
EXHIBIT A
/
/{r
~
tt'
-20
r) ,.:-
L_ \..1
S 890 18'08"e:
103.3 pial
---105.73 meos.--_
Tlu - ~ .~~93~~~~3)
Ci58.9)
940,jl
)
,
VZO" tM"Ll
! ~
I
941.6
(941,9)
,940.2
x
r)o
L_ 0",./
~1.5 f 940.2)
I r.J-Zo
f(zo.. NAP! ~
'"
:,)
1 1.$
- ~
\
I
J_~
o.
"0>
1:0
"'0
01/)
f~
c: ,-..119. 71 moos. ---
.,;1 116.7 plot
946.2. r N 88054' 47"W
FENC E 0.5' EAST
.J
"
v
'"
o
GARAGE SLAB
E'L.94z...01
EXISTING
HOUS E
-.2 ,~
,-I\.)
I
I
DESCRIPTION:
Lot 29, "INGUADONA BEACH", Scott County, Minnesota. Also showing the '.ocation of
the existing imp~ovem~- s and p~oposed addition, this 16th day of ~eb. 1996.
NC~ES' Benchma~k ~~6.15 walkout elevation of the existing house.
Net lot a~ea = 5,607 sq. ft.
946.7
.
DENOTES EXISTING GRADE ELEVATION
~
(940.2) DENOTES PROPOSED FINISHED GRADE ELEVATION
DENOTES PROPOSED DIRECTION OF SURFACE DRAINAGE
SET GARAGE SLAB AT EL. 940.34
SET TOP OF BLOCK OF GARAGE AT EL. 947.B2
Net existing lot cove~age = 28.0 %
P~oposed net lot cove~age = 53.8 %
o
[
SCALE
20
40
1
Revised 5/15/97 To show proposed garage
o. directed by owner.
, hereby certify that this survey was pr,parf!d
by me or under my dirrct supervision and thot
I a,m-" .d~!y licensed land Surveyor under the
,....;". ..., fh.. co.",... ...6 .,:__A....t_
IN
FEET
EXHIBIT A
. CITY OF PRIOR LAKE
. Impervious Surface Calculations
. (To be Submitted with Building Penn it Application)
. For All Properties Located in theShoreland District (SD).
The Maximum Impervious Surface Coverage Permitted in 30 Percent.
. PAGE 2
Property Address \~r;1'5 ~(;Ul\-~'-.3p... e E~\"\- c...~,(~LLE""
Lot AreaS I {PCfl Sq. Feet x 30% = .............., ~B."Z.- 0
********************************************************.***************
HOUSE
LENGTH
.W.~ .,~..
i.1- x
x
WIDTH
'2..~
~.~
=
SQ. FEET
~e,L\ .~...,.^t
4v
=
ATTACHED GARAGE
=
..
DETACHED BLDGS
(Gara~
. . TOT AL PRINCIPLE STRUCTURE...........~...........
fr4>pos-t>P . G,.A-~A-je
. -ZlL x 20
'7- lo . x. t~ .
~2-.(p
L{6o
. 1'20
TOTALDET ACHED BUILDINGS....................... loDD
CONe.. rek (ej..~J..i.~) l7 Y- .2-0 '3~o
DRIVEWAY/PAVED A . AS ~.S x 2.0 = \to
-- .--..
(Driveway.paved or not) ''2.. '-\ x <0 = Vi -z.. Arc. '!~ O...lc... .
. (Sidewalk/Parking Areas) '2..'5 X 8 = '"20
4.?;, ~\"2- Sz.... W\~~
TOTAL PAVED AREAS..................~........................
. P A TIOS/PORCHESIDECKS
(Open Decks W' min. opening between
boards, wIth a pervious surface below;
are not considered to be impervious)
x =
X =
X =
.TOT AL DECKS.........................................................
-I- -z..D
.<0
x e
X qe
:::
\ <00 ... \)~"" A~(__.
-, ol.J-~t"\W'( ~t'.p.\C~
t~
S
3(n
=
TOTAL. OTHER...u;~.............................~.................... ~
TOTAL IMPERVIOUS SURFACE
tiND~..: '. .
. PreparedBy \l c.""" S"R'''1\ "'1 Co" ~ t>-.
Company DA>J ~ ;..~
. . . ... ..... \ .
I 3ol~.o I.
LJ~31..{). I.
.. Date <S - -Z.~1- ~-,
Phone # \..\'-\1- ?..S'7 "0
EXHIBIT B
REVISIONS
/t/,-17f7
~J'7 11 i-Jdf./ti r :
j/k.12 X r( u: ~ r;..prv;o.<!:. (!, Ie" l<rltO--1
DtV"....,.,-J q~ -FOllows. --rh<s.c "'ire" -r
t!'rIJf"'":>c'.:{ ck-ryc~. t>>C/"d.t5<:.. LIIl T~t//~~s
SLf e?.,.., +0 56 ~
~1.A'f"J~ e)( i '3:>-I-ivr:J dr I /JC-
te /hIQ..Ie. .siu<::(
Decree; x t.,)/a..J.t., ,-r drl'tJf:Vd/
-fr,,~ g l ~() '7 /
-fT-oV\.'[
7tO..s- Sj ;c.~ f-
/';;;0
C lL-t- '+ur t1." ~~'-l ~cI Sill {; ,'lit
-Fr~;rr ,,-F ~r~,.!- iy 3'..< ~
~8
60
-"
---
9'73
t)rr1/vt.,c.{ ~r'f/IJ'(~
be CY f:t:i s.e
/'Iew ~~rt.l((l~~
so/~
973
;2 t'/~ ; ~r :5''-?c; ( .2 "~.;j :.:. ::!:;Y;;'7)
~~ }/bIt
~.u..' ~
'/65705- ~o-fQt't:,_~ .
#-' '7'''7'0 '7'?'.....~-- ~. (:;-
4/ - 7'-':5- ? j~cP
q'-r7 4-.-2'1 S-