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Home My WebLink About4I - 16697 Inguadona Beach. Case File #96-098 / -' " ST AFF AGENDA REPORT AGENDA #: PREPARED BY: REVIEWED BY: SUBJECT: DATE: 41 JENNI TOVAR, PLANNER JANE KANSIER, PLANNING COORDINATOR CONSIDER EXTENSION OF TIME TO ACQUIRE APPROPRIATE PERMITS FOR VARIANCE APPROVED OCTOBER 1997 FOR KEL VIN RETTERATH ON BEHALF OF DAVID YEARLING AND KARLYNN BENSON ON PROPERTY LOCATED AT 16697 INGUADONA BEACH, Case File #96-098 DECEMBER 15, 1997 INTRODUCTION: The purpose of this item is to consider a 90 day extension on the one year requirement to obtain necessary permits for a front yard setback variance granted on October 28,1 997 by the Planning Commission. The applicant applied for a building permit on November 12, 1997. This is more than one year after the variance was granted, and the building permit was denied. The variance is to allow a front yard setback of 18 feet rather than the required setback of 25 feet. The proposed construction consists of a two car garage and living area above the garage. There is no garage on the lot. The Planning Commission felt hardship was present with respect to the property. The OHW setback was 75 feet when the variance was approved. The attached resolution, which was recorded by the property owner, states that the variance will be null and void the necessary, requires, or appropriate permits are not obtained within one year of approval of the variance. A notice reminding the property owner of the deadline was not sent. The applicants contend they were unaware of the deadline, and have stated if they had known about the deadline they would have applied for the permit earlier. L:\96FILES\96V AR\96-098V A \EXTREO,DOC Page 1 16200 Eagle Creek Ave. S.E., Prior Lake. M.innesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTL;NITY EMPLOYER BACKGROUND: Section 5-6-8 of the City Code reads as follows: INVALIDATION: Every conditional use permit and variance shall be null and void one year from the date of approval by the City Councilor Board of Adjustment without any further action required by the City unless any required or appropriate permit necessary to make use of the conditional use permit or variance has been issued. DISCUSSION: The Council must make a policy decision to grant a 90 day extension to January 25, 1998. This allows six weeks for permit review and issuance of a building permit if the time period is extended. AL TERNATIVES: 1. Approve the 90 day extension as requested. 2. Deny the 90 day extension as requested. 3. Other specific action as directed by the Council. RECOMMENDATION: Alternative #1. ACTION REQUIRED: Motion and second as part of the consent agenda approving a 90 day extension to the one year requirement to obtain necessary, required or appropriate permits as stated in Planning Commission Resolution #96-35PC. L:\96FILES\96V AR\96-098V A \EXTREQ.DOC Page 2 12/01/1997 14:05 5124723197 KJR PAGE 01 Kelvin J. Retterath 2618 Grove Lane Mound,!vJN 55364 Tel. IF a."{. 612.472.3197 December 1, 1997 City of Prior Lake 16200 Eagle Green Avenue S.E. Prior Lake, MN 55372-1714 Fax 447.4245 RE: Extension of Variance for David Yearling and Karlynn Benson Addition: 16520 Inguadona Beach Circle Prior Lake, MN 55372 Dear Council Members: This project was granted a 7 ft front yard setback variance from 25 ft to 18 ft on October 28, 1996. The application for building permit was made November 12, 1997 - 14 days after the variance had expired. We are asking for a 90 day extension from Oct. 28, 1997 so the project can continue as previously approved. The existing structure has 17.7 ft front yard setback and has historically significant lower story stone walls and piers. The proposed garage addition maintains the historic character of the existing house with 1 1/2 story rooflines. The position of the addition on the site as proposed also allows the upper living areas to be properly linked. The proposed location respects the e~tem neighbor's lakeside sight lines as well as the owners. We strongly believe a variance extension is the best solution for this carefully crafted addition. Respectfully, ~~ Kelvin Retterath - Designer ~ . ;. , f'tlone . Phane # .Faxlt ~ ~ . . . ...~. '.... .. .. Fax' 4:J?- -3/fj If /I RESOLUTION 96-35PC A RESOLUTION GRANTING A VARIANCE TO PERMIT A FRONT YARD SETBACK OF 18 FEET FROM INGUADONA BEACH CIRCLE RATHER THAN THE MINIMUM REQUIREMENT OF 25 FEET FOR A PROPOSED GARAGE AND RESIDENTIAL ADDITION TO SINGLE FANIIL Y DWELLING BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. Dave Yearling and Karlynn Benson have applied for a variance from Section 4.2 of the Zoning Ordinance in order to permit the construction of a garage and living area addition to existing single family dwelling on property located in the R-l (Suburban Residential) District and the SD (Shoreland Overlay) District at the following location, to wit; 16520 Inguadona Beach Circle, legally described as Lot 13, EXCEPTING from said Lot 13 the following: Starting at the Southeast corner of said Lot 13 and running thence Northerly along the East line of said Lot 15 feet; thence Northwesterly to the Southwest corner of said Lot; and thence Southeasterly along the South line of said Lot 13 to the place of beginning; Ai'JD the West half of Lot 15, AND all of Lot 14; INGUADONA BEACH, Scott County, MN. 1. The Board of Adjustment has reviewed the application for variance as contained in Case #96-098 and held hearings thereon on October 28, 1996. 2. The Board of Adjustment 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. Because of conditions on the subject property and on the surrounding property, it is possible to use the subject property in such a way that the proposed variance will not result in the impairment of an adequate supply of light and air to adjacent properties, unreasonably increase congestion in the public streets, increase the danger of fire, and danger to the public safety, unreasonably diminish or impair health, safety, comfort, 16200 Eagle Creek Ave. S.L Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 :'IN EQUAL OPPORTUNITY E;\1PLOYER morals or in any other respect be contrary to the Zoning Ordinance and Comprehensive Plan. 3. The special conditions applying to the subject property are unique to such property, and do not generally apply to other land in the district in which such land is located. The unique circumstances applicable to this property include the substandard lot size, the fact that the property was platted prior to the incorporation of the city. 4. The granting of the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. The variance will not serve merely as a convenience to the applicants, but is necessary to alleviate demonstrable hardship. The factors listed above do not allow for an alternative location of the proposed addition without this variance. 5. The contents of Planning Case 96-098 are hereby entered into and made a part of the public record and the record of decision for this case. Pursuant to Section 5-6-8 of the Ordinance Code this variance will be deemed to be abandoned, and thus will be null and void one (1) year from the date of approval if the holder of the variance has failed to obtain any necessary, required or appropriate permits for the completion of contemplated improvements. CONCLUSION Based upon the Findings set forth above, the Board of Adjustment hereby grants and approves the following variance for the proposed residential addition with garage; 1. A variance permitting a 18 foot setback from the Inguadona Beach Circle instead of the required 25 foot setback. This variance is granted with the following terms and conditions; 1. The improvements shall be constructed in accordance with the site plan submitted by the applicant, and attached hereto as Exhibit A. Adopted by the Board of Adjustment on October 28, 1996. ff~KGY~ William Criego, Chair irector 1:\96var\96-098va\res963 5.doc 2 96921 )/114/22 YEARLING. DAVE ADVANCE SURVEYING & ENGINEERING CO. noo S. Hwy. No. 101 Minnelouka. MN 5;345 Phone (612) 474 7964 Fa:< (612) 474 8267 SURVEY FOR: DA VE YEARLING SURVEYED: Oc,ober.1996 DRAfTED: Oclober 4. 1996 I EGAL DESCRIPTION: lot 13. EXCEPTlNG from said Lot 13 the following: Staning at the Southeast corner of S.1id Lot 1) and running thence Northerly along the E:lS( line of said LOL 15 reet; thence Northwesu:r1y to the Southwest comer of said LOI; and thence Southeasterly along the South line of said Lot 13 (0 the place of beginning; AND ,he Weslllalf of Lo, 15. AND.II of Lo. 14: INGUADONA BEACH. SCOIl County. Minnesota. . [IMITATIONS &0 NOTES' The scope of Qur services for this job is as Collows: I. Showing the length and direction of boundary lines of the legal description you furnished. 2. Showing the location of existing improvements we deemed imponanl. 3. Seuing new monuments or verifying old monuments to mark the comers of the property. 4. Showing spot elevations al selecled points on the loc. STANDARD SYMBOLS & CONVENTIONS: "0" Denotes 112"ID pipe with plastic plug bearing Slale License Number 9235. set. if"o" is filled in. Ihen denoles found iron monument. CERTIFICATION: I hereby cenify thai this survey was prepared by me or under my direct supervision and that I am a Professional Engineer and (Profe~on'gurveyor under ,he Laws of ,he Sta'e of Minneso'.. .~~~ . J"f"es H. Parker P.E. & P.S. No. 9235 I ~ ONE INCH EQUALS 20 FEET PRIOR LAKE AREA TO ORDINARY HIGH WATER MARK SHORELINE Of PRIOR LAKE SEPTEMBER 25. 1996 ORDINARY HIGH WATER MARK 904 58:5'13' \ S"W _ ~1.!?QS__ _----;-91928 . 92Z.S4 _924.l2 r. 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