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HomeMy WebLinkAbout99-074 Subject/Variance N/A .~; @@ ~ Q\\J~ ~, ~i i..; II 41: I SEPI01999lu Planning Case File No. Property Identification No. ake . ICATION g 9 -071- R 25-040011-0 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 (attach additional o Rezoning, from (present zonin~ sheets/narrative if desired) to (pro.:posed zonin~) See attached narrative o Amendment to City Code, Camp. Plan or City Ordinance o Subdivision of Land o Administrative Subdivision o Conditional Use Permit (jJ Variance Applicable Ordinance Section(s): 1101. 501 (3) c o Other. Alpplicant~): Harlan and Helen Anderson Alddress: 5325 Shore Trail NE, Prior Lake, MN 55372 Home Phone: 445-5496 Work Phone: Property Owner(s) [If different from Applicants]: Marybeth Hodgens Alddress: 2306 West 52nd Street, Minneapolis, MN 55410 Home Phone: Work Phone: (612) 368-3101 Type of Ownership: Fee ~ Contract for Deed --.-:... Purchase Agreement ----" Legal Description of Property (Attach a copy ifthere is not enough space on this sheet): Lot 11, Block 1, North Shore Crest 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 ~ not proc ed until deemed complete by the Planning Director or assignee. Date Applicant's Signature J1A~ ~~ Fee Owner' Signature 4t /9 /qC] Date' t. TIDS SPACE TO BE FILLED IN BY THE PLANNING DIRECTOR OR DESIGNEE PLANNING COM1vfISSION CITY COUNCIL APPROVED APPROVED DENIED DENIED DATE OF HEARING DATE OF HEARING CONDITIONS: Signature of Planning Director or Designee lu-app2.doc Date APPLICA nON OF HARLAN AND HELEN ANDERSON AND MARYBETH HODGENS FOR LOT WIDTH VARIANCE Introduction In the mid-1950s, Harlan Anderson bought riparian property on Prior Lake in the 1950 plat of North Shore Crest, consisting of Lots 12 and 13 in Block 1, and a 50 foot unplatted parcel abutting Lot 13 to the east. In 1970 he built a home which straddles Lots 12 and 13 and which comes to within 7.2 feet of the boundary with Lot 11. After his marriage to Helen Anderson, the Andersons acquired Lot 11 in 1975 as joint tenants. In January of 1999, for estate planning purposes, the Andersons retitled the property adjoining Lot 11 to the east, in joint tenancy between themselves. Although the properties were acquired at different times, by different grantees, Lot 11 and the adjoining properties to the east, with more than 220 feet of shoreline in total, were owned in joint tenancy by Harlan and Helen Anderson on May 1, 1999. Mr. and Mrs. Anderson continue to reside in the home he built nearly 30 years ago. In February of 1999 the Andersons discussed with their granddaughter, Marybeth Hodgens, a gift of Lot 11 to her so she and her husband Michael could build a home there. Although they agreed on the transfer at that time, they were unaware of the new zoning ordinance and its potential impact on their plans. As a result, the deed of transfer was not signed until July 22, 1999, and it was recorded on July 27. Lot 11 was platted in 1950 at 52 feet in width and with a minimum depth of 287 feet. Its total area exceeds 15,000 square feet, area above the Ordinary High Water level exceeds 14,500 square feet, and the proposed home exceeds lake setback, bluff setback and impervious surface requirements. The only standard the lot cannot meet is a minimum width requireme~t of 75 feet, and although the Andersons own the adjoining property they cannot provide additional width to Lot 11 because of the proximity of their own home. Nature of the Variance The applicants request a 23 foot lot width variance from the 75 foot requirement of Section 1101.501(3) c. of the Zoning Ordinance, so that Lot 11 is a buildable lot. The ordinance section reads as follows: -1- c. Nonconforming riparian lots in Shoreland District, under common ownership with an abutting parcel of property on or after the effective date of this Ordinance, may be further subdivided. to create buildable parcels which meet the following standards: The lot must have at least 75 feet of frontage at the front building line and at the Ordinary High Water elevation. The lot must be at least 12,000 square feet in area above the Ordinary High Water elevation. This provision is effective for 6 months following the effective date of this Ordinance ... On and after November 1, 1999, the minimum lot width is 90 feet and the minimum lot size is 15,000 square feet, for a single family use of riparian lots on Prior Lake. While the applicants do not seek to subdivide Lot 11, the essence of the variance application is to permit subdivision of the combination of lots owned by the Andersons on the effective date of the ordinance, which under the new ordinance are arguably considered to constitute one property. The applicants simply wish to allow Lot 11 to stand on its own, since it may not be widened by combining it with a part of Lot 12 owing to the placement of Andersons' existing home. In furtherance of the intent of the Zoning Ordinance to limit density in the Shoreland District, the Andersons are willing to accept, as a condition of granting the variance, that no further subdivision of the property they now own will occur. Discussion Had the Andersons' land been vacant at the time the new zoning ordinance became effective, they could easily have created two buildable parcels even after the six month interim rule expires, from the more than 220 feet of shoreline and more than 60,000 square feet that comprised their property. What prevents them from doing so now is the house that was built alJ:p.ost 30 years ago, when the plat of North Shore Crest was part of Eagle Creek Township. In other words, but for events that occurred long before the current ordinance was enacted, at a time when 50 foot lot widths were common, the Andersons and their granddaughter could have adjoining single family homes, in a single family neighborhood, and meet the density limitations that are at the heart of the new zoning ordinance provisions. The applicants seek to make a reasonable use of their property J which happens to be prohibited by reason of one element of the ordinance -- minimum lot width. This constitutes undue hardship as defmed by the Minnesota Court of Appeals in at least three variance cases, and meets the hardship standards of the new zoning -2- ordinance. 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 in at least three cases, 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 variance applied for in this case clearly falls within the Court's definition of "undue hardship." The requested variance also meets the hardship standards of Prior Lake's zoning ordinance, 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. The orctinance in question presumes that a combination of nonconforming parcels that are too narrow individually can be reconfigured into one or more new parcels that meet the new lot width standard. Here, however, this is not possible because of the proximity of Andersons' home to Lot 11. Application of the ordinance will prevent use of Lot 11 as a single family residential lot, which is the customary use in the area. (2) Conditions applying to the structure or land in question are peculiar to the -3- 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 situation is unique to this property because of the immediately adjoining homestead. (3) The granting of the proposed variance is necessary for the preservation and enjoyment of a substantial property right of the owner. Granting of the variance is necessary in this case to preserve the most fundamental of a property owner's uses: to create a homestead in an area designated for single family residences. (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. Since the combined uses of the Anderson property and the Hodgens property are below the density limitations even under the ordinance as effective after the six-month interim period, this condition is met. (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. The character of the neighborhood is single family residential and the proposed construction of a single family dwelling on the property is consistent with the established pattern of use. The variance is minimal and will have no negative impact on valuation of properties in the area; and remaining within the city's density limitations cannot impair the health, safety or, comfort of the area. (6) The granting of the proposed variance will not be contrary to the intent of this Ordinance and the Comprehensive Plan. The primary intent of the ordinance, as applied here, is to limit density in this single family residential area. Since the Andersons agree to a condition that their property not be further subdivided if the variance is granted, this aim of the ordinance is met. -4- . , (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 . Granting of the variance in this case is the only way in which Lot 11 may be used as a homestead. (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 . The placement of the Anderson home and garage on their property, which now prevents a reconfiguration of the applicant's property, was decided upon long before zoning ordinances were enacted that affect this area. Therefore it is the zoning ordinance rather than actions of the Andersons that create the hardship in this case. (9) Increased development or construction costs or economic hardship alone shall not be grounds for granting a variance. The hardship in this case is the inability of the property owner to build a home. Cost or economic hardship is not a factor, except to the extent that without the variance the property will have virtually no value when compared to its value with a dwelling constructed on it. -5- FILE COpy September 17, 1999 James D. Bates Huemoeller and Bates, Attorneys at Law 16670 Franklin Trail Post Office Box 67 Prior Lake, MN 55372 RE: Anderson/Hodgens Land Use Application Dear Mr. Bates: We have reviewed your land use application with the City Attorney, Suesan Lea Pace. This application raises issues beyond whether this proposal meets the criteria for a variance. The principle issue is the Hodgens' are eligible to apply for a variance under circumstances where the lot they acquired was transferred in violation of the City Zoning Ordinance. Even though Scott County recorded a deed for Lot 11, Block 1, North Shore Crest, the City cannot recognize this lot as a buildable lot of record. As you know, Section 1101.501 (3) c of the Zoning Ordinance states the following: "If 2 or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of or subsequent to the passage or amendment of this Ordinance, and if all or part of the lots do not meet the requirements established for lot area and lot width, the lands involved shall be considered to be an individual parcel for the purpose of this Ordinance, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot area or lot width requirements established by the Ordinance, nor shall any division of any Darcel be made which creates a lot with area or width below the reauirements of this Ordinance. If necessary to assure compliance with other provisions of this Ordinance, the lots shall be combined. " (Emphasis Added) We are aware that your clients have met with the Mayor concerning this matter and the Mayor has spoken with the City Attorney. The Planning staff is sympathetic with your client's predicament (grandparents deed land to their granddaughter to construct a home, only to later find the property is unbuildable). However, the City cannot consider a variance on a lot that was transferred in violation of City Code Section 1101.503(3). There may be another way to approach the question of whether there is a way for the Anderson's to transfer a portion of their land to their granddaughter, Ms. Hodgens, in a way that does not violate Section 1101.503(3). Your clients may want to consider J:\99fjl~\99subjec\9lMlZ. 4\bates.dQc 16200 cagle creek Ave. S.c., !-'rior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER J whether they can reconfigure Lots 11, 12, 13 and the unplatted parcel to create a new buildable (75' frontage) parcel. The location of the existing house on this property may raise a setback issue. This issue in itself would be problematic because a side yard setback might be required. If a variance is required, from a staff perspective, the hardship criteria could not be met. However, without additional information, it is impossible for me to advise you about whether this suggestion is viable. Since we cannot consider a variance in this situation, I am returning your application and application fee. If you have any questions, please contact me at 447-9810. ~sincereIY' Q. K~ J ne A. Kansier, AICP lanning Coordinator Enclosure c: Suesan Lea Pace, City Attorney Frank Boyles, City Manager Don Rye, Planning Director J:\99files\99subjec\99-074\bates.doc HUEMOELLER & BATES ATTORNEYS AT LAW 16670 FRANKLIN TRAIL POST OFFICE BOX 67 PRIOR LAKE, MINNESOTA 55372 ~ ~ r--. r.::1 n \\. n r2 ~ \,' r::,' r.-",' " , " "',' ,', ' ~l" i ,=; \ -_.~--~.": ! Ul r SEP '0009 I JAMES D, BATES BRYCE D, HUEMOELLER September 10, 1999 Telephone (612) 447-2131 Telecopier (61 2) 447-5628 Donald Rye, Zoning Administrator City of Prior Lake 16200 Eagle Creek Avenue Prior Lake, MN 55372 RE: Anderson/Hodgens Land Use Application Lot 11, Block 1, North Shore Crest Dear Mr. Rye: Enclosed are the following items: 1. Land Use Application with attached narrative; 2. Certificate of Survey; 3. Impervious Surface Calculation; 4. Property owner list and mailing labels; 5. Check for $150.00 fee. Whether this application is viewed as a subdivision application for review by the city council, or a variance application to be heard by the planning commission, the applicants would like to have their application considered at the earliest possible date that will allow for the appropriate notices, so that construction of a home can begin this year if the application is approved. Therefore, if additional information is needed in order to consider the application as complete, please contact our office or the applicants. Thank you. James D. Bates JDB:bj Enclosures cc: Harlan and Helen Anderson Marybeth Hodgens . . . -. .' ., '. ," :'. ," . -'. . ...... .....'.... '<..... . ..:'. .:.. . " >.' . :"':..' '.' ~. . . 'D [g @'[g.o-~J~ ~., .~<....:.;; '.':." .... ::'. ":. ;:.....:.-'.:.. .CrrY'OF PRIQR.tAKE, ..:" .' ' : '. . ':: ......... ": .... :.:.< ".,', t :.': )mpervi~tis"S.urf.a~e "CaiculatiOl~s." .' SEP I 0 1999.' j' I . .,' ..', '. .~. :' " ::'. (To be Submftte~ with Bu.iJding Pennit Application) , . . . .l.01 . ,,'.,. .' .:':' '.. .F.~r.AU}rop~IiiesLocated irt.the~Shoreland.Distri ( . ::"" ..::....Th~. I',ifaXlplumhnpe~ious Stirfac,e .Q()venige Pennittedin . ':. '.;Pr()p.~rtY~ddr~sG~~~~"ttvle ~. . b~ . n 1 ~l\CII ~~~~ . . ..' r;()t-Are~ ~l~~~-h' ajijSq.Feet X 30,<, =... .;.....::.. . '-\ -a.~\.S . .' . 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" .....::' ':'" ".:'~" '.-..:.... TOTAL O.THER...~.~~~,~...~~....~~.,~.~..:~~....,..~.~,.....~,............. ' .,.:.....x:.. ,.... . ",' . . ".1' , " .' " -, . . . . .... TOTALIMPEIWIOUS SURFACE ... ...118-0<5:3....1 ~~v~~'.< ........'lilllll.'2;. I '. ;prepa;edf~,~~~~~::~i< ... '.' "bate3-~-'\~ ........ '. '. .' .~.... . .' . comranY\}1\\\EJ 5UR~E~P15Co)~P;~ Phone#~Y1-Z'?1Q .' . . " . . -'. ;.' " . . ..'" ' .' .'. .... '.' . 1'- '.:" , , .,., NEW ABSTRACTS CONTINUATIONS CLOSING SERVICE REGISTERED PROPERTY ABSTRACTS TITLE INSURANCE RECORDING SERVICE SCOTT COUNTY ABSTRACT AND TITLE, INC. 223 HOLMES STREET, P.O. BOX 300 SHAKOPEE, MINNESOTA 55379 August 3, 1999 David Moonen and Dale Kutter Telephone: (612) 445-6246 FAX: (612) 445-0229 '~~:~~:@~ Jim Bates 16670 Franklin Tr. Prior Lake, Mn 55372 To Whom it May Concern: According to the 1999 tax records in the Scott County Treasurer's Office, the following persons listed on Exhibit "A" are the owners of the property which lies within 350 feet of the following described property: Lot 11, Block 1, North Shore Crest, according to the recorded plat thereof on file and of record in the Office of the County Recorder in and for Scott County, Minnesota. 1Y/7). David E. Moonen President Scott County Abstract and Title, Inc. ~,_,,,,:~~:.--;:,_~:..-:.~-:-.:::~!~~~z..:.;."::'!~ ~f:- c--;. SCOTT COUNTY ABSTRACT (. /. " ' I: ", AND TITLE. INC. Ucensed Abstractor State of Minnesota MEMBER MINNESOTA LAND TITLE ASSOCIATION AGENT FOR CHICAGO TITLE INSURANCE COMPANY KEVIN KERR 5253 SHORE TRL NE PRIOR LAKE, MN 55372 DENNIS J & CHERYL L BRADACH 5267 SHORE TRL NE PRIOR LAKE, MN 55372 JOSEPH PAUL BUSH 5281 NE SHORE TRAIL PRIOR LAKE, MN 55372 JAMES J SLATER 3618 WILLOW ST SW PRIOR LAKE, MN 55372 DENNIS R & DEANN C JOHNSON 14530 PINE RD NE PRIOR LAKE, MN 55372 AUDREY V JOHNSON ' 14539 PINE ROAD NE PRIOR LAKE, MN 55372 ROBIN C BRADACH 14535 PINE ROAD NE PRIOR LAKE, MN 55372 STEPHEN J BUSH 14543 PINE ROAD PRIOR LAKE, MN 55372 GRETCHEN L BUSH HC3 BOX 145 REMER, MN 56672 MARTIN S & ALISON J TRENCE 14552 PINE ROAD NE PRIOR LAKE, MN 55372 VIKTORS G KONTERS 5381 SHORE TRAIL NE PRIOR LAKE, MN 55372 WILBERT L WOERDEHOFF 5270 SHORE TRAIL NE PRIOR LAKE, MN 55372 ROBERT DARNELL 5290 SHORE TRAIL NE PRIOR LAKE, MN 55372 ALAN C LENTNER 5310 SHORE TRL NE PRIOR LAKE, MN 55372 _J'~. JAMES B & NANCY R PETERSEN 5330 SHORE TRL NE PRIOR LAKE, MN 55372 GARY R & KATHLEEN MITES 5345 CARRIAGE HILL RD NE PRIOR LAKE, MN 55372 JEFFREY A & PATRICIA A BRYANT 5350 SHORE TRL NE PRIOR LAKE, MN 55372 WILLIAM J & PAMELA BURKHART 5361 CARRIAGE HILL RD PRIOR LAKE, MN 55372 LOT 1 PARTNERSHIP % SUE G DIRKES 943 CEMETERY LANE ASPEN, CO 81611-1079 KRISTINE KONTERS 5386 SHORE TRAIL NE PRIOR LAKE, MN 55372 WILLIAM A & KAREN J FARRELL 14435 FERNDALE AVE NE PRIOR LAKE, MN 55372 PAUL E & LYNN K MADISON 5373 CARRIAGE HILL RD NE PRIOR LAKE, MN 55372 SHAWN R & HEIDI K SAGER 5291 CARRIAGE HILLS RD PRIOR LAKE, MN 55372 HARLAN V & HELEN MANDERSON 5325 SHORE TRAIL NE PRIOR LAKE, MN 55372 JEFFREY J BOLLER 5311 CARRIAGE HILL RD NE PRIOR LAKE, MN 55372 STUART P & LAURA L BELL 5365 SHORE TRL NE PRIOR LAKE, MN 55372 DAVID J & MARCIA K BURROUGHS 5327 CARRIAGE HILL RD NE PRIOR LAKE, MN 55372 HARLAN V & HELEN MANDERSON 5325 SHORE TRAIL NE PRIOR LAKE, MN 55372 Doc. No. A 452435 OFFICE OF THE COUNTY RECORDER SCOTT COUNTY, MINNESOTA Certified Filed and/or Recorded on 07-27-1999 at 08:10 lXlAM l 1 PM . here are no delinqllt: . ,..; nsfer elltere:; i),te, ~~~I\","IC Pat Boeckman, County Recorder 01 by ~, Deputy Fee: $19.50 LIMITED WARRANTY DEED STATE DEED TAX DUE HEREON: $1.65 Date: JUly7J-, 1999 WEll CERTIACATE RECEIVED .,.... K - WEll CERTIFICATE NOT REQUIRED FOR VALUABLE CONSIDERATION, HARLAN V. ANDERSON and HELEN MARIE ANDERSON, husband and wife, Grantors, hereby convey and quitclaim to MARYBETH HODGENS, Grantee, real property in Scott County, Minnesota, described as follows: d .q---cJC-fO'd ( /..:.:J Lot 11, Block 1, NORTH SHORE CREST, Scott County, Minnesota. together with all hereditaments and appurtenances belonging thereto. Grantor covenants and represents that: (1) This deed conveys after-acquired title; and (2) Grantor has not made, done, executed or suffered any act or thing whereby the above- described property or any part thereof, now or at any time hereafter, shall or may be imperiled, charged or encumbered in any manner, and Grantor will warrant the title to the above-described property against all persons claiming the same from or through Grantor as a result of any such act or thing, EXCEPT: subject to restrictions, reservations and easements of record, if any. f ~ . Check here if all or part of the property is registered (Torrens) 0 qy~~V~U4A~ Harlan V. Anderson ~~l,"q~~~~-:J Helen Marie Anderson --., Total consideration for this transfer is less than $500 No ._J.1Jf1fL."...,.~_.___._ Deed Tfl~ cf~; . " ".~.:.f.--4J:lS;:- ~ }"1'11 '7 . '~'2-..&?R palO.. , , ,,1C.......;::r. '( Y' J" ,-j STATE OF MINNESOT~ COUNTY OF SCOTT -n J'\ {l The foregoing instrument was acknowledged before me this ~:...:nay of July, 1999, by HARLAN V. ANDERSON and HELEN MARIE AND SON, husbar, lid wife, Grantors. NOTARIAL STAMP OR SEAL (OR OTIIER TITLE OR RANK) '.~ ) o T AKINGJr:eHNQWLEDGMENT @ BRYCE D. HUEMOELLER .ll NOTARY PUBUC . MINNESOTA SCOTT COUNlY . My Commlsllon Exlllnl JIll. 31.t000 ~ THIS INSTRUMENT WAS DRAFTED BY: Tax statements for the real property described in this instrument should be sent to: '\- HUEMOELLER & BATES 16670 Franklin Trail Prior Lake, MN 55372 Marybeth Hodgens 2306 W. 52nd Street Minneapolis, MN 55410 3~ b , cr /