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Home My WebLink About02-95 Variance + surveys pg 26 PLANNING DEPARTMENT VARIANCE APPLICATION REVIEW CHECKLIST I. OPEN FILE- Date Received: (t}-AsSign file number (1-()pen and label file folder (~ Create file directory under variances II. CHECK APPLICATION FOR COMPLETENESS ( ) Completed application, including the appropriate signatures 0- Filing Fee () Necessary attachments (survey, house plans, contours, etc.) List and labels of property owners within 350' (verify map and radius) ( ) Written description of specific variances requested ( ) Are all the requested variances included? III. WITHIN 10 BUSINESS DAYS: Incomplete application (I:\template\variance\incomplt.doc) ~otify applicant by mail of incomplete application and list necessary submittals in order to make application complete B. Complete Application (\:\template\variance\complete.doc) B-)"Q0 CAe. Notify applicant by mail that application is complete. includes: ~ Tentative meeting date, time and location ~ Applicant is expected to attend meeting ~ Extension of 60 day action date to 120 days Letter I:\template\variance\varcheck.doc 1 PLANNING DEPARTMENT VARIANCE APPLICATION REVIEW CHECKLIST IV. () () () () PREPARE REFERRALS (I:\template\variance\referral.doc) Send referral notice of application to list of agencies and departments. Include DNR if located in a Shoreland or Flood Plain District Include County Highway Dept. if adjacent to a County Road Include other agencies as appropriate V. PREPARE HEARING NOTICE FOR PUBLICATION (I:\template\variance\hearnote.doc) () Notice includes: ~ Correct meeting date ~ Legal description of property ~ Property Address ~ Description of variance requests () Send notice to Prior Lake American by 12:00 NOON on Wednesday 3 weeks prior to meeting date VI. PREPARE HEARING NOTICE FOR MAILING (I:\template\variance\mailnote.doc) () Notice includes: ~ Correct meeting date ~ Legal description of property ~ Property Address ~ Description of variance requests () Verify map and radius again! () Label or type envelopes () Mail notices at least 10 days before hearing date Notice must be mailed to: ~ Property Owner's List ~ Applicant ~ Property Owner (if other than applicant) ~ DNR (Shoreland or Flood Plain applications) I:\template\variance\varcheck.doc 2 PLANNING DEPARTMENT VARIANCE APPLICATION REVIEW CHECKLIST VII. PREPARE PLANNING REPORT () () () () () () () () A. Report includes: (I:\template\variance\varrpt.doc) Relevant Facts (including any previous actions or variances) Suggested Findings Staff Recommendation (including any conditions) Resolution for Planning Commission adoption ( see I :\template\variance\appres.doc or I:\template\variance\denyres.doc) Location Map Survey/Site Plan Copy of hearing notice and/or application Other Exhibits B. Submit report to supervisor by Tuesday before hearing date C. Mail a copy of the staff report and agenda to the applicant (and to the property owner, if different than the applicant) ( ) The cover letter should include the meeting date, time and location, and the fact that the applicant is expected to be present. VIII. FOLLOWING PLANNING COMMISSION DECISION A. If APPROVED: () () () () () Prepare Assent Form (I:\template\variance\assent.doc) Resolution signed by Planning Commission Chair Resolution signed by Planning Director Signed and certified resolution and assent form sent to applicant for recording (see I:\template\variance\truecopy.doc for certification form) Applicant returns recorded copy of resolution and assent form or other proof of recording I:\template\variance\varcheck.doc 3 PLANNING DEPARTMENT VARIANCE APPLICATION REVIEW CHECKLIST B. If DENIED: ( ) Resolution signed by Planning Commission Chair ( ) Resolution signed by Planning Director C. In SHORELAND or FLOOD PLAIN DISTRICT: ( ) Send copy of resolution to DNR within 10 days of Planning Commission decision IX. CLOSE FILE () Add header to file folder () Signed and recorded copy of resolution () Signed and recorded copy of assent form () Planning Commission Minutes () Enter in Property Management I:\template\variance\varcheck.doc 4 ()z..-Dq~ ~W- ~tt1A,<- Resolution and Minutes , q/l"D{OZ. (J~ ~I lJ2;ll k- (2M. oz-()r~ 'Pc \ ~ ct ~~.twY4 L:\TEMPLA TE\FILEINFO.DOC PLANNING COMMISSION MINUTES MONDAY, SEPTEMBER 23,2002 1. Call to Order: Chairman Stamson called the September 23,2002, Planning Commission meeting to order at 6:30 p.m. Those present were Commissioners Atwood, Criego, Lemke, Ringstad and Stamson, Community Development Director Don Rye, Planning Coordinator Jane Kansier, Planner Cynthia Kirchoff, City Engineer Sue McDermott and Recording Secretary Connie Carlson. 2. Roll Call: Atwood Criego Lemke Ringstad Stamson Present Present Present Present Present 3. Approval of Minutes: The Minutes from the September 9,2002, Planning Commission meeting will be presented at the October 14,2002 meeting. 4. Consent: None 5. Public Hearings: Commissioner Stamson read the Public Hearing Statement and opened the meeting. A. Case File #02-098 Janice Galloway is requesting a conditional use permit to allow retail sales in the C-5 zoning district. Planner Cynthia Kirchoff stated the applicant contacted the City offices this afternoon and requested withdrawing her application. B. Case File #02-095 Thomas Knight is requesting variances from the minimum 7,500 square foot lot area and 50 foot lot width for nonconforming Shoreland lots, the minimum 75 foot Shoreland setback, the maximum 30 percent impervious surface coverage for Shoreland lots, the maximum 35 foot structure height, and maximum 10 percent residential driveway slope for the construction of a single family dwelling located at 15747 West Avenue. Planner Cynthia Kirchoff presented the Planning Report dated September 23,2002, on file in the office of the City Planner. L\02FILES\02planning comm\02pcminutes\MN092302.doc I Planning Commission Minutes September 23, 2002 Thomas Knight is requesting variances from zoning ordinance provisions to permit the construction of a single family dwelling on property zoned R-I (Low Density Residential) and SD (Shoreland District) and located at 15747 West Avenue SE (Lot 5, Point Beautiful). A single family dwelling and detached garage are present on the site. Both are proposed to be removed to accommodate the new structure. The applicant requests the following variances: 1. A 1,579 square foot variance from the minimum 7,500 square feet oflot area for nonconforming Shoreland lots to allow a 5,921 square foot lot. 2. A 5 foot variance from the minimum 50 feet of lot width for nonconforming Shoreland lots to allow a 45 foot wide lot. 3. A 1.2 percent variance from the maximum 30 percent impervious surface coverage for Shoreland lots to allow 31.2 percent impervious surface coverage. 4. An 8 foot variance from the maximum 35 feet height in the Shoreland district to allow a structure 43 feet in height. 5. A 1.9 foot variance from the minimum 907.9 foot elevation for residential vehicular access on property located within the floodplain to allow access at 906 feet. 6. A 5 percent variance from the maximum 10 percent residential driveway slope to allow a 15 percent driveway slope. Staff recommended approval of the requested variances to lot area and width and vehicular access flood elevation, so the applicant can construct a reasonable use on the site. Staff believed all nine-hardship criteria had not been met with respect to the requested height, impervious surface, and driveway slope variances. The applicant created the hardship by the design of the dwelling. The staff therefore recommended denial of the requested variances from maximum height, impervious surface coverage, and driveway slope requirements, as proposed by the applicant. With respect to the driveway slope variance, even if the Planning Commission does not approve the requested variance, the City Engineer may approve a driveway slope exceeding 10% in circumstances of unusual topography or existing conditions. Comments from the public: Applicant Tom Knight, 15747 West Avenue, stated he did not have any problem moving the shed. The height can be changed as well. He will also adjust to bring all variances into compliance. Criego questioned if the variances were granted, what width would he need? Knight said it would be 24 feet. Staff confirmed. The hearing was closed at 7:44 p.m. L:\02FILES\02planning comm\02pcminutes\MN092302.doc 2 - Planning Commission Minutes September 23. 2002 Comments from the Commissioners: Criego: · Questioned staff on variance #5 (elevation). Kirchoff said it would be for the driveway access, as it is an existing condition. · Questioned staff on variance #6 (driveway slope). Kirchoff pointed out the survey shows a 15% driveway grade. City code is 10%. Staff felt it could be 13.5%. McDermott explained the grade. After the report went out staffwas informed the actual grade was 13.5%. · Agreed with staffs recommendation with approvals and denials. Lemke: . If the shed is removed, is applicant under the 30% impervious surface? Kirchoff responded it would be. The shed would take care of the impervious surface vanance. . Agreed with staffs recommendation. Atwood: · Agreed with commissioners and staff including the impervious surface. Ringstad: . Concurred. Stamson: . Agreed. Staffs approach is correct. MOTION BY CRIEGO, SECOND BY RINGSTAD, APPROVING RESOLUTION 02- 012PC A 1,579 SQUARE FOOT VARIANCE FROM THE 7,500 SQUARE FOOT MINIMUM LOT AREA FOR NONCONFORMING LOTS, A 5 FOOT VARIANCE FROM THE 50 FOOT MINIMUM LOT WIDTH FOR NONCONFORMING LOTS, AND A 1.9 FOOT VARIANCE FROM THE 907.9 MINIMUM ELEVATION FOR VEHICULAR ACCESS IN THE FLOODPLAIN FOR THE CONSTRUCTION OF A SINGLE FAMILY DWELLING Vote taken indicated ayes by all. MOTION CARRIED. MOTION BY CRIEGO, SECOND BY RINGSTAD, APPROVING RESOLUTION 02- 013 A 1.2 PERCENT VARIANCE FROM THE MAXIMUM 30 PERCENT IMPERVIOUS SURFACE COVERAGE, AN 8 FOOT VARIANCE FROM THE 35 FOOT MAXIMUM HEIGHT, AND A 5 PERCENT VARIANCE FROM THE 10 PERCENT MAXIMUM DRIVEWAY SLOPE FOR THE CONSTRUCTION OF A SINGLE F AMIL Y DWELLING Vote taken indicated ayes by all. MOTION CARRIED. L:\02FILES\02planning comm\02pcminutes\MN092302.doc 3 Doc. No. A 565973 OFFICE OF THE COUNTY RECORDER SCOTT COUNTY, MINNESOTA Certified Filed and/or Recorded on 10-04-2002 at 01:30 Receipt: 216537 Pat Boeckman, County Recorder 01 Fee: $ 20.00 ~;b ~~tZZk-'d . .. ~~T The undersigned, duly qualified and City Clerk of the City of Prior Lake, hereby certifies the attached hereto is the original true and correct copy of STATE OF MINNESOTA) )ss. COUNTY OF SCOTT ) RESOLUTION 02-12PC A RESOLUTION APPROVING A 1,579 SQUARE FOOT VARIANCE FROM THE 7,500 SQUARE FOOT MINIMUM LOT AREA FOR NONCONFORMING LOTS, A 5 FOOT VARIANCE FROM THE 50 FOOT MINIMUM LOT WIDTH FOR NONCONFORMING LOTS, AND A 1.9 FOOT VARIANCE FROM THE 907.9 MINIMUM ELEVATION FOR VEmCULAR ACCESS IN THE FLOODPLAIN FOR THE CONSTRUCTION OF A SINGLE FAMILY DWELLING #02-095 Thomas Knight " ,Dated,t1;tis 1st day of October, 2002 . (' \T)" ". ,.' _~:-t v....." 01" ',' . ~,J.....' /"';. '.. /," , ~ : ~0 .,' '-(). '. -'"' '.. : -~v: (\ '/jj "rI;""J ~~:, -r, ()." -0 . ,,"'l i . n: ':~{C' i\.' ~pal~ ~- ~ C,): \.' ".,].-,... F- 0 ~ . :. '. "'v" ' ;., : "". ; , :~...'. ~:/, ,:';: -u: '. .,./,.... \ J i 1 .,..1........... .'" '.,.';;:-J.:;;~:,::',,-:;:~;\ ,; 1:\02files\02variances\truecopy .doc RESOLUTION 02-012PC A RESOLUTION APPROVING A 1,579 SQUARE FOOT VARIANCE FROM THE 7,500 SQUARE FOOT MINIMUM LOT AREA FOR NONCONFORMING LOTS, A 5 FOOT VARIANCE FROM THE 50 FOOT MINIMUM LOT WIDTH FOR NONCONFORMING LOTS, AND A 1.9 FOOT VARIANCE FROM THE 907.9 MINIMUM ELEVATION FOR VEIDCULAR ACCESS IN THE FLOODPLAIN FOR THE CONSTRUCTION OF A SINGLE FAMILY DWELLING BE IT RESOT_.VED BY the Board of Adjustmer..t of the City of Prior Lcke, Minnesota; FINDINGS 1. Thomas Knight has applied for variances from the Zoning Ordinance in order to permit the construction of a single family dwelling on property located in the R-l (Low Density Residential) and SD (Shore land Overlay) Districts at the following location, to wit; TK.. 5 15747 West Avenue SE, Prior Lake, MN, legally described as follows: Lot~oint Beautiful, Scott County, Minnesota. 2. The Board of Adjustment has reviewed the application for variances as contained in Case #02-095PC and held a hearing thereon on September 23,2002. 3. The Board of Adjustment has considered the effect of the proposed variance upon the health, safety, and welfare of the community, the existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, the effect on property values in the surrounding area and the effect of the proposed variance on the Comprehensive Plan. 4. The subject lot is only 45 feet in width and 5,921 square feet in area, and is thus nonconforming. Therefore, the subject property exhibits exceptional conditions, width and area of the lot, that result in practical difficulties upon the O'\mer in constructing a single family dwelling, as permitted in the R-l zoning district. The variance from the minimum floodplain elevation for vehicular access is due to the previous design of the road, which cannot be altered without impacting adjacent properties. 5. The 45 foot wide lot is a unique condition of the property, but is not exclusive to this subject lot or the Point Beautiful plat. There are several plats within the City of Prior Lake that were platted with lots narrower that would be permitted by the existing minimum standards for properties zoned R-l. However, it is a lot of record and is unbuildable without relief from the minimum dimensional requirements of nonconforming lots. 6. The variances for lot area and width and floodplain elevation for vehicular access are essential for the preservation and enjoyment of a substantial property right, because these particular elements of the site were not under the control of the applicant. 1:\02files\02variances\02-095\approve resolution. doc 1 16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 7. Relief from the R-l minimal dimensional and floodplain vehicular access requirements to allow a reasonable use to be constructed on the property will not unreasonably impact the neighborhood, as a single family dwelling is already present on the site. 8. The granting of the lot area and width variances does not appear to be inconsistent with the intent of the zoning ordinance. The City Code intends to allow nonconforming lots of record to be buildable so the property owner can enjoy a reasonable use. 9. A reasonable use is currently present on the site. However, since the applicant proposes to rebuild a structure on a nonconforming lot of record, variances from minimum dimensional standards must be granted. As previously noted, a demonstrable hardship is present to warrant variances from those standards. 10. The subject site is 45 feet in width and 5,921 square feet in area. The zoning ordinance requires nonconforming lots within the R-ISD zoning district to be 50 feet in width and 7,500 square feet in area, so this lot is nonconforming. The applicant did not create the nonconforming lot, so the hardship results from the application of the provisions of the zoning ordinance and does not result from action of the property owner. 11. The contents of Planning Case #02-095PC 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 approves the following variances to allow for the construction of a single family dwelling: 1. A 1,579 square foot variance from the minimum 7,500 square feet oflot area for nonconforming shoreland lots to allow a 5,921 square foot lot. (Zoning Ordinance Section 1104.902 (1) a. Development on Nonconforming Lots, Sewered Areas.) 2. A 5 foot variance from the minimum 50 feet of lot width for nonconforming shoreland lots to allow a 45 foot wide lot. (Zoning Ordinance Section 1104.902 (1) a. Development on Nonconforming Lots, Sewered Areas.) 3. A 1.9 foot variance from the minimum 907.9 foot elevation for residential vehicular access on propeny located within the floodplain to allow acct:ss at 906 feet. (Zoning Ordinance Section 1105.402 (4): Standards for Permitted Uses.) The following conditions shall be complied with prior to the issuance of a building permit for the construction of a single family dwelling on the subject site: 1. The resolution must be recorded at Scott County within 60 days of adoption. Proof of recording, along with the acknowledged City Assent Form, shall be submitted to the Planning Department prior to the issuance of a building permit. 2. The building permit is subject to all other applicable city, county, and state agency regulations. 3. The shed located "On the southwest comer of the site shall be removed. I :\02files\02variances\02-095\approve resolution .doc 2 Adopted by the Board of Adjustment on September 23,2002. 1:\02files\02variances\02-095\approve resolution.doc ~.~<>--- .\ 'V "~;/ Anthony J. Stamson, Commission Chair 3 ,-,,' Scott County Customer Service (952) 496-8150 # 216537 04-0CT -2002 CUSTOMER KNIGHT, THOMAS A Filing Abstract Total for Fee FILE NUMBER OR NAME: KNIGHT Receipt Total Cash Payment Total Change 1@ 20.00ea 20.00 20.00 20.00 20.00 0.00 \ \ \ \ \ \ ------.-.-- ,.-_._,.,..."..._-----~ RESOLUTION 02-012PC A RESOLUTION APPROVING A 1,579 SQUARE FOOT VARIANCE FROM THE 7,500 SQUARE FOOT MINIMUM LOT AREA FOR NONCONFORMING LOTS, A 5 FOOT VARIANCE FROM THE 50 FOOT MINIMUM LOT WIDTH FOR NONCONFORMING LOTS, AND A 1.9 FOOT VARIANCE FROM THE 907.9 MINIMUM ELEVATION FOR VEIDCULAR ACCESS IN THE FLOODPLAIN FOR THE CONSTRUCTION OF A SINGLE FAMILY DWELLING BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. Thomas Knight has applied for variances from the Zoning Ordinance in order to permit the construction of a single family dwelling on property located in the R-l (Low Density Residential) and SD (Shoreland Overlay) Districts at the following location, to wit; 15747 West Avenue SE, Prior Lake, MN, legally described as follows: Lot 5, Point Beautiful, Scott County, Minnesota. 2. The Board of Adjustment has reviewed the application for variances as contained in Case #02-095PC and held a hearing thereon on September 23,2002. 3. The Board of Adjustment has considered the effect of the proposed variance upon the health, safety, and welfare of the community, the existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, the effect on property values in the surrounding area and the effect of the proposed variance on the Comprehensive Plan. 4. The subject lot is only 45 feet in width and 5,921 square feet in area, and is thus nonconforming. Therefore, the subject property exhibits exceptional conditions, width and area of the lot, that result in practical difficulties upon the owner in constructing a single family dwelling, as permitted in the R-l zoning district. The variance from the minimum floodplain elevation for vehicular access is due to the previous design of the road, which cannot be altered without impacting adjacent properties. 5. The 45 foot wide lot is a unique condition of the property, but is not exclusive to this subject lot or the Point Beautiful plat. There are several plats within the City of Prior Lake that were platted with lots narrower that would be permitted by the existing minimum standards for properties zoned R-l. However, it is a lot of record and is unbuildable without relief from the minimum dimensional requirements of nonconforming lots. 6. The variances for lot area and width and floodplain elevation for vehicular access are essential for the preservation and enjoyment of a substantial property right, because these particular elements of the site were not under the control of the applicant. 1:\02fi1es\02variances\02-095\approve resolution.doc 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 7. Relief from the R-1 minimal dimensional and floodplain vehicular access requirements to allow a reasonable use to be constructed on the property will not unreasonably impact the neighborhood, as a single family dwelling is already present on the site. 8. The granting of the lot area and width variances does not appear to be inconsistent with the intent of the zoning ordinance. The City Code intends to allow nonconforming lots of record to be buildable so the property owner can enjoy a reasonable use. 9. A reasonable use is currently present on the site. However, since the applicant proposes to rebuild a structure on a nonconforming lot of record, variances from minimum dimensional standards must be granted. As previously noted, a demonstrable hardship is present to warrant variances from those standards. 10. The subject site is 45 feet in width and 5,921 square feet in area. The zoning ordinance requires nonconforming lots within the R-ISD zoning district to be 50 feet in width and 7,500 square feet in area, so this lot is nonconforming. The applicant did not create the nonconforming lot, so the hardship results from the application of the provisions of the zoning ordinance and does not result from action of the property owner. 11. The contents of Planning Case #02-095PC 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 approves the following variances to allow for the construction of a single family dwelling: 1. A 1,579 square foot variance from the minimum 7,500 square feet of lot area for nonconforming shore1and lots to allow a 5,921 square foot lot. (Zoning Ordinance Section 1104.902 (1) a. Development on Nonconforming Lots, Sewered Areas.) 2. A 5 foot variance from the minimum 50 feet oflot width for nonconforming shore1and lots to allow a 45 foot wide lot. (Zoning Ordinance Section 1104.902 (1) a. Development on Nonconforming Lots, Sewered Areas.) 3. A 1.9 foot variance from the minimum 907.9 foot elevation for residential vehicular access on property located within the floodplain to allow access at 906 feet. (Zoning Ordinance Section 1105.402 (4): Standards for Permitted Uses.) The following conditions shall be complied with prior to the issuance of a building permit for the construction of a single family dwelling on the subject site: 1. The resolution must be recorded at Scott County within 60 days of adoption. Proof of recording, along with the acknowledged City Assent Form, shall be submitted to the Planning Department prior to the issuance of a building permit. 2. The building permit is subject to all other applicable city, county, and state agency regulations. 3. The shed located on the southwest comer of the site shall be removed. I :\02files\02variances\02-095\approve resolution .doc 2 Adopted by the Board of Adjustment on September 23, 2002. I :\02files\02variances\02-095\approve resolution .doc jJ.~ Anthony J. Stamson, Commission Chair 3 RESOLUTION 02-013PC A RESOLUTION DENYING A 1.2 PERCENT VARIANCE FROM THE MAXIMUM 30 PERCENT IMPERVIOUS SURFACE COVERAGE, AN 8 FOOT VARIANCE FROM THE 35 FOOT MAXIMUM HEIGHT, AND A 5 PERCENT VARIANCE FROM THE 10 PERCENT MAXIMUM DRIVEWAY SLOPE FOR THE CONSTRUCTION OF A SINGLE FAMILY DWELLING BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. Thomas Knight has applied for variances from the Zoning Ordinance in order to permit the construction of a single family dwelling on property located in the R-l (Low Density Residential) and SD (Shoreland Overlay) Districts at the following location, to wit; 15747 West Avenue SE, Prior Lake, MN, legally described as follows: Lot 5, Point Beautiful, Scott County, Minnesota. 2. The Board of Adjustment has reviewed the application for variances as contained in Case #02-095PC and held a hearing thereon on September 23, 2002. 3. The Board of Adjustment has considered the effect of the proposed variance upon the health, safety, and welfare of the community, the existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, the effect on property values in the surrounding area and the effect of the proposed variance on the Comprehensive Plan. 4. The variances to exceed maximum impervious surface, building height, and driveway slope are not due to exceptional or unique conditions of the property, but to the design conceived of by the applicant. These variances could be eliminated by a resign of the plan. 5. Although the property has constraints, a reasonable use, which is considered a single family dwelling with a two stall garage, can be constructed on the property without the requested bulk standard variances. 6. A single family dwelling with a detached garage is currently present on the site, so the owner enjoys a reasonable use of the property. However, the applicant has noted that the existing detached garage is in need of repair and must be replaced. The applicant proposes to remove the existing reasonable use and construct a new dwelling with attached garage. The inability to construct a new larger dwelling that does not comply with a minimum setback, maximum impervious surface coverage, maximum height, and maximum driveway grade does not interfere with a right the property owner has to develop the site. 1:\02files\02variances\02-095\deny resolution.doc 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 7. The granting of the height variance will impair an adequate supply of light and air to adjacent property, because the structure is proposed to be 43 feet measured to the mid-point of the roof. Furthermore, the impervious surface coverage variance may impact the runoff from the property and impact adjacent properties. The driveway grade variance will establish a precedent for properties within the Point Beautiful plat and other properties within the R-l zoning district. 8. The granting of the variances will impact the character and development of the Point Beautiful Neighborhood as the proposed structure measures 43 feet in height and encroaches into the required shoreland setback, site impervious surface exceeds 30 percent, and driveway grade exceeds 10 percent. Permitting the construction of the proposed structure will affect the perceived health, safety, and comfort of the immediate area. Furthermore, continually permitting relief from standards that intend to protect the integrity of Prior Lake, both aesthetically and environmentally, will defeat the purpose ofthe regulations. 9. One purpose of the zoning ordinance is to "prevent the overcrowding of land and undue concentration of structures and population by regulating the use of land and buildings and the bulk of buildings in relation to the land surrounding them." The bulk standard variances for proposed single family dwelling appear to be inconsistent with the intent of zoning ordinance in general. 10. The bulk standard variances could be eliminated. The plan could be redesigned to eliminate the shoreland setback, height, impervious surface coverage, and driveway slope variances. Thus, the granting of the variances appears to serve as a convenience to the applicant. 11. The fact that the property owner has proposed a new single family dwelling on the site that does not comply with minimum and maximum standards set forth in the zoning ordinance makes the hardship self-created. 12. The contents of Planning Case #02-095PC 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 variances to allow the construction of a single family dwelling: 1. A 1.2 percent variance from the maximum 30 percent impervious surface coverage for shoreland lots to allow 31.2 percent impervious surface coverage. (Zoning Ordinance Section 1104.306: Impervious Surface Coverage.) 2. An 8 foot variance from the maximum 35 feet maximum height in the shoreland district to allow a structure 43 feet in height. (Zoning Ordinance Section 1104.302 (4): Sewered Lakes, Lot Area, Width and Setback Requirements.) 3. A 5 percent variance from the maximum 10 percent residential driveway slope to allow a 15 percent driveway slope. (Zoning Ordinance Section 1107.205 Driveways.) 1:\02files\02variances\02-095\deny resolution .doc 2 ASSENT OF APPLICANT File # 02-095PC As Approved by Resolution # 02-012PC 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:\02FILES\02variances\02-097\Assent Form.DOC 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 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 of the 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 ofthe Resolution. / () ..-L..( - 0::2 , DATE SIGNATURE OF OWNER 15747 WEST AVENUE SE, PRIOR LAKE, MN ADDRESS OF PROPERTY L:\02FILES\02variances\02-097\Assent Form.DOC 2 Miscellaneous . L:\TEMPLA TE\FILEINFO.DOC .., .. '-: ,I ~ ':, Valley Engineering Co., Inc. SUITE 120-C, FRANKLIN TRAIL OFFICE CONDOMINIUM 16670 FRANKLIN TRAIL S. E. PRIOR LAKE. MINNESOTA 55372 TELEPHONE (612) 447-2570 (612) 447 -3241 FO.I.,.... 0.2 so. - -4'.0-- - F-4'.0-. - -- -:_4,.0-- - FO.I.M J.O $0. I .0 :2.... a.... 0 I 0 Q. .1Il ~ : _:i ... , . \AlP " , '8 ~ ~ \u ."'"' l) .... o ~ ~ /1 QI C-.- ~ t , I .'\~~ II \\--.1 1 i '\ .~ \ . .'" :,\~ over ,rt~1 ,..ut- ; '~/ .\..U...\-E:- -: ~ 0'1" ,tne % .,i.. {..7: ,-' i ,~ ~rllne ] /... J;I' \ .1."'.. ~,..O.,,"". -...~.~_ _... 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(jJ Oz:=r: >10111 111 -\ ...- "' ...0 THESE DRAWINGS ARE BASED ON , ARCNITECTURAL. tlRAWlN:i5 DAlEO. _ LATEST REVIsION OATEO~ .mNtJl"eER (j) IT (\) -0 s.l.) :3 45'-0" '" " ~ '< N 0> Q -" q ~ 6 - N IJ> q 9' G" ~ ~ (j; 0;- "" '" " < -" '" q - '" '" Q T-G" 12'-G" '" o :r [>l>l>l>~ Knight Remodel OJ -< j; ;;1 CERTIFICATE OF SURVEY For: TOM KNIGHT PROPERTY DESCRIPTION: Lot 5, "POINT BEAUTIFUL", Scott County, Minnesota. We hereby certify that this is a true and correct survey of the above described property and that it was performed by me or under my direct supervision and that I am a duly Licensed Surveyor under the laws of the State of Minnesota. That this survey does not purport to show all improvements, easements or encroachments, to the property except as shown thereon. Signed this 3rd day of May , 2002. James R. Hill, Inc., No BEARINGS ARE ON AN ASSUMED DATUM. THIS SURVEY HAS BEEN PREPARED WITHOUT BENEFIT OF A TITLE COMMITMENT OR TITLE OPINION. A TITLE SEARCH FOR RECORDED OR UNRECORDED EASEMENTS WHICH MAY BENEFIT OR ENCUMBER THIS PROPERTY HAS NOT BEEN COMPLETED BY THE SURVEYOR. GROSS AREA = 5,921.360 SQUARE FEET OR 0.136 ACRES Scale: 1-=30' -0 }> -oN ,..... :;0 0 .., N 0 co n (T\ 0 to. 0 )> 1"'1 ,r. 0 COn'"" O-io..~ o l.Oz;:E::;; 'T1 9<.0 N 01 ~ III ....... S:;o~ 0 1"'1.......... :;0 '<NO )> :u Vi en )> -0 :E ~6...........r;j"T)Z l"l z 0 CD UlN -< ~ o lm:Eml . IRON MONUMENT FOUND c=J GRAVEL SURFACE ~ CONCRETE SURFACE --.:r POWER POLE MANHOLE HYDRANT CURB STOP TELEPHONE PEDESTAL TREE r.... \._..../ y--{ '-.....' ~> ~ o () --;+-.-- FENCE James R. Hill, Inc. ) PLANNERS / ENGINEERS / SURVEYORS 2500 w. Crt. Roo 42. SIn: 120, 8lRRJ.E. MN 55337 PHOE: (952)890-6044 FAX: (952)890-6244 CERTIFICATE OF SURVEY For: TOM KNIGHT I (\0 h L.V I -.....J /\ '^ 1" ^ 1\ 10' I v,\ ,-",\1 \I I I , , .. ;J.-:-j-RETAINING /-: ... WALL ~~c. STEPS ~,,..- . / '---STOOP I (\0 II /--[.V I "I'" o o ex) C'\J -- }.J...J ()) L[) o L[) o L[) o 2: QJ -" ...-...-.--.... <..:> a -J en , \ ()'j~ ~--- !~ ! ~ 7.86_ . '" BLDC 1."1 f ..... (...-' DECK o ~ Bl.OC 0. 8 f ....~J. MAPLE 4~00- X9269~~) --- --==-- ___7 J\D~:o ~ ~& --- -f WALI/ N74072' Cf 0.24- -...: ~ 32 " --- ~5. 00 W --- w co <..:> a -J Q) --- cJfNCf ~ '- .24- W --- --- --- --- Scale: 1"=20' James Page 2 of 2 45.00 o o f'.. I") :;W ll) ex) L[) o L[) o 2: ~ R. Hill, -. N '1: ::t C c... t>: ~ --: ~ q I\: C Q: C cc Inc. ,----,.---~----_._- -.___~___~..__ ______._.w -, i ~.::; r-" ,,- CITY OF PRIOR LAKE. Impervious Surface Calculations (To be Submitted with Building Permit Application) AUG 2 2 2002 For All Properties Located in the Shoreland District (SD). The Maximum Impervious Surface Coverage Permitted in 30 Percent. Property Address: Lot 5. Point Beautiful; 15747 West Avenue SE (Existing) Lot Area 5.921.36 Sq. Feet x 30% = 1 .776.41 ******************************************************************************************** HOUSE LENGTH 35.2 WIDTH x 24.2 x x SQ. FEET = 851.84 = ATIACHED GARAGE = TOTAL PRINCIPLE STRUCTURE...... 851.84 DETACHED BLDGS (Garage/Shed) 25.9 x 23.7 = 621.29 x = TOTAL DETACHED BUILDINGS... ... 621.29 DRIVEWAY/PAVED AREAS (Driveway-paved or not) (Sidewalk/Parking Areas) All conc. areas on lot = West Ave NE Encroaching = x = 238.26 121.85 TOTAL PAVED AREAS... ... ... ... ... ... 360.11 PATIOS/PORCHES/DECKS (Open Decks 1/4 min. opening between boards, with a pervious surface below, are not considered to be impervious) Existing Frame Shed = 103.46 = = TOTAL DECKS... ... ... ... ... ... ... ... ... ... 1,805.16 Other = = TOTAL OTHER... ... ... ... ... ... ... ... ... ... TOTAL IMPERVIOUS SURFACE 1,936.7 UNDER/OVER 160.29 Prepared By Paul Fricovsky Date 8/15/02 Company James R. Hill. Inc. Phone # (952)-890-6044 CITY OF PRIOR LAKE. Impervious Surface Calculations (To be Submitted with Building Permit Application) For All Properties Located in the Shoreland District (SD). The Maximum Impervious Surface Coverage Permitted in 30 Percent. Property Address: Lot 5. Point Beautiful-15747 West Avenue NE (Proposed) Lot Area 5.921 .36 Sq. Feet x 30% = 1 .776.41 ******************************************************************************************** HOUSE LENGTH 50 WIDTH x 24 SQ. FEET = 1200 x x = AITACHED GARAGE = TOTAL PRINCIPLE STRUCTURE... ... 1200 DETACHED BLDGS (Garage/Shed) 12.33 x x 8.36 = 103.08 = TOTAL DETACHED BUILDINGS... ... 103.08 DRIVEWAY /P A VED AREAS (Driveway-paved or not) (Sidewalk/Parking Areas) Proposed driveway = West Ave NE encroach. = x = 421.47 121.85 TOTAL PAVED AREAS... ... ... ... ... .., 543.32 P A TIOS/PORCHES/DECKS (Open Decks 1/4 min. opening between boards, with a pervious surface below, are not considered to be impervious) = = = TOTAL DECKS... ... ... ... ... ... ... ... ... ... Other = = TOTAL OTHER... ... ... ... ... ... ... ... ... ... TOTAL IMPERVIOUS SURFACE 1.846.4 UNDER/OVER 69.99 Prepared By Paul Fricovsky Date 8/14/02 Company James R. Hill, Inc. Phone # (952)-890-6044 October 14, 2002 Mr. Pat Lynch Minnesota Department of Natural Resources Division of Waters 1200 Warner Road St. Paul, MN 55106-6793 RE: Thomas Knight Variance, 15747 West Avenue SE; Lot 5, Point Beautiful Dear Mr. Lynch: Enclosed please find executed Resolution 02-012PC approving variances to allow a single family dwelling to be constructed on the above referenced property. Should you have any questions regarding this variance, please feel free to contact me at (952) 447-9813. Sincerely, Enclosure . 16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER September 25, 2002 Mr. Thomas Knight 15747 West Avenue SE Prior Lake, 11N 55372 RE: Case File No.: 02-095, Variances for the construction of a single family dwelling, 15747 West Avenue SE Dear Mr. Knight: This letter is to officially inform you that on September 23, 2002, the Planning Commission approved a 1,579 square foot variance from the 7,500 square foot minimum lot area for nonconfonning lots, a 5 foot variance from the 50 foot minimum lot width for nonconfonning lots, and a 1.9 foot variance from the 907.9 minimum elevation for vehicular access in the floodplain for the construction of a single family dwelling, subject to the following conditions: 1. The resolution must be recorded at Scott County within 60 days of adoption. Proof of recording, along with the acknowledged City Assent Form, shall be submitted to the Planning Department prior to the issuance of a building pennit. 2. The building pennit is subject to all other applicable city, county, and state agency regulations. 3. The shed located on the southwest comer of the site shall be removed. Enclosed is a certified copy of the original Resolution approving the aforementioned variances to be recorded at Scott County and a copy for your records. I have also enclosed a copy of the resolution denying the impervious surface coverage, building height, and driveway slope variances for your records. Additionally, the enclosed Assent Form must be signed by all property owners and returned to the Planning Department prior to the issuance of any necessary pennits. Should you have any questions regarding this letter, please feel free to contact me at (952) 447-9813. Sincerely, -fJj1thJ~(~ ~ynthiaR. ~o(J~ Planner Enclosures . 16200 Eagle Creek Ave. S.L Prior Lake. Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER SepteDlber24,2002 Anthony Stamson Planning Cormnission Chair 16095 Wren Court SE Prior Lake, :MN 55372 Dear Mr. Starnson: Enclosed please fInd Variance Resolutions 02-012PC and 02-013PC for ThODlas Knight, 157 47 West Avenue SE, as adopted by the Planning Cormnission on SepteDlber 23, 2002. Please review and sign the Resolutions and return in the self-addressed stamped envelope. Should you have any questions, please feel free to contact Dle at (952) 447-9813. Thank you. Sincerely, ~~1~~~ Cynthia R. KirchofWa U Planner Enclosures 16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER September 19, 2002 Thomas Knight 15747 West Avenue SE Prior Lake, MN 55372 RE: Agenda and Agenda Report Attached is a Planning Commission Agenda and Staff Report for the September 23, 2002, 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- 9810. Sincerely, Connie CarCson Connie Carlson Planning Dept. Secretary Enclosure I:\deptwork\blankfrm\meetltr.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER August 23, 2002 Thomas Knight 157 47 West Avenue SE Prior Lake, MN 55372 RE: Variances for single family dwelling construction (Case # 02-095) Dear Mr. Knight: The City of Prior Lake has determined that all of the necessary information for the above referenced application has been received. This letter serves as your official notification that your application is now complete. The City will now begin formal review. At this time, your application for variances is scheduled for the Monday, September 23, 2002, Planning Commission meeting. You or your representative must attend this meeting. The City review process can be substantially less than 120 days, and we intend to progress in a timely manner that provides a complete and professional review. Occasionally, however, due to meeting schedules, it is sometimes necessary to extend the 60-day review period. This letter also serves as your official notice that the City is extending the 60-day deadline for an additional 60 days from October 21, 2002, to December 20, 2002. If you have questions relative to the review process or related issues, please feel free to contact me at (952) 447-9813. Sincerely, . . . t ---,,~ ..;M-lt--L at=- . Q....i/ :/(' / '_t.) ) 'IY~--=_~I. ' , - l I " Cynthia R. Kireho 'AICP~ Planner 1:\02files\02variances\02-095\complete app.doc 16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER August 10 2002 : t 'j i ~, , i,1 n '" f7 !.- 1 ,-..\\ . .._,'-'11:; L:\ i., Ul "1 " , 1:\ 622. i~' Steve Horsman Zoning Administrator 16200 Eagle Creek Ave S.E. Prior Lake MN 55372 . ! \ ' U~L Steve & interested parties, Lot 5 Point Beautiful, my home, is a substandard lot of 45' wide x 128 I in length. I would like to remove existing garage and house structures & rebuild new. I feel I can meet all build code requirements except for lot width. The existing structure of the detached garage is disintegrating. Every spring getting a little worse due to ice/water damage to the masonry structure. My new structure would be of a 3 story modern design closely resembling the REI building on 494 in Bloomington. Scaled down and built within all codes & guidelines depicted by city ,county & state. Lot width should not be a problem as I will not be building wider that what is already existing. I will be consolidating house and garage to a single tuckunder garage structure construction. I would like the house to be something we all can be in a positive agreement on . Please contact me if more information if needed. Thanks for your attention. !Z::rd.,;q/ Tom Kni~ht ;;)' August 5, 2002 Thomas Knight 15747 West Avenue SE Prior Lake, MN 55372 RE: Review For Variance Application Completeness Dear Mr.Knight: The Planning Department received a variance application for construction of a single family dwelling with attached garage on your property at 15747 West Avenue. The following information is necessary to process your application: 1. Letter from Scott County verifying the certified list of property owners within 350 feet of your property. 2. Depict the following on the certificate of survey: a) a minimum lowest floor elevation of909.9' including basement or crawl spaces; b) depict driveway, garage floor elevation and curb elevation for driveway slope; c) the proposed structure setback to the Ordinary High Water Mark (OHWM); d) structure setback to east side lot line. 3. Submit 10 full size copies of the certificate of survey. 4. Applicant narration describing requested variances and hardship. 5. Re-check impervious surface coverage worksheet, appears to be an error. Submit worksheet including all existing impervious surface areas on the subject lot including hard surface or class 5 driveways and parking areas, and submit proposed impervious surface coverage worksheet for the new redeveloped coverage areas. Once we have received the above information, we will process your application and schedule this item for a public hearing. If you have any questions, please phone me at 447-9854. Thank you for your cooperation in this matter. Sincerely, 1. Steve Horsm Zoning Administrator/Inspector L: \02FILES\02variances\02-095\INCOMPL T.DOC 16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER I have reviewed the attached proposed request (Kniaht Variance) for the following: Water City Code Grading Sewer Storm Water Signs Zoning Flood Plain County Road Access Parks Natural Features Legal Issues Assessment Electric ./ Roads/Access Policy Septic System Gas Building Code Erosion Control Other Recommendation: /' Approval . Denial Conditional Approval Comments: Signed: ~ ~cf)~ c:7 Date: q/il/oz, I ' Please return any comments by Thursday, September 12.2002, to Cynthia Kirchoff City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (952) 447-9813 Fax: (952) 447-4245 e-mail: ckirchoff@cityofpriorlake.com 1:\02files\02variances\02-095\referral.doc Page 2 Cynthia Kirchoff From: Sent: To: Subject: Pat Lynch [pat.lynch@dnr.state.mn.us] Wednesday, September 11,20022:47 PM ckirchoff@cityofpriorlake.com Thomas Knight Variances, 15747 West Avenue SE Thank you for sending me the materials regarding the multiple variance requests for the proposed improvements at Lot 5, Point Beautiful, located at 15747 West Avenue. AS I understand it, variances are being requested from minimum lot size, lot width, structure setback from the lake, imervious surface coverage, and building height. The very small and narrow lot result in the request for 4 of the 5 variances. I reviewed the surveys you sent, and believe that two of the five variances can be eliminated. The first is building height. My understanding is that a 43' buiding height is being requested. This is 8 feet taller than the maximum allowable under ordinance. The minimum statewide standard in shoreland rules in 25', however DNR has routinely approved flexibility to 35' as we did in Prior Lake. A modified structure design should easily meet the 35' height maximum. If the height limit cannot be met, hardship must be demonstrated (actually, all the variances require the applicant demonstrate hardship). I'd like to hear the hardship argument. Impervious surface coverage is proposed to increase from the existing 30% to 31%. While this increase may appear slight, it is well above the 25% impervious surface coverage allowable under state rules. In other words, the state has essentially given a blanket variance to Prior Lake to allow up to 30% impervious surface without variance versus 25% in rule. This was done to address existing development and redevelopment of substandard lots of record. Slight reduction in the length of the proposed structure could reduce the impervious surface to 30% without unduly denying the property owner reasonable use of the property. Again, the burden of proving a hardship exists without the variance lies with the applicant, and he should be required to present such a hardship case prior to staff, the planning commission or city council taking action on this matter. Fiannly, as a condition of any variance approval, the shed located in the southwest corner of the lot should be removed. This will also eliminate slightly more than 100 feet of impervious surface as well as an accessory structure that probably does not meet the side yard setback. Please enter these DNR comments in to the official record of hearing for this matter, and advise me of the outcome of same. Thanks. Pat Lynch DNR South Metro Area Hydrologist phone 651.772.7917 fax 651.772.7977 pat.lynch@dnr.state.mn.us 1 DNR COMMENTS HEARING NOTICES - L:\TEMPLA TE\FILEINFO.DOC NOTICE OF PUBLIC HEARING TO CONSIDER VARIANCES FROM THE ZONING ORDINANCE FOR THE CONSTRUCTION OF A SINGLE FAMILY DWELLING 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 County Road 21 and Fish Point Road), on: Monday, September 23,2002, at 6:30 p.m. or as soon thereafter as possible. REQUESTS: The applicant is requesting variances from the minimum 7,500 square foot lot area and 50 foot width required for nonconforming shoreland lots, minimum 75 foot shoreland setback, maximum 30 percent impervious surface coverage for shoreland lots, maximum 35 foot structure height, minimum floodplain elevation for vehicular access, and maximum 10 percent residential driveway slope for the construction of a single family dwelling. APPLICANT: Thomas Knight SUBJECT SITE: 15747 West Avenue SE, Prior Lake, MN, legally described as Lot 5, Point Beautiful, Scott County, Minnesota. 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- 9810 between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. The Planning Commission will accept oral and/or written comments. Oral or written comments should relate to how the proposed construction and requested variances are or are not consistent with the Zoning Ordinance and variance hardship criteria. Prepared this yd day of September 2002. Cynthia Kirchoff, AICP, Planner City of Prior Lake Mailed to property owners within 350 feet of the subject site on September 12, 2002. L: \02FILES\02variances \02-09S\Mailed N otice.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER _~__"_........"" ,__.._.....__.., .._______~..._~_,~_ _..~._"__w.__..~~~,....__________+ AGENDA ITEM: SUBJECT: SITE: PRESENTER: REVIEWED BY: PUBLIC HEARING: DATE: CASE FILE#: INTRODUCTION: PLANNING REPORT 5B CONSIDER VARIANCES FROM THE ZONING ORDINANCE FOR THE CONSTRUCTION OF A SINGLE FAMILY DWELLING 15747 WEST AVENUE SE CYNTHIA KIRCHOFF, PLANNER JANE KANSIER, PLANNING COORDINATOR X YES NO SEPTEMBER 23, 2002 02-095 Thomas Knight is requesting variances from zoning ordinance provisions to permit the construction of a single family dwelling on property zoned R -1 (Low Density Residential) and SD (Shoreland District) and located at 15747 West Avenue SE (Lot 5, Point Beautiful). A single family dwelling and detached garage are present on the site. Both are proposed to be removed to accommodate the new structure. The applicant requests the following variances: 1. A 1,579 square foot variance from the minimum 7,500 square feet oflot area for nonconforming shoreland lots to allow a 5,921 square foot lot. (Zoning Ordinance Section 1104.902 (1) a. Development on Nonconforming Lots, Sewered Areas.) 2. A 5 foot variance from the minimum 50 feet of lot width for nonconforming shore land lots to allow a 45 foot wide lot. (Zoning Ordinance Section 1104.902 (1) a. Development on Nonconforming Lots, Sewered Areas.) 3. A 1.2 percent variance from the maximum 30 percent impervious surface coverage for shoreland lots to allow 31.2 percent impervious surface coverage. (Zoning Ordinance Section 1104.306: Impervious Surface Coverage.) 4. An 8 foot variance from the maximum 35 feet height in the shoreland district to allow a structure 43 feet in height. (Zoning Ordinance Section 1104.302 (4): Sewered Lakes, Lot Area, Width and Setback Requirements.) 5. A 1.9 foot variance from the minimum 907.9 foot elevation for residential vehicular access on property located within the floodplain to allow access at 906 feet (Zoning Ordinance Section 1105.402 (4): Standards for Permitted Uses.) 1:\02files\02variances\02-095\pc report. doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Planning Report - White Variances September 18, 2002 Page 2 6. A 5 percent variance from the maximum 10 percent residential driveway slope to allow a 15 percent driveway slope. (Zoning Ordinance Section 1107.205 Driveways. ) BACKGROUND: The subject property was platted as Lot 5, Point Beautiful in 1924. The site is zoned R-1 (Low Density Residential) and SD (Shoreland District). The platted dimensions ofthe lot are approximately 45 feet wide by approximately 130 feet in depth for a total lot area of 5,921 square feet. Access is gained via West Avenue SE, a private street. Although the property is a lot of record, it does not comply with minimum standards set forth for nonconforming shoreland lots (i.e., 50 feet of width and 7,500 square feet of area). The property is not a riparian lot, as a 33 foot wide driveway was platted between the lots and the shoreland, however it is within 1000 feet of the ordinary high water mark (OHWM) of Prior Lake and must comply with applicable shoreland standards. The existing single family dwelling was constructed in 1927, according to City records. In 1978, a 5 foot front yard setback and 3 foot side yard setback variances were granted. The record is not clear as to what the type of structure the variance was issued for, however, a building permit for a new garage was issued in that same year. DISCUSSION: According to the survey submitted by the applicant, the existing single family dwelling maintains a nonconforming side yard setback and the existing detached garage is located closer to the front property line than permitted by the variance granted in 1978. Also, the impervious surface on the property totals 32.7 percent. The applicant is requesting variances to construct a single family dwelling with attached garage on the property. In order to construct a structure on the property, variances must be granted from the minimum 7,500 square foot lot area and 50 foot lot width standards. Within the shoreland overlay district, the zoning ordinance requires that structures maintain a 75 foot setback from the Ordinary High Water Mark (OHWM) of Prior Lake (General Development Lake). A provision of the ordinance permits a setback equal to the 1:\02files\02variances\02-095\pc report. doc Planning Report - White Variances September 18, 2002 Page 3 average of setbacks ofthe adjacent structures or 50 feet whichever is greater. The proposed house is shown to be set back 52.7 feet from the 904 elevation. The survey on file for 15741 West Avenue (the property to the east) indicates that the average shoreland setback is 52 feet. (The setback for 15741 West Avenue is 40 feet, due to a variance granted in 2001 and the lakeshore setback is 64 feet for 15759 West Avenue, thus the 52 foot setback.) The proposed dwelling meets the minimum setback. However, the applicant will have to note the setbacks of adjacent structures on a survey submitted with the building permit application. The total impervious surface coverage for the property is 31.2 percent, which is less than the existing situation of 32.7 percent but greater than the 30 percent permitted by ordinance. The applicant would like to construct a dwelling with a modem design that measures 43 feet in height. Structures within the shoreland overly district cannot exceed 35 feet, measured to the mid-point of a gable roof. The floodplain ordinance requires that residences have vehicular access at or above 907.9 feet (which is 2 feet below the regulatory flood protection elevation). The existing gravel road is at 906 feet in elevation (see picture). The driveway grade is proposed to be 15 percent, and the zoning ordinance permits a maximum of 10 percent elevation change for a residential driveway. The proposed dwelling complies with the 25 foot minimum front and rear yard setbacks and minimum side yard setbacks for nonconforming lots. Applicant's Perception Of Hardship The applicant has indicated the existing detached garage "is disintegrating [and] every spring getting a little worse due to ice/water damage to the masonry structure." The "new structure would be of a 3 story modem design closely resembling the REI building on 494 in Bloomington [and] scaled down and built within all codes and guidelines depicted by city, county and state." 1:\02fi1es\02variances\02-095\pc report. doc Planning Report - White Variances September 18, 2002 Page 4 Minnesota DNR Comments The Minnesota Department of Natural Resources (DNR) was notified concerning the variance requests and recommends denial of the building height and impervious surface coverage variances, because a slight modification in the plans could eliminate the variances without unduly denying the property owner reasonable use of the property. According to the area hydrologist, the state has granted a blanket variance to Prior Lake to allow the 35 feet of height (the state rules only permit 25 feet) and 30 percent impervious surface coverage, because the state rules only allow 25 percent. (Note: The additional 5 percent was granted to address existing development and redevelopment of substandard lots of record.) The DNR also recommends that the existing 8 foot by 12 foot shed located at the southeast comer of the property be removed from the site to reduce impervious surface coverage and eliminate a structure with nonconforming setbacks. VARIANCE HARDSHIP STANDARDS 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 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. The subject lot is only 45 feet in width and 5,921 square feet in area, and is thus nonconforming. Therefore, the subject property exhibits exceptional conditions, width and area of the lot, that result in practical difficulties upon the owner in constructing a single family dwelling, as permitted in the R-l zoning district. The variance from the minimum floodplain elevation for vehicular access is due to the previous design of the road. This design cannot be changed without affecting drainage patterns on other properties. The variances to exceed maximum impervious surface, building height, and driveway slope are not due to exceptional or unique conditions of the property, but to the design conceived of by the applicant. These variances could be eliminated by a resign of the plan. 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. 1: \02files\02variances\02-095\pc report. doc Planning Report - White Variances September 18, 2002 Page 5 The 45 foot wide lot is a unique condition of the property, but is not exclusive to this subject lot or the Point Beautiful plat. There are several plats within the City of Prior Lake that were platted with lots narrower that would be permitted by the existing minimum standards for properties zoned R-l. However, the site is a lot of record and is unbuildable without relief from the minimum dimensional requirements of nonconforming lots and minimum vehicular access. The existing road design also cannot be altered without impacting adjacent properties. Although the property has constraints, a reasonable use, which is considered a single family dwelling with a two stall garage, can be constructed on the property without the requested bulk standard variances. 3. The granting of the proposed Variance is necessary for the preservation and enjoyment of a substantial property right of the owner. The variances for lot area and width and floodplain elevation for vehicular access are essential for the preservation and enjoyment of a substantial property right, because these particular elements of the site were not under the control of the applicant. A single family dwelling with a detached garage is currently present on the site, so the owner enjoys a reasonable use of the property. However, the applicant has noted that the existing detached garage is in need of repair and must be replaced. The applicant proposes to remove the existing reasonable use and construct a new dwelling with attached garage. The inability to construct a new larger dwelling that does not comply with maximum impervious surface coverage, maximum height, and maximum driveway grade standards does not interfere with a right the property owner has to develop the site. 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 granting of the height variance will impair an adequate supply of light and air to adjacent property, because the structure is proposed to be 43 feet measured to the mid-point of the roof. Furthermore, the impervious surface coverage variance may impact the runoff from the property and impact adjacent properties. The driveway grade variance will establish a precedent for properties within the Point Beautiful plat and other properties within the R-l zoning district. 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. 1:\02files\02variances\02-095\pc report. doc Planning Report - White Variances September 18, 2002 Page 6 Relief from the R-l minimal dimensional and floodplain vehicular access requirements to allow a reasonable use to be constructed on the property will not unreasonably impact the neighborhood, as a single family dwelling is already present on the site. Also, altering the elevation of the vehicular access could create drainage issues for adjacent properties. The granting of the variances will impact the character and development of the Point Beautiful Neighborhood as the proposed structure measures 43 feet in height, site impervious surface exceeds 30 percent, and driveway grade exceeds 10 percent. Permitting the construction of the proposed structure will affect the perceived health, safety, and comfort of the immediate area. Furthermore, continually permitting relief from standards that intend to protect the integrity of Prior Lake, both aesthetically and environmentally, will defeat the purpose of the regulations. 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 lot area and width variances does not appear to be inconsistent with the intent of the zoning ordinance. The City Code intends to allow nonconforming lots of record to be buildable so the property owner can enjoy a reasonable use. One purpose of the zoning ordinance is to "prevent the overcrowding of land and undue concentration of structures and population by regulating the use of land and buildings and the bulk of buildings in relation to the land surrounding them." The bulk standard variances for proposed single family dwelling appear to be inconsistent with the intent of zoning ordinance in general. The zoning ordinance also intends to "enhance the aesthetic character and appearance of the city" and "conserve natural resources and environmental assets of the community." As previously noted, requested bulk standard variances appear contrary to the purpose of the regulations by potentially degrading natural resources important to the health and vitality of Prior Lake. The shoreland ordinance intends to "provide for the wise development of shorelands of public waters," and "preserve and enhance the quality of surface waters, preserve the economic and natural environmental values of shoreland, and provide for the wise utilization of waters and related land resources." The requested variances from maximum height and maximum impervious surface coverage are inconsistent with the intent of the shoreland ordinance. 1:\02files\02variances\02-095\pc report. doc Planning Report - White Variances September 18, 2002 Page 7 7. The granting ofthe Variance will not merely serve as a convenience to the applicant but is necessary to alleviate a demonstrable undue hardship or difficulty. A reasonable use is currently present on the site. However, since the applicant proposes to rebuild a structure on a nonconforming lot of record, variances from minimum dimensional standards and the access requirements must be granted. As previously noted, a demonstrable hardship is present to warrant variances from those standards. The bulk standard variances could be eliminated. The plan could be redesigned to eliminate the height, impervious surface coverage, and driveway slope variances. Thus, the granting of the variances appears to serve as a convenience to the applicant. 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 subject site is 45 feet in width and 5,921 square feet in area. The zoning ordinance requires nonconforming lots within the R-ISD zoning district to be 50 feet in width and 7,500 square feet in area, so this lot is nonconforming. The applicant did not create the nonconforming lot, so the hardship results from the application of the provisions of the zoning ordinance and does not result from action of the property owner. The fact that the property owner has proposed a new single family dwelling on the site that does not comply with maximum standards set forth in the zoning ordinance makes the hardship self-created. 9. Increased development or construction costs or economic hardship alone shall not be grounds for granting a Variance. Although the reconstruction of the single family will increase the value of the property, staff does not believe that it is the sole purpose of the request. CONCLUSION: The applicant was granted relief from the zoning ordinance in 1978 to construct a detached garage, which allowed a reasonable use on the property. The proposed single family dwelling with attached garage does not comply with several provisions of the zoning ordinance, so the applicant is requesting variances. 1:\02files\02variances\02-095\pc report. doc Planning Report - White Variances September 18, 2002 Page 8 Should the height, impervious surface coverage, and driveway slope variances be granted the property owner would receive a greater benefit than other properties within the Point Beautiful plat and the R-ISD zoning district. The proposed dwelling could be reduced in size so that bulk standard variances are not needed. However, the width and area variances and the access elevation variance are necessary to allow the property owner a reasonable use of the property similar to those in the same zoning district. RECOMMENDATION: Staff recommends approval of the requested variances to lot area and width and vehicular access flood elevation, so the applicant can construct a reasonable use on the site. Staff believes that all nine-hardship criteria have not been met with respect to the requested height, impervious surface, and driveway slope variances. The applicant created the hardship by the design of the dwelling. The staff therefore recommends denial of the requested variances from maximum height, impervious surface coverage, and driveway slope requirements, as proposed by the applicant. With respect to the driveway slope variance, even if the Planning Commission does not approve the requested variance, the City Engineer may approve a driveway slope exceeding 10% in circumstances of unusual topography or existing conditions. ALTERNATIVES: 1. Approve the variances requested by the applicant, or approve any variances the Planning Commission deems appropriate in the circumstances. In this case, the Planning Commission should direct staff to prepare a resolution with findings approving the variance requests. 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. ACTIONS REQUIRED: The staff recommends approval of this request in part, and denial in part. This requires the following motions: 1. A Motion and second adopting Resolution 02-012PC approving the variances from minimum lot area and width and vehicular access flood elevation. 2. A Motion and second adopting Resolution 02-013PC denying the variances from maximum structure height, impervious surface coverage and driveway slope. 1:\02fi1es\02variances\02-095\pc report. doc Planning Report - White Variances September 18, 2002 Page 9 ATTACHMENTS: I. Location map 2. Applicant's letter 3. Existing conditions 4. Existing impervious surface 5. Proposed dwelling 6. Proposed impervious surface 7. Proposed house plans and elevations 1:\02files\02variances\02-095\pc report.doc RESOLUTION 02-012PC A RESOLUTION APPROVING A 1,579 SQUARE FOOT VARIANCE FROM THE 7,500 SQUARE FOOT MINIMUM LOT AREA FOR NONCONFORMING LOTS, A 5 FOOT VARIANCE FROM THE 50 FOOT MINIMUM LOT WIDTH FOR NONCONFORMING LOTS, AND A 1.9 FOOT VARIANCE FROM THE 907.9 MINIMUM ELEVATION FOR VEmCULAR ACCESS IN THE FLOODPLAIN FOR THE CONSTRUCTION OF A SINGLE FAMILY DWELLING BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. Thomas White has applied for variances from the Zoning Ordinance in order to permit the construction of a single family dwelling on property located in the R-l (Low Density Residential) and SD (Shoreland Overlay) Districts at the following location, to wit; 15747 West Avenue SE, Prior Lake, MN, legally described as follows: Lot Point Beautiful, Scott County, Minnesota. 2. The Board of Adjustment has reviewed the application for variances as contained in Case #02-095PC and held a hearing thereon on September 23,2002. 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 ofthe proposed variance on the Comprehensive Plan. 4. The subject lot is only 45 feet in width and 5,921 square feet in area, and is thus nonconforming. Therefore, the subject property exhibits exceptional conditions, width and area of the lot, that result in practical difficulties upon the owner in constructing a single family dwelling, as permitted in the R-1 zoning district. The variance from the minimum floodplain elevation for vehicular access is due to the previous design of the road, which cannot be altered without impacting adjacent properties. 5. The 45 foot wide lot is a unique condition of the property, but is not exclusive to this subject lot or the Point Beautiful plat. There are several plats within the City of Prior Lake that were platted with lots narrower that would be permitted by the existing minimum standards for properties zoned R-l. However, it is a lot of record and is unbuildable without relief from the minimum dimensional requirements of nonconforming lots. 6. The variances for lot area and width and floodplain elevation for vehicular access are essential for the preservation and enjoyment of a substantial property right, because these particular elements of the site were not under the control of the applicant. 1:\02fi1es\02variances\02-095\approve resolution.doc 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 7. Relief from the R-l minimal dimensional and floodplain vehicular access requirements to allow a reasonable use to be constructed on the property will not unreasonably impact the neighborhood, as a single family dwelling is already present on the site. 8. The granting of the lot area and width variances do not appear to be inconsistent with the intent of the zoning ordinance. The City Code intends to allow nonconforming lots of record to be buildable so the property owner can enjoy a reasonable use. 9. A reasonable use is currently present on the site. However, since the applicant proposes to rebuild a structure on a nonconforming lot of record, variances from minimum dimensional standards must be granted. As previously noted, a demonstrable hardship is present to warrant variances from those standards. 10. The subject site is 45 feet in width and 5,921 square feet in area. The zoning ordinance requires nonconforming lots within the R-1SD zoning district to be 50 feet in width and 7,500 square feet in area, so this lot is nonconforming. The applicant did not create the nonconforming lot, so the hardship results from the application of the provisions of the zoning ordinance and does not result from action of the property owner. 11. The contents of Planning Case #02-095PC 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 approves the following variances to allow for the construction of a single family dwelling: 1. A 1,579 square foot variance from the minimum 7,500 square feet oflot area for nonconforming shoreland lots for a 5,921 square foot lot. (Zoning Ordinance Section 1104.902 (1) a. Development on Nonconforming Lots, Sewered Areas.) 2. A 5 foot variance from the minimum 50 feet oflot width for nonconforming shoreland lots for a 45 foot wide lot. (Zoning Ordinance Section 1104.902 (1) a. Development on Nonconforming Lots, Sewered Areas.) 3. A 1.9 foot variance from the minimum 907.9 foot elevation for residential vehicular access on property located within the floodplain for access at 906 feet (Zoning Ordinance Section 1105.402 (4): Standards for Permitted Uses.) Adopted by the Board of Adjustment on September 23,2002. Anthony J. Stamson, Commission Chair ATTEST: Donald R. Rye, Planning Director 1:\02files\02variances\02-095\approve resolution .doc 2 RESOLUTION 02-013PC A RESOLUTION DENYING A 1.2 PERCENT VARIANCE FROM THE MAXIMUM 30 PERCENT IMPERVIOUS SURFACE COVERAGE, AN 8 FOOT VARIANCE FROM THE 35 FOOT MAXIMUM HEIGHT, AND A 5 PERCENT VARIANCE FROM THE 10 PERCENT MAXIMUM DRIVEWAY SLOPE FOR THE CONSTRUCTION OF A SINGLE FAMILY DWELLING BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. Thomas White has applied for variances from the Zoning Ordinance in order to permit the construction of a single family dwelling on property located in the R-l (Low Density Residential) and SD (Shoreland Overlay) Districts at the following location, to wit; 15747 West Avenue SE, Prior Lake, MN, legally described as follows: Lot Point Beautiful, Scott County, Minnesota. 2. The Board of Adjustment has reviewed the application for variances as contained in Case #02-095PC and held a hearing thereon on September 23,2002. 3. The Board of Adjustment has considered the effect of the proposed variance upon the health, safety, and welfare of the community, the existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, the effect on property values in the surrounding area and the effect of the proposed variance on the Comprehensive Plan. 4. The variances to exceed maximum impervious surface, building height, and driveway slope are not due to exceptional or unique conditions of the property, but to the design conceived of by the applicant. These variances could be eliminated by a resign of the plan. 5. Although the property has constraints, a reasonable use, which is considered a single family dwelling with a two stall garage, can be constructed on the property without the requested bulk standard variances. 6. A single family dwelling with a detached garage is currently present on the site, so the owner enjoys a reasonable use of the property. However, the applicant has noted that 1:\02fi1es\02variances\02-095\deny resolution.doc 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER the existing detached garage is in need of repair and must be replaced. The applicant proposes to remove the existing reasonable use and construct a new dwelling with attached garage. The inability to construct a new larger dwelling that does not comply with a minimum setback, maximum impervious surface coverage, maximum height, and maximum driveway grade does not interfere with a right the property owner has to develop the site. 7. The granting of the height variance will impair an adequate supply of light and air to adjacent property, because the structure is proposed to be 43 feet measured to the mid-point of the roof. Furthermore, the impervious surface coverage variance may impact the runoff from the property and impact adjacent properties. The driveway grade variance will establish a precedent for properties within the Point Beautiful plat and other properties within the R-l zoning district. 8. The granting of the variances will impact the character and development of the Point Beautiful Neighborhood as the proposed structure measures 43 feet in height and encroaches into the required shoreland setback, site impervious surface exceeds 30 percent, and driveway grade exceeds 10 percent. Permitting the construction of the proposed structure will affect the perceived health, safety, and comfort of the immediate area. Furthermore, continually permitting relief from standards that intend to protect the integrity of Prior Lake, both aesthetically and environmentally, will defeat the purpose ofthe regulations. 9. One purpose of the zoning ordinance is to "prevent the overcrowding of land and undue concentration of structures and population by regulating the use of land and buildings and the bulk of buildings in relation to the land surrounding them." The bulk standard variances for proposed single family dwelling appear to be inconsistent with the intent of zoning ordinance in general. 10. The bulk standard variances could be eliminated. The plan could be redesigned to eliminate the shoreland setback, height, impervious surface coverage, and driveway slope variances. Thus, the granting of the variances appears to serve as a convenience to the applicant. 11. The fact that the property owner has proposed a new single family dwelling on the site that does not comply with minimum and maximum standards set forth in the zoning ordinance makes the hardship self-created. 12. The contents of Planning Case #02-095PC 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 variances to allow the construction of a single family dwelling: I :\02files\02variances\02-095\deny resolution.doc 2 1. A 1.2 percent variance from the maximum 30 percent impervious surface coverage for shore land lots for 31.2 percent impervious surface coverage. (Zoning Ordinance Section 1104.306: Impervious Surface Coverage.) 2. An 8 foot variance from the maximum 35 feet maximum height in the shore1and district for a structure 43 feet in height. (Zoning Ordinance Section 1104.302 (4): Sewered Lakes, Lot Area, Width and Setback Requirements.) 3. A 5 percent variance from the maximum 10 percent residential driveway slope for a 15 percent driveway slope. (Zoning Ordinance Section 1107.205 Driveways. ) Adopted by the Board of Adjustment on September 23, 2002. Anthony J. Stamson, Commission Chair ATTEST: Donald R. Rye, Planning Director 1:\02files\02variances\02-095\deny resolution.doc 3 N t\ ATTACHMENT 1 Location fV1ap E Lakefr nt Park :E m Ul -t ~ m "" 7 /, 300 I o 300 600 Feet .-='. , ,;::::: -I ,,:; n -," ,;-' ,.. ~~ \.'. "'''1' I ',', :.:J ,"\ ,;;~.~_~~.~_:J;--. ~~.i \: \ August 102002 :, ,(' PUl 22311 iiU11 I~ Steve Horsman Zoning Administrator 16200 Eagle Creek Ave S.E. Prior Lake MN 55372 ii, \ ' , " \ . U Ui 1 I Steve & interested parties, Lot 5 Point Beautiful, my home, is a substandard lot of 45' wide x 128 I in length. I would like to remove existing garage and house structures & rebuild new. I feel I can meet all build code requirements except for lot width. The existing structure of the detached garage is disintegrating. Every spring getting a little worse due to ice/water damage to the masonry structure. My new structure would be of a 3 story modern design closely resembling the REI building on 494 in Bloomington. Scaled down and built within all codes & guidelines depicted by city ,county & state. Lot width should not be a problem as I will not be building wider that what is already existing. Iwill be consolidating house and garage to a single tuckunder garage structure construction. I would like the house to be something we all can be in a positive agreement on . Please contact me if more information if needed. Thanks for your attention. r?:::J~// Tom Kni~ht t/' APPLICANT'S LETTER CERTIFICATE OF SURVEY For: TOM KNIGHT I . _:~stT\ftN~s.c .. ~":' .' .'. ". ..45.00....... -:--''t;)~ ~>' .., ...S85.. 01""7.'3"1' "[ :'. '" ;,J'-:-,-RETAINING . /-: ..' WALL '.gQ6.3 I 1\, h L.V I V " '^ 1" ^" I" I v r\ ........ ,-" 'II I I , , __~C. STEPS .. -- '---STOOP .............9/~ 8.03-"-.. 0' : I, o \ i! ; ~ '~~O.,' 11.;1 I~ I 1\, II "--'-t.V I ~r- ..--- /^-- ,,2 j -- -.---- t..J :w ()) l.{) o 1> l.{) o :2 924 \ \ / Cl:J /^.......- :.'.0.::.:.'-- / j ~ ,1 i r-'Ol :)( OJ II -. ; C e,,/:-CLROEWTE PATIO 19."9D DECK .02 24.17 EXISTING RAMBLER (WIO) ~ (TO BE g REMOVED) t..J U _-';z - j,.,., lU ~ ~x u.. N '" Q}P. ~-- r~ ! ~ 7.86_ BLOc 1.7 E . ~ 24.17 DECK o ~ BLOc 0.8 E ,...~J' MAPLE 45'7;0-- x926.96 o ~ -- -:: 7 ~~Oc 2.7 )Z1 -- __WID N F"tNCE -f WALk N?4072' 0.24 ~ 32" -- ~.OO W -- t..J Cl:J -' c.J a -J en -- C:ENCE ~ '"- .24 It" -- -- -- -- Scale: 1"=20' Page 2 of 2 T3 45.00 ~ N o o r,: f") :w l.{) CXJ l.{) o l.{) o 2 '1: ::t C c... t>:: ~ --: ~ ~ q I\: C Q: C cc EXISTING CONDITIONS ATTACHMENT 4 CITY OF PRIOR LAKE. Impervious Surface Calculations (To be Submitted with Building Permit Application) For All Properties Located in the Shoreland District (SD). The Maximum Impervious Surface Coverage Permitted in 30 Percent. Property Address: Lot 5, Point Beautiful; 15747 West Avenue SE (Existing) Lot Area 5.921.36 Sq. Feet x 30% = 1 ,776.41 ******************************************************************************************** HOUSE LENGTH 35.2 WIDTH x 24.2 x x SQ. FEET = 851.84 = AITACHED GARAGE = TOTAL PRINCIPLE STRUCTURE... ... 851.84 DETACHED BLDGS (Garage/Shed) 25.9 x 23.7 = 621.29 x = TOTAL DETACHED BUILDINGS... ... 621.29 DRIVEWAY/PAVED AREAS (Driveway-paved or not) (Sidewalk/Parking Areas) All cone. areas on lot = West Ave NE Encroaching = x = 238.26 121.85 TOTAL PAVED AREAS... ... ... ... ... ... 360.11 PATIOS/PORCHES/DECKS (Open Decks 1/4 min. opening between boards, with a pervious surface below, are not considered to be impervious) Existing Frame Shed = 103.46 = = TOTAL DECKS... ... ... ... ... ... ... ... ... ... 1,805.16 Other = = TOTAL OTHER... ... ... ... ... ... ... ... ... ... TOTAL IMPERVIOUS SURFACE 1.936.7 UNDER/OVER Prepared By Paul Fricovsky Date 160.29 8/15/02 Company James R. Hill, Inc. Phone # (952)-890-6044 EXISTING IMPERVIOUS SURFACE ATTACHMENT 5 BENCHMARK TOP NUT HYDRANT ~927.04 45-:00- __ 0 -- - 8LOC -- __0 4'''' ----6 -- PRIOR LAKE O.H. W.L. ~904.00 EXISTING WA lER ELEV AS OF JUNE 2~. 2002=900.7 FEET EDCl: IX CRAo;EL ROAO ~5.0~ ~ I r\"" A 'l,.V I ~t .......... ... GO o o ,,: try ..- ....0: 8~ ~8 If -8 .. ~a: 10- oz 0..... . ~i!: )J.lO o..~ II""&.('" lCI2UI '1 ~ lU t ..- .If) 0:> Jf> If) o Z 128.77 ---- -- -- -- -- PROPOSED HOUSE S('ALE: 1"=20' GROSS AREA: 5,921.36 LEGAL DESCRIPTION: LOT 5, POINT BEAUTIFUL ATTACHMENT 6 CITY OF PRIOR LAKE. Impervious Surface Calculations (To be Submitted with Building Permit Application) For All Properties Located in the Shoreland District (SD). The Maximum Impervious Surface Coverage Permitted in 30 Percent. Property Address: Lot 5. Point Beautiful- 15747 West Avenue NE (Proposed) Lot Area 5.921.36 Sq. Feet x 30% = 1,776.41 ******************************************************************************************** HOUSE LENGTH 50 WIDTH x 24 x x SQ. FEET = 1200 = ATIACHED GARAGE = TOTAL PRINCIPLE STRUCTURE... ... 1200 DETACHED BLDGS ( Garage/Shed) 12.33 x x 8.36 = 103.08 = TOTAL DETACHED BUILDINGS... ... 103.08 DRIVEWAY /P A VED AREAS (Driveway-paved or not) (Sidewalk/Parking Areas) Proposed driveway = West Ave NE encroach. = x = 421.47 121.85 TOTAL PAVED AREAS... ... ... ... ... ... 543.32 P ATlaS/PORCHES/DECKS (Open Decks 114 min. opening between boards. with a pervious surface below, are not considered to be impervious) = = = TOTAL DECKS ... ... ... ... ... ... ... ... ... ... Other = = TOTAL OTHER... ... ... ... ... ... ... ... ... ... TOTAL IMPERVIOUS SURFACE 1.846.4 UNDER/OVER Prepared By Paul Fricovsky Date 69.99 8/14/02 Company James R. Hill, Inc. Phone # (952)-890-6044 PROPOSED IMPERVIOUS SURFACE ; ~ ; <l<l<l<l ~ ~. ,-:.':~~ J i ,.;... , 'I c;..~:~~IQ;J' h.<~. i . =1~ ~1LL.1S;lM 06s.1.. "'.' ,,"" ; l<;;JOr<;;lllIl i' . N01~;r.,j ~1ND 1-I1~ON I ...., i I I I ________.J - - =c=~==\r u--l ),\~ I t! I ! I I I ________..J illll .I.XU" ~ k- <- o o u::: \:\ c (\j <- o o u::: c ~ 2, I II ~ C n:l (L Q.) IS' n:l L n:l o ;'--:--;-" ......~ :_~ l a_;~, .::= .:.. If) !- ~a IS iPi :::; ~U ~, GI, z~ 111 0: ~:il ~ ~ '" .f . "1.ll-. !; I U-e 11 ia:i I: a~'i!.j ~ '.=I-~. 1'1 J!~I!i1i s !i! d. ~~i"I~lli 'i, ,",I.1i ,S-I l.diMai!j 1:11 Un ii j~ I:! ,I :.il~ -; ~ 2 :i" l' '" ~ ! Jf elh ~ h! ~ PI :H t" 3 PROPOSED HOUSE FOOTPRINT i IrJ :1 _! ~__~n. / r---------------'----- : i I i i i i I i i i i I . . J / I I i i i I I I / i i i J------------ ~~---t u \f) ::l o :r: ~ ~ ::l IL r'---:-- _ ::l \ ~ \ v ~ \-!- " ~ - -+.-\ _,] \\S \ &J 1 ~ ! lc 5; ~ C-;:ll q ~ ,0-.01 c () \ \ \ i '. 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J r I , I . , PROPOSED HOUSE ELEVATIONS N t\ Location Map E Lakefli nt Park ~ m CIl -l ~ m 300 I o 300 600 Feet PRIOR LAKE O.H.W.L..90..~ AS OF EXISnNG. w2AOOTE~.~~.7 FEET .AJNE 2.... 55!;.._ ~ :--- tOO... _~ ~~ SIlOiii 'roc 01> ""'Cllt l;;-'--........ :--- _ 102.02 _ _ - 1_- -~ ~~ 10100 to2.521C --I< ~ IC _.31 OHWM 105.~- -( 904.0 CONTOUR IC ~ toUI , 105." ~ IC I04.Q - ~ - -=-- I AT L.VI -IT -, .0 I ~ , .sJ - EDGE or GIIAIoU ROAD .S.OO ~- ). - - I I I ... ~ g ,..: ,., ... .141 cO ~ 8 z --.............. -- 6) ---- -- APPLICA TIONS & APPLICA TION MA TERIALS L:\TEMPLA TE\FILEINFO.DOc Planning Case File No. &'2-- Ot'ttA"" Property Identification No. \u !:xl ZONING/LAND USE APPLICAtl~~---- -- I I 1-' '" "" :I,{ JLl6312 Ul I ' .rArNE SO ,'\ ! j@ 1\ i\\! - Brief des' _. 01 proposed project Type of Application (Please describe t~J nr d" ~J~~', or variance request. Attach additional sheets if necessary). 0 Amendment to Zoning Map D Amendment to Zoning Ordinance Text D Amendment to Comprehensive Plan Land Use Map 0 Conditional Use Permit 00 Variance 0 Planned Unit Development D Senior Care Overlay District D Home Occupation 0 Amendment or Modification to approved CUP or PUD D Other City of Prior Lake c: ._--;::-:-;-;~-\ -:; ~:-'. , ~'\ .~::l \...\......., :~ \1- :,: '\ 'l..::J -/ \ ... Applicant: Address: Telephone: (fax) Property Owners (if different than applicant): Address: Telephone: (home) Type of Ownership: 0 Fee a<:::;. o...bDve o (work) Contract for Deed o (fax) Purchase Agreement Legal Description of Property (Attach additional sheets if necessary): \ To the best of my knowledge the information provided in this application and other material submitted is correct. In addition, I have read the rei vant sections of the Prior Lake Ordinance and procedural guidelines, and understand that apPli~ not be pro sse~ until de med complete by the Planning Director or assignee. /;t; ,/ -- ? - ():2.. ApplIcant's Signa ure Date Fee Owner's Signature Date ADDITIONAL PROJECT INFORMA nON (Required for PUD, CUP and SC Overlay District applications) Will the developers request financial assistance from the City? o Yes o No If yes, please describe the amount and type of assistance requested (attach additional pages if necessary). Will anyone other than the applicant be involved in the ownership, development & management of this project? o Yes (If yes, please attach a list of the names and the role of all persons involved in the project.) 0 No I :\handouts\200 I handouts\zoninglzoning app.doc PROCEDURE FOR AN APPLICATION FOR A VARIANCE TO THE PROVISIONS OF THE ZONING ORDINANCE Overview: When a person wishes to maintain/build/construct a structure in a manner that does not comply with the requirements of the City's Zoning Ordinance, a variance is required. Specific requirements for property in each Zoning Use District are contained in the Zoning Ordinance. Section 1108.400 of the Code sets forth the procedure and requirements for the review of variance requests. The Code is available for review or purchase from the City's Planning Department. Pre-Application Procedure: Prior to submitting an application for a variance, applicants are encouraged to meet with the Planning Staff to discuss the following: . Zoning requirements that apply to the property. . Preliminary development or building plans for the property. . The specific criteria of the Zoning Ordinance applicable to the development or building plan. . Alternatives to the proposed development. . Variance procedures. If a decision is made to proceed after the advisory meeting or meetings, a formal application is made. Process: Within ten (10) business days of submission of the application, the applicant will receive formal, written notice from the City about whether the application is complete. Within 30 days of receipt of a complete application, the Planning Department will schedule a public hearing for review by the Board of Adjustment (Planning Commission). The Board of Adjustment must approve or deny the application within 120 days of receipt of a complete application. Timing: Public hearings are scheduled for the Board of Adjustment on the 2nd and 4th Mondays of each month. Complete applications must be submitted to the Planning Department at least thirty (30) days prior to the scheduled meeting to allow publication of hearing notice. The Planning Department will publish notices in the Prior Lake American and notify the applicant and other affected property owners of the date and time the proposal will be heard by the Planning Commission. Staff Report: The Planning Department will prepare a staff report which: 1) explains the request; 2) reviews the criteria for granting variances as contained in the Zoning Ordinance; and 3) provides a recommendation. Hearing: A public hearing will be held by the Board of Adjustment (Planning Commission). The Commission will review the staff report and hear from the applicant. Public testimony on the request will 1:\handouts\200l handouts\zoning\variance app.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNIlY EMPLOYER also be taken. The Board of Adjustment, after reviewing all of the information, will make a decision and may grant a variance from the strict application of the Zoning Ordinance provided that: 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 Code 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. 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. 3. The granting of the proposed Variance is necessary for the preservation and enjoyment of a substantial property right of the owner. 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. 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. 6. The granting of the proposed Variance will not be contrary to the intent of this Code and the Comprehensive Plan. 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. 8. The hardship results from the application of the provisions of this Code to the affected property and does not result from actions of the owners of the property. 9. Increased development or construction costs or economic hardship alone shall not be grounds for granting a Variance. Applicants are invited to use the overhead projector provided, and the exhibits prepared by Staff. Any additional exhibits submitted by the applicant (at the hearing or prior to the hearing) such as photographs, petitions, etc. must be entered into the public record and submitted to the Planning Department for the file. Appeal: The decision ofthe Board of Adjustment may be appealed to the City Council by submitting a letter to the City requesting an appeal within 5 working days of the Board of Adjustment hearing. The applicant, property owner or any affected owner or property within 350 feet of the site may appeal the decision of the Board of Adjustment. Appeals are considered by the City Council following a public hearing before the Council. Upon receipt ofan appeal, the Planning staffwill schedule a public hearing, publish notice of the hearing in the Prior Lake American, and notify owners of property within 350 feet of the site. Recordioe: If the variance or variances are approved, the applicant is responsible for recording a copy of the certified resolution at the Scott County Recorder's Office. The certified copy of the resolution must be stamped by the County Recorder as proof of recording and returned to the planning offices of the City of Prior Lake before the issuance of a building permit for the project. The applicant must provide proof 1:\handouts\200 1 handouts\zoning\variance app.doc Page 2 of recording to the city and received a building permit within one (1) year from the date of approval or the variance becomes null and void. APPLICATION INSTRUCTIONS . Application Fee: Check payable to the "City of Prior Lake". The filing fee is $150.00. . Signed Application: A completed application form signed by the owner or owners of the property. Include authorization from the property owner on the application form or by attached letter of authorization if an agent signs the application. . Application Checklist: The attached checklist identifies the necessary information. Failure to provide any of the required information will result in an incomplete application. The Application Checklist will expedite the review of your application. Attach the checklist with the application materials. 1: \handouts\200] handouts\zoning\variance app.doc Page 3 VARIANCE APPLICATION CHECKLIST PROPERTY ADDRESS DEVELOPER For City Use Only the applicant A complete Zoning/Land Use Application form, and the fee owner of the property. A radius map and a list and 2 sets of labels of the names and addresses of the owners of property located within 350' of the subject site These shall be obtained from and certified by an abstract company. 2. the existing and proposed The required filing fee of $150.00 A certificate of survey of the property showing development in relation to: Property lines Structures. both existing and proposed 3. 4 . . Topography Easements Ordinary High . where applicable Water Mark and bluff setbacks mpervious surface calculations and lot coverage calculations structures on adjacent lots . . . . 1 where setback averaging (10) full-scale copies of the 17" reduction of each sheet Setbacks for applies If the survey is larger than 11" by 17", ten survey and supporting data and one 11 "X must be provided. 5. Memorandum TO: All Applicants for Land Use Applications FROM: Jane Kansier, Planning Coordinator DATE: July 18, 2001 RE: Required Information for Notification Requirements Several Land Development Applications require published notice as well as mailed notice to nearby property owners. It is the applicant's responsibility to submit a list of the names and addresses of the property owners. This list must be prepared and certified by a certified abstract company. IN ORDER TO ENSURE PROPER NOTIFICATION, ALL PROPERTY OWNERS LISTS MUST BE ACCOMPANIED BY A MAP IDENTIFYING THE SUBJECT SITE AND THE REQUIRED NOTIFICATION RADIUS. THE MAP, AS WELL AS THE LIST, MUST BE ACCOMPANIED BY A STATEMENT CERTIFYING THE LIST HAS BEEN PREPARED BY A CERTIFIED ABSTRACT COMPANY. THE STATEMENT MUST BE SIGNED BY THE ABSTRACT COMPANY. Thank you for your attention to this matter. If you have any questions, please contact me at 447-4230. 1: \handouts\certl ist.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER CITY OF PRIOR LAKE 16200 EAGLE CREEK AVE SE PRIOR LAKE, MN 55372 (952) 447-4230, FAX (952) 447-4245 RECEIPT # 41653 1 () 7' DATE: \Jtd{1.Jo' D7 for the purpose of --~~~-'1'1 ! '';.:.' ~ 1./, . " ", I ;;~ , iJ. - V ~':./ ' , < .. f ,-. ;jL,"-'" !' dollars ---...--... '....; '-~ ! .....h'. ."l 'I' , ' I' " '-L"r.. r II , I J , '.'v" -"/- ........ '..' 1,,/'-" rI.J - . ,. ;~ ~("X___...., ......; , , . . \J $ j , \ SO \ (iV Invoice # , .'~ f'~\ / ." f' r '-/U Ii I ~ i !"t~,. \~;\ I 1 j\. . II '\l 'x? ~ \.. VI' ,0 ;.....L/,>:x_-- Receipt Clerk for the City of Prior Lake / ..I :- Mailing Information and Lists L:\TEMPLA TE\FILEINFO.DOC AFFIDAVIT OF SERVICE BY MAIL COUNTY OF SCOTI ) )ss STATE OF MINNESOTA) 6-JNI7-+fA klRCHOFF of the City of Prior Lake, County of Scott, State of Minnesota, being duly sworn, says on the \-al)'t day of SePr. ,2002, she served the attached list of persons to have an interest in the W Hi --r6" V AI""<1 AN CES , by mailing to them a copy thereof, enclosed in an envelope, postage prepaid, and be depositing same in the post office at Prior Lake, Minnesota, the last known address of the parties. Subscribed and sworn to be this _ day of ,2002. NOTARY PUBLIC L:\DEPTWORKIBLANKFRM\MAlLAFFD.OOC NOTICE OF PUBLIC HEARING TO CONSIDER VARIANCES FROM THE ZONING ORDINANCE FOR THE CONSTRUCTION OF A SINGLE FAMILY DWELLING 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 County Road 21 and Fish Point Road), on: Monday, September 23, 2002, at 6:30 p.m. or as soon thereafter as possible. REQUESTS: The applicant is requesting variances from the minimum 7,500 square foot lot area and 50 foot width required for nonconforming shoreland lots, minimum 75 foot shoreland setback, maximum 30 percent impervious surface coverage for shoreland lots, maximum 35 foot structure height, minimum floodplain elevation for vehicular access, and maximum 10 percent residential driveway slope for the construction of a single family dwelling. APPLICANT: Thomas Knight SUBJECT SITE: 15747 West Avenue SE, Prior Lake, MN, legally described as Lot 5, Point Beautiful, Scott County, Minnesota. 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- 9810 between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. The Planning Commission will accept oral and/or written comments. Oral or written' comments should relate to how the proposed construction and requested variances are or are not consistent with the Zoning Ordinance and variance hardship criteria. Prepared this yd day of September 2002. Cynthia Kirchoff, AICP, Planner City of Prior Lake Mailed to property owners within 350 feet of the subject site on September 12, 2002. L: \02FILES\02variances \02-09S\Mailed N otice.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER '_~~"""__' >,.___,__,__ ,,",_,~"'~'" _....._.__...._,~'",.__~___,...,.__.~~'___...,. .~,.~,___-.+' '" .'_,~ ...~. _"".~__~__~...'_,...," ~_---."".__~__~.~_.'...._M~..__....~.,.~._.,....",..._,,~._._~'~~~.~..__,,____.. Property ONners within 350' Knight Variance E Park ) 400 I o 400 Feet I ~ N .:'~~: c: ~ '.., ~2:: ~j S :;-~ ~ ':3 -".1 BURTON K & GEORGIANN OLSON 284135 AV S MINNEAPOLIS MN 55406 BRIAN L BURKART 15759 WEST AV S PRIOR LAKE MN 55372 CHARLES & MARY B SUNDER 15771 WEST AVE SE PRIOR LAKE MN 55372 CLARA A DANKO leG PO BOX 810490 DALLAS TX 75381 -..... - -. .-.., '"' .... ,- ... ,._, . 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" (Jl CD r ~ Property ONners within 350' Knight Variance E Park ) 400 I o 400 Feet I ~ N Steve Horsman From: Sent: To: Subject: McColl, Patti [PMccoll@co.scott.mn.us] Tuesday, August 06,20028:19 AM 'shorsman@cityofpriorlake.com' Tom Knight Radius Search Steve, This e-mail is to certify that our office did complete a radius search for Mr. Tom Knight on July 19, 2002. We provided Mr. Knight with a list of property owners within 350 feet of his parcel within the City of Prior Lake. If you have any questions, please contact me bye-mail or at 952-496-8350. Thank you. Patti McColl Scott County Planning Office 1 Scott County Community Development (952) 496-8353 \),U;rl ~ # 197682 19..JUL.2002 COMM DEV CUSTOMER KNIGHT, THOMAS Radius Search Minimum Fee Total for Fee 1@ 100.00ea 100.00 Receipt Total 100.00 Check 100.00 Payment Total 100.00 Change 0.00 TOf\\ r<(\~ht 500 ~ ~ 1-lQ-o.;) ~%9r\or~ @09tS Jasel BURTON K & GEORGlANN OLSON 284135 AV S MINNEAPOLIS MN 55406 BRIAN L BURKART 15759 WEST A V S PRIOR LAKE MN 55372 CHARLES & MARY B SUNDER 15771 WEST AVE SE PRIOR LAKE MN 55372 CLARA A DANKO leG PO BOX 810490 DALLAS TX 75381 @09tS JOJ aJeldwaJ aSn JANIS K BALLARD 500 CEDAR LANE CIR JORDAN MN 55352 ERIC D & JUDITH E ESTERGREN 15807 WEST A V SE PRIOR LAKE MN 55372 CARL R & WILMA H TAUTE 15825 WEST AVE SE PRIOR LAKE MN 55372 slaqel SSaJpp" @AU3l^Va CITY OF PRIOR LAKE CITY MANAGER 16200 EAGLE CREEK A V PRIOR LAKE MN 55372 THOMAS J KNIGHT 15757 WEST AVE SE PRIOR LAKE MN 55372 EUGENE M & SANDRA L TOFANELLI 15857 WEST AVE SE PRIOR LAKE MN 55372 vusJaa4S paa:l 4JOOWS BURTON K & GEORGIANN OLSON 2841 35 A V S MINNEAPOLIS MN 55406 JANIS K BALLARD 500 CEDAR LANE CIR JORDAN MN 55352 BRIAN L BURKART 15759 WEST A V S PRIOR LAKE MN 55372 ERIC D & JUDITH E ESTERGREN 15807 WEST A V SE PRIOR LAKE MN 55372 CHARLES & MARY B SUNDER 15771 WEST AVE SE PRIOR LAKE MN 55372 CARL R & WILMA H T AUTE 15825 WEST AVE SE PRIOR LAKE MN 55372 CLARA A DANKO leG PO BOX 810490 DALLAS TX 75381 I certify that theM names were mailed Public 11__ NotioII on proi/ I r1 0 d for: +J~~~~\ on 1-/0-{B SignI1IIOI:(~l' YnC(OjD,. ~ (b DIM: ??- - CITY OF PRIOR LAKE CITY MANAGER 16200 EAGLE CREEK A V PRIOR LAKE MN 55372 THOMAS J KNIGHT 15757 WEST AVE SE PRIOR LAKE MN 55372 EUGENE M & SANDRA L TOFANELLI 15857 WEST AVE SE PRIOR LAKE MN 55372 PROPOSED HOUSE BENCHMARK TOP NUT HYDRANT ELEV-927.04 ~ 45-:00-- -- Q -- - 8 __ OlDe 2.7 __ -0- N --~ -- S;;.._ PllO... PRIOR LAKE O.H.W.L.-904.00 EXISTING WA lER ELEV AS or .AJNE 2~. 2002..900.7 rEET - [oct or CAA\,(l ~OAO .5.00 - '. II"'.T .::: II"'.T A '-l:: . '-' I ~ t ......... lo.I ., o o ,.....: I") - "'0: 8~ ~~ If -8 '" Co: / - ~~)O <<~JJ-" Lu 11.<( ~ "121." 7 ~ w . - I{) Co r> I{) o 2: 121.77 ---- -- -- -- -- SCALE: 1"=20' GROSS AREA: 5,921.36 LEGAL DESCRIPTION: LOT 5, POINT BEAUTIFUL oU\.t B/'uD JO:J- U1L CITY OF PRIOR LAKE ORC PROJECT REVIEW CHECKLIST PROJECT NAME: KNIGHT VARIANCE (Case File #02-095) An application for variances from the minimum 7,500 square foot lot area and 50 foot lot width for nonconforming shoreland lots, the minimum 75 foot Shoreland setback, the maximum 30 percent impervious surface coverage for shoreland lots, the maximum 35 foot structure height, and maximum 10 percent residential driveway slope for the construction of a single family dwelling on Lot 6, Point Beautiful APPLICANT: Thomas Knight CONTACT PERSON: Thomas Knight (952) 440-3984 SITE INFORMATION PID#: 25-041-003-0 LOCATION: 15747 West Avenue SE EXISTING ZONING: R-1SD COMPREHENSIVE PLAN: R-UMD PROJECT REQUEST: Review and comment on variance application. DISTRIBUTE TO: D APPLICATION FOR: . Frank Boyles . Bud Osmundson Administrative Land Division Sue Walsh . Sue McDermott Comprehensive Plan Amend. Ralph Teschner Conditional Use Permit Chris Esser Fire Chief Home Occupation . Bob Hutchins Bill O'Rourke Rezoning . Don Rye Site Plan . Jane Kansier Preliminary Plat PUD . DNR - Pat Lynch Minnegasco Final Plat County Hwy. Dept. Watershed Dist. . Variance MNDOT Telephone Co. Vacation SMDC Electric Co. Mediacom Cable Met. Council Date Received 7/26/02 Date Distributed 8/30/02 Date Due 9/12/02 Complete Application 8/22/02 Date Distributed to 8/30/02 ORe Meeting NA Date ORe Publication Date 9/7/02 Tentative PC Date 9/23/02 Tentative CC NA Date 60 Day Review Date 10/21/02 Review Extension 12/20/02 1:\02files\02variances\02-095\referral.doc Page 1 I have reviewed the attached proposed request (Kniaht Variance) for the following: Water City Code Grading Sewer Storm Water Signs Zoning Flood Plain County Road Access Parks Natural Features Legal Issues Assessment Electric Roads/Access Policy Septic System Gas Building Code Erosion Control Other Recommendation: Approval Denial Conditional Approval Comments: Signed: Date: Please return any comments by Thursdav. September 12, 2002, to Cynthia Kirchoff City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (952) 447-9813 Fax: (952) 447-4245 e-mail: ckirchoff@cityofpriorlake.com 1:\02files\02variances\02-095\referral.doc Page 2