HomeMy WebLinkAbout96-031 Variance
File No. 96-031 Variance
STATE OF MINNESOTA)
)ss.
COUNTY OF SCOTT )
The undersigned, duly qualified and rw.'""E City Manager of the City of Prior Lake,
hereby certifies the attached hereto is a true and correct copy of the original.
Resolution 96-14PC
on file in the office of the City Planner, 10jfPflL,~{
C"~
Prank B~ )
City ~ager'
L/
, II
Apl \, " , -
Dated this 7fl... day of~, 1996.
(City Seal)
16200 ~W~ol:~9:< Ave. SE, Prior Lake, Minnesota s"S~2-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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RESOLUTION 9614PC
A RESOLUTION GRANTING A 5.51 FOOT VARIANCE TO PERMIT A FRONT
YARD SETBACK OF 19.49 FEET INSTEAD OF THE REQUIRED 25 FEET TO
PERMIT THE CONSTRUCTION OF AN ATTACHED, 2-CAR GARAGE WITH
ADDITIONAL LIVING AREA ON PROPERTY LOCATED AT 3842 PERSHING
STREET SW., LEGALLY DESCRIBED AS LOT 36, GREEN HEIGHTS,
SCOTT COUNTY, MINNESOTA.
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Andrew and Renee Siebenaler have applied for a variance from Sections 4 of
the Zoning Ordinance in order to permit the construction of an attached, 2-car
garage with additional living area on property located in the R1-Suburban
Residential and SD-Shoreland Districts at the following location, to wit;
3842 Pershing St. SW., legally described as Lot 36, GREEN HEIGHTS,
Scott County, Minnesota.
2. The Board of Adjustment has reviewed the application for variance as contained
in Case 96-031 VA and held a hearing thereon on May 13, 1996.
3. The Board of Adjustment has considered the effec;t 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.
4. 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, morals or in any other respect be
contrary to the Zoning Ordinance and Comprehensive Plan.
16200 ~ggt~CC?2~. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
5. 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. Among the conditions applying to the subject property which the
Board of Adjustment relied upon are; 1) its small size, 2) its narrowness.
6. 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.
7. The contents of Planning Case 96-031 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 the 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;
1. A 5.51 foot variance to permit a front yard setback of 19.49 feet instead of the
required 25 feet.
Adopted by the Board of Adjustment on May 13,1996.
9614PC.DOCIRML
2
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
4.E
CONSIDER VARIANCE FOR ANDREW AND
RENEE SIEBENALER
3842 PERSHING ST. SW
R. MICHAEL LEEK, CITY PLANNER
YES ---X- NO
APRIL 22, 1996
SITE:
PRESENTER:
PUBLIC HEARING:
DATE:
INTRODUCTION:
The Planning Department received a variance application from Andrew and Renee
Siebenaler. The Siebenalers wish to construct an attached 2-car garage with living area
above it. The proposed garage would measure 20' x 24', and would result in a front yard
setback of 19.49 feet instead of the required 25 feet.
DISCUSSION:
The subject property is zoned Rl-Suburban Residential and is located in the SD-
Shoreland District. The subject property was platted as a part of GREEN HEIGHTS in
1927, several decades before this area was annexed by the City of Prior Lake. The lot is
substandard, measuring about 55 feet at the front, and containing about 8,200 square feet.
The property is developed with a single family house with a building footprint of about
961.44 square feet. The property does not currently have a garage.
The proposed garage and living addition would meet the required side yard setbacks, and
the resulting impervious surface coverage would be below the 30% limit on coverage.
The survey submitted with this application does not show the impervious surface
calculation. If the variance is approved, the survey submitted with the building permit
application should have been revised to show the percentage of impervious surface
coverage.
The existing side yard setbacks measure about 13 feet on sides. This is too narrow to
permit a reasonably sized driveway which meets the 5 foot setback requirement for
driveways, thus restricting use of the rear yard area for a garage. In addition, location of
a garage in the rear yard would result in a longer driveway, and thus increased impervious
surface coverage.
16200 E>8~IY€t<e~W~~. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Variance Hardship Standards:
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 if the Ordinance
is literally enforced. It also goes to whether the applicant has legal alternatives to
accomplish to 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 not currently have a garage, and their is no
alternative available to the applicants which would not require a variance. For these
reasons, this criterion is met.
2. Such unnecessary hardship results because of circumstances unique to the
property.
The hardship results from the narrowness of the lot, and the placement of the house
(constructed in 1977) on the lot. This in turn results from the time period during which
the lot was platted under a different jurisdiction. These circumstances are unique to the
subject 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.
The inability to construct a garage on the subject property without a variance is the result
of the application of the Ordinance requirements, and is not the result of any actions of
the applicants.
4. The variance observes the spirit and intent of this Ordinance, produces
substantial justice and is not contrary to the public interest.
The structure resulting from the addition proposed by the applicants would be similar in
scale to other houses in the neighborhood, and would have a front yard setback also in
keeping with other houses in the neighborhood. Thus, granting the variance would
observe the spirit and intent of the Ordinance.
AL TERNA TIVES:
1. Approve the variance requested by the applicant, or approve any variances the
Planning Commission deems appropriate in the circumstances.
2. Table or continue discussion ofthe item for specific purpose.
3. Deny the application because the Planning Commission finds a lack of
demonstrated hardship under the Zoning Ordinance criteria.
9631 V APC.DOC/CC
2
RECOMMENDATION:
Because staffhas concluded that the request for meets the Ordinance criteria, staff
recommends Alternative No.1, approval.
ACTION REQUIRED:
A motion adopting Resolution 9614PC approving the applicants' request for variance.
9631 V APC.DOC/CC
3
CITY OF PRIOR LAKE
APPLICATION FOR VARIANCE
VA%-03}
PID# 2.5- r::::94 -t0u".-D
.'t'Appl icant :
Address: /' . ,
Property Owner:
Address: ..
Type of cWnership: Fee
Consultant/Contractor:
€.
I~~
Home Phone: . r 1
::~ ~i:~: ~ ~f < '
Work Phone:
Purchase Agreement
Phone:
Existing Use ()
of Property: KE:5l.~~ \~ Present Zoning: fl--I ~17
Legal Description I ....+ /} I I t.. 1_
of Variance Site:_W - 110 t/llLt,t" ~f)f!/(1r) rs
Variance Request~: . . ,
c5~2!. toYli LJll,~ ;W~t- Uahl&~
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 X ~
What was requested: '
When: Disposition:
Descr~e t~}l1:r~"'1WltllrOp:lSed:~~Y - w/Ih ~);)19 6fVJCi'-
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SUBMISSION REQUIREMEm'S:
(A)Completed application form. (B)Filing fee. (C) Property SUrvey indicating the
proFQsed developnent in relation to property lines and/or ordinary-high-water mark;
proFQsed 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
(PID). (F)Deed restrictions or private covenants, if applicable. (G)A parcel nap
at 1"-20'-50' showing: The site developnent plan, buildings: parking, loading,
access, surface drainage, landscaping and utility service.
Submitted this lday of ~~19q~
THIS SPACE IS 'ill BE FILLED OUT BY THE PLANNIN3 DIRECI'OR
PLANNING CDMMISSION
CITY COillx:IL APPEAL
APPROVED
APPROVED
DENIED
DENIED
DATE OF HEARIN3
DA.TE OF HEARIN:;
CDNDITIONS:
Signature of the Planning Director
Date
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96-031 VA
RESOLUTION 9614PC
A RESOLUTION GRANTING A 5.51 FOOT VARIANCE TO PERMIT A FRONT
YARD SETBACK OF 19.49 FEET INSTEAD OF THE REQUIRED 25 FEET TO
PERMIT THE CONSTRUCTION OF AN ATTACHED, 2-CAR GARAGE WITH
ADDITIONAL LIVING AREA ON PROPERTY LOCATED AT 3842 PERSHING
STREET SW., LEGALLY DESCRIBED AS LOT 36, GREEN HEIGHTS,
SCOTT COUNTY, MINNESOTA.
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Andrew and Renee Siebenaler have applied for a variance from Sections 4 of
the Zoning Ordinance in order to permit the construction of an attached, 2-car
garage with additional living area on property located in the RI-Suburban
Residential and SD-Shoreland Districts at the following location, to wit;
3842 Pershing St. SW., legally described as Lot 36, GREEN HEIGHTS,
Scott County, Minnesota.
2. The Board of Adjustment has reviewed the application for variance as contained
in Case 96-031 VA 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 variances on the Comprehensive Plan.
4. 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, morals or in any other respect be
contrary to the Zoning Ordinance and Comprehensive Plan.
16200 a>8~<rn~. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
5. 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. Among the conditions applying to the subject property which the
Board of Adjustment relied upon are; 1) its small size, 2) its narrowness.
6. 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.
7. The contents of Planning Case 96-031 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 the 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;
1. A 5.51 foot variance to permit a front yard setback of 19.49 feet instead of the
required 25 feet.
Adopted by the Board of Adjustment on April 22, 1996.
Richard Kuykendall, Chair
ATTEST:
Donald R. Rye, Planning Director
9614PC.DOC/RML
2
NOTICE OF HEARING FOR A 5.51 FOOT VARIANCE FROM SECTION 4 OF
THE PRIOR LAKE ZONING ORDINANCE TO PERMIT A FRONT YARD
SETBACK OF 19.41 FEET INSTEAD OF THE REQUIRED 25 FEET TO
ALLOW THE CONSTRUCTION OF AN ATTACHED GARAGE AND LIVING
AREA ON PROPERTY LOCATED IN THE RI-SUBURBAN RESIDENTIAL
AND SD- SHORELAND ZONING DISTRICTS
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 ofC.R. 21 and Fish Point Road), on: Monday, April 22, 1996, at 7:00 p.m.
or as soon thereafter as possible.
APPLICANT: Andrew and Renee Siebenaler
3842 Pershing S1. SW
Prior Lake, Minnesota 55372
SUBJECT SITE: 3842 Pershing S1. SW, legally described as Lot 36, GREEN
HEIGHTS, Scott County, Minnesota.
REQUEST: The applicants propose the construction of an attached 2-car
garage with living area on the second level.
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 Ordinance 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.
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
16200 ~8~~P~~~k/~. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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 8, 1996.
96031PN.DOC/RML
2
Vote taken signified ayes by Creigo, 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 - VARIANCE 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.
Vote taken signified ayes by V onhof, Loftus, Criego, Wuellner and Kuykendall.
MOTION CARRIED.
MNOS1396.DOC
P AGEII
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III~ .. * * 232 South Marschall Road
Shakopee, Minnesota 55379-1675
(612) 445-3196
(612) 445-9522 FAX
Home Office: Minneapolis, Minnesota 55401-2499
APRIL 2ND, 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 36, GREEN HEIGHTS, SCOTT COUNTY, MINNESOTA.
CRAIG S. & TERRY TSCHIDA
17222 MUSHTOWN ROAD
PRIOR LAKE, MN 55372
LEON S. GARLING
WILLIAM G. & BARBARA C. EDY
3813 ROOSEVELT STREET
PRIOR LAKE, MN 55372
JOEL G. BORCHARDT
MARIA J. ROONEY
3841 ROOSEVELT ST SW
PRIOR LAKE, MN 55372
KURT W. & DENISE J. BERKEBILE
3827 ROOSEVELT ST SW
PRIOR LAKE, MN 55372
MITCHELL A. FRANK
3857 ROOSEVELT ST SW
PRIOR LAKE, MN 55372
TODD M. & BARBARA J. ULSCHMID
16582 DUNKIRK AV
PRIOR LAKE, MN 55372
RANDY J. MCWILLIAMS & WIFE
3880 PERSHING 8T SW
PRIOR LAKE, MN 55372
BRADLEY R. & MICHELE L. LEIN
3852 PERSHING ST SW
PRIOR LAKE, MN 55372
ANDY & RENEE SIEBENALER
3842 PERSHING AVE SW
PRIOR LAKE, MN 55372
JOHN W. GUTZMER
3832 PERSHING ST SW
PRIOR LAKE, MN 55372
FRANK MUELKEN
15685 FISH POINT RD SE
PRIOR LAKE, MN 55372
KURT D. & CATHY CHELGREN
3814 PERSHING ST SW
PRIOR LAKE, MN 55372
CITY OF PRIOR LAKE
16200 EAGLE CREEK AV
PRIOR LAKE, MN 55372
DIJe.-
'--'7~A~THORIZED SIGNATUR.E..'
(r[dr'lL /(;J12-er-
MARGE KOTZER
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RECEIPT
No ~7642
DATE~ 3,5(.,:.
CITY OF
PRIOR LAKE
4629 DAKOTA STREET S.E., PRIOR LAKE, MN 55372
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whose address and/or I ega II descr i pt ion is
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