HomeMy WebLinkAbout96-030 Variance
File No. 96-030 Variance
STATE OF MINNESOTA)
)ss.
COUNTY OF SCOTT )
The undersigned, duly qualified and City Manager of the City of Prior Lake, hereby
certifies the attached hereto is a true and correct copy of the original.
Resolution 96-17PC
)(
on file in the office ofthe City Planner, City of Prior Lake.
'/0~ Q] ,I, i1 # .
Dated this td'L day Of~' 1996.
"
Doc.
374838
OFFICE OF THE COUNTY RECORDER t"7J
SCOTT COUNTY, MINNESOTA v.;()-
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Pac Boeck.lliar..., COunty Recorder
by
Deputy
16200 ~~~O~RP& Ave. S.E., Prior Lake, Minnesota 5'!5~2-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
. ,
.
RESOLUTION 9617PC
A RESOLUTION RECOMMENDING APPROVAL OF A REQUEST BY ROBERT W.
OSTDIEK TO PERMIT CONSTRUCTION OF A POLE BUILDING ON THE
PROPERTY LOCATED AT 4510 JACKSON TRAIL NE. IN THE RI-SUBURBAN
RESIDENTIAL ZONING DISTRICT;
BE IT RESOL VED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Robert W. Ostdiek has applied under Section 4-7-4 of the Prior Lake City Code to
permit the construction of aI, 792 square foot pole building for the storage of
personal property on property located in the Rl-Suburban Residential zoning
district at the following location, to wit;
Lots 11 and 12, Biock i, TITUS 2ND ADDITION, Scott County
Minnesota.
3. The contents of Planning Case 96-030V A are hereby entered into and made a part
of the public record and the record of decision for this case
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby recommends
approval of the request to permit a pole building in the RI-Suburban Residential zoning
district.
Adopted by the Board of Adjustment on May 28, 1996.
16200 EJggrl<(9~. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
{-
STAFF AGENDA REPORT
AGENDA #:
PREPARED BY:
SUBJECT:
4K
DONALD RYE, PLANING DIRECTOR
CONSIDER APPROVAL OF RESOLUTION 96-64
APPROVING POLE BARN IN R-l DISTRICT
JUNE 17, 1996
DATE:
INTRODUCTION: At the June 3,1996 meeting, the City Council considered the
request of Robert Ostdiek to construct a pole barn in the R-l
Urban Residential District. The request had previously been
heard by the Planning Commission because a variance was
required to construct an accessory building of this size.
After discussion, the Council directed staff to prepare a
resolution of approval.
DISCUSSION: The discussion at the Council meeting centered around the
unique circumstances of the area where the request is being
made. The Titus Addition is zoned R-l which presupposes
city sewer and water are available, but the entire Titus
Addition is developed with large lots (one to three acres)
and no City utilities are available. Because of these
conditions and the rural nature of surrounding land uses, in
conjunction with the proposed location of the pole barn at
least 250 feet from a public road, the Council felt the pole
barn was a reasonable use of the property.
ISSUES: The question to be resolved in allowing pole buildings in the
City is whether such a building is compatible with the area
in which it is located. In this case, the Council has
concluded that the proposed building is compatible.
AL TERNA TIVES: 1. The Council may adopt the attached resolution.
2. The Council; may deny the attached resolution.
3. The Council may such other specific action as it deems
appropriate.
RECOMMENDATION: Staff recommends Alternative 1.
16200 I!'PdllP~~&~{91 S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
ACTION REQUIRED:
POLRI REP.DOC/DR
Motion to adopt Resolution 96-64
v
2
RESOLUTION 96-64
RESOLUTION APPROVING A REQUEST BY ROBERT W. OSTDIEK TO
CONSTRUCT A POLE BUILDING ON PROPERTY LOCATED IN THE Rl-
SUBURBAN RESIDENTIAL ZONING DISTRICT AND
IDENTIFIED AS 4510 JACKSON TRAIL NE.
MOTION BY: SECOND BY:
WHEREAS, Robert W. Ostdiek has applied under Section 4-7-4 of the Prior Lake
City Code to permit the construction of 1,792 square foot pole building
for the storage of personal property on property located in the Rl-
Suburban Residential zoning district at the following location, to wit;
Lots 11 and 12, Block 1, TITUS 2ND ADDITION, Scott County
Minnesota; and
WHEREAS,
The City Council reviewed the request to construct the pole building at
its meeting ofJune 3, 1996; and
WHEREAS,
The City Council has concluded that the request meets the criteria for
pole buildings set forth in Section 4-7-4 of the City Code in that the
proposed building is compatible with the surrounding area, and
Because of the large lots and the lack of City sewer and water in the
Titus Addition, approval of a pole building in this location in an R-l
zoning district is a unique circumstance and does not indicate a
precedent for similar requests in the R-l zoning district.
WHEREAS,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR
LAKE, that the request to allow construction of a pole building on property identified as
4510 Jackson Trail NE. is hereby approved.
Passed and adopted this 17th day of June, 1996.
YES
NO
16200 ~~6~~~. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 4,\7-4245
AN EQUAL OPPORTUNITY EMPLOYER
{Seal }
RES96-64.DOC/DR
Andren Andren
Greenfield Greenfield
Kedrowski Kedrowski
Mader Mader
Schenck Schenck
City Manager
City of Prior Lake
2
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
ANALYSIS:
STAFF AGENDA REPORT
SA
R. Michael leek
Associate Planner/Acting Assistant Planner
Consider approval of Resolution No. 96- 64 denying a
request of Robert W. Ostdiek to permit the construction of
a pole building in the R1-Suburban Residential District
June 3, 1996
The Planning Department received a request from Mr. Ostdiek
to 1) permit the construction of a pole building in the R 1-
Suburban Residential Zoning District, and 2) grant a variance
to permit said pole building to have an area of 1,792 square
feet instead of the maximum permitted 832 square feet. The
proposed building would be used for the storage of personal
property such as collector cars. The City Council has sole
discretion to permit pole buildings under Section 4-7-4 of the
City Code; that section does not vest any authority for the
decision in the Planning Commission. Acting as the Board of
Adjustment, the Commission's role was to evaluate the efficacy
of the requested structure area variance. Because the 2
issues are related, the Commission discussed the
appropriateness of such a building on the property, and
adopted Resolution 96-17PC only to advise the Council of its
perspective on the issue.
The property is in the plat of Titus 2nd Addition, which was
approved by the Prior lake City Council in 1974. The house
and attached garage on the subject site were constructed in
1976. The Planning Commission has already approved an
area variance if the Council approves construction of a pole
building.
The only issue for the Council to determine is whether to
approve the construction of a pole building on the property.
Section 4-7-4 of the Prior lake City Code regulates "pole
buildings". Specifically, the Ordinance provides that such
buildings are permitted only in the A1-Agricultural and C1-
Conservation zoning districts unless specifically approved by
the City Council in another zoning district, in cases where the
proposed structure is compatible with the surrounding area.
"Such structures may be authorized by the Council for use as
warehouse, heavy equipment storage or other uses which
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
OTHER
CONSIDERATIONS:
ALTERNATIVES
would tend to be compatible with that type of structure and in a
location where it would not be offensive to other property
owners or persons within the City."
The subject property is anomalous in that it is in the R 1-
Suburban Residential zoning district, which is designed for
urban-style, sewered residential development. However, in
this case the property is unsewered and the 2010 Land Use
Plan assumes that the area will remain unsewered, thus
limiting development potential. Thus, while the area is likely to
remain rural residential/agricultural in character, its use is
limited by regulations intended for smaller lot residential
development. For these reasons, the Council may want to
consider whether a zoning change of some sort would be
appropriate for this area of the City.
1. The City Council may deny Mr. Ostdiek's request to
construct a pole building on the subject site.
2. The City Council may grant Mr. Ostdiek's request to
construct a pole building on the subject site.
RECOMMENDATION: Staff recommends Alternative 1, denial of the request.
ACTION REQUIRED:
RESOLUTION 96-64
RESOLUTION DENYING A REQUEST BY ROBERT W. OSTDIEK TO
CONSTRUCT A POLE BUILDING ON PROPERTY LOCATED IN THE Rl-
SUBURBAN RESIDENTIAL ZONING DISTRICT AND
IDENTIFIED AS 4510 JACKSON TRAIL NE.
MOTION BY: SECOND BY:
WHEREAS, Robert W. Ostdiek has applied under Section 4-7-4 of the Prior Lake
City Code to permit the construction of 1,792 square foot pole building
for the storage of personal property on property located in the Rl-
Suburban Residential zoning district at the following location, to wit;
Lots 11 and 12, Block 1, TITUS 2ND ADDITION, Scott County
Minnesota; and
WHEREAS,
The City Council reviewed the request to construct the pole building at
its meeting of May 20, 1996; and
WHEREAS,
The City Council has concluded that the request does not meet the
criteria for pole buildings set forth in Section 4-7-4 of the City Code in
that the proposed use of the building is neither consistent with the
zoning district or the nature of a pole building.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR
LAKE, that the request to allow construction of a pole building on property identified as
4510 Jackson Trail NE. is hereby denied.
Passed and adopted this 3rd day of June, 1996.
YES NO
Andren Andren
Greenfield Greenfield
Kedrowski Kedrowski
Mader Mader
Schenck Schenck
{Seal} City Manager
City of Prior Lake
16200 ~~6et~~~S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
RESOLUTION 9617PC
A RESOLUTION RECOMMENDING APPROVAL OF A REQUEST BY ROBERT W.
OSTDIEK TO PERMIT CONSTRUCTION OF A POLE BUILDING ON THE
PROPERTY LOCATED AT 4510 JACKSON TRAIL NE. IN THE R1-SUBURBAN
RESIDENTIAL ZONING DISTRICT;
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Robert W. Ostdiek has applied under Section 4-7-4 of the Prior Lake City Code to
permit the construction of aI, 792 square foot pole building for the storage of
personal property on property located in the R1-Suburban Residential zoning
district at the following location, to wit;
Lots 11 and 12, Block 1, TITUS 2ND ADDITION, Scott County
Minnesota.
3. The contents of Planning Case 96-030V A are hereby entered into and made a part
of the public record and the record of decision for this case
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby recommends
approval of the request to permit a pole building in the R1-Suburban Residential zoning
district.
Adopted by the Board of Adjustment on May 28, 1996.
Richard Kuykendall, Chair
ATTEST:
Donald R. Rye, Planning Director
16200 f!gME'(?r~~~e. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
RESOLUTION 9618PC
A RESOLUTION APPROVING A REQUEST BY ROBERT W. OSTDIEK TO
PERMIT CONSTRUCTION OF A 1,792 SQUARE FOOT ACCESSORY BUILDING
ON THE PROPERTY LOCATED AT 4510 JACKSON TRAIL NE. IN THE Rl-
SUBURBAN RESIDENTIAL ZONING DISTRICT;
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Robert W. Ostdiek has applied for a variance from Section 6.2 of the Prior Lake
Zoning Ordinance to permit the construction of 1,792 square foot accessory
building for the storage of personal property on property located in the Rl-
Suburban Residential zoning district at the following location, to wit;
Lots 11 and 12, Block 1, TITUS 2ND ADDITION, Scott County
Minnesota.
2. The Board of Adjustment has reviewed the application for variance as contained
in Case 96-030V A and held a hearing thereon on May 13, 1996.
3. The Board of Adjustment 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 variance on the Comprehensive Plan.
4. The request meets the Ordinance criteria, in that reasonable use of the
property would not be obtained if the Ordinance is literally applied.
5. The granting of the variance is necessary for the preservation and enjoyment
of a substantial property right of the applicant. The variance would not serve
merely as a convenience to the applicant, but is not necessary to alleviate
demonstrable hardship.
7. The contents of Planning Case 96-030V A are hereby entered into and made a part
of the public record and the record of decision for this case
16200 ~gg'~~e. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby approves the
requested variance to permit a 1,792 square foot accessory building in the RI-Suburban
Residential zoning district.
Adopted by the Board of Adjustment on May 28, 1996.
Richard Kuykendall, Chair
ATTEST:
Donald R. Rye, Planning Director
9618PC.OOCIRML
2
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
SITE:
PRESENTER:
PUBLIC HEARING:
DATE:
4.D
Consider variance for Robert W. Ostdiek
4510 Jackson Trail NE.
R. Michael Leek, Associate Planner
YES -X- NO
APRIL 22, 1996
INTRODUCTION:
The Planning Department received a variance application from Robert W. Ostdiek. Mr.
Ostdiek wishes to build a 32'x 56'(1,792 square foot) pole building for the storage of
personal property, such as collector cars. The proposed building would be located 74.68'
from the East property line and 147.62' from the front property line.
DISCUSSION:
The subject property is zoned RI-Suburban Residential. The property is in the plat of
Titus 2nd Addition, which was approved by the Prior Lake City Council in 1974. The
house and attached garage on the subject site were constructed in 1976.
Section 4-7-4 of the Prior Lake City Code regulates "pole buildings". Specifically, such
buildings are permitted only in the AI-Agricultural and CI-Conservation zoning districts
unless specifically approved by the City Council in cases where the proposed use is
compatible with that type of structure, and when a pole building would not be offensive
to other property owners or persons within the City. Because the use of a pole building
can only be approved by the City Council, the Commission's role in this variance is to
make a recommendation to the Council as to whether or not a pole building should be
allowed, as opposed to actually granting the variance.
The maximum size of detached, accessory structures in the Rl zoning district is limited to
832 square feet by Section 6.2(A)3 of the Zoning Ordinance. In 1994, a number of
variances were granted to permit the construction of a 3,500 square foot pole building on
the property identified as 13151 Pike Lake Trail. (Case No. 1994-0032). At the time thIs
report was written the file was being microfilmed, and thus could not be reviewed.
However, conversations with the Building Official indicated that the variance was
granted on the condition that the building be used only for hay storage in connection with
an active farming operation. The use of such a building for agricultural purposes can be
distinguished from its use for the storage of personal property.
16200 E18~~~fe~~rs.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
.)
The subject property is anomalous in that it is in the RI-Suburban Residential zoning
district, which is designed for urban-style, sewered residential development. However,
the 2010 Land Use Plan assumes that this area will remain unsewered, thus limiting
development potential. Thus, while the area is likely to remain rural
residential/agricultural in character, its use is limited by regulations intended for smaller
lot residential development. For these reasons, the Commission may want to consider
whether a zoning change of some sort would be appropriate for this area of the City, and
may want to recommend to the Council that it consider such a change.
Variance Hardship Standards:
1. Literal enforcement of the Ordinance would result in undue hardship with
respect to the property.
. This criterion goes to whether reasonable use can be made of the property if the
Ordinance is literally enforced. It also goes to whether the applicant has legal alternatives
to accomplish the intended purpose without the requested variance. In past decisions, the
Commission has concluded that a component of reasonable residential use is the
provision of 2 covered (i.e. garage) parking spaces. The subject property does currently
have a garage. In addition, the applicant doe have a legal, if not as desirable, alternative
available without the requested variances. Specifically, the applicant could construct up
to an 832 square foot detached garage for the storage of additional personal property. For
these reasons, there would not be undue hardship with respect to the property if the
Ordinance were literally enforced.
2. Such unnecessary hardship results because of circumstances unique to the
property.
Because staffhas concluded that there would be no undue hardship with respect to the
property, this criterion is de facto not met. Mr. Ostdiek's request is in part based on the
contention that the property is unique because of its size and its character, and the
character of the surrounding area. Staff has concluded that because reasonable use is
available, this argument is not compelling. However, as stated above, it is an anomalous
situation that the Commission may wish to address independently of this request.
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.
To the extent there is a perceived hardship, it relates specifically to choices made by the
applicant in acquiring property requiring storage. It is not a result of the application of
the provisions of the Ordinance to the subject property.
2
9630V APC.OOC/RML
. --'.-~' "".;".".
4. The variance observes the spirit and intent of this Ordinance, produces
substantial justice and is not contrary to the public interest.
The proposed use of the building does not appear to be the type of use contemplated
under Section 4-7-4 of the City Code. In this respect, the request to permit a pole
building does not appear consistent with the spirit and intent of the Ordinance. Similarly,
because the proposed use is for the storage of personal property, as opposed for example
for agricultural use, the area variance would be inconsistent with the provisions in Section
6.2 of the Zoning Ordinance.
ALTERNATIVES:
1. Approve the building area variance requested by the applicant, and recommend
approval of the variance to permit a pole building in the Rl zoning district.
2. Approve a building area variance as requested or as modified by the Commission,
but recommend denial of the variance to permit a pole building in the R1 zoning
district.
2. Table or continue discussion of the item for specific purpose.
3. Deny the request for building area variance and recommend denial of the variance
to permit a pole building m the R1 zoning district because the Commission finds u.
lack of demonstrated hardship under the Zoning Ordinance criteria.
RECOMMENDATION:
Because staff has concluded that the request does not meet the Ordinance criteria, staff
recommends Alternative No.4, denial of the request.
ACTION REQUIRED:
A motion adopting Resolution 9617PC recommending denial of the request to permit
construction of a pole building in the RI-Suburban Residential zoning district, and
Resolution 9618PC denying the request for a variance to permit a detached accessory
structure with an area of 1,792 square feet.
9630V APC.DOCIRML
3
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CITY OF PRIOR LAKE
APPLICATION FOR VARIANCE
~Applicant: ~jH"+ . tJ. '05id'eL
Address: '1'5/0 ,T,lt'k~Oh '/R A/~ flr,'"".Ltt-frt"'
Property Owner: ..~I?\ -c:..-
Address: ,s ~ ,..~
Type of Ownership: Fee
Consul tant/Contractor:.
Home Phone:
5.$'"'37",", Work Phone:
Home Phone:
Work Phone:
Purchase Agreement
Phone:
Ifq~ -tJ1~;J
L./l/ S-- '1..1 ~ 7
Contract
Existing Use (J /..L I
of Property: f\.es;6(enla
Legal Description J
of Variance Site: L{) f 1/ (/(J1.()( I~
Variance Requested:
fA .;~
Present Zoning:
"M~o/~.
Has the applicant previously sought to plat, rezone, obtain a variance or conditional
use permit on the subject site or any part of it? - Yes )( 1>b
What was requested:
When: Disposition:
Des;;ribe thi ~ of improv!3lleni79 Pfoposed: Po/<2 !3l.( /Idr'~r, /
~t'~6)'d .-;/t"Y"r.'''- ((J/I~c..1Il.y leu<,
v ). .
SUBMISSION REQUIREMENI'S:
(A)Completed application form. (B)Filing fee. (C)Property SUrvey indicating the
proposed developnent in relation to property lines and/or ordinary-high-water mark;
proposed building elevations and drainage plan. (D) Certified from abstract firm,
names and addresses of property owners within' 100 feet of the exterior boundaries of
the subject property. (E)Complete legal description & Property Identification Number
(pm). (F)Deed restrictions or private, covenants, if applicable. (G)A parcel map
at 1"-20'-50' showing: The site developnent plan, buildings: parking, loading,
access, surface drainage, landscaping and utility service.
B (A " / ct''':)
5/2€
?:J. 'Y!Jt ~
..,. ..,.
ONLY COMPLETE APPLICATIONS SHALL BE ACCEPI'ID AND REVIEWED BY THE PLANNIN:; a:::MMISSION.
To the best of my knowledge the information presented on this form is correct. In
addition, I have read Section 7.6 of the Prior Lake Zoning Ordinance which specifies
re:jl1irenents for variance procedures. ! agree ~. prOVide. infonnatio~rn<1 follow the
procedures as outlined in the Ordinance. ~ 01.. OtJ.JiiJ (~A~ f'E,e
n7 I!I / AflL APPlicants Signature OYv'Nf:J2.)
SUbmitted this~day of 111~ftJ1 19~~
Fee Owners Signature
THIS SPACE IS 'lD BE FILLED OUI' BY 'mE PLANNIN:; DIRECTOR
PIANNING COMMISSION.
CITY COllar. APPEAL
APPWlED
APPR!JVID
DENIED
DENIED
DATE OF HEARIN:;
rATE OF FIEAR:IN:;
mNDITIONS:
Signature of the Planning Director
Date
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NOTICE OF HEARING FOR THE FOLLOWING VARIANCES;
1. A VARIANCE FROM SECTION 4-7-4 OF THE CITY CODE TO
PERMIT THE CONSTRUCTION OF A POLE BUILDING IN
THE R1-SUBURBAN RESIDENTIAL ZONING DISTRICT;
2. A VARIANCE TO PERMIT A DETACHED ACCESSORY
STRUCTURE WITH AN AREA OF 1,792 SQUARE FEET
INSTEAD OF THE MAXIMUM 832 SQUARE FEET
PERMITTED UNDER SECTION 6.2(a)3 OF THE ZONING
ORDINANCE.
You are hereby notified that the Prior Lake Planning Commission will hold a hearing at
Prior Lake Fire Station #1, located at 16776 Fish Point Road SE (Southwest of the
intersection of C.R. 21 and Fish Point Road), on: Monday, April 22, 1996, at 7:00 p.m.
or as soon thereafter as possible.
APPLICANT:
Robert W. Ostdiek
4510 Jackson Trail NE.
Prior Lake, Minnesota 55372
SUBJECT SITE:
Lots 11 and 12, Block 1, Titus 2nd Addition, Scott County,
Minnesota, also known as 4510 Jackson Trail NE.
REQUEST:
The applicant proposes the construction of a 32' x 56' pole
building for the storage of personal property, such as collector
vehicles. The proposed building would be located as shown on the
attached survey copy.
The Planning Commission will review the proposed construction and requested variance
against the following criteria found in the Zoning Ordinance.
1. Literal enforcement of the Drdinance would result in undue hardship with
respect to the property.
2. Such unnecessary hardship results because of circumstances unique to the
property.
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.
9630PN.DOC I
16200 ~1e Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
4. The variance observes the spirit and intent of this Ordinance, produces
substantial justice and is not contrary to the public interest.
If you are interested in this issue, you should attend the hearing. Questions related to this
hearing should be directed to the Prior Lake Planning Department by calling 447-4230
between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. The Planning
Commission will accept oral and/or written comments. Oral or written comments should
relate to how the proposed construction and requested variances are or are not consistent
with the above-listed criteria.
Prior Lake Planning Commission
Date Mailed: April 11 , 1996
-- -
9630PN.DOC
RML
2
.. _>.;..~_.~......._...:.";;::'..,;"'_";""'...~~Jh ,,"..--'~ .
RESOLUTION 9617PC
A RESOLUTION RECOMMENDING DENIAL OF A REQUEST BY ROBERT W.
OSTDIEK TO PERMIT CONSTRUCTION OF A POLE BUILDING ON THE
PROPERTY LOCATED AT 4510 JACKSON TRAIL NE. IN THE R1-SUBURBAN
RESIDENTIAL ZONING DISTRICT;
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1.
Robert W. Ostdiek has applied for a variance from Section 4-7-4 of the Prior Lake
City Code to permit the construction of 1,792 square foot pole building for the
storage of personal property on property located in the R1-Suburban Residential
zoning district at the following location, to wit;
Lots 11 and 12, Block 1, TITUS 2ND ADDITION, Scott County
Minnesota.
2. The Board of Adjustment has reviewed the application for variance as contained
in Case 96-030V A and held a hearing thereon on April 22, 1996.
3. The Board of Adjustment 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 tire, risk to the public
safety, the effect on property values in the surrounding area and the effect of the
proposed variance on the Comprehensive Plan.
4. The request does not meet the Ordinance criteria, in that reasonable use of the
property can be obtained if the Ordinance is literally applied, and legal
alternatives exist for placing a detached, accessory building on the property.
5. The granting of the variance is not necessary for the preservation and enjoyment'
of a substantial property right of the applicant. The variance would serve merely
as a convenience to the applicant, but is not necessary to alleviate demonstrable
hardship.
7. The contents of Planning Case 96-030V A are hereby entered into and made a part
of the public record and the record of decision for this case
16200 I!2g1~qjt2~. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
-' ,.-:~..."-_--......;,..;_.;...._...........,.....::.........
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby recommends
denial of the requested variance to permit a pole building in the Rl-Suburban Residential
zoning district.
Adopted by the Board of Adjustment on April 22, 1996.
Richard Kuykendall, Chair
ATTEST:
Donald R. Rye, Planning Director
9617PC.DOC/RML
2
RESOLUTION 9618PC
A RESOLUTION DENYING A REQUEST BY ROBERT W. OSTDIEK TO PERMIT
CONSTRUCTION OF A 1,792 SQUARE FOOT ACCESSORY BUILDING ON THE
PROPERTY LOCATED AT 4510 JACKSON TRAIL NE. IN THE RI-SUBURBAN
RESIDENTIAL ZONING DISTRICT;
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1.
Robert W. Ostdiek has applied for a variance from Section 6.2 of the Prior Lake
Zoning Ordinance to permit the construction of 1,792 square foot accessory
building for the storage of personal property on property located in the Rl-
Suburban Residential zoning district at the following location, to wit;
"-....
Lots 11 and 12, Block 1, TITUS 2ND ADDITION, Scott Coun:y
Minnesota.
2. The Board of Adjustment has reviewed the application for variance as contained
in Case 96-030V A and held a hearing thereon on April 22, 1996.
3. The Board of Adjustment 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 variance on the Comprehensive Plan.
4. The request does not meet the Ordinance criteria, in that reasonable use of the
property can be obtained if the Ordinance is literally applied, and legal
alternatives exist for placing a detached, accessory building on the property.
5. The granting of the variance is not necessary for the preservation and enjoyment'
of a substantial property right of the applicant. The variance would serve merely
as a convenience to the applicant, but is not necessary to alleviate demonstrable
hardship.
7. The contents of Planning Case 96-030V A are hereby entered into and made a part
of the public record and the record of decision for this case
16200 E>8~<(92~. S.L Prior lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
_, _.._~"';",a"""~"'-~""_";"'_""' ,,<-'~~~:'.<';-;, '''<''
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby denies the
requested variance to permit a 1,792 square foot accessory building in the RI-Suburban
Residential zoning district.
Adopted by the Board of Adjustment on April 22, 1996.
Richard Kuykendall, Chair
ATTEST:
Donald R. Rye, Planning Director
9618PC.DOC/RML
2
MOTION BY CRIEGO, SECOND BY LOFTUS, TO CONTINUE THE MATTER TO
THE JUNE 10, MEETING AND HA VE THE DEVELOPER COME BACK WITH A
NEWER SCREEN PLANTING PLAN.
V ote taken signified ayes by Criego, Loftus, Wuellner, V onhof and Kuykendall.
MOTION CARRIED.
96-030 - ROBERT OSTIDIEK - VARIANCE REQUEST FROM THE CITY CODE TO
CONSTRUCT A POLE BARN ON THE PROPERTY AT 4510 JACKSON TRAIL SE.
Michael Leek presented the information from the Planning Report dated April 22, 1996.
Staff recommended denial of the variance to permit a pole building in the Rl Zoning
District due to the lack of demonstrated hardship under the Zoning Ordinance criteria.
Comments from the public:
Robert Ostdiek, 4510 Jackson Trail NE, stated his reason for constructing a pole barn was
to store personal items and collector cars. His neighbors (Shakopee residents) have pole
barns.
Comments from the Commissioners:
Criego:
. The problem seems to lie in the zoning ofR1 and the area should be Al or Cl.
. Rye said the area is unique. Sewer was never provided in this area. Perhaps the way
out of this is to determine what the area is. A 10 acre minimum is required for
agricultural.
. There is a hardship and will support the variance.
Loftus:
. Agrees with the hardship and supports.
V onhof:
. Agrees with comments.
Wuellner:
. Agrees with comments and possibly rezone the area.
Kuykendall:
. Neighboring properties are zoned Agricultural.
MOTION BY CREIGO, SECOND BY LOFTUS, TO APPROVE THE REQUESTED
V ARIANCE AND DIRECT STAFF TO PREPARE A RESOLUTION; AND TO
RECOMMEND CITY COUNCIL APPROVE A POLE BUILDING FOR THE SITE.
MN051396.DOC
PAGEIO
V ote taken signified ayes by Criego, Loftus, V onhof, Wuellner and Kuykendall.
MOTION CARRIED.
A recess was called at 10:35 p.m. The meeting reconvened at 10:40 p.m.
96-031 - ANDREW SIEBENALER - V ARlANCE REQUEST FOR THE PROPERTY
AT 3842 PERSHING STREET TO CONSTRUCT A 2-CAR GARAGE.
Michael Leek presented the information in the Planning Report dated April 22, 1996.
Staff recommends approval of the variances based on the hardship criteria.
Comments from the public:
Renee Siebenaler, 3842 Pershing St. SW, explained the only location for the garage
would be in the front of the home.
Michelle Lein, 3852 Pershing St., lives next to the applicant and stated she had a front
yard addition with a variance granted 4 years ago and is supportive of the request.
Comments from the Commissioners:
Loftus:
. Supportive of the request.
V onhof:
. Hardships are met and in favor of approval.
Wuellner:
. Supportive of request.
Criego:
. Supportive of request.
Kuykendall:
. In favor of request.
MOTION BY VONHOF, SECOND BY LOFTUS, TO APPROVE RESOLUTION 94-
16PC.
V ote taken signified ayes by V onhof, Loftus, Criego, Wuellner and Kuykendall.
MOTION CARRIED.
MN051J'16 DOC
? 'GEl I
Minutes of the Prior Lake City Council
G.
H.
I.
J.
K.
L.
M.
N.
O.
June 17, 1996
Consider Approval of Renewal of Refuse Haulers Permits.
Consider Approval of Resolution 96-63 Approving the Wetland Eagle Creek
Replacement Plan for Eagle Creek Villas, Project 96-37. Wetland
Consider Approval of Sale of City Vehicle. R9663
Consider Approval of 3.2 Temporary Liquor License for Dan Miller. P9637
Consider Approval of Resolution 96-64 Approving Pole Barn in R-i R 9664
District.
Consider Approval of Cooperative Agreement with Prior Lake M. 1f .1
Spring Lake Watershed District for Control of Milfoil. ~ O~
Consider Approval of Appointment of New Member to the Lake
Advisory Committee.
Consider Approval of Application for Cigarette License from Cig. License
Restan, L.L.C. - The Wilds.
Consider Approval of Amendment to City Fee Schedule to Wilds
Establish Business License Fee for Massage Therapy.
Massage
Therapy
Councilmember Mader and the Mayor indicated several items which
should be considered individually and thus removed from the consent
agenda.
MOTION BY KEDROWSKI, SECONDED BY SCHENCK TO
APPROVE THE CONSENT AGENDA EXCEPT FOR ITEMS 4-D, 4-
F, 4-H, 4-L, 4-M, AND 4-0, WHICH WILL BE CONSIDERED
SEPARATELY.
Upon a vote being taken, ayes by Andren, Kedrowski, Schenck and
Mader, the motion carried.
The first item was Item 4-D, Consideration of Invoices to be Paid.
Councilmember Mader questioned two of the invoices, one for Advance
Resources, and the other for Brauer and Associates. Director Hokeness
explained the latter invoice and the City Manager commented on the
former invoice. The City Manager also recommended that the invoice
from the Lommen Nelson Law Firm be held out, pending a check on the
services rendered.
MOTION BY MADER, SECONDED BY KEDROWSKI TO APPROVE
THE LIST OF INVOICES TO BE PAID WITH THE EXCEPTION OF
THE INVOICE FROM THE LOMMEN NELSON LAW FIRM.
Upon a vote being taken, ayes by Andren, Kedrowski, Schenck and
Mader, the motion carried.
M061796.DOC
The next item was Item 4-F, Consideration of the 1996-1997 Liquor
License Renewals. Councilmember Mader noted that one of the Sunday
licenses was for McWillie's On The Lake which does not exist; instead, it
2
June 28, 1996
Scott County Recorder's Office
428 South Holmes Street
Shakopee,~ 55379
Enclosed for filing are true and correct copies of variance Resolutions listed below.
Please send your statement with the recorded documents to my attention.
Michael Sorenson
Dave Smith
Robert Ostdiek
Richard & Julie Warner
Resolution 9623PC
Resolution 9622PC
Resolution 9617PC
Resolution 9607PC
Thank you.
c~~~
Planning Dept. Secretary
enc.
16200 ~(gi~efeek Ave. S.E., Prior Lake, Minnesotc!'5'S3'72-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
April 5, 1996
Mr. Robert W. Ostdiek
4510 Jackson Trail NE.
Prior Lake, Minnesota 55372
Dear Mr. Ostdiek:
This letter is to inform you that your application dated March 27, 1996, for a variance to
construct a 32' x 46' pole building on your property located at the address listed above in
Prior Lake has been reviewed by the City's Planning office, and has been found to be
complete. The request will be scheduled for hearing before the Planning Commission on
April 22, 1996. A notice regarding the hearing will be sent out. You will be receiving a
copy ofthis notice. You will also receive a copy of the staff report which will be
prepared during the week of April 15, 1996.
Should I or other Planning staff have additional questions or concerns we will be in touch
with you as soon as possible. Should you have any questions feel free to call me at any
time.
V ery ~ yours,
/J jio
R. Michael Leek
Associate Planner/Acting Assistant Planner
cc. File 96-030V A
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
1111" * *
~I: ~ .: 9.E'? 11~~~~~!~
111* ~ .. ~
T 232 South Marschall Road
Shakopee, Minnesota 55379-1675
~12) 445-3196
612) 445-9522 FAX
orne Office: Minneapolis, Minnesota 55401-2499
March 25, 1996
ACCORDING TO THE RECORDS OF THE SCOTT COUNTY TREASURERS OFFICE THE
FOLLOWING IS A LIST OF PROPERTY OWNERS LYING WITHIN 100 FEET OF THE
FOLLOWING DESCRIBED PROPERTY: LOT 11 and 12, BLOCK 1, TITUS 2ND ADDITION,
SCOTT COUNTY, MINNESOTA.
ROBERT W. & KRIS A. OSTDIEK
4510 JACKSON TRL NE
PRIOR LAKE, MN 55372
BRADLEY R. GONYEA
DARREL E. & CHRIS GONYEA
605 TRAVELERS TRL W.
BURNSVILLE, MN 55337
JOHN O'LAUGHLIN
2988 VALLEY VIEW ROAD
SHAKOPEE, MN 55379
IDELLA J. SHUTROP
5765 EAGLE CREEK BLVD.
SHAKOPEE, MN 55379
PHYLLIS A. MILLER
15563 CALMUT AVE. SE
PRIOR LAKE, MN 55372
ROBERT L. CONRAD & WIFE
12600 PARKWOOD DRIVE, #314
BURNSVILLE, MN 55337
JEFFREY A. & DINA M. MENKE
4511 NE JACKSON TRAIL
PRIOR LAKE, MN 55372
( AUTHORIZED SIGNATURE
~e 46-t!Jt:___
MARGE KOTZER .
RECEIPT
IJ r) .~.i C Q .!
/![; ~ i U I .~
DATE ~{1-:S /1 ~
CITY OF
PRIOR LAKE
4629 DAKOTA STREET S.E., PRIOR LAKE. MN 55372
Recei ved of J\l)~? (},1die{{~
whose address and/or legal description is
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. Vv'U,/1 ,
the sum of' . LvV
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-ere liars
$ 0D ,lD
Rob Ostdiek
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