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Home My WebLink About99-062 Variance .~ Planning Case File No. q~,,(!)Ct:>2..- Property Identification No. ~d.S II 70070 City of Prior Lake LAND USE APPLICATION 16200 Eagle Creek Avenue S.E. / Prior Lake, Minnesota 55372-1714 / Phone (612) 447-4230, Fax (612) 447-4245 ., Type of Application: Brief description of proposed project (attachadditi()~al o Rezoning, from (present zonin~) sheets/narrative if desired) , ( to (pro,posed zonin~) R. E(JulC.s. f>-.t~ TlNb ~ '-I l<- a 4 b~~ J o Amendment to City Code, Compo Plan or City Ordinance ~-~~. uJlJ7..( d.-'I' WloL .,c 3<f ' #' o Subdivision of Land bUf' ~~~. 1'0 fJec.o """0 0 Ii1E.- 6 CA-<.S o Administrative Subdivision ~ II4JTU7leN ~t?'1 TJibfT'i- WF:./P'rUtA.., o Conditional Use Permit VAA/Md:..- "'to ~.so.e I( s))tv 0\Kt.. IN ~I\IT f{lJ./lD, JiI Variance ricable Ordlnanee Se<:tlon(s): -t 107-. ~ ~ t 8) o Other: Applicant(s ): WILL- r~ g- LI/Vo Address: Go R .l. - /5..(') w .s:~ SE (JAlo~ ~ M/\/ -s-Y3"?..l.. Home Phone:(Co / J, ) L/~o - 7,SJ..<;,- Work Phone: (6/.L.) if <to :.. 7531 Property Owner(s) [If different from Applicants]: Address: Home Phone: Work Phone: Type of Ownership: Fee _ Contract for Deed _ Purchase Agreement-", Legal Description of Property (Attach a copy if there is not enough space on this sheet): tA .s:rw CH)O loT - g 't 9 To the best of my knowledge the information provided in this application and other material submitted is correct. In addition, I have read the relevant sections of the Prior Lake Ordinance and procedural guidelines, and understand that a~1I not be P'd deemed eomplete by Ibe Planning Direetor or assignee. 6 ~~-n Applicant's Signature ~ Date Fee Owner's Signature Date THIS SPACE TO BE FILLED IN BY THE PLANNING DIRECTOR OR DESIGNEE Q.~~ 2--0 PLANNING COMMISSION APPROVED DENIED DATE OF HEARING CITY COUNCIL APPROVED DENIED DATE OF HEARING CONDITIONS: Signature of Planning Director or Designee Date lu-app2.doc Received of the sum of for the purpose of ~ dollars ~ Invoice # $ ISO~ .~ State of Minnesota ) )ss. ) Doc. No. T109417 Vol. 85 Page 100 eert.28418 OFFICE OF THE REGISfRAR OF TITLES scan COUNTY, MNNESOTA Certified Filed on 01-13-2000 at 03:30 [lAM ['><!PM Pat Boeckman, Registrar of Titles 01 by C'~ , Deputy Fee: $20.50 Cou nty of Scott I, Kelly Meyer, being duly sworn, as Deputy City Clerk for the City of Prior Lake, do hereby certify that the attached summary of Resolution 99-116 is a true and correct copy of the original as passed and adopted by the City Council of the City of Prior Lake at its November 1, 1999 meeting. Date: /1 h~'1 I Kelly Meyer Deputy City Clerk xGba-~'P~~ /\ f " : "c.'." ~. ~ > h:\certify.doc RESOLUTION 99-116 OVERTURNING A DECISION OF THE PLANNING COMMISSION TO DENY A VARIANCE TO LOCATE AN ACCESSORY GARAGE BUILDING BETWEEN THE FRONT BUILDING WALL AND THE FRONT LOT LINE INSTEAD OF THE REQUIRED SIDE YARD OR REAR YARD ON THE PROPERTY LOCATED AT 6082150th STREET SE MOTION BY: Schenck SECOND BY: Wuellner WHEREAS, on October 18, 1999, the Prior Lake City Council considered an appeal by William B. Lind of the Planning Commission's denial of a request for a variance to locate an accessory garage between the front building wall of the principal structure and the front lot line for the property legally described as Lots 8 & 9, Eastwood, Scott County, Minnesota; and WHEREAS, the City Council finds that the requested variance meets the standards for granting variances set forth in Section 1108.400 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 requested variances should be overturned, and said variances should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE THAT: FINDINGS 1. William B. Lind applied for a variance from Section 1102.800 (8) of the City Code in order to permit an accessory garage building between the front building wall and the front lot line instead of the required side yard or rear yard as shown in Exhibit A on property located in the R-1 (Low Density Residential) and SD (Shoreland) Districts at the following location, to wit; 6082 150th Street SE, Prior Lake MN, legally described as Lot 8 and 9 Eastwood, Scott County, Minnesota. 2. The Planning Commission reviewed the application for variance as contained in Case File #99- 62PC, and held a hearing thereon September 13, 1999. The Planning Commission denied the applicant's request. 3. The Planning Commission concluded the variance request did not meet the hardship criteria and denied the request. 4. William B. Lind appealed the decision of the Planning Commission in accordance with Section 1109.400 of the City Code on September 17, 1999. 5. The City Council 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, 16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 .-\:'-l EQUAL OPPORTUNITY EMPLOYER 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. Because of conditions on the subject property and on the surrounding property, 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. 7. The City Council has determined the request meets the hardship criteria. The unique circumstances or conditions regarding the property include the exceptionally deep lot, the existence of a front yard on the street and a front yard on the lake side of the property, and the fact that the proposed garage is not a major modification of the existing garage. In addition, the potential drainage problems which may occur as a result of placing the garage closer to the house would constitute a hardship. 8. The granting of the variance will not serve merely as a convenience to the applicant, and is necessary to alleviate demonstrable hardship. 9. The contents of Planning Case File #99-062 are hereby entered into and made a part of the public record and the record of the decision for this case. CONCLUSION BE IT FURTHER RESOLVED, based upon the Findings set forth above, the City Council hereby overturns the decision of the Planning Commission and approves the following variance, as shown in Exhibit A, which exhibit is incorporated into this resolution: 1. A variance to permit location of an accessory building (detached garage of 816 sq. ft.) between the front building wall and front lot line (the front yard) rather than the requirement of rear or side yard location, Code 1102.800 (8) reads in part, No accessory building shall be located between the front building wall and the front lot line. BE IT FURTHER RESOLVED, the approved variance is subject to the following condition: 1. The resolution must be recorded and proof of recording submitted to the Planning Department. An Assent Form must be signed and, pursuant to Section 1108.400 of the City Code, the variance will be null and void if the necessary permits are not obtained for the proposed structure within one year after adoption of this resolution. Passed and adopted this 1 st day of November, 1999. Mader X Mader Kedrowski X Kedrowski Petersen X Petersen Schenck X Schenck Wuellner X Wuellner YES NO {Seal} r:\council\resoluti\planres\99\99-116.doc Page 2 Lot 7 ~r10r 4 ::;: Lot 10 Lot 9 8 8 \ V .EXHIBIT A Survey line Son MH ASSENT OF APPLICANT File #99-62PC As Approved by Resolution #99-116 The undersigned hereby assents to the following: 1. I have read the conclusions and conditions of said Resolution, and I am familiar with their contents and with the content of the exhibits. 2. I fully accept all of the terms and conditions of said Resolution. 3. I understand Section 1108.400 of the Prior Lake Ordinance Code provides as follows: 1108.413 Revocation and Cancellation of a Variance. A Variance may be revoked and canceled if the Zoning Administrator determines that the holder of an existing Variance has violated any of the conditions or requirements imposed as a condition to approval of the Variance, or has violated any other applicable laws, ordinances, or enforceable regulation. 1108.414 After One Year. No Construction Required. All Variances shall be revoked and canceled if 1 year has elapsed from the date of the adoption of the resolution granting the Variance and the holder of the Variance has failed to make substantial use of the premises according to the provisions contained in the Variance. 1108.415 After One Year. New Construction Required. All Variances shall be revoked and canceled after 1 year has elapsed from the date of the adoption of the resolution granting the Variance if a new structure or alteration or substantial repair of an existing building is required by the Variance and the holder has failed to complete the work, unless a valid building permit authorizing such work has been issued and work is progressing in an orderly way. 1108.416 Upon Occurrence of Certain Events. If the holder of a Variance fails to make actual use of vacant land, or land and structures which were existing when the Variance was issued and no new structure, alteration or substantial repair to existing buildings was required; or if a new structure was required by the Variance and no building permit has been obtained, the Variance shall be deemed revoked and canceled upon the occurrence of any of the following events: (1) A change in the Use District for such lands is made by amendment to the Zoning Ordinance by the City Council. L:\TEMPLA TE\V ARIANCE\ASSENT.DOC 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER (2) Eminent domain proceedings have been initiated to take all or any part of the premises described in the Variance. (3) The use described in the Variance becomes an illegal activity under the laws of the United States of America or the State of Minnesota. (4) Title to all or part of land described in such Variance is forfeited to the State of Minnesota for nonpayment of taxes. (5) The person to whom the Variance was issued files a written statement in which that person states that the Variance has been abandoned. The statement shall describe the land involved or state the resolution number under which the Variance was granted. (6) The premises for which the Variance was issued are used by the person to whom the Variance was issued in a manner inconsistent with the provisions of such Variance. 4. I understand the granting by the City of this Resolution is in reliance on the representations that I will fully comply with all ofthe terms and conditions of said Resolution. I understand and agree upon notice of non-compliance with any term or condition, I shall immediately cease conducting activities pursuant to the notice or will take all actions necessary to accomplish full compliance with said notice and conditions of the Resolution. 1/ ~ d- 0 -;9-9 I ~ f 3 ~ (\ 0 DATE a:dL' ~ SIGN~T~. ...OE d4I'L '~ SIGNATURE Of R Go f ,) --- 150~( S 'j\(f:~1 .s.~~ ADDRESS OF PROPERTY ./:1 / /~/(,~ L~ 11'1.-1 / L:\TEMPLA TE\V ARIANCE\ASSENT.DOC 2 Project # STATE OF MINNESOTA) )ss. COUNTY OF SCOTT ) The undersigned, duly qualified and Deputy City Clerk of the City of Prior Lake, hereby certifies the attached hereto is a true and correct copy of the original. RESOLUTION # 99-020PC CASE FILE # 99-062PC on file in the office ofthe City Planner, City of Prior Lake. elly Meyer Deputy City C erk Dated this Oct It /9''1 (City Seal) 16200 E._tC~~.~.E., Prior Lake, Minnesota 553172-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER RESOLUTION 99-20PC A RESOLUTION DENYING A VARIANCE TO PERMIT AN ACCESSORY GARAGE BUILDING TO BE LOCATED BETWEEN THE FRONT BUILDING WALL AND THE FRONT LOT LINE INSTEAD OF THE REQUIRED SIDE YARD OR REAR YARD. BE IT RESOLVED BY the Board of Adjustment ofthe City of Prior Lake, Minnesota; FINDINGS 1. WILLIAM B. LIND has applied for variances from the Zoning Ordinance in order to permit garage construction in the front yard located in the R-l (Low Density Residential) District and the SD (Shoreland Overlay) District at the following location, to wit; 6082 150TH STREET SE, PRIOR LAKE, MN, legally described as LOT 8 AND 9 EASTWOOD, SCOTT COUNTY, MINNESOTA 2. The Board of Adjustment has reviewed the application for variances as contained in Case #99-62PC and held hearings thereon on SEPTEMBER 13, 1999. 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. Because of conditions on the subject property and on the surrounding property, the proposed variance will 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. 5. It is possible to construct an accessory structure on this lot in a location meeting the requirements of the Zoning Ordinance. 6. The grade and existing structure locations do not constitute a hardship since a reasonable use of the property does exist without the granting of the variance. The proposed structure may be relocated and constructed without a variance. 1:\99fi1es\99var\99-062\20pcres.doc 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER . 7. The granting of the variance is not necessary for the preservation and enjoyment of a substantial property right of the applicant. The variance will serve merely as a convenience to the applicant, and is necessary to alleviate demonstrable hardship. 8. The contents of Planning Case #99-62PC 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 denies the following variance for : 1. Permit an accessory garage building to be located between the front building wall and the front lot line instead ofthe required side or rear yards. Adopted by the Board of Adjustment on September 13, 1999. An~ 1:\99files\99var\99-062\20pcres.doc 2 REGULAR COUNCIL MEETING MINUTES November 1, 1999 CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Mayor Mader called the meeting to order. Present were Mayor Mader, Councilmember Kedrowski, Petersen, Wuellner, and Schenck, City Manager Boyles, City Attorney Pace, Planning Coordinator Kansier, Acting City Engineer McDermott, Finance Director Teschner, Park & Recreation Director Hokeness, Parks Maintenance Supervisor Friedges, Planner Tovar and Recording Secretary Meyer. APPROVAL OF AGENDA: MOTION BY WUELLNER, SECOND BY SCHENCK TO APPROVE THE AGENDA AS PROPOSED. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. APPROVAL OF MINUTES FROM OCTOBER 18.1999 MOTION BY SCHENCK, SECOND BY WUELLNER, TO APPROVE OCTOBER 18, 1999 MEETING MINUTES. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. CONSENT AGENDA: (A) Consider Approval of Invoices to be Paid. '1'1- O&;;;J.- (B) Consider Approval of Resolution 99-116 Overturning the Decision of the Planning Commission to Deny a Variance to Locate an Accessoty Garage Building Between the Front Building Wall and the Front Lot Line instead of the Required Side and Rear Yard on the Property Located at 6082 - 150th Street S.E. BOYLES: Briefly reviewed the consent agenda items. MOTION BY SCHENCK, SECOND BY WUELLNER TO APPROVE THE CONSENT AGENDA AS PROPOSED. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA: None. PRESENTATIONS: Proclamation by Mayor Mader Recognizing Youth Appreciation Week. Mayor MADER read the proclamation and declared November 7-13,1999 as youth appreciation week in the City of Prior Lake. Because the public hearing was scheduled for 7:45 pm, and the meeting had not reached that time, Item 8A became the next item on the agenda. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: ALTERNATIVES: CITY COUNCIL AGENDA REPORT NOVEMBER 1, 1999 4B JANE KANSIER, PLANNING COORDINATOR DON RYE, PLANNING DIRECTOR CONSIDER APPROVAL OF RESOLUTION 99-XX OVERTURNING THE DECISION OF THE PLANNING COMMISSION TO DENY A VARIANCE TO LOCATE AN ACCESSORY GARAGE BUILDING BETWEEN THE FRONT BUILDING WALL AND THE FRONT LOT LINE INSTEAD OF THE REQUIRED SIDE YARD AND REAR YARD ON THE PROPERTY LOCATED AT 6082 150TH STREET SE History: On October 18, 1999, the City Council considered this appeal of the Planning Commission decision to deny a variance request by William B. Lind to replace an existing 24 ft. x 24 ft. detached garage with a new 24 ft. x 34 ft. detached garage (accessory building) in the front yard area between the principal building (house) and the front lot line. The property in question is located at 6082 150th Street SE. The Council found the requested variance met the hardship criteria and directed staffto prepare a resolution overturning the decision ofthe Planning Commission and approving the request. Issues: The attached resolution includes findings of facts supporting the variance request. These findings are based on the testimony at the public hearing and the discussion by the City Council. The City Council should review the resolution to be certain it contains the relevant findings. Conclusion: The attached resolution was prepared according to the direction of the City Council. The staff recommends approval of Resolution 99-XX. The City Council has two alternatives: 1. Adopt Resolution 99-XX as part of the Consent Agenda overturning the decision of the Planning Commission and approving the requested variance. 2. Defer action on this item and provide staff with additional direction. b\99fi1es\99vAr\99-06Z\9906..2c~do~ 1 162 U cagle creek Ave. ~.t.., l-'rior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER RECOMMENDED MOTION: REVIEWED BY: I: \99files\99var\99-062\99062cc.doc The staff recommends Alternative #1. A motion and second as part of the Consent Agenda adopting resolution 99-XX overturning the decision of the Planning Commission and approving the requested vanance. Frank 2 RESOLUTION 99-XX RESOLUTION OF THE PRIOR LAKE CITY COUNCIL OVERTURNING A DECISION OF THE PLANNING COMMISSION TO DENY A VARIANCE TO LOCATE AN ACCESSORY GARAGE BUILDING BETWEEN THE FRONT BUILDING WALL AND THE FRONT LOT LINE INSTEAD OF THE REQUIRED SIDE YARD OR REAR YARD ON THE PROPERTY LOCATED AT 6082 150th STREET SE MOTION BY: SECOND BY: WHEREAS, on October 18, 1999, the Prior Lake City Council considered an appeal by William B. Lind of the Planning Commission's denial of a request for a variance to locate an accessory garage between the front building wall of the principal structure and the front lot line for the property legally described as Lots 8 & 9, Eastwood, Scott County, Minnesota; and WHEREAS, the City Council finds that the requested variance meets the standards for granting variances set forth in Section 1108.400 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 requested variances should be overturned, and said variances should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE: FINDINGS 1. William B. Lind applied for a variance from Section 1102.800 (8) of the City Code in order to permit an accessory garage building between the front building wall and the front lot line instead of the required side yard or rear yard as shown in Exhibit A on property located in the R-l (Low Density Residential) and SD (Shoreland) Districts at the following location, to wit; 6082 150th Street SE, Prior Lake MN, legally described as Lot 8 and 9 Eastwood , Scott County, Minnesota. 2. The Planning Commission reviewed the application for variance as contained in Case File #99-62PC, and held a hearing thereon September 13, 1999. The Planning Commission denied the applicant's request. 3. The Planning Commission concluded the variance request did not meet the hardship criteria and denied the request. ..l:\99fi1e.s.,\99v\lr\99-062lrs29xx.doc Page 1 16200 cagle Creek Ave. S.c., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 4. William B. Lind appealed the decision of the Planning Commission in accordance with Section 1109.400 of the City Code on September 17, 1999. 5. The City Council 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. 6. Because of conditions on the subject property and on the surrounding property, 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. 7. The City Council has determined the request meets the hardship criteria. The unique circumstances or conditions regarding the property include the exceptionally deep lot, the existence of a front yard on the street and a front yard on the lake side of the property, and the fact that the proposed garage is not a major modification of the existing garage. In addition, the potential drainage problems which may occur as a result of placing the garage closer to the house would constitute a hardship. 8. The granting of the variance will not serve merely as a convenience to the applicant, and is necessary to alleviate demonstrable hardship. 9. The contents of Planning Case File #99-062 are hereby entered into and made a part of the public record and the record of the decision for this case. CONCLUSION BE IT FURTHER RESOLVED, based upon the Findings set forth above, the City Council hereby overturns the decision of the Planning Commission and approves the following variance, as shown in Exhibit A, which exhibit is incorporated into this resolution: 1. A variance to permit location of an accessory building (detached garage of 816 sq. ft.) between the front building wall and front lot line (the front yard) rather than the requirement of rear or side yard location, Code 1102.800 (8) reads in part, No accessory building shall be located between the front building wall and the front lot line. BE IT FURTHER RESOLVED, the approved variance is subject to the following condition: 1. The resolution must be recorded and proof of recording submitted to the Planning Department. An Assent Form must be signed and, pursuant to Section 1108.400 of the City Code, the variance will be null and void if the necessary permits are not obtained for the proposed structure within one year after adoption of this resolution. Passed and adopted this 1st day of November, 1999. 1: \99files\99var\99-062\rs99xx.doc Page 2 {Seal} I: \99fi1es\99var\99-062\rs99xx.doc Mader Kedrowski Petersen Schenck Wuellner YES Mader Kedrowski Petersen Schenck Wuellner NO City Manager, City of Prior Lake Page 3 Council Meeting Minutes October 18. 1999 KEDROWSKI: Pointed out that there is one conforming lot, and one nonconforming lot, and that circumstance will not change. Does not see hardship or a significant reason to set aside the ordinance other than one person wants to sell, and one person wants to buy. MADER: Commented that ordinances are in place to manage development. Does not see the practical purpose in imposing the ordinance now if there is no damage and no negative impact. In favor of granting the administrative subdivision because it does not violate the integrity of our ordinances. KEDROWSKI: Asked the rationale for supporting the administrative subdivision because the Council would need to define criteria in order to support its action with respective to future requests. MADER: There is no damage to the public, and there is an indication by the property owners that a hardship is present. MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO APPROVE RESOLUTION 99-108 DENYING AN ADMINISTRATIVE SUBDIVISION AND VARIANCES FOR MARY RIXMANN AND JOHN BOSSARDT ON PROPERTY LOCATED AT 15311 AND 15329 BREEZY POINT ROAD. SCHENCK: Asked if the private disagreement should be a consideration in voting on this action. PACE: No. WUELLNER: Reiterated that actions by previous Council's should not be reversed based upon intent of the current property owners when the previous action was done for a specific purpose. PETERSEN: Noted that the amount of impervious surface remains unchanged. Does not support the motion. WUELLNER: Clarified that the action impacts future requests and sets a precedent. VOTE: Ayes by Kedrowski, Wuellner, and Schenck, Nay by Mader and Petersen, the motion carried. L1t1 - 00d- Public Haat1ng to ~~.,<I!p,."v,J.of ResoluUon g9-XX Upholding the Decision of the PI.nnllf9!OoIIIIrII--t6~i~.v.rt.n~tol.'*te..~A~C>>?' Garage Building "etf,yeel1 the .Ft1:Mf .....g Wall and the .Front Lot Line Instead Of fhfI RequtttKJ Side Yard and Rear Yard. BOYLES: Noted that a revised staff agenda had been distributed. The only revision was that the first two lines of the second page were incomplete. Also noted that the applicant's counsel had provided a summary of their position which has become part of the public record. KANSIER: Reviewed the public hearing in connection with the staff report, and noted the specific items at issue, the planning commission recommendation, and the legal alternative for Mr. Lind which would allow a garage to be built. MADER: Declared the public hearing open. JIM BATES (counsel for William Lind): Noted the materials previously distributed to Council, and introduced Mr. and Mrs. Lind. Believes that the house is clearly designed to stand alone, and an 101899.DOC 4 Council Meeting Minutes October 18. 1999 attached garage would disrupt a view to the front of the house. Advised that the alternative to attach the garage is not reasonable, and that just because a legal alternative is available, is not reason to deny the applicant's use of their property. There is demonstrated hardship with respect collectively to costs, aesthetics, and drainage issues. The use proposed is reasonable and does not disrupt the intent of the ordinance in this circumstance. WILLIAM LIND (6082 150th Street): Noted that attaching the garage to the house on the east side as recommended by the planning commission would also exaggerate the current water run-off conditions which they are dealing with. MOTION BY KEDROWSKI, SECOND BY PETERSEN TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner, and Schenck, the motion carried. MADER: Commented, while noting specific instances in the material submitted by Mr. Bates, that Mr. Bates repeatedly implies that state statutes provide that if any use as determined by the property owner is reasonable, then the City must grant the variance request. Added that if that was an accurate interpretation, the City would not have zoning authority. Also noted that the state legislature has been very clear that the Council has jurisdiction in such matters and are not obligated to provide a variance for any use described as reasonable.. Believes that both the planning commission and staff acted conscientiously in response to our ordinance. Does not feel this is a unique situation that proposes a hardship. Despite disagreeing with Mr. Bates interpretation of the City's authority, supports granting the variance because the ordinance needs an amendment specifically in the shoreland district, where many garages are located in the front yards and it is not practical to redesign existing structures to accommodate the ordinance. Suggested directing staff to research possible ordinance amendments. WUELLNER: Will not support the motion to deny. Indicated that he was concerned at the time the zoning ordinance was drafted that it did not allow garages in front yards, especially with respect to lake property. Noted that on lake property the front yards are the side that faces the lake. It is reasonable to have garage structures in the "front" yard as defined in the ordinance. Would support an ordinance amendment. PACE: Clarified that in order to overturn the Planning Commission, the appropriate action would be a motion to grant the variance and direct staff. PETERSEN: Noted that the Council did discuss granting variances in such cases because the ordinance cannot fit all properties. Would support an ordinance amendment for lakefront property. KEDROWSKI: Also will support granting the variance and re-evaluating the current ordinance provisions. SCHENCK: Asked on which side of the garage is the addition proposed. LIND: Clarified that the request is to make a 10' extension to the east side of the garage, with a concrete pad to the south. KANSIER: Clarified that the survey provided in the staff report is consistent with the applicant's earlier request for a building permit. Mr. LIND confirmed. 101899.DOC 5 , Council Meeting Minutes October 18. 1999 MOTION BY MADER, SECOND BY KEDROWSKI TO GRANT THE VARIANCE REQUEST OF WILLIAM LIND AND DIRECTING STAFF TO PREPARE A RESOLUTION WITH FINDINGS OF FACT FOR COUNCIL CONSIDERATION AT THE NOVEMBER 1,1999 MEETING. KANSIER: Asked for clarification that findings for granting the variance are that this is an exceptionally deep lot, the lot has a lakeside front yard, there is a drainage issue, no danger to public safety, and that there would be a significant impact to the house structure in order to add an attached garage. The Councilmembers concurred. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. MOTION BY MADER, SECOND BY WUELLNER TO REVIEW ZONING CODE SECTION 1102.800 SPECIFICALLY AS IT RELATES TO ALLOWING GARAGES IN FRONT YARDS. MADER: Clarified that the direction would be for staff to not necessarily eliminate the provision, but to define when it is and is not appropriate. KANSIER: Suggested bringing several options to the Council in a Workshop setting prior to the hearing process. The Council members agreed that would be the appropriate procedure. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. The Council took a brief recess. OLD BUSINESS: Consider Approval of Resolution 99-109 Endorsing the Kids Voting Minnesota program. MOTION BY KEDROWSKI, SECOND BY WUELLNER TO APPROVE RESOLUTION 99-109 ENDORSING THE KIDS VOTING MINNESOTA PROGRAM. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. Consider Approval of Resolution 99-110 Authorizing Issuance of $1,025,000 in General Obligation Improvement Bonds of 1999. MATTSON: Gave a brief overview of the item in connection with the staff report. Noted that the City has an A-2 rating and that they should move to an A-1 rating upcoming. Discussed interest rates over the last 8-9 weeks and the marketing and the point of sale of the bonds. Recommended approval of the resolution and sale of the bonds to Juran & Moody. MOTION BY KEDROWSKI, SECOND BY PETERSEN TO APPROVE RESOLUTION 99-110 AUTHORIZING ISSUANCE OF $1,025,000 IN GENERAL OBLIGATION IMPROVEMENT BONDS OF 1999. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. 101899.DOC 6 MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT OCTOBER 18, 1999 ?If. 7-'0 STEVEN HORSMAN, ZONING ADMINISTRATOR DON RYE, PLANNING DIRECTOR CONSIDER APPROVAL OF RESOLUTION 99-XX UPHOLDING THE DECISION OF THE PLANNING COMMISSION TO DENY A VARIANCE TO LOCATE AN ACCESSORY GARAGE BUILDING BETWEEN THE FRONT BUILDING WALL AND THE FRONT LOT LINE INSTEAD OF THE REQUIRED SIDE YARD AND REAR YARD History On September 13, 1999, the Planning Commission held a public hearing for a Variance request by William B. Lind to replace an existing 24 ft. x 24 ft. detached garage with a new 24 ft. x 34 ft. detached garage (accessory building) in the front yard area between the principal building (house) and the front lot line. The property in question is located at 6082 150th Street SE. City Code 1102.800 (8): b. reads in part, No accessory building shall be located between the front building wall and the front lot line. The accessory building area as permitted by code only allows a rear and side yard garage location, with one exception. Code 1102.800 (8) j. Where the natural grade of a lot at the building line of a house is 8 feet or more above the established curb level, a private garage may be erected within any yard provided 1/2 or more of its height is below grade level and it is located a minimum 10 feet from any street line and 5 feet from any side lot line In this case the average elevation across the front building line of the existing house is approximately 7.3 feet below the established curb level. The SW corner elevation is 926.4 ft. (5.8 ft.) and the SE corner is 923.4 ft. (8.8 ft.) below the established curb elevation of932.2 ft. (as shown on attached survey Exhibit A). Considerable grading and some tree removal would be required to attach or place a garage in front of the house to be considered part of the principal structure and to be compliant with the City Code. 1620~M:lagm\~k\~~<ERpJiO'lmlli:adl;e, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER , , considered part of the principal building for the purpose of applying provisions of this Ordinance including, but not limited to, setbacks and other dimensional requirements. This may increase the cost of the project but economic hardship alone shall not be grounds for granting a vanance. In addition, the Code allows for a detached garage in the side yard. This location may not be practical because the existing building side yard setbacks of 23 feet and 16 feet would at best allow a 13 foot wide garage. At the hearing the Planning Commission heard testimony from the applicants and their builder. They discussed the difficultywith storm water drainage into their home by placing the garage adjacent to the house front. They also expressed the need for a 3 car garage as a standard for a lake home and to preserve vehicle condition and value. The Planning Staff concluded that all variance hardship criteria had not been met and recommended the variance be denied. The Planning Commission concurred and denied the variance request. A copy of the minutes to the September 13, 1999, Planning Commission meeting and Resolution 99-20PC denying the variance are attached to this report. Current Circumstances On September 17, 1999, the City received a notice from Attorney James D. Bates, appealing the Planning Commissions denial of this variance (appeal notice attached). The notice was received within the 5 day timeline required for the appeal process. In accordance with the provisions of Section 1109.400: Appeal to the City Council, the public hearing was scheduled for the City Council meeting on October 18, 1999, and public notice was posted in the Prior Lake American on October 2, 1999. Notices were also mailed to owners of property within 350 feet ofthis site on October 8, 1999. Issues Variances must be evaluated based on the criteria listed in Code Section 1108.406: Issuance (see attached). These criteria and the suggested findings are discussed below. Conclusion The Planning Commission and staff concluded the variance did not meet all ofthe required nine hardship criteria and that a legal alternative exists for location ofthe garage to be attached or placed L:\99FILES\99V AR\99-062\CCREPORT.DOC 2 ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: less than 6 feet from the principal structure. Therefore, the staff recommends the Council uphold the decision of the Planning Commission. 1. Adopt Resolution 99-XX upholding the decision of the Planning Commission to deny this variance. 2. Overturn the decision ofthe Planning Commission and direct staff to prepare a resolution for approval of the variance. 3. Defer action onthe appeal at this time and continue the agenda item for a specific purpose. Alternative # 1. A motion and second adopting Resolution 99-XX upholding the decision ofthe Planning Commission to deny a variance to permit location of an accessory building (garage) between the front building wall (principal structure) and the front lot line. Frank Boyles, City Manager L:\99FILES\99V AR\99-062\CCREPORT.DOC 3 RESOLUTION 99-XX RESOLUTION OF THE PRIOR LAKE CITY COUNCIL UPHOLDING A DECISION OF THE PLANNING COMMISSION TO DENY A VARIANCE TO LOCATE AN ACCESSORY GARAGE BUILDING BETWEEN THE FRONT BUILDING WALL AND THE FRONT LOT LINE INSTEAD OF THE REQUIRED SIDE YARD OR REAR YARD ON THE PROPERTY LOCATED AT 6082 150th STREET SE MOTION BY: SECOND BY: WHEREAS, on October 18, 1999, the Prior Lake City Council considered an appeal by William B. Lind of the Planning Commission's denial of a request for a variance to locate an accessory garage between the front building wall of the principal structure and the front lot line for the property legally described as Lots 8 & 9, Eastwood, Scott County, Minnesota; and WHEREAS, the City Council finds that the requested variance does not meet the standards for granting variances set forth in Section 1108.400 of the City Code, and that the appellant has not 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 requested variances should be upheld, and said variances should be denied. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE: FINDINGS 1. William B. Lind applied for a variance from Section 1102.800 (8) of the City Code in order to permit an accessory garage building between the front building wall and the front lot line instead of the required side yard or rear yard as shown in Exhibit A on property located in the R-l (Low Density Residential) and SD (Shoreland) Districts at the following location, to wit; 6082 150th Street SE, Prior Lake MN, legally described as Lot 8 and 9 Eastwood, Scott County, Minnesota. 2. The Planning Commission reviewed the application for variance as contained in Case File #99-62PC, and held a hearing thereon September 13, 1999. The Planning Commission denied the applicant's request. 3. The Planning Commission concluded the variance request did not meet the hardship criteria and denied the request. J:\99filc;.s.\99vilr\99-062\ccres.doc Page 1 16200 Eagle LreeK Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 4. William B. Lind appealed the decision of the Planning Commission in accordance with Section 1109.400 of the City Code on September 17, 1999. 5. The City Council 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. 6. The City Council has determined the request does not meet all nine of the hardship criteria. There are not unique circumstances or conditions regarding the property. Any hardship was caused by the actions of the applicant through the design and placement of the proposed structures. There are no unique characteristics to the property which would constitute a hardship. 7. The denial of the requested variances do not constitute a hardship with respect to literal enforcement of the ordinance as there exists reasonable use of the property without the vanances. 8. The contents of Planning Case File #99-062 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 upholds the decision of the Planning Commission denying a variance to locate an accessory garage building between the front building wall and the front lot line instead of the required side yard and rear yard for applicant William B. Lind, as shown in Exhibit A, which exhibit is incorporated into this resolution. Passed and adopted this 18th day of October, 1999. YES NO Mader Kedrowski Petersen Schenck Wuellner Mader Kedrowski Petersen Schenck Wuellner {Seal} City Manager, City of Prior Lake 1: \99files\99var\99-062\ccres.doc Page 2 6082 150th Street ~~ Site Location 1 o I 500 1000 Feet ~ N .:.:.!.....'~:., ~-~. "'-,"- /- - "'--'..~ ...:_.:;.:.::::-.:..:--~,",.--"':':':'~~~~,...... "'-~",,"" "--'-'.'" --~~~p~jo-~ ~,~~,~ o;go-.olo< ""' Lot 7 = "EXHIBIT A \" e Survey ,n Lot 10 Lot 9 (V (V ---\ (VI \ V r;: San MH CITY OF PRlOR LAKE Impervious Surface Calculations (To be Submitted with Building Pennit Application) For All Properties Located in the Shore land District (SD). The Maximum Impervious Surface Coverage Permitted in 30 Percent. Property Address 6082 W (5" DTH- <;;\ ~ b Lot Area 42, (,97 Sq. Feet x 30% = .............. r"2. 800, ************************************************************************ x x x = SQ. FEET l/b3 LENGTH \VIDTH HOUSE = ATTACHED GARAGE = TOTAL PRINCIPLE STRUCTURE...................... }l63 DETACHED BLDGS (Garage/Shed) 34 x x 24 ""' B }-/, TOTAL DETACHED Bun..DINGS...~..__............ @ J ~ x X X = 3~T( DRIVEWAYIPAVED AREAS (Driveway.paved or not) (Sidewalk/Parking Areas) = = TOTAL P A YED AREAS...............-.........-.---....... 3~?L (Open Decks Yo" min. opening betWeen boards. with a pervious sumcc below, are not considered to be impervioU!) x S1fTJOS- = 25~ X = D~L.K- ~c,~ X = P A TIOS/PORCHESIDECKS TOTAL DE CKS...__.............-.-......-........-.. g 4- b X X = OTHER = TOTAL OTHER..-..-.................-........-.----.......... UNDER/OVER Prepared By 8 ~ )r,('-t.-.~----'J' () I Company ~r.r\ SM tJtJ Et=RJ "t's: ;- ~ i) RV€'f'IJt- I (, Sr:;7 !)/V OS-R...I 5052 Date G l 1'1) L ) c;<=8 Phone # egg) "3 '3 S'-b f2 EV ) 3 At) 6- \ q<1q TOTAL IL,\1PERVIOUS SURFACE ~ ..''\, ,\ I~ e. L..{ '- 0" '1 .-- , ~J . t) 0 T 11 tJ ~ IJl ........ ell ~ ~ .:J N) 0::' ,... r - ::: " t I I , , .1 : ....i -- 6Q. JG~ OVHO. DR. 3-2.."Y1L{ HOR. OYER I ~. v ,/ ,-.. " , } J , L 'COUc. . A?RO~ j D J :I u ;J. <{ ~ ..9 o '" -FLOOR -PLAN sce...L.E.: lfL..fx ['-all ..- ~. - q1 /96~ . . III I)) SIDE. ELEVA T IOtJ SCALE. IN-I'.a' .. J .. --= - 0":=0 - .#- FROJ-JT ELE VA T lO~ _S.~_",:-_L.-~ '/1./. r-o" . Planning Commission Minutes September 13, 1999 Cramer: · There is questionable access and lake level concern. · Deny rezoning request at this time. Cannot support anything at this time. The applicant is not present. V onhof: · Concurred with Cramer, there is no need to rezone at this time. Kuykendall: · Concurred with staff to rezone to Rl. · Does not want to deny because there are still issues that need to be addressed by the developer. . Either table or continue. MOTION BY KUYKENDALL, SECOND BY STAMSON, TO CONTINUE THE HEARING TO SEPTEMBER 27, 1999. Vote taken indicated ayes by all. MOTION CARRlED. D. Case #99-062 William B. Lind is requesting a variance to locate an accessory structure between the front building wall and the front lot line for the property at 6082 150th Street SE. Planning Coordinator Jane Kansier presented the Planning Report dated September 13, 1999. William Lind has applied for a variance application for the replacement of an existing detached garage and concrete pad for recreational vehicle parking. The property is a Riparian lot in the Shoreland District. The DNR had no objections to the request. Staff determined all hardship criteria had not been met. There are other legal alternatives and 'ni:cornmended denying the variance request. Comments from the public: William Lind, 6082 150th Street, did not disagree there was adequate space on the lot for an additional garage. Mr. Lind presented pictures of the existing structures and explained his proposal. His concern is the elevations from the house to the existing garage and the runoff problems he has experienced. Adding an addition to the garage or home would create additional problems. Lind said both he and his wife were in sales and it was important to keep their cars in good working condition. They have 3 cars and a 2 car garage. His proposed garage will have an appealing design. John Guzman, 1700 126 St., Blaine, Western Construction, the builder for this project, explained his concern with rebuilding and repairs to the existing garage. Guzman felt 1:\99files\99plcomm\pcmin\nm091399,doc 7 Planning Commission Minutes September 13, 1999 there was a significant drainage problem. He also said the existing garage is in need of repair with the expenses being significant. Connie Lind, 6082 150th Street, said when they purchased the property 4 years ago they planned on adding on to thegarage. She pointed out an article in the Parade of Homes indicating a 3-car garage was almost standard for any home on the lake. Kansier read the ordinance pertaining to repairs of a structure. Comments from the Commissioners: V onhof: · The Commissioners have had similar requests in the Shoreland district. · It is a deep lot and a different situation. The ordinance was designed to prevent someone from putting an accessory structure in front of their house on a standard lot. There is a great deal of distance between the residence and street and it is not unreasonable to have a detached garage. This is the only building on the lot for storing vehicles. · Variance hardships could apply in this matter. Especially in reference to the first hardship criteria which talks about the dimension of the lot or topography. The hardship criteria has been met. Kuykendall: · It seems more reasonable and added value to have a garage closer to the home. · It is a nonconforming use. The intent of the ordinance has sound rationale behind it. It would add more value to the neighboring properties to keep the garage closer to the home. . Cost is not a hardship. · Agreed with staff there are other alternatives. Want to hold firm. Stamson: · The applicant did a great job in redesigning the garage. · It is not an unreasonable use. The use of the garage in that space is not unreasonable. However, the variance hardships are not met. · Support staffs recommendation of denial. Cramer: · Understands Vonhofs concern with the lot depth as a hardship. · It is a Riparian lot. People think the lakeside is their front and the road their back. More inclined to support based on that hardship alone, but there is a large lot area to build. · Should address this issue at another time. · Appreciate what the applicant is trying to do, cannot support the request based on the lack of hardship. · Support staffs recommendation. 1:\99files\99plcomm\pcmin\rrm091399.doc 8 Planning Commission Minutes September 13, 1999 Rye reviewed the Commissioners' conversations which proposed the ordinance. There was a brief discussion between the Commissioners on the ordinance and the hardship criteria. MOTION BY KUYKENDALL, SECOND BY STAMSON, TO ADOPT RESOLUTION 99-20PC DENYING A VARIANCE TO PERMIT AN ACCESSORY GARAGE TO BE LOCATED BETWEEN THE FRONT BUILDING WALL AND THE FRONT LOT LINE INSTEAD OF THE REQUIRED SIDE YARD OR REAR YARD BASED ON THE COMMISSIONERS' FINDINGS THAT THE HARDSHIP CRITERIA HAS NOT BEEN MET. Vonhofsaid the ordinance fails in this particular case. He fully supports the City's zoning and regulations and explained why it falls short of what the ordinance is meant to do. Stamson agreed the zoning fails but did not create a compelling reason for a variance. Kuykendall disagreed stating the ordinance is in place and this matter does not fit the legal hardship criteria in any way. There was a brief discussion on the ordinance and hardship criteria. Vote taken indicated ayes by Kuykendall, Stamson and Cramer. Nay by Vonhof. MOTION CARRIED. Kansier explained the appeal process. E. Case #99-067 Mark Liesener is requesting a variance to permit lot area of 34,628 sq. feet rather than the minimum lot area of 2 acres to permit an existing lot of record to be a buildable lot. Planning Coordinator Jane Kansier presented the Planning Report dated September 13, 1999, on file in the office of the City Planner. The Planning Department received a variance application from Mark Liesener to allow the construction of a single family dwelling on a lot that does not meet the minimum lot area requirement in the R-S (Rural Subdivision Residential Use District). Liesener is requesting a 52,496 square foot variance to permit a lot area of 34,628 square feet rather than the minimum lot area of2 acres required to be buildable in an R-SDistrict. Titus Second Addition is not in the Metropolitan Urban Service Area (MUS A) and is not served by public sewer and water. A private well and septic system are required and must meet all applicable standards for private systems. ] :\99fiIes\99plcomm\pcmin\mn091399 .doc 9 PLANNING REPORT AGENDA ITEM: SUBJECT: 40 CONSIDER VARIANCE TO LOCATE AN ACCESSORY BUILDING BETWEEN THE FRONT BUILDING WALL AND THE FRONT LOT LINE, Case File #99-062 6082 150TH STREET SE, PRIOR LAKE, MN STEVEN HORSMAN JANE KANSIER, PLANNING COORDINATOR _X_ YES NO SEPTEMBER 13, 1999 SITE: PRESENTER: REVIEWED BY: PUBLIC HEARING: DATE: INTRODUCTION: The Planning Department received a variance application from William Lind for the replacement of an existing detached garage that measures 24 feet by 24 feet with a new detached garage measuring 34 feet by 24 feet (Exhibit A Survey). The owner is requesting to replace it with a larger structure including a 34 foot by 10 foot concrete pad for recreational vehicle (boat and trailer) parking. This application was received after the effective date of the new Zoning Ordinance (May 1, 1999) and is therefore being processed under the new Ordinance. The following variances are being requested: 1. A variance to permit location of an accessory building (detached garage of 816 sq. ft.) between the front building wall and front lot line (the front yard) rather than the requirement of rear or side yard location, Code 1102.800 (8) reads in part, No accessory building shall be located between the front building wall and the front lot line. I I I I DISCUSSION: Lots 8 & 9, Eastwood, were platted in 1947. The lots are recorded with Scott County under one property identification number. The property is located within the R-1 (Suburban Residential) and the SO (Shoreland Overlay) districts and is a riparian lot. The applicant does not own either of the adjacent parcels. The lot is approximately 114 feet wide and averages 425 feet deep. The accessory building area, as permitted by code, only allows a rear and side yard garage location, with one exception. Code 1102.800 (8) j, states "Where , I I t I L:\99FILES\99V AR\99-062\V ARRPT.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 the natural grade of a lot at the building line of a house is 8 feet or more above the established curb level, a private garage may be erected within any yard. provided 1/2 or more of its height is below grade level and it is located a minimum of 10 feet from any street line and 5 feet from any side lot line". In this situation the average elevation of the building line across the front of the existing house is approximately 7.3 feet below the established curb level. This does not meet the minimum 8 foot elevation difference above the established curb level. Considerable grading and tree removal would be required to attach or place a garage directly in front of the principal structure to become the front building wall of the structure to be considered compliant with the Ordinance. Zoning Code 1102.800 (8) I, states in part, "Accessory buildings located less than 6 feet from a principal building on. the same lot shall,be.consideredpart of the principal building for the purpose of applying the provisions of this Ordinance". Although this may increase the cost of the project, economic hardship alone is not a reason for granting a variance. In addition, the Code allows for a detached garage in the side yard. This does. not work in this location because of existing building side yard setbacks of 23 feet and 16 feet. This would allow a maximum garage width of 13 feet to meet the side yard setbacks. The proposed 3 car garage includes a 10 foot by 34 foot concrete pad on the public right-of-way side of the garage for the parking of a recreational vehicle (boat and trailer). The applicant/owner will be subject to Code 1102.800 (3), states in part, "summer recreational equipment may be parked on or adjacent to p . a driveway from April 1 to November 1 each year, and winter recreational . 0 \~ equipment from November 1 to April 1 each year". . \ ~ ....ly 6 . The impervious surface area totals 6,857 square feet on a 42,697 square foot lot ~ ~~\y as noted on the calculation worksheet and equals 16% for the proposed 0: yy'~- structure and existing principal structure. v: ~ ~ Patrick Lynch, DNR Area Hydrologist, stated the DNR has no objections 10 this W' ,( f\J Variance request in a telephone conversation on September 2, 1999. / , ~\\ VARIANCE HARDSHIP STANDARDS 6\ ~ 1. ~~ 0" Where by reason of narrowness, shallowness, or shape of a lot, or where by reason of exceptional topographical or water conditions or other extraordinary and exceptional conditions of such lot, the strict application of the terms of this Ordinance would result in peculiar and practical difficulties or exceptional or undue hardship upon the owner of such lot in developing or using such lot in a manner customary and legally permissible within the Use District in which said lot is located. L:\99FILES\99V AR\99-062\VARRPT.DOC Page 2 There is a legal alternative for the placement of a garage on this lot without a variance. 2. Conditions applying to the structure or land in question are peculiar to the property or immediately adjoining property, and do not apply, generally, to other land or structures in the Use District in which the land is located. The slope and existing structures are not peculiar to the property and do apply to other land or structures in the R-1 Use District and the Shoreland District. 3. The granting of the proposed Variance is necessary for the preservation and enjoyment of a substantial property right of the owner. A variance is not necessary for the construction of an accessory building on this lot. The buildable area is available and additional storage for equipment and recreational vehicles maybe achieved by placing the structure in a permitted location. 4. The granting of the proposed Variance will not impair an adequate supply of light and air to the adjacent property, unreasonably increase the congestion in the public streets, increase the danger of fire, or endanger the public safety. The lot area allows for a proposed structure without impairing adequate supply of light and air to the adjacent property, increasing congestion in the street, increasing fire danger, or endangering the public safety. 5. The granting of the Variance will not unreasonably impact on the character and development of the neighborhood, unreasonably diminish or impair established property values in the surrounding area, or in any other way impair the health safety, and comfort of the area. The granting of the variance will not unreasonably impact on these values. 6. The granting of the proposed Variance will not be contrary to the intent of this Ordinance and the Comprehensive Plan. The granting of the proposed Variance appears be contrary to the intent of this Ordinance and the Comprehensive Plan. The Zoning Ordinance specifically prohibits the construction of accessory buildings in the front yard. 7. The granting of the Variance will not merely serve as a convenience to the applicant but is necessary to alleviate a demonstrable undue hardship or difficulty. L:\99FILES\99V AR\99-062\V ARRPT.DOC Page 3 There is room on this lot to build an accessory structure meeting the Ordinance requirements. Additional costs for regrading and tree removal are not a demonstrable hardship. 8. The hardship results from the application of the provisions of this Ordinance to the affected property and does not result from actions of the owners of the property. There is room on the lot to build an accessory structure without a variance. The applicant has control over the location of the proposed structure. 9. Increased development or construction costs or economic hardship alone shall not be grounds for granting a Variance. Increased costs incurred as a result of additional grading are not grounds for granting a variance. RECOMMENDATION: The staff has determined that all hardship criteria have not been met and recommends the Planning Commission deny the Variance request as shown on Exhibit A ALTERNATIVES: 1. Approve the variances requested by the applicant, or approve any variances the Planning Commission deems appropriate in the circumstances. 2. Table or continue discussion of the item for specific purpose. 3. Deny the application because the Planning Commission finds a lack of demonstrated hardship under the zoning code criteria. In this case, the Planning Commission should direct staff to prepare a resolution with findings denying the variance requests. ACTION REQUIRED: Motion and second adopting Resolution 99-20PC denying a variance to permit location of an accessory building (garage) between the front building wall (principal structure) and the front lot line. L:\99FILES\99VAR\99-062\VARRPT.DOC Page 4 RESOLUTION 99-20PC A RESOLUTION DENYING A VARIANCE TO PERMIT AN ACCESSORY GARAGE BUILDING TOBE LOCATED BETWEEN THE FRONT BUILDING WALL AND THE FRONT LOT LINE INSTEAD OF THE REQUIRED SIDE YARD OR REAR YARD. BE IT RESOL YED BY the Board of Adjustment ofthe City of Prior Lake, Minnesota; FINDINGS I. WILLIAM B. LIND has applied for variances from the Zoning Ordinance in order to permit garage construction in the front yard located in the R-I (Low Density Residential) District and the SD (Shoreland Overlay) District at the following location, to wit; 6082 150TH STREET SE, PRIOR LAKE, MN, legally described as LOT 8 AND 9 EASTWOOD, SCOTT COUNTY, MINNESOTA 2. The Board of Adjustment has reviewed the application for variances as contained in Case #99-62PC and held hearings thereon on SEPTEMBER 13, 1999. 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. Because of conditions on the subject property and on the surrounding property, the proposed variance will 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. 5. It is possible to construct an accessory structure on this lot in a location meeting the requirements of the Zoning Ordinance. 6. The grade and existing structure locations do not constitute a hardship since a reasonable use of the property does exist without the granting of the variance. The proposed structure may be relocated and constructed without a variance. 1:\99fiJes\99var\99-062\20pcres.doc 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 7. The granting of the variance is not necessary for the preservation and enjoyment of a substantial property right of the applicant. The variance will serve merely as a convenience to the applicant, and is necessary to alleviate demonstrable hardship. 8. The contents of Planning Case #99-62PC 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 denies the following variance for: 1. Permit an accessory. garage building to be located between the front building wall and the front lot line instead of the required side or rear yards. Adopted by the Board of Adjustment on September 13, 1999. Anthony Stamson, Chair ATTEST: Donald R. Rye, Planning Director 1:\99files\99var\99-062\20pcres.doc 2 Lot 7 Lot 10 Lot 9 (0 (0 ----~ (0' \ V .EXHIBIT A \0 e survey In Son MH .~...-.__.."..~.,~..#~-,--_._'~' ~~ ""'~"-~~-----'_._-- / ., Planning Case File No. CJ'1v(!)~2-. Property Identification No. ~d.S II 70070 . City of Prior Lake . LAND USE APPLICATION .. - 16200 Eagle Creek Avenue S.E./Prior Lake, Minnesota 55372-1714/ Phone (612)447-4230, Fax (612).447~4245_ " < Type of Application: Brief description of.proposedproject (attach .ad4itiQ~al . - o Rezoning, from (present zoning) sheets/narrative if desired) ._-- - - "- . , , to (proposed zoning) R. E.PLAQ.. f..)U.~ T1~ ~ '-I ;<. ~ '-I b~cS. , o Amendment to City Code, Compo Plan or City Ordinance a-eM, ~, uJlTU d.. if I W loL }l .3 <{ I o Subdivision of Land bup G~~ 10 f}cc.o M(} 0 Mt- <3 CA-<,S o Administrative Subdivision ~ ! l4JTU:/7ryJ ~ht 7HUT'f- UJ~M.... , o Conditional Use Permit VAAlM~ "to ~~ If S '))evOUt.t. IN ~iVr .VA/lD. ~ Variance I Applicable Ordinance S""tlon{s), _~!O'1-. t~ .: 8) o Other: Applicant(s ): W,LL. (~ g- LINt> Address: <:'0 R .l. - I $.lJ ]7.1 .s: Tl<..U:.:r SL (JAJ()~ ~ MN .s.Y"3 ""?.J.. Home Phone:(<P / J...) ~~o~7.sJ..<; Work Phone: (f, l.!j i.{ <fO :.. 7.5 31 Property Owner(s) [If different from Applicants]: Address: Home Phone: Work Phone: Type of Ownership: Fee ~ Contract for Deed _ Purchase Agreement --'- Legal Description of Property (Attach a copy ifthere is not enough space on this sheet): EA.s.IW01:lD loT - g 'i- 9 To the best of my knowledge the information provided in this application and other material submitted is correct. In addition, I have read the relevant sections of the Prior Lake Ordinance and procedural guidelines, and understand that a~lI not be processed un deemed complete by the Planning Director or assignee. 6. -L'-. J>-t'o - '71 .~~ Applicant's Signature ~ Date : I ; , Fee Owner's Signature , Date TillS SPACE TO BE FILLED IN BY THE PLANNING DIRECTOR OR DESIGNEE R.. qt:1 . 2-0 PLANNING COMMISSION APPROVED . DENIED DATE OF HEARING CITY COUNCIL APPROVED DENIED DATE OF HEARING CONDITIONS: Signature of Planning Director or Designee Date lu-app2.doc CITY OF PRIOR LAKE Impervious Surface Calculations (To be Submitted with Building Permit Application) For All Properties Located in the Shore land District (SD). The Maximum Impervious Surface Coverage Permitted in 30 Percent. Property Address 6082 W {S" DTtt- . <;1' s: b Lot Area 42, {,97 Sq. Feet x 30% = .............. ("2. 8D~ ************************************************************************ x x x = SQ. FEET 11b3' LENGTH WIDTH HOUSE = ATIACHED GARAGE = TOTAL PRINCIPLE STRUCTURE...................... 1/0 S DETACHED BLDGS (Garage/Shed) 34 x x 24 ""' ~ )./, TOTAL DETACHED Bun.DINGS...~--_......_..- e I ~ x x x = 3~TI DRlVEW A YIP A VED AREAS (Driveway-paved or not) (SidewalklParking Areas) = = TOTAL PAVED ARE.AS..-......................-...--....... ]~?L (Open D<<ks Y.M min. opening bctWe:t1 boards. with a pervious surface below, arc not considered to be impervious) x = 25~ ~C)~ P A TIOSIPORCHESIDECKS x ~no) = D~c.k- x = TOTAL DECKS...-....-.....--.--...-...-...-" g 4- b x X = OTHER = TOT.AL OTHER..-.......-..-...--........:....----.--..... UNDER/OVER Prepared By rY flY". (r,f('-1-->_--" o I Company RRf\I'JP, GAl ?-\tJ ff.RJN~ ;- ~ \) RVEYI#6.- I 6. 8 c;7 U"/V D6R..1 5'152- Date G l 1'1) L ) C1c::F1 Phone # gg) "3 '35'-6 REV ) 3 At)? ,qCjq J 1 TOTAL IMPERVIOUS SURFACE 2. y'. a" .. .. ".' ;.-<O..:-.r',. I~ .j .. ... -'. < . -... ". ~-' ."'.:.~;:~.., ",:. '.: .. , J ". '. . r..) 0 , ~ I t3 if) ....... en - ~ :J (I' l..- I I- -. " 1 1m ~~ -' 43'c;l JGCl OVHO. DR. 3- e.....IL.{ HOR. OYER t ~~. v .\ / ...... ., ), - I . couc. . A-p'RO l'--J - -FLOOR -PLAN SCh-LE: IfL.{.x ['.0" ..- ~ ..., ,\ ~- . -. 'j .r j D J :I: u -;J. 4.. fC ~ o :;- r' _'-~. ~;:J7S- , .. -. ~"",' ~'\. .',...., c. _"""'" '_ qq./9'dk. .,....... -= - \ ,( " "/11 1)1 . SIDEELE VA T IO~. 5C.ALE. 'Ai-l'..d' . '~.'7'./ " , ..... FROI-JT ELEVATlO~ 'f;; ~ .I.., . It: ,,;:,tJ.'~ ~- t'. l ", --= " - ..- 1'1 · , If 5!:.^ LE.. ,J...l. J..O NOTICE OF HEARING TO CONSIDER THE FOLLOWING: AN APPEAL OF THE PLANNING COMMISSIONS DENIAL FOR A VARIANCE TO LOCATE AN ACCESSORY STRUCTURE BETWEEN THE FRONT BUILDING WALL AND THE FRONT LOT LINE THE PLANNING COMMISSION DENIED A VARIANCE TO ALLOW THE CONSTRUCTION OF A GARAGE ACCESSORY STRUCTURE ON PROPERTY LOCATED IN THE R-l (URBAN RESIDENTIAL) DISTRICT AND THE SD (SHORELINE OVERLAY) DISTRICT IDENTIFIED AS 6082 150TH STREET SE ON SEPTEMBER 13, 1999. You are hereby notified that the Prior Lake City Council will hold a public 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, OCTOBER 18, 1999, at 7:30 p.m. or as soon thereafter as possible. APPLICANT: WILLIAM B. LIND 6082 150th Street SE Prior Lake, MN 55372 SUBJECT SITE: 6082 150TH STREET SE, legally described as LOTS 8 AND 9 EASTWOOD, SCOTT COUNTY, MINNESOTA REQUEST: The applicant was intending to replace an existing 24'x 24' detached garage with a new 24'x 34' detached garage (accessory structure) in the front yard area between the principle structure (house) and the front lot line. The applicant is appealing to the City Council the Planning Commission's denial for this variance. 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. Prepared this 28th day of September, 1999. Steven Horsman, Zoning Administrator City of Prior Lake To be published in the Prior Lake American on October 2,1999. L:\99FILES\99V AR\99-062\HERNOTE2.DOC 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER NOTICE OF HEARING TO CONSIDER THE FOLLOWING: A VARIANCE TO LOCATE AN ACCESSORY STRUCTURE BETWEEN THE FRONT BillLDING WALL AND THE FRONT LOT LINE. FOR THE CONSTRUCTION OF A GARAGE ACCESSORY STRUCTURE ON PROPERTY LOCATED IN THE R-1 (URBAN RESIDENTIAL) DISTRICT AND THE SD (SHORELINE OVERLAY) DISTRICT IDENTIFIED AS 6082 150TH STREET SE. You are hereby notified that the Prior Lake Planning Commission will hold a public 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, SEPTEMBER 13, 1999, at 6:30 p.m. or as soon thereafter as possible. APPLICANT: WILLIAM B. LIND 6082 150th Street SE Prior Lake, MN 55372 SUBJECT SITE: 6082 150TH STREET SE, legally described as LOTS 8 AND 9 EASTWOOD, SCOTT COUNTY, MINNESOTA REQUEST: The applicant is intending to replace an existing 24'x 24' detached garage with a new 24'x 34' detached garage ( accessory structure) in the front yard area between the principle structure (house) and the front lot line. 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. Prepared this 25 day of August, 1999. Steven Horsman, Zoning Administrator City of Prior Lake To be published in the Prior Lake American on AUGUST 28,1999. --.L:\99EILES\99V AR\99-062\HEARNOTE.DOC 1 16200 Eagle CreeK Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER S //2 SEC. 30 T. //5 OAKLAND Cto, moo -; BEACH I i I . : , I J IOAK~AN; RUSTIC \.yf. €. ~~\o~ . ,'" ~W';' . 214$'71' ,1 . .., ~ .. ." .._1I04_3Co"':_ VV ~ ,~ a ~Q cf ~ _4- ~ ~. ... q,qp. " A.".~ A.".~ 4," -~ N //2 SEC. 3/ '\ 'GREl' 15 dr ,. '0 I 7 IZ ----- ~ L :l [; - C} 3 ,... 00&'-0 I I I I I I LUTH&:"AN CHURCH I 113005 113005 I ;t (,.&) 3 1-100'1-0 ~ J1.e..nne '''06 ~.t/<6 " OUTLOT I ) I 2 I i ST. :1.10-931-03;;1- 0 %,c15 A -1 ..).;JI A 150652 I~JO 110 -35' 2410)'7 Z~ 03N O:J,ef."j} ;U,,''131, f):~"l.fj Z4 DONALD JENKIN' 1$0037 OONALO .IENKINS fI4-117 -U53.75 I G' ... 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"'. OJ rT o 00 o o Z ~ IlJ ........ S n CD 00 :J:>l Cl l:l. ::r l:l. t'i CD 1II 00 OJ '1:l ~ ~ CD 00 LO '1:l IlJ N i-' 00 :s: '1:l 0 W l:l. CD 00 i-' '1:l CD >I> t'i 00 '1:l ~ 00 '1:l ~ 01 ~ ~ \0 ~ o \0 o W N ~ ~ >I> ~ o ~I I ~I 01 ~ 00 '1:l ~ 00 '1:l 00 00 '1:l \0 N o o o >< CD IlJ t'i ~ ~ IlJ t'i Cl CD i-' # ~OO :J:>ln \00 o~ ~~ ~ n ~ ~ CD LO IlJ i-' 00 rT IlJ rT ~ 1II ~ ~ ~ >I> ". Lot 7 ~ .<-..;;';~~~'" .::.....:,..:--.:-..:.~-"-_:.....-...... ~~...:._;.;;..........),..;.;;..'.~,..--_- ;,..... ~ ,,;..........-_.......~..-""_._"-~~:-<~:,:...,;.>;;~......-. -.'~ ... .EXHIBIT A \" e SurveY In Son MH Lot 10 Lot (0 (0 ----, e' ll' \ V November 10, 1999 William B. Lind 6082 150th Street Prior Lake, MN 55372 RE: Recording of Approved Variance and Assent Form Dear Mr. Lind: The purpose of this letter is to advise you Resolution 99-116 approving a variance on property located at 6082 150th Street must be recorded. A building permit will not be issued until proof of recording has been submitted to the Planning Department. The variance will be null and void per Section 1108 of the City Code within one year if the project is not completed or if construction has not commenced (Assent Form). Enclosed is a certified copy of the original to be recorded at the Scott County Recorders office. Also included is a copy for your records. The other copy is to be stamped as recorded by the recorders office and returned to the Planning Department as proof of recording. Additionally, the enclosed Assent Form must be signed by all named property owners and returned to the Planning Department prior to issuance of any necessary permits. If you have any questions about this matter, please contact me at 447-9854. Sincerely, 9-~::l4cftiU'" Steve Horsman Zoning Administrator I :\99files\99var\99-062\recdlet.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER October 14, 1999 William Lind 6082 150th Street SE Prior Lake, MN 55372 RE: Agenda and Agenda Report Dear Mr. Lind: Attached is a Council Agenda and Staff Report for the October 18, 1999, City Council meeting. You or your representatives are expected to attend the meeting. You will be given the opportunity to speak regarding your proposal and the staff report. The meeting begins at 7:30 p.m. and is held at the Fire Station located at 16776 Fish Point Road (east of HWY 13 on the south side of CR 21). If you cannot attend the meeting, please call me so your item can be deferred to the next City Council meeting. If you have any questions, please contact me at 447-9854. Sincerely, even Horsman Zoning Administrator Enclosure: Appeal Report J:\99file~\99Ilar\agencUeLdoG... Page 1 16200 tagJe creek Ave. ~.t., J-'rior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER " HUEMOELLER & BATES ATTORNEYS AT LAW 16670 FRANKLIN TRAIL POST OFFICE BOX 67 PRIOR LAKE, MINNESOTA S5372 JAMES D. BATES BRYCE D. HUEMOELLER October 13, 1999 Telephone (612) 447-2131 Telecopier (612) 447 -562B Prior Lake City Council 16200 Eagle Creek Ave. Prior Lake, MN 55372 Co y Re: Appeal of William Lind from Decision of Planning Commission Denying Variance for Replacement of Garage Dear Council Members: We request that this letter be made part of the record for this appeal, which again deals with the unwillingness of City Staff and the Planning Commission to accept the current status of State law regarding the meaning of "undue hardship" in the review of an application for a variance under the Prior Lake Zoning Ordinance. William and Connie Lind own a single family home on a riparian lot at 6082 l50th Street. Their lot is approximately 114 feet wide and 425 feet deep and as can be seen from the survey drawing submitted as part of the record, their deck is approximately 85 feet from the ordinary high water level of Prior Lake. Linds propose to replace their detached 24 by 24 foot garage, which is in need of substantial repair, with a new garage in the same location, having dimensions of 24 by 34 feet. Linds are and have been parking three vehicles in and next to the existing garage, so the new garage will not affect traffic congestion or safety but rather allow protection from the elements for their third vehicle. In order to build the new garage, Linds must seek a variance from the new zoning ordinance provision which prohibits accessory buildings in the front yard of a lot, defined as the area between the house and the street. In Linds' case, the front yard is more than 260 feet deep. Prior Lake City Council Page 2 October 13, 1999 Since Linds' "back" yard, between their house and the 75 foot setback line, is only about 10 feet deep, only one alternative exists to Linds' proposal. The staff report presented to the Planning Commission acknowledges that considerable grading and tree removal would be required to attach or place a garage directly in front of the principal structure to become the front building wall of the structure. Linds' builder, John Guzman, estimated to the Planning Commission that the cost of the garage as proposed would be approximately $20,000, while the cost of building it as an attachment to the home would be approximately $50,000, which figure does not include modifications to the existing house that would be necessary. As should be apparent from the enclosed photograph of the front of Linds' home, forcing them to attach a new garage to the structure is not only unreasonably expensive but would substantially diminish the attractiveness of the home itself. Both Mr. Guzman and Mr. Lind testified that attaching the garage to the front of the house is likely to worsen drainage problems that have already been experienced. The alternative presented by staff is a detached garage in the side yard, but staff acknowledged only a 13 foot wide garage would be allowed and this is thus not a reasonable alternative. No objections to the variance application were received from the DNR or members of the public, to our knowledge. As is also apparent from the photographs submitted with this letter, neither the existing garage nor the proposed garage is at all visible from the street because of several mature trees that are present near the front lot line. It apparently continues to be the position City staff and the Planning Commission that variances should not be granted if any alternative, no matter how expensive, impractical, or aesthetically deficient, exists. It is Linds' position that this defeats the statutory aim of allowing municipalities some flexibility in the application of their zoning codes. Rather, Linds believe the correct analysis includes an examination of whether the applicants propose to make a reasonable use of their property that conflicts with the zoning ordinance as written. There are at least three Minnesota Court of Appeals cases since 1989 that give the City Council authority to evaluate the proposed use and grant the variances if the proposed use is determined to be reasonable, even if the land has other possible uses without the variances. Prior Lake City Council Page 3 October 13, 1999 Minnesota cities have authority to grant variances in cases of "undue hardship", which under Minn. Stat. ~462.357, Subd. 6(2), exists where: "[T]he property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to the property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. " The Minnesota Court of Appeals has stated three times, in Rowell v. City of Moorhead, 446 N.W. 2d 917 (Minn. App. 1989), Minnesota DNR v. Cottonwood Board of Adjustment, 1992 WL 333585 (Minn. App.), and Sagstetter v. City of St. Paul, 529 N.W. 2d 488 (Minn. App. 1995), that the reference in the state statutes to "cannot be put to a reasonable use" should be construed to mean that the landowner would like to put the land to a reasonable use but that the proposed reasonable use is prohibited under the strict provisions of the zoning code. The Sagstetter and DNR cases show how the statute is applied. In 5agstetter, 51. Paul wanted to build domed softball fields in a city park and needed a variance from the maximum allowed height under the zoning ordinance. Although the park could have been used for other public and recreational purposes without issuance of a variance, the court found that the domed softball fields were a reasonable use and upheld the variance. In the DNR case, a landowner owned a lakeshore lot with a house and boathouse. The owner wanted a building permit to construct a second floor storage area on his boathouse, but needed a variance from the 75 foot lakeshore setback. The owner could have constructed the storage area within the house without a variance. The court upheld the grant of the variance on the basis that the proposed improvement was a reasonable use stating: "The provision defining "hardship", which requires that the property cannot be put to a reasonable use, does not mean the property cannot be put to [any] reasonable use without the variance. The intention of the statute is to give local governing boards flexibility." [Emphasis added] Prior Lake City Council Page 4 October 13, 1999 Based upon the principles set forth in the Rowell, Sagstetter and DNR cases, we believe that the City Council should find as follows: 1. Literal enforcement of the Prior Lake Zoning Ordinance will result in undue hardship with respect to the Lind property because it will preclude construction of the proposed garage, even though the proposed garage is a reasonable use of the property. 2. The undue hardship results from circumstances unique to the property because the lot, unlike standard city lots at which the ordinance is directed, is 425 feet deep and allows for replacement of the existing garage which is more than 55 feet from the lot line. 3. The undue hardship is caused by the provisions of the Prior Lake Zoning Ordinance and is not the result of actions of the owner, because the owner's proposed use of the land is reasonable and the literal application of the ordinance would preclude such reasonable use. 4. The variance preserves the spirit and intent of the Prior Lake Zoning Ordinance, produces substantial justice and is not contrary to the public interest, because the proposed garage is consistent in all respects with the existing and proposed land use in the neighborhood, does not increase traffic or endanger safety, and provides an enhancement to the neighborhood as a whole. The new zoning ordinance, going far beyond the statutory standards and obscuring the reasonable use doctrine stated by the Minnesota Court of Appeals, purports to create nine extra requirements for a variance applicant in addition to the four statutory factors, and suggests that all factors must be satisfied before a variance may be granted. Linds have a substantial disagreement with staffs application of these factors in its report to the Planning Commission, stated as follows. 1. Where by reason of narrowness, shallowness, or shape of a lot, or where by reason of exceptional topographical or water conditions or other extraordinary and exceptional conditions of such lot, the strict application or the terms of this Ordinance would result in peculiar and practical difficulties or exceptional or undue hardship upon the owner of such lot in developing or using such lot in a manner customary and legally permissible within the Use District in which said lot is located. Prior Lake City Council Page 5 October 13, 1999 This is an exceptionally deep lot, unlike the standard size city lots at which the ordinance is presumably directed. Rather than placement of a new structure where one never existed, this is replacement of an existing structure which permits the house to stand on its own as originally designed. Requiring the new garage to be attached to the house is inordinately expensive, which while not determinative is a factor to be considered; and attachment of the garage to the house would cause much greater inconvenience to the family and would adversely affect the attractiveness of the home. 2. Conditions applying to the structure or land in question are peculiar to the property or immediately adjoining property,. and do not apply, generally, to other land or structures in the Use District in which the land is located. The inconvenience, expense, aesthetic degradation and drainage problems to be caused by attaching the garage to Linds' house, where this deep lot has an existing structure that should be replaced where it is, are peculiar to Linds' property. 3. The granting of the proposed variance is necessary for the preservation and enjoyment of a substantial property right of the owner. The property owners have a right, under the variance statu~e as interpreted by the Court of Appeals, to make a reasonable use of their property without being forced to an expensive and impractical alternative simply because one exists. 4. The granting of the proposed variance will not impair an adequate supply of light and air to the adjacent property, unreasonably increase the congestion in the public streets, increase the danger of fire, or endanger public safety. The net change to the property is a ten foot extension of a 24 foot wide garage which will be slightly taller. As is evident from the photographs, trees already block the view of neighboring property and there will be no increase in the number of vehicles kept at the Lind property. Thus there is no danger to public safety. 5. The granting of the variance will not unreasonably affect the character and development of the neighborhood, unreasonably diminish or impair established property values in the surrounding area, or in any other way impair the health safety, and comfort of the area. Prior Lake City Council Page 6 October 13, 1999 Again, rather than placement of a new structure, this is essentially the replacement of an existing one. 6. The granting of the proposed variance will not be contrary to the intent of this Ordinance and the Comprehensive Plan. The intent of this ordinance appears to be solely aesthetic and directed toward keeping garages and other accessory structures a reasonable distance from streets; in fact it appears to be primarily directed to standard size residential lots rather than one more than 400 feet deep. Here the garage is, at minimum, more than 55 feet away from 150lh Street and it cannot be seen from the street. 7. The granting of a variance will not merely serve as a convenience to the applicant but is necessary to alleviate a demonstrable undue hardship or difficulty. This factor appears to be substantially the same as factor I, and the same response is made. 8. The hardship results from the application of the provisions of this Ordinance to the affected property and does not result from actions of the owners of the property. It is demonstrably unfair to dictate to a homeowner who owns a lot more than 400 feet deep, with a home located near the lakeshore, that he may not use any of the more than 260 feet between his home and the road to place a garage. Linds did not build the home or the garage and their present locations are appropriate for this property. 9. Increased development or construction costs or economic hardship alone shall not be grounds for granting a variance. Far from being the sole reason, the additional cost, exceeding $50,000, is merely one factor, along with all the others stated above, that demonstrate the unfairness of strictly applying the ordinance in question to this property. Prior Lake City Council Page 7 October 13, 1999 When, as here, a citizen proposes to make a reasonable use of his property, the Planning Commission is obligated to determine whether the proposed use is in fact reasonable rather than deny it simply because an expensive and wholly unsatisfactory alternative exists. It is only in this context that the flexibility in administration of local zoning codes that is contemplated by the state zoning statute and the cited cases can be achieved. Linds respectfully suggest that the Planning Commission did not fulfill its responsibility in this regard, and ask the City Council to determine that the proposed garage is a reasonable use of the Lind property and exercise its statutory authority to approve the requested variance to permit construction of the garage. ~ James D. Bates JDB:bj Enclosure cc: William and Connie Lind View of Lind home, facing north to Prior Lake View of existing garage facing south toward 150th Street ;'.-i~~:~;;~;=~,:~~::~~~i;~~~:;:~~.~::~,..._~~,~._ View toward existing garage, facing north from 150th Street CITY OF PRlOR LAKE 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372 FAX # 447-4245 - TELEPHONE # (612) 447-4230 FAX COVER SHEET DATE: to -s- 41 TIME: 2- t/J M TO: A--~T~ ~~ FAX#: LJLj?-0~2-~ FROM: ~~ 6J.~ I ~ ~SW"~ SUBJECT: p~~ ~ J4-qq-b2~L lVt~~ MESSA G E: k 'J 6U V'CiJ'Je 6\caJ. I fA ev-.... i":S .c.... I' ......~ 1>4~- ~~~ ~~W 9~"4 C~~~ _~~ IlWI ~,I/~"l~L1,l~_~ -1~6 V~ ~~. . ~ Number of Pages Sent (Including This Page): tf 16670 FRANKLIN TRAIL POST OFFICE BOX 67 PRIOR LAKE, MINNESOTA 55372 .....::.)~~~~. .I:=:~ rl J '0j/ f:5fi\\... ~ I . " .7'<=, . \:!J = 11111 \ i~~~ , T t!m 11~1 i'~\1 II II \L LJ HUEMOELLER & BATES ATTORNEYS AT LAW JAMES D. BATES BRYCE D. HUEMOELLER September 16, 1999 Telephone (612) 447-2131 Telecopier (612) 447-5628 Donald Rye Zoning Administrator City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, r-..1N 55372 Via fax (447-4245) and US Mail Re: William Lind - Appeal of Variance Denial Planning Case # 99-62PC Dear Mr. Rye: This letter is submitted on behalf of William Lind as notice of his appeal from the action of the Planning Commission on September 13, 1999, denying his request for vanance. We request a copy of the minutes of the September 13 hearing and the staff report for the City Council meeting as they become available. Once we have the opportunity to review the minutes we will submit a supplementary letter in support of the appeal. Yours truly, JDB:ab cc: William Lind September 9,1999 William Lind 6082 150th Street SE Prior Lake, MN 55372 RE: Agenda and Agenda Report Dear Mr. Lind: Attached is a Planning Commission Agenda and Staff Report for the September 13, 1999 Planning Commission meeting. You or your representatives are expected to attend the meeting. You will be given the opportunity to speak regarding your proposal and the staff report. The meeting begins at 6:30 p.m. and is held at the Fire Station located at 16776 Fish Point Road (east of HWY 13 on the south side of CR 21). If you cannot attend the meeting, please call me so your item can be deferred to the next Planning Commission meeting. If you have any questions, please contact me at 447- 9854. Sincerely, ~~ Steven Horsman Zoning Administrator Enclosure: Variance Report 1:~9file~\99var\agendlet.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 """-> ',o.;.. _"'- . ._._.,~.,. ;._ ":...._....,.~ ..,.,....... .,.... _~___;~ August 13, 1999 William Lind 6082 1 50th Street Prior Lake, MN 55372 RE: Variance Application Dear Mr. Lind: On August 10, 1999, I received your application for a variance to allow the replacement construction of a garage in your front yard. The following information is necessary to process your application: 1. Garage floor elevation of the proposed garage. 2. Ground floor elevation of your existing house. 3. Clarify impervious surface calculations, work sheet states you are over on impervious surfaces, but my calculations show your under on impervious surface area. Once we have received the above information, we will process your application and schedule this item for a public hearing. Thank you for your prompt attention to this matter. If you have any questions, please contact me at 447-9854. Sincerely, Steven Horsman Zoning Administrator \ l:\TEMPLA TE\V ARIANCE\INCOMPL T.DOC 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER "" of,., '..~/~;~;'";. ') ~~ >, ~,1.l. -fl" { ~ I~.;, ''h' ~1:lJ >!trt 2'~ . ,-' ii. rJ "~ ~.~ .... ~ ~- ~ ('0; :.tI I: "'.' r~' , ~("~ .. :J, "'" .): ~'*~:'~',' ..~f j,' ""'';-i.. i/~.. !?-./ ", ~~' >.t~';' '!'T, ~ ~. ~~~ ....... w..;' ''''''''J'.~'''.ii 't': . ..., I'\I.~ ';;,~ ~L.... ~. 'I ~i" ,.'" '" 1'_; I' ~ It".. ;tfJ '.'.1 ilJ'~., t, '~,irJt i!:?s-~ Zfr. ..... r~.t ~ =1 \' rt II u .... j1;_ _...._ .0. .....,... ,-. ) '/ ..' .. ~ :""I -';:.' '.. . ~:'...... :'-.-:~.. ~,;t ~~ ""I9~c; ~$~ -,' ~":i, ""ii. ..1 _:.r:-k...., ...-. L.'7:."v"'~ :;'_~ . .J*,,'~ ... _:p.......,. ..t:... .l~, _" ..~~~. ..~~... '_" =w.~i:,~~,;'''~ .. ..~ . ~.. .' r~~-, :v~ .~ , \\ " ...-- l,~l~