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HomeMy WebLinkAboutVA94-11 Bohlen Variance . ) rn@ rn U\Yl rn ,'\\ APR 2) 1994 ~\ ~'.!:f OF PRIOR LAK& . . .j A'~~~~ ~;=1t:/~~~' ~ \ /?o/~_ Property Owner: ~... J /~ Address:.JI~~ -~ ~ ~'" A.} .,<~ Type of Ownership: Fee X-- Contractff Consul tant/Contractor: VA!Ei- / / PID#~S- 9~~II-J Home Phone: -;(~~-z'8~ l? Work Phone: ~&8'- ( S-~s..- Home Phone: Work Phone: ?.s-~ft 5..s- Purchase Agreement Phone: Existing Use // LJ I / of Property: ~ Present Zoning: /f"rl~-/ Legal Description /J /l ~:' _ /J /J 'SjP of Variance Site: ~~1.. ~~. _~ ' J . Variance Requested:_ ~./ _ q ,!,,~ Has the applicant previously sought to plat, rezone, obtain a variance or conditional use pemit on the subject site or any part of it? .V Yes R> What was r~ested: ~ When:" ?'-~ ~ -q 2- Disposition: Describe the type of improvements proposed: ~ .~bl>1ISSION REOUIREle1ENrS: (A)Canpleted application fom. (B)Filing fee. (C)Property SUrvey indicating the proposed developnent in relation to property lines and/or ordinary-high-water mark; proposed building elevations and drainage plan. (D)Certified fran abstract fim, names and addresses of property owners within 100 feet of the exterior boundaries of the subject property. (E)Canplete legal description & Property Identification Nlm1ber (PID). (F)Deed restrictions or private covenants, if applicable. (G)A parcel map at 1"-20'-50' showing: The site developnent plan, buildings: parking, loading, access, surface drainage, landscaping and utility service. ONLY COMPL~ APPLICATIONS SJALL BE ACCu-nv AND REVIEWED BY '.L"l1~ PLANNIro (!)!MISSION. To the best of ~ knowledge the infor:mation presented on this fom is correct. In addition, I have read Section 7.6 of the Prior Lake Zo ing Ordinance which specifies requiranents for variance procedures. I agree to pr de informati~ fOll"" the procedures as outlined in the Ordinance. Q_~ /t'J~ /h/)J.~'J. tiLL App1i s Signature .~ SUbmitted thi~ day of ~-. 19...Lf "^ ~~ Fee ers Signature / THIS SPACE IS ro BE FILLED OUT BY THE PLANNIro DI~.l.vR PLANNING a:Mo1ISSION /' APPROVED DENIED _ ~ - Jq ~qc..f ~ OF HFARING CITY COIDOL APPEAL V APPROVED DENIED ~/'Cf'f Dl\TE OF HEARING amoIJ:;J;%~1 ~ ~..- S1f IY/f'i!-rI#. ~ 5-11- t?y 1annl __ JJutl.i2 /J'PItZ1. t J I 'f. l) 1\ J I (/ . JJJ\JA(JJJ1JM 'S-d/)-q~ Signature or the Planning Director Date ' VARIANCE CHECK LIST "VARFM" SUBJECT SITE: J. <)/rf1fAI\ :}~ APPLICANT: ~6IJ6M!ul SCHEDULE HEARING DATE: DNR NOTICE IF SHORELAND: PREPARE AREA MAP: APPLICANT NOTICE: PRO~~~TY OWNERS NOTICE: NOTICE TO DOUG - ENGINEERING NOTIFY OTHERS: Scott County Watershed District CHECK ~ ~ v- (.....- ~ COMMISSION AGENDA PA~~TS: Staff Memo Application Form Copy of Public Notice STAFF ACTIVITIES MAIL COPY OF APPLICATION AND REQUIRED CONDITIONS TO APPLICANT: MAIL COpy OF APPLICATION AND CONDITIONS TO DNR: GIVE COPY OF APPLICAITON AND CONDITIONS TO SLO. INSPECTOR ASSIGN FILE NUMBER: AMEND VARIANCE SUMMARY SHEET: ADD PERMIT TO PROPERTY MGMT: FILE BY: File t: Legal: FILE SHOULD CONTAIN: Staff Memo original Ap~lication Copy of Not~ce to Owners Planning C\,;MLMa. Minutes Other Information VA ~ v- ~ t/ V- ~ Applicant: Address: DATE TASK COMPLETED 5- (9- fef @ 7 rci-(J 5- 9- 9</ ~- / I - CfC/ s-//-qt.( -<-- q~qC/ &II uvl' Other Applicable Maps Copy of Parcel Info. Other Applicable Info. 5-~ $--- ~ 6-;;LRJ J/A-rJ4-// $-~ ~dV Applicable Maps and Documents Copy of Public Notice correspondence Council Minutes if Applicable MEMO TO: FROM: RE: DATE: FINANCE DEPARTMENT DEB GARROSS REFUND OF APPLICATION FEES FOR HAROLD BOHLEN SEPTEMBER 27, 1994 On June 6, 1994, the City Council approved a refund of $75.00 dollars for Harold Bohlen. The applicant filed forms and fees for a variance application. The Council made a motion to waive the valiance application fee as per attached minutes. Please take the steps necessal'y to refund the following fees to Harold Bohlen: I. $ 75.00 valiance application fee. The check should be mailed to: Hal'old Bohlen 13380 Hickory Avenue Prior Lake, MN 55372 Thanks! \// ',.) 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER l'J f__~ '. N--l , , " . n~) ~. . I "-' ....~ ;.... "'5l ~.... ~! I g" rZ.OON, 3,,_ ;'-911-_-t, .Ii-' , , I ~: . , ~... -lSl '" f1.~ Cll O!: u C- O o ~ Ii 3 rr 60.e.oN ,1 !:-o'O/.6Z--- ___,' , , 'J g: ~ ~ 1. " \ t!:3 Iii) I I :'u ft,;.. =.. ; ~:; 2 iii ': ~ on '" o ~ ... '" :...1 ";'=.0 ':; Cl\o.. ...- ~ ......... ~. r -;-il; lfll.. ::: .. / ~\ ....'.....0. ... ....... I _ -L"'~ ..~..... ~H...>t- ~. " . ~ ~~i.::..~ ~ ::-"" ;:.< f';: ~/------...'<".'O._ ~~.;. .,6 /' 7/~1/J. 3)f~7 3)fld .:10 J .0:>..0 ",cP..,- c. i ~ o \ - --- (' (J " , I;l , . '"- c~, '- l l; I !: a .. -'......... ':........ a ---d ~ ~ Lf MINUTES OF THE CITY COUNCIL Monday, August 1, 1994 1. CALL TO ORDER - Mayor Andren called the meeting of the Common Council to order on Monday, August 1, 1994 at 7:30 p.m. in the City Council Chambers. Present were: Mayor Andren, Councilmembers, Greenfield, Scott and Schenck, City Manager Boyles, Assistant City Manager Carlson, Public Works Director Anderson, Assistant Planning Director Garross, Associate Planner Mitchell, Parks Director Mangan, Recreation Supervisor Woodson, Planning Consultant Trememre, Attorney Kessel and Recording Secretary Birch, Councilmember Kedrowski was absent. 2. PLEDGE OF ALLEGIANCE - Mayor Andren led the Pledge of Allegiance and welcomed everyone to the meeting. 3. CONSIDER APPROVAL OF MINUTES OF PREVIOUS MEETING - The following amendments were made to the minutes: Page 2, second paragraph, last sentence: the word "bridging" should be capitalized as it a Rotary organization. Page 3 first sentence: "percentage rate of the assessments were approximately 52 V2 %. Page 4, paragraph 6, second sentence: "Councilmembers inquired whether or not a master plan had been completed". The sentence should have read: "Councilmembers inquired as to whether or not a master plan for .l-akefront Park had been completed. II Page 5, paragraph 6 - City Manager Boyles clarified the motion with regard to $52,000 funding for the construction of stamped concrete medians at the intersections of County Road 18, Crest Avenue and County Road 42 that it is to be drawn from MSA funds. Page 5, last paragraph: should be amended as follows: The Council discussed street lighting for County Road 21. City Manager Boyles stated that the following be added to the sentence. "is to remain as presently contemplated". MOTION BY,SCOTT, SECONDED BY GREENFIELD, TO APPROVE THE JULY 18,1994 COUNCIL MINUTES AS AMENDED. Upon a vote taken, yeas by Andren, Greenfield, Scott and Schenck, the motion carried. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN WAL OPPORTUNIlY EMPLOYER DESCRIPTION. That put at the South Half ot the South Half ot the Northea.t Quart.r ot Seotion 2.3. Town.hip 115. Rang. 22. Soott Coun~t M1nna.ota d.sar1bed .. tollow.. Comm.noins at the .outh...t OOrn.~ of said South Halt of the South Halt ot the Northea.t Quarlerl thenoe North 89 deS1:e.. 41 minute. 06 ..oond. w..t (a..umed b..rioa) alona the .outh line ot .aid South Halt of the South HalE of the NOl;'tha..t Quart.el;' a d1stanoe ot 761.10 feet 'to the point ot beaiMine of the land to b. de.ori bed. theno. North 04 daar.e. og minute. " ..oond. E..t a di.tano. of 297.00 t.e'tl thenoe North 86 d..,..... 27 minute. '7 .eoonci. W..t . d1.tanoe ot '90.10 t..t. th.naa North 00 deSl"... 2' minute. 45 ..oond. Ea.t a distana. ot 118.11 feet. thenoe Narth 89 dear.e. '6 minut.. l' ..aond. W..t a di.tano. ot 700.24 t..t more oX' 1... to the aentel:lin. ot Pike Lake Trail, th.na. 80uthke.t.rlt alons .aid aenterline to 1t. lntel;'..otion with .aid aouth lin. ot the South Half ot the South Half ot the Northea.t Quarl.r, th.na. ea.t.r1.-Y alona 8aideouth llne a di.tanoe ot 112'.94 teet to the pOint ot beg1nnina. Containing 10.00 aor.. "VA11C2" CONSENT: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: ALTERNATIVES: ACTION REQUIRED: REVIEWED BY: STAFF AGENDA REPORT 4 (b) DEB GAR ROSS, ASSISTANT CITY PLANNER CONSIDER AGREEMENTS FOR HAROLD BOHLEN AND RAMONA WHIPPS AUGUST 1, 1994 The purpose of this item is to consider the attached agreements for Harold Bohlen and Ramona Whipps. On June 6, 1994 the City Council approved an agreement limiting one building permit to the 26 acre subject site located south of Hickory Avenue and east of Pike Lake Trail. See attached Planning Report dated June 6, 1994 for reference to the previous City Council Action. After the Council meeting, staff was contacted by Mr. Bohlen who requested that two separate agreements be prepared because Ramona Whipps is a separate fee owner of 10 acres of the 26 acre site. City Attorney, Glenn Kessel drafted the attached agreements which have been signed by each respective property owner. It was Mr. Kessel's opinion that the agreements should be placed on the City Council consent agenda for approval. Please note, there have been no changes to the conditions within the documents. The only difference is that each contains the proper legal description for the appropriate property owner's parcel. 1. Approve the agreements as requested. A motion as part of the consent agenda to approve the attached agreements. //;:;l <- \ ; () {\ .,./ ,/It jj: w~t// ~ Frank"B"OU ~nager n 4629 Dakota St. S.E., Prior Lake, Minnesota 553?.?:1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER w o z <( - a:: go , ~ ~ '-I Z ~I I ~i.&J I 1_- _~ t , nJ i' t. -"j ~ :' ~ .~...J c'- ". I: ., " ~' il '. , [ i ~ ~ ~~ .. j:rJ-r. ,I L' ~~ .,,~, u-. II I" -' I . ~_____~ ____' I '1--' I ." oi - ! : II ~ fl' - ~_-J.--.. 1 r-.:-:.. UiC,J? \ i\ il"'""['''' - n: -.-j -----i- , ! t.. J I . I t--. ,i ,i I I ,__ I ! -"- I , I I I , ~ f~ " ~I ,:' ': \ _J:;:: \ ""\./1 . \ \ l____--._EJ ~ I I~ '<< -. ~ . ~ \, ._. .-- ...- /-. ~ ~a: o / L- ~"""'\ ~ _J I' \. ... \ --- lANE --- "2 ~ Z ~I - W <) VI i \ J ~~ ?2~ 0- (.J-"i~, ~~ J; ': ~ & I , - __ ..J .0 . .0 '" N If') N J- ,,'CKOIt '( ~ -I) c ~ ~ \, c:._,,,\-~ - - \fJ 'r- ........."..-.:. ~ -r () .") Q d ~ 0 '::- I - .,,~, ._,.. - vJ '0 - 1 <: ({) '-- ?:: C'.\ ~ 0-- <s- ':& to r:L -(j " :$= \'D C6 <:t: ~ N ~ ------ ~ ...J m - 3;;y 1<1 L. ~~-r. ---. -- , - o Prior Lake City Council Minutes June 6, 1994 @) Consider Approval of Agreement With Harold Bohlen to Restrict Building Permit To a Ten Acre Tract in Section 23. City Manager Boyles pointed out to the Council that the reason this item is before the Council again is because the original approval expired and must be approved again. Assistant Planner, Deb Garross clarified that the there are only two owners Mr, and Mrs. Whipps, and Mr, and Mrs. Bohlen. The agreement has been amended to accurately reflect who the property owners are by removing Darrel and Robyn Sibbet from the signature page of the Agreement. * MOTION BY GREENFIELD, SECONDED BY SCOTT, TO APPROVE AGREEMENT WITH HAROLD BOHLEN TO RESTRICT BUilDING PERMIT TO A TEN ACRE TRACT IN SECTION 23 AS AMENDED, Upon a vote taken, yeas by Andren, Greenfield, Scott and Schenck, the motion passed. c. Consider Approval of Waiving Variance Application Fee for Harold Bohlen. MOTION BY GREENFIELD, SECONDED BY SCOTT, TO APPROVE WAIVING OF VARIANCE APPLICATION FEE FOR HAROLD BOHLEN. Upon a vote taken, yeas by Andren, Greenfield, Scott and Schenck, the motion passed. 5, PRESENTATIONS - There were no presentations 6, PUBLIC HEARINGS: - 7:45 p.m. A. Assessment Hearing on Prior South Street Improvement Project 94-01 and Consider Approval of Resolution 94-29, Mayor Andren called the meeting to order to consider the proposed assessments for the Prior South public improvements and read the legal notice for the hearing. City Manager Boyles pointed out that the Council would be taking no action until July 5, 1994 to afford the City an opportunity to publish a second notice for the hearing which includes Sand Point Beach Parking Lot improvements and bituminous sealcoating. The latter two projects are not assessed. -2- CONSENT: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: DISCUSSION: STAFF AGENDA REPORT 4 (b) and (c) DEB GAR ROSS, ASSISTANT CITY PLANNER CONSIDER AGREEMENT AND REFUND OF VARIANCE APPLICATION FEE FOR HAROLD BOHLEN JUNE 6, 1994 The purpose of this item is to consider the attached agreement and request by Harold Bohlen of 13380 Hickory Avenue, Prior Lake, to refund the $75.00 dollar variance application fee. Mr. Bohlen applied for and received a variance to allow one additional home to be built on a 26 acre parcel located east of Pike Lake Trail and south of the plat of Titus 1 st Addition. See attached Planning Report and Planning Commission minutes dated May 19, 1994 for details. The specific variance was to allow one additional unit over the maximum, 4 per quarter/quarter (40 acre) section within the Rural Service Area. The variance was granted by the City Council on November 2, 1992 subject to the condition that the applicant file an agreement with the City that he would not seek additional building permits for the property until it is included in the Urban Service Area. (The year 2000 Comprehensive Plan indicates that the property is approximately 1/2 mile outside of the Urban Service Area). The Zoning Ordinance stipulates that a variance application is valid for one year. Mr. Bohlen was notified by staff, of the pending expiration of the variance application by letter on July 1, 1993. In March, 1994 staff was contacted by Ramona Whipps, who had a purchase agreement for part of the subject site. She was advised that the variance had expired as of November 1993 because the agreement, (condition of approval for the variance), had not been filed. Staff was later contacted by Mr. Bohlen who stated that he had faxed a copy of the agreement to the City prior to the expiration date. The City Attorney, nor staff have a record of receipt of the agreement. Mr. Bohlen was advised, after consultation with the City Attorney, that he should re-apply for the variance. The applicant applied for and received a Rural Service Area density variance by the Planning Commission on May 19, 1994, subject to the attached facts and findings. Please note that item #8 requires the execution of an agreement with the City specifying the location of the building permit and stating that no additional permits will be requested for the balance of the property until municipal sewer and water is available to the site. City Attorney, Glenn Kessel prepared the attached agreement which when executed and filed with Scott County, will satisfy the condition placed on the variance approval. In addition to Council approval of the 4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPdRTUNITY EMPLOYER ALTERNATIVES: ACTION REQUIRED: REVIEWED BY: agreement, the applicant requests refund of the $75.00 variance application fee, 1. 2. Approve the agreement and fee refund as requested. Approve the agreement, but deny the $75.00 refund request. A motion as part of the consenrnda to approve one or both of the two items. 1~J~,~~ Frank BOYI~ ~nager -2- 'V AllPC- fUNNING REPORT PRESENTER: PUBLIC HEARING DATE: 1 CONSIDER VARIANCE APPLICATION FOR HAROLD BOHLEN DEB GARROSS, ASSISTANT CITY PLANNER _YES ---X-NO MAY 19, 1994 AGENDA ITEM: SUBJECT: INTRODUCTION: The Planning Department has received a variance application from Harold Bohlen of 13380 Hickory Avenue, Prior Lake. The applicant specifically requests a variance from Zoning Ordinance, Section 4.1M to allow 5 dwelling units per quarter/quarter section of the subject site. See attached legal description and maps for reference to the site location. DISCUSSION: The attached Planning Report dated September 17, 1992 outlines a variance granted to Mr. Bohlen by the Planning Commission in September, 1992. At that time, the applicant was requesting approval of four additional units above the four permitted per quarter/quarter section in which the subject site is located. The Planning Commission denied his request but granted one additional unit subject to the facts and findings listed in the minutes of the October 15, 1992 Planning Commission meeting. The applicant appealed the decision of the Planning Commission to the City Council. See attached City Council agenda report dated November 2, 1992. The City Council affirmed the decision and facts and findings of the Planning Commission to grant one additional unit to the subject site. A variance application is valid for one year following its issuance by the Planning Commission, and in this case, the City Council. The variance expired in November, 1993. Mr. Bohlen is requesting that the same variance granted by the City Council in November, 1992 be granted as per this application. No changes have occurred in the Zoning Ordinance or the district in which the subject site is located, since the 1992 variance approval which would negatively affect this application. ALTERNATIVES;, 1. Approve the variance as requested. 2. Table or continue the item for specific purposes. 3. Deny the application finding no demonstrated hardship. RECOMMENDATION: Alternative #1 subject to the condition that the applicant file and record an agreement with the City of Prior Lake restricting the issuance of additional building pennits for any residential units on the 26 acres until public sewer and water is available. The one additional residential unit 4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER granted under this permit shall be restricted to the 10 acre subject site indicated by the attached survey. The agreement must be reviewed and accepted by the City Attorney prior to filing with Scott County. FACTS AND FINDINGS FOR GRANTING THE AGRICULTURAL DENSITY VARIANCE: 1. Approximately one half of the two subject quarter/quarter sections were previously platted into 2 to 3 acre lots under the jurisdiction of Eagle Creek Township. 2. As a result of the previous platting the subject quarter/quarter sections are urban in character and zoned R-l and C-l to reflect higher residential density and environmentally sensitive lands. 3. The applicant's parcel consists of 26 acres, of which 10 acres will be the site of the additional residential unit. The 10 acre site is legally described as per attached survey and legal description. 4. The subject property is a residual piece of property in two urbanized quarter/quarter sections. It is adjacent to the City of Shakopee which provides for a greater density in their rural service area. 5. The proposed lot size of 10 acres is consistent with the 4 per 40 acres concept found in the Comprehensive Plan and Zoning Ordinance. 6. The neighborhood was supportive of one additional residential unit in the 1992 variance application. 7. Because of the unique circumstances, the variance is a reasonable deviation of Prior Lake's Zoning Law, promotes fairness and equity, and is not contrary to the general health and welfare of the community. 8. The applicant has agreed to execute and record an agreement with Prior Lake restricting the issuance of additional building permits for any residential units on the 26 acres until public sewer and water is available. The applicant further agrees to restrict the location of the one additional residential unit granted under this permit to that part of the 26 acres lying east of Pike Lake Trail in the South half of the Southwest Quarter of the Northeast Quarter, all in Section 23, Township 115, Range 22, Scott County, Minnesota. PIANNINGCOMMlSSION MINUfES May 19, 1994 The May 19, 1994, Planning CUHJu..;ssion Meeting was called to order by Chairman Arnold at 7:30 PM. Those present were CuuJJ....;ssioners Roseth, Arnold, Loftus, Vonhof, Director of Planning Horst Graser, Assistant City Planner Deb Garross, Associate Planner Gina Mitchell, and Su...dary Rita Schewe. REVIEWMINlJ'I'FS OF ... .fUI.VIOUS l\-~.ll.JG MOTIONBYR<R>blt1, SECOND BY VONHOF, TOAY~KOVETHEMlNUIES AS WR.J.llbN. Vote taken signified ayes by Roseth, Vonhof, Kuykendall, Loftus, and Arnold. MOTION CARRIED. llJi.ldI. VARIANCE. HAROLDBOIILEN Harold Bohlen, 13380 Hickory Avenue, stated he was granted a variance for his p.v}A:i.lj over a year ago but that variance had since expired. Mt: Bohlen also stated that he has sold 10 acres of his }'.upeIty and is now requesting the same variance to allow 5 dwelling units per quarter/quarter section of the subject site. Deb Garross, Assistant City Planner, presented the inIuuuation as per planning report of May 19, 1994. In 1992, the applicant applied for a variances requesting app.uval of four additional units above the four permitted per quarter/quarter section in which the subject site is located. The Planning CuuJJ....;ssion denied his request but granted one additional unit subject to the facts and finds as listed in the Planning ClJHJu..;ssion minutes of October 15, 1992. The applicant appealed that decision to the City Council and they afftrmed the decision and facts and findings of the Planning CvuJJ....;ssion. A variance application is valid for one year following issuance which in this case eAp~vd in November of 1993. Mt: Bohlen is requesting the same variance granted by the Council in 1992. No changes have occurred in the Zoning Ordinance or the district in which the subject is located since the 1992 variance appluval that would negatively affect this application. RecuuJJ.u;"..dation fW111 Staff is to app.uve the variance as requested subject to the condition that the applicant file and record an agreement with the City of Prior Lake restricting the issuance of additional building }A:imdts for any residential units on the 26 acres until public sewer and water is available. The one additional residential unit granted under this pennit shall be restricted to the 10 acre subject site. The agreement must be reviewed and accepted by the City Attorney prior to filing with Scott County. CUUJJ.u;"..~ ilU111 the Cuu......;ssioners were; acres remaining, reason for reapplication of variance and in view of past action there were no further CUUJJ.u;"..6. MOTION BY LUt<lUS, SECOND BY VONHOF, TO APPROVE A VARIANCE FROM ZONING ORDINANCE SECIlON 4.1M TO AILOW FIVE (5) DWFlllNG UNITS PER QUAKlbK!QUAKlbK SECTION BASED ON THE FACTS AND FINDINGS AS LISnv IN THE PLANNING REPORI' OF MAY 19,1994, ANDCONI1NGENTUPON l1bM#8. PLANNING COMMISSION May 19, 1994 Page 1 Vote taken signified ayes by Loftus, Vonhof, RQC)eth, Kuykendall, and Arnold. MOTION CARRIED. Discussion followed on Bylaws, meeting schedules, and time changes until the next scheduled agenda item. llJi.lvlll- VARIANCE-DAVIDANDLIZNORLIN(y David Norling, 15239 Fairbanks Trail, stated they are requesting a variance to rebuild a deck that is deteriorating to the point of being unsafe as part of the deck has fallen off. Mt: Norling would like to build a 4' x 22.5' walkway, a 17.5' x 14' deck, and a future 14'x 14' four season porch addition. After having a survey done it was found the stairs had encroached on the adjoining lot Gina Mitchell, Associate Planner presented the infonnation as per planning report of May 19, 1994. The request is for a 9 foot south sideyard variance and a 15 foot lakeshore variance. The subject site is a 50' substandard lot and was platted under the jurisdiction of a previous governing body. The }UVl-'V~ construction would not encroach onto the adjacent }'~vi^'~lj as is now the case. Cvullu:uls fromDNR were to place the sidewalk on the north side of house or reduce the 9 foot south side variance. CVUll~';'Uts [lvUl the Cvull~..;ssioners were; walkway dimensions, future expansion, alternative location for walkway to decrease variance, safe ingress and egress into the house, floor plan described, decrease 9 foot variance to 5 foot, and precedent has been set There are alternatives to access the deck that do not require a 9 foot sideyard variance such as: relocation of the stairway, walkway, and installation of a remaining wall and platform, not requiring variances. MOTION BY VONHOF, SECOND BY KUYKENDAlL, TO MrKOVE A t'll<lbhN (15) FOOT LAKFSHORE VARIANCE FROM THE 75 FOOT LAKFSHORE SbltlACK REQUIREMFNT AND A FIVE (5) FOOT SOUIH SIDE YARD VARIANCE FROM THE TEN (10) FOOT SIDEYARD :SbltlACK REQUIREMFNT t'UK Lar 4, MAPLE PARK SHORE ACRES, 15239 FAIRBANKS TRAll., NE. RATIONAL tlhlNG THE Lar IS A SUBSTANDARD Lar OF RECORD, PREcbLJENT HAS BEEN :Sbl; HARDSIDP IS CAU:SbLJ BY THE APPUCATION OF CURRENT ZONING REGULATIONS AND Nar THE ACTIONS OF THE PROrbKl i OWNER, THE EXISTING SlRUcruRE IS :SbltlACK FIVE (5) t'bbl FROM THE SOUIH SIDE Lar LINE, AND WOULD Nar BE DblI<IMFNTAL TO THE HEALTH AND WFl.FARE OF THE NEIGHBORHOOD. Vote taken signified ayes by by Vonhof, Kuykendall, Roseth, Arnold, and Loftus. MUllUN CARRIED. llJ!.lvlill - VARIANCE- LA"J'Ui.t~CEHARIMAN Lawrence H<u;"uan, 3582 Basswood Circle SW, stated he is requesting a iivui. yard variance in order to build a rambler type home on the adjacent lot This is to be a retirement home and as his wife is handicapped it needs to be accessible for her. Gina Mitchell, Associate Planner, presented the infvuuation as planning report of May 19, 1994. The variance requested is a 6 foot north ilvui. yard variance ,~iVUl the 25 foot front yard setback requirement The requested variance would allow the l-'~vpv~ home to be set back along a similar visual line as the homes on the adjacent p~vi^'~Ges. Due to the City's street construction project the applicant has a larger boulevard than mait of the homes and the variance would not be noticeable. The l-'~Vl-'U~ is reasonable under the circumstances, it obselVes the character of the area and would not be detrimental to the health and welfare of the comnumity. CUullu:...~b flvUl the Cvum..;ssioners were on; replacement of trees that are lost, setback averaging, and all were in consensus of the application. MOTION BY RCksbltI, SECOND BY VONHOF, TO APPROVE A SIX (6) FOOT NORI'H FRON!' YARD VARIANCE FROM THE TWFNTY-FIVE (25) FOOT FRON!' YARD :SbltlACK PLANNING COMMISSION May 19, 1994 Page 2 'VAllPN" NOTICE OF HEARING FOR VARIANCE You are hereby notified that the Prior Lake Planning Commission will hold a hearing in the City Council Chambers located at City Hall, 4629 Dakota Street S.E. on: Thursday, May 19, 1994 at 7:30 p,m. APPLICANT: Harold Bohlen 13380 Hickory Avenue, Prior Lake. SUBJECT SITE: Approximately 26 acres of land located east of Pike Lake Trail and South of Hickory Avenue. The site is located in the SW 1/4 of SW 1/4 of the NE 1/4 of Section 23. See attached map for reference. REQUEST: The applicant requests a variance from the Prior Lake City Zoning Ordinance to develop one, ten acre, lot. The Zoning Ordinance permits 4 single family homes per quarter/quarter section (40 acres). There are currently 4 homes within the subject quarter/quarter section. The applicant requests a variance from Section 4.1M to allow 1 additional unit for a total of 5 dwelling units for the quarter/quarter section. If you are interested in this issue, you should attend the hearing. The Planning Commission will accept oral and/or written comments. Questions related to this hearing should be directed to the Prior Lake Planning Department by calling 447-4230 between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. Prior Lake Planning Commission Date Mailed: May 11, 1994 4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER q tJlI//1/10/1 NEW ABSTRACTS CONTINUATIONS CLOSING SERVICE REGISTERED PROPERTY ABSTRACTS TITLE INSURANCE RECORDING SERVICE SCO I I COUNTY ABSTRACT AND TITLE, INC. 223 HOLMES STREET. P.O. BOX 300 SHAKOPEE, MINNESOTA 55379 David Moonen and Dale Kutter Kerry Meagher, General Counsel TELEPHONE: (612) 445-6246 FAX: (612) 445.0229 April 22. 1994 ~Harold Bohlen ~ ~3380 Hickory Avenue Prior Lake, MN 55372 To Whom it may concern: According to the 1994 tax records in the Scott County Treasurer's office. the following persons are listed as the owners of property which lies within 100 feet of the following described property: That part of the South Half of the South Half of the Northeast Quarter of Section 23, Township 115, Range 22, Scott County, Minnesota, described as follows: Commencing at the southeast corner of said South Half of the South Half of the Northeast Quarter; thence north 89 degrees 41 minutes 06 seconds west (assumed bearing) along the south line of said South Half of the South Half of the Northeast Quarter a distance of 761.10 feet to the point of beginning of the tract of land to be described; thence north 04 degrees 09 minutes 33 seconds east a distance of 297,00 feet; thence north 86 degrees 27 minutes 37 seconds west a distance of 390.10 feet; thence north 00 degrees 23 minutes 45 seconds east a distance of 118.11 feet; thence north 89 degrees 36 minutes 15 seconds west a distance of 700.24 feet more or less to the centerline of Pike Lake Trail; thence southwesterly along said centerline to its intersection with said south line of the South Half of the South Half of the Northeast Quarter; thence easterly along said south line a distance of 1123.94 feet to the point of beginning, HAROLD D & JUDY K BOHLEN 13380 HICKORY LANE SE PRIOR LAKE MN 55372 LEO VIERLING 14091 EAGLE CREEK AVE NE PRIOR LAKE MN 55372 CHARLES & JUDITH CRAMER 13496 PIKE LAKE TRAIL PRIOR LAKE MN 55372 X()/fIONft /)} h r!/)0 uJ I J 00 Lj-YJI ALP- tV /lJtuJ PMyrJP I YYlAI 3(PrJ 7 J fYrtJ,. - REASON INVESTMENT 8400 LYNDALE AVE S BLOOMINGTON MN 55420 JANIS L LINDSKOOG 13470 PIKE LAKE TRAIL PRIOR LAKE MN 55372 David E. Hoonen President ~~~_~~__~_.__~__'_.~~~_~~_3~~.~~ Ji.... ScolT COUNlY ABSTRACT ; . AND1I1lf.H:. l L1cenIecI-.. l MEMBER MINNESOTA LAND TITLE A I .. _ .___,_~....Clf~nes~_u~~ AGENT FOR CHICAGO TITLE INSURAN C INY .... OCI MtNllns of the Proco.dings of the Village Council of th.. Village of Prior lake in the County of Scott and Slot. ::.; Minnllsota, Including all accounts audj'od by laid Council. HAROLD COHLEN COND I T I O~tAL USE PERMIT The City PI~nncr pre5~'ted the information on Harold Bohl~n and his request for a conditional use pennit. City Planner Graser has issued a temporary permit ror the construction of a pole barn, which is in an R-I District. The recent ordinance s"ates that such a construction is permissable only upon Counci I approval. The appl ieant owns and hasmost,pf" the 30,acres u~der plow and the bui lding wi 11 be used to sh_*:'hO\f~e'anJ._ls.'f~J~ "Hd., fo 11 owi n9 the recommended Comp rehen s i ve Plan, wi tf>tHi,ie%OftSGA..." .'1ayor Stock would like the Council to approve the applicants request and whether the appl icant should be charged the fee to come before the Council for conditional use because his property is agricultural in use. . The Counci 1 agreed that Mr, Bohlen should not be penal ized because he wants ~ to continue'with agricultur,:ll land. Mayor Stock stated that for the record that the City Planner Is carrying out the rules and regulations in coming to the Council with the condItional use because the property is an R-l classification. This land already has an e~isting pole barn and the land is being used as agricultural, The proper procedures were taken, The $SO. fee should be refunded and the zOrt- t.j.:--t.\lW;~'~:;i:!'~?;~iI~::~tl. . ..--, Motion by Watkins to approve the request of Mr, Bohlen and rafund the C0n- ditional use fee that wa~ collected. seconded by Thorkelson and upon a vote taken it was duly passed. ~, NOVEMBER PRI- The election judges and counters were reviewed for the November election, MARY ELECTION JUDGES Motion by Thorkelson to approve the Judges and Counters for Ward #1 as per the memo dated October 2, 1980, seconded by Bissonett and upon a vote taken it was duly passed, NOVEMBER PRI- Motion by Bissonett to approve the Judges and Counters for Wa~d #2 as MARY ELECTION per the memo dated October 2, 1980, seconded by Mayor Stock and upon a COUNTERS vote taken it was duly passed, CIVIL DEFENSE Civil Defense Coordinator Tom Fo~~~r reported on the civil defense suppl ies SUPPLIES in PrIor Lake, The school did ~ . have any supplies and the old bank building had a few supplies that were dated back to 1964, The CIvil De- fense Director of Scott County stated that there were no funds available to replentish the supplies in Prior Lake. Mayor Sl~ck suggested that at the next civil defense me~ting he wi 11 attend with Mr. Foster and re- , lwc5t new suppl ies for Prior Lake. ."..."~\ 6ROOKSVILLE Counc!lman Thorkelson asked how the situation should be handled at the MALL INCINER-: Brooksville Mall regarding the soot and ash rising from the incinerator. ATOR _I EQUIP. FROM WORK I N FRONT OF HOME Councilman Thorkelson reported that he has received a complaint about a home on Rutgers, that the resident is bringing equipment home from work and leaving it in his driveway. Council discussed situations of this nature with home Occ~p3tion permits, Further discussion will be hcld at a later date. Motion by Watkins to adjourn, seconded by Busse and upon a vote taken this meeting was adjourned at 10:06 PM. J ~j -~t:7~~u7J- ,-",,' Michael A. McGuire City Mand(cr .J if ~. c.e....... G--.. ~'('J ~ N.W ~ ~, L~ t: G~ L :jQ~ GY &;j ~ 1., ~4-&..: -II "'(.1 ' ,\~ ( to' ~' ~; Go (~ 'A. ,- ,-~.. - ~ ~ ,; " \! .,.~ i .. ", ~ .~ i . i . i i 1 r ~ ~ g :'<' ~ .~ ?~ :\ a ~ J i ~ I If i .fr I ... ,':@ ~ 1~ '. (i 'c' " .. VI: ~.L1.ol:o OF TIlE aJtNI"! ~ "11vJ I scorr c..........l, m. y Certified Filed and or Recorded en AU6 1 fU9.9i r: ].0 ~M. Doc. 3~ ~~~ Accng l;Ount:"j Kecora..,: AGREEMENT bv Deput:y X CITY of ~1<.1()ft.. J.Af<e. June 23, 1994 THIS AGREEMENT made and entered into as of the 6th day of June, 1994, by and among HAROLD D. BOHLEN and JUDY K. BOHLEN, husband and wife ("Bohlen") and THE CITY OF PRIOR LAKE, a Minnesota municipal corporation ("City") R E C I TAL S WHEREAS, Bohlen is the fee owner of the following described property located in the City, Scott County, Minnesota: The South Half of the South Half of the Northeast Quarter (S~ of S~ of NE~) EXCEPT all that land lying West of the Township Road in the South Half of the South half of the Northeast Quarter (S~ of S~ of NE ~), all in Section 23, Township 115, Range 22, Scott County, Minnesota, subject to an easement 20 feet in width along the Northerly boundary Running from the Northeasterly corner of the South half of the South half of the Northeast Quarter (S~ of S~ of NE~), of Section 23, Township 115, Range 22, to a certain water hole lying along said Northerly line thereof for the sole purpose of supplying drinking water to cattle EXCEPT That part of the South Half of the South Half of the Northeast Quarter of Section 23, Township 115, Range 22, Scott County, Minnesota described as follows: Commencing at the southeast corner of said South Half of the South Half of the Northeast Quarter; thence North 89 degrees 41 minutes 06 seconds West (assumed bearing) along the south line of said South Half of the South Half of the Northeast Quarter a distance of 761.10 feet to the point of beginning of the land to be described; thence North 04 degrees 09 minutes 33 seconds East a distance of 297.00 feet; thence North 86 degree 27 minutes 37 seconds West a distance of 390.10 feet; thence North 00 degrees 23 minutes 45 seconds East a distance of 118.11 feet; thence North 89 degrees 36 minutes 15 seconds West a distance of 700.24 feet more or less to the centerline of Pike Lake Trail; thence southwesterly along said centerline to its intersection with said south line of the South Half of the South Half of the Northeast Quarter; thence easterly along said south line a distance of 1123.94 feet to the point of beginning. Containing approximately 10.00 acres AND EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PROPERTY: That part of the South half of the Northeast Quarter (S~ of NE~) of Section 23, Township 115, Range 22, Scott County, Minnesota, described as follows: Beginning at the intersection of the North line of said South half of the South half of the Northeast Quarter, and the East line of Hickory Lane; thence South parallel with the East line of said South half of the South half of the Northeast Quarter, a distance of 300.00 feet; thence East parallel with said North line a distance of 300.00 feet; thence North parallel with said East line a distance of 300.00 feet to said North line; thence West along said North line a distance of 300.00 feet to the point of beginning; together with an easement for ingress and egress described as follows: Beginning at the intersection of the North line of said South half of the South half of the Northeast Quarter, and the east line of Hickory Lane; thence South parallel with the East line of said South half of the South half of the Northeast Quarter a distance of 120.00 feet; thence West parallel with said North line a distance of 60.00 feet; thence North parallel with said East line a distance of 120.00 feet; thence East long said North line a distance of 60.00 feet to the point of beginning. Approximately 2 acres the (" Property II ); and WHEREAS, Bohlen, together with Elmer Whipps and Ramona Whipps, husband and wife ("Whipps"), submitted an application for a grant of a variance from the City Zoning Ordinance No. 83-6, - 2 - ~ 4.1M, to allow five (5) dwelling units per quarter quarter section, which application was heard by the City Planning Commission on May 19, 1994; and WHEREAS, the City Planning Commission granted applicant a variance on May 19, 1994 to allow one residential building permit on a building site to be located as set forth on the Building Site Plan on Exhibit "A" attached hereto; and WHEREAS, the grant of the variance was conditioned upon the execution and recording of an agreement restricting issuance of any additional building permits for any residential units on the Property and the Whipps property until public sewer and water is available, as more fully described in the Facts and Findings of the City Planning Commission, as set forth herein as Exhibit "B" attached hereto and incorporated herein. NOW, THEREFORE, the parties agree as follows: 1. Upon the recording of this Agreement by Bohlen together with the recording of a similar agreement by the Whipps with the Scott County Recorder's Office, the City shall grant to the Whipps one additional residential unit building permit to be located on the Whipps Property and at the location set forth on Exhibit "A". 2. As a condition for the grant of the additional building permit and the variance granted to the applicants by the City - 3 - Planning Commission, Bohlen agrees that no further building permits for any residential units shall be issued by the City for the Property until public sewer and water are available to the Property. IN WITNESS WHEREOF, the parties have duly executed this J~:iJ~ar Harold D.- Bo-hlen first above written. JQ+B~~ THE CITY OF PRIOR LAKE B<<~re~ r;nd ~/' ;/ By ,~r , Frank l~SI City Manager - 4 - STATE OF MINNESOTA) ) SS. COUNTY OF SCOTT ) The foregW:!it' g 'nstrument was acknowledged 5~ day of , 1994, by Harold Judy K. Bohlen hus nd and wife. ./' . tl ~iC before me this D. Bohlen and ~ BERNICE A. JULKOWSIO ~" NOTARY PUBlIC- MINNEIOrA ~(... MyS~~Exp.~~_ STATE OF MINNESOTA) ) SS. COUNTY OF SCOTT ) The foregoin instrument was acknowledged before me this t{ .Li, day of , 1994, by Lydia Andren and Frank Boyles, respectivel the Mayor and City Manager of the City of Prior Lake, a municipal corporation under the laws of Minnesota, on behalf of the corporation. ~ @......BERNICEA.JULKOWSKI .!J NOTARVPUBUC.ylNNESOt\ N tary Public SCOTT COUNTY My Comm. Exp. Oct. 18, 1_ THIS INSTRUMENT WAS DRAFTED BY: Lommen, Nelson, 1800 IDS Center 80 S. 8th Street Minneapolis, MN (612) 339-8131 Cole & Stageberg, P.A. ( GRK) 55402 S:\SHDATA\16772G\GRK\#lBOHLEN.AGT - 5 - -~ ,f , , . :e1 ~ 3 ",60 "'ON _':-OO~U- ii ~I ~ --1 ."'~ , t- ..... lIti iT ~.. f:Z . ClOt). 3:. ;"."--.:t .'ff' I , I 3t: . , ~'" ~"! ~~ -, <1:, I u ~ o o ~ ." .; . . 1 \ \ ~ . fR: I~~ =.. I 1:1 S! ~ I I -.....-L'~ , \ ~ ~ ~ ;: , ::: .. ~ ;:; :t 1..,_ I. ... "''lI. 0.0.. eri-;; ~. I ...... I tit.. :'.: .. ! .. t / ! ~ . ........... --.... I - --" "'''''=- -- -0'<"''''-- -~H"=,,..,..._ ' -- 10\ 1. ~~-~ ,C-oo '~_ '.""~ 00...,. .. _ . ~"~ - -'--:. .; - ::"..... - :':':'71'~_- -.:.: :r. _' _ ~_.:----""'L$-<O'_ .s.~:: .r /" "'~J. 3Jtlrl 3JtIJ "0 J ..... .0>.0 t;~.\. ,. "A" EXHIBIT --- ,-p 'V) s ''f 't- i C . \ 9 ~ ~ >- ~ ~ \ ~ c ~ --zJ ~ Lf I' "VAIlPC' PLANNING REPORT AGENDA ITEM: SUBJECT: 1 CONSIDER VARIANCE APPLICATION FOR HAROLD BOHLEN , DEB GARROSS, ASSISTANT CITY PLANNER _YES -X.NO MAY 19, 1994 PRESENTER: PUBLIC HEARING DATE: INTRODUc nON: The Planning Department has received a variance application from Harold Bohlen of 13380 Hickory Avenue, Prior Lake. The applicant specifically requests a variance from Zoning Ordinance, Section 4,lM to allow 5 dwelling units per quarter/quarter section of the subject site. See attached legal description and maps for reference to the site location. DISCUSSION :. The attached Planning Report dated September 17, 1992 outlines a variance granted to Mr. Bohlen by the Planning Commission in September, 1992. At that time, the applicant was requesting approval of four additional units above the four pennitted per quarrer/quarter section in which the subject site is located, The Planning Commission denied his request but granted one additional unit subject to the facts and fmdings listed in the minutes of the October IS, 1992 Planning Commission meeting, The applicant appealed the decision of the, Planning Commission to the City Council. See attached City Council agenda report dated November 2, 1992, The City Council affirmed the decision and facts and findings of the Planning Commission to grant one additional unit to the subject site. A variance application is valid for one year following its issuance by the Planning Commission, and in this case, the City Council. The variance expired in November, 1993. Mr. Bohlen is requesting that the same variance granted by the City Council in November, 1992 be granted as per this application. No changes have occurred in the Zoning Ordinance or the district in which the subject site is located, since the 1992 variance approval which would negatively affect this applicatio'n. ALTERMt\TIVES.:. 1. Approve the variance as requested. 2. Table or continue the item for specific purposes. 3. Deny the application finding no demonstrated hardship. RECOMMENDATION: Alternative #1 subject t<? the condition that the applicant file aIid record an agreement with the City of Prior Lake restricting the issuance of additional building pennits for any residential units on the 26 acres until public sewer and water is available. The .one additional residential unit EXHIBIT "B" 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER granted under this permit shall be restricted to the 10 acre subject site indicated by the attached survey, The agreement must be reviewed and accepted by the City Attorney prior to filing with Scott County, FACTS AND FINDINGS FOR GRAl'-t J.li~G U1b AGRICULTURAL DENSITY VARIANCE: 1. Approximately one half of the two subject quarter/quarter sections were previously platted into 2 to 3 acre lots under the jurisdiction of Eagle Creek Township, 2, As a result of the previous platting the subject quarter/quarter sections are urban in character and zoned R-l and C-l to reflect higher residential density and environmentally sensitive lands. 3, The applicant's parcel consists of 26 acres, of which 10 acres will be the site of the additional residential unit. The 10 acre site is legally described as per attached survey and legal description. 4. The subject 1-'..v~rty is a residual piece of property in two urbanized quarter/quarter sections. It is adjacent to the City of Shakopee which provides for a greater density in their rural service area, 5. The proposed lot size of 10 acres is consistent with the 4 per 40 acres concept found in the Comprehensive Plan and Zoning Ordinance. 6, The neighborhood was supportive of one additional residential unit in the 1992 variance application. 7. Because of the unique circumstances, the variance is a reasonable deviation of Prior Lake's Zoning Law, promotes fairness and equity, and is not contrary to the general health and welfare of the community. ' 8, The applicant has agreed to execute and record an agreement with Prior Lake restricting the issuance of additional building permits for any residential units on the 26 acres until public sewer and water is available, The applicant further agrees to restrict the'location of the' one additional residential unit granted under this permit to that part of the 26 acres lying east of Pike Lake Trail in the South half of the Southwest Quarter of the Northeast Quarter, all iri. Section 23, TOwnship 115, Range 22, Scott County, Minnesota. ,,~ , ~ '. OFFICE OF TEE: COWlY ~ 1J vJ 1 scarr CCXlNl'Y. m. Cert:i.fied FUed am or Recorded at AUG 1 UQQ4 1::10 ~ M. ~~~07U9 AcCIlg Louncy ~ by r -.. -J >( (!..fTY 0': f'1{(&o~ J..Afi!.e AGREEMENT July I, 1994 THIS AGREEMENT made and entered into as of the 6th day of June, 1994, by and among ELMER WHIPPS and RAMONA WHIPPS, husband and wife ("Whipps") and THE CITY OF PRIOR LAKE, a Minnesota municipal corporation ("City") R E C I TAL S WHEREAS, Whipps is the fee owner of the following described property located in the City, Scott County, Minnesota: That part of the South Half of the South Half of the Northeast Quarter of Section 23, Township 115, Range 22, Scott County, Minnesota described as follows: Commencing at the southeast corner of said South Half of the South Half of the Northeast Quarter; thence North 89 degrees 41 minutes 06 seconds West (assumed bearing) along the south line of said South Half of the South Half of the Northeast Quarter a distance of 761.10 feet to the point of beginning of the land to be described; thence North 04 degrees 09 minutes 33 seconds East a distance of 297.00 feet; thence North 86 degree 27 minutes 37 seconds West a distance of 390.10 feet; thence North 00 degrees 23 minutes 45 seconds East a distance of 118.11 feet; thence North 89 degrees 36 minutes 15 seconds West a distance of 700.24 feet more or less to the centerline of Pike Lake Trail; thence southwesterly along said centerline to its intersection with said south line of the South Half of the South Half of the Northeast Quarter; thence easterly along said south line a distance of 1123.94 feet to the point of beginning. Containing approximately 10.00 acres the (" Property"); and WHEREAS, Whipps, together with Harold D. Bohlen and Judy K. Bohlen, husband and wife ("Bohlen") submitted an application for a grant of a variance from the City Zoning Ordinance No. 83-6, ~ 4,lM, to allow five (5) dwelling units per quarter quarter section, which application was heard by the City Planning Commission on May 19, 1994; and WHEREAS, the City Planning Commission granted applicant a variance on May 19, 1994 to allow one residential building permit on a building site to be located as set forth on the Building Site plan on Exhibit "A" attached hereto; and WHEREAS, the grant of the variance was conditioned upon the execution and recording of an agreement restricting issuance of any additional building permits for any residential units on the Property and the Bohlen property until public sewer and water is available, as more fully described in the Facts and Findings of the City Planning Commission, as set forth herein as Exhibit "B" attached hereto and incorporated herein. NOW, THEREFORE, the parties agree as follows: 1. Upon the recording of this Agreement by Whipps together with the recording of a similar agreement by Bohlen with the Scott County Recorder's Office, the City shall grant to the Whipps one additional residential unit building permit to be located on the Whipps Property and at the location set forth on Exhibit "A", - 2 - 2. As a condition for the grant of the additional building permit and the variance granted to the applicants by the City Planning Commission, Whipps agrees that no further building permits for any residential units shall be issued by the City for the Property until public sewer and water are available to the Property. IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the day and year first ab;~ writ~ ZC~)J3.h~1 Elmer "ilhlpps '/I THE CITY OF PRIOR LAKE B~4~~ Lydia Andren~ Mayor (' <~i' aPf ! / By ~kv! / , ~------- Fra~l~s, City Manager STATE OF MINNESOTA) ) SS. COUNTY OF SCOTT ) The fOreg~i i strument was acknowledged before me this /~ day of , 1994, by Elmer Whipps and Ramona Whipps, husband and 'fe. BERNICE A. JULKOWSKl NOrARV PUBLIC. UlNNESOTA SCOTT COUNlY .., eamm. Exp. Oct. ,.. t_ ~~~tfl~_L otary Pub11c f - - 3 - :x) K- "L./ , , t ....... 1 ~I ."t~ ~i i7 ~ . ~.. f:Z.OOJ. 3:. ;1""-_.", .v I , I ~: . , !!... ~"! &.~ .., 01:, I . ~ o o <! TI ~ 3 ",60.WJN :"-OO~Q.- L i: I! r1~~ I.:.. =.. I !U ~ .. ': , --~ ~ 'l : ~ .. ~ .. . l.... 'J , ~8= .._~ "t..... ~. I "i8l.. I~.. ~ .. ~ ! .. J i \ \ \ .. 1 -'~..JO. .......... I _ --->. "'''''=- ----=-=- -~-.:!.o .,.,... - - ~.' ~ -.:-~ ::::::;:,,;;;:- - ~ ~:;;"::,,-:::. - - _ ~~J\r - v_ ~ -.0.".....,. _ ..&.~:: .r./' 7Jt'lI.l 3>1.J'7 3>1,<1 '/0 J ... .0>.0 ..,dJ.\. c. "A" EXHIBIT ,-p 'V) ~ .~ ~ , ,C , .. 9 ~ -...) >-- ~ '- i ~ ~ a -z) -"""""c:::6.:) II , March 30, 1994 Ramona Whipps 1100 4th Avenue NW New Prague, MN 56071 Dear Ramona, Attached find the information related to the Bohlen property located in the SE quarter of the NE quarter of Section 23, Prior Lake. Mr. Bohlen applied for a variance in 1992 to obtain several building permits for the 26 acre parcel. The City of Prior Lake Zoning Ordinance permits only 4 dwellings per quarter/quarter section. There are more than 4 dwellings within the quarter/quarter sections where the 26 acre Bohlen parcel is located, due to the development of Titus Addition, platted by Eagle Creek Township, prior to annexation into the City of Prior Lake in 1973. Mr. Bohlen was granted a variance to allow one additional home to be built on the 26 acre site. However. in order for the variance to be valid, Mr. Bohlen was to execute and record an agreement with Prior Lake restricting the issuance of additional building permits for any residential units on the remaining acreage until public sewer and water is available. The building permit was to be restricted to that part of the 26 acres located in the South Half of the Southwest quarter of the Northeast quarter of Section 23. Township 115, Range 22, Scott County. Minnesota. Variance applications are valid for up to one year following the approval. Mr. Bohlen was mailed a letter on July 1, 1993 indicating that his variance would expire on November 2, 1993 and that he needed to file the agreement with the City of Prior Lake prior to that date. Mr. Bohlen never filed the agreement and the variance to allow one additional building permit for the 26 acre parcel, expired on November 2, 1993. In short, there are no building permits available for the 26 acre parcel of which, the legal description of the property that you sent to me, is a part. The address for the parcel described in your fax of 3-28-94 is 13461 Pike Lake Trail N.E. However. please be advised that because of the variance expiration and the failure of Mr. Bohlen to file the appropriate documents, there will be no additional building permits available to the 26 acre site. until public utilities are installed. It is anticipated that utilities will not be installed until after the year 2010 or beyond. If you have additional questions regarding this issue, please contact me at 447-4230. I hope that this information is of value to you. ~ Since~ly, ( ~. at/GM.j Deb Garross Assistant City Planner City of Prior Lake 4629 Dakota St. S.E.. Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER NEW PRAGUE OFFICE PRODS 6127585041 P.81 Legal Description. Continued 13Ll ~! B U _/llP Tl_ IJ,'F', I I' ; I C.T.FileNo. 81-9017 That pa~t of the South Half of the south Half of the Northeast Quartgr of Section 23, Township 115, RangQ 2~, Scott County, Minnesota, described 8S follower Commencinqat the southeast corner of said South Half of the South Half of the Northeast 'I Quarterl thence north 89 degree. 41 minutes 06 seconds weet (assumed beari.ng) along the I south line of said South Half of the South Half of the North@ast Quarter a distance of 761.10 feet to the point of beginning of the land to be described, thence north 04 degrees 09 minutes 33 seconds east a distance of 297.0~ feet; thence north 86 degrees 21 minutes 37 seconds west a distance of 390,10 feet; thence north 00 degreea 23 minuteB 4~ seconds east a distance of 118,11 feet, thence north 89 degrees 36 minutes 15 seconds weat a distance of 100.24 feet more or leaa to the centerline of Pike Lake Trail; thenc~ southwesterly along said centerline to its intersection with sald Bouth line of the South Half of the South Half of the Northeast Quarter; thence easterly along said south line a distance of 1123.94 feet to the point of beginning. I I ! Deb This 1s the legal on as per our telephone for this property. property bought by Darrel and Robyn sibbet conversation this A.M. (3/28/94) re: address ~~in ~elY.~/. . ) (,. "d ?t~ . t./ mo;. Whipps ~ (Darrel's Mother) Post-It'" brand fa~ trans~ttal memo 7671 l! of pages ~ To (~ / JL."{~ Flom CX{A~ co~~ Co. 4-.j-~' Dept. Phone /I d/ b I ~/n/L7[/F-r:' FU~~?__~~- ~~ 75-fj--')-/Jil/ KOJrl On CLUJ Jv;fM--J / r 2 c:. c::::: I r <,J -=t~'7 " ......A.JILO U /53 -5/5S \ r fl60 1111 ~ }JuJ (lllw ? /LOr SIP()7! r-' il:, , :111: July 1, 1993 Harold Bohlen 13380 Hickory Avenue Prior Lake, MN 55372 Dear Mr. Bohlen, The Planning Department is in the process of closing variance fIles which have recently been approved by the Prior Lake Planning Commission and/or City Council. On November 2, 1992, the City Council approved a variance for the property located in Section 23 within the City of Prior Lake. Specifically the Council granted one (1) additional building permit for the 26 acre parcel. See a copy of the attached application form, minutes from the City Council meeting, staff report dated November 2, 1992, and facts and findings from a memo dated October 15, 1992. Please be advised that a variance is valid for one (1) year from the date that it is granted. The variance for this site, file VA92-26, is valid until November 2, 1993. However, in order to execute the variance or to be able to obtain a building permit, Item 8 in the attached memo dated October 15, must be completed by you. Specifically it would be your responsibility to execute and record an agreement with the City of Prior Lake to restrict the location of the one (1) additional residential unit granted under this variance to that part of the 26 acres lying west of the township road in the south half of the southwest quarter of the northwest quarter, all in Section 23, Township 115, Range 22, Scott County, Minnesota. In the past month Staff has received inquiries relative to the property. In order to issue a building permit and to validate the variance application, the agreement must be submitted by you to our office. Again, please note that in any event the variance will expire as of November 2, 1993. I look forward to hearing from you related to the agreement and to close this particular file. If you have questions, please contact me at City Hall Monday through Friday between the hours of 8:00 a.m. and 4:30 p.m. at 446-4230. stlJ;J~ Deb Garross Assistant City Planner CITY OF PRIOR LAKE DG:rms enc: cc: File VA92-26 4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLDYER MEMO TO: FROM: RE: DATE: PLANNING COMMISSIONERS HORST W. GRASER HAROLD BOHLEN VARIANCE FINDINGS OCTOBER 15, 1992 On September 17, 1992, the Planning Commission considered and approved the Harold Bohlen variance granting him one additional building permit for his 26 acres located at 13380 Hickory Avenue. The Commission instructed Staff to prepare facts and findings based on the Commission discussion and directions. 1. Approximately one half of the two subject quarter/quarter sections were previously platted into 2 to 3 acre lots under the jurisdiction of Eagle Creek Township. 2. As a result of the previous platting the subject quarter/quarter sections are urban in character and zoned R-1 and C-1 to reflect higher residential density and environmentally sensitive lands. 3. The applicant's parcel consists of 26 acres. 4. The subject property is a residual piece of property in two urbanized quarter/quarter sections. It is adjacent to the City of Shakopee which provides for a greater density in their rural service area. 5. The proposed lot size is consistent with the 4 per 40 acres concept found in the Comprehensive Plan. 6. The neighborhood was supportive of one additional residential unit. 7. Because of the unique circumstances, the variance is a reasonable deviation of Prior Lake's Zoning Law, promotes fairness and equity, and is not contrary to the general health and welfare of the community. 8. The applicant has agreed to execute and record an agreement with Prior Lake restricting the issuance of additional building permits for any residential units on the 26 acres until public sewer and water is available. The applicant further agrees to restrict the location of the one additional residential unit granted under this permit to that part of the 26 acres lying west of the township road in the South half of the Southwest Quarter of the Northeast Quarter, all in Section 23 Township 115 Range 22, Scott County, Minnesota. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ,. ,.:c~,'.\.. .'p ;, ....,..< """.",~ '",'e'^ ;..:',;:.~~-~~~ . 1:'\'':'''' ..',' I 1. ".,.." .-t .~... .... ~ 7. Discuss 1993 Projects: A. Consider Approval of Authorizing preparation for 1993 Projects B. Discussion of Inspections By Developers C. Consider Soliciting Consulting Engineer's Services REGULAR COUNCIL MEETING AGENDA Monday,November 2, 1992 CALL TO ORDER 7:30 p.m. 1. Pledge of Allegiance 2. Minutes of The Previous Meeting 3. Consent Agenda: a) Consider Approval of Invoices To Be Paid b) Consider Approval of Third Quarter Budget Report 4. Consider Approval of Proclamation For Minnesota Health Week 5. Presentation from Bill Rudnicki, Mdewakanton Sioux Community Engineer, Regarding The SMSC's Plans for Sewer Extension and Construction of a Fitness and Recreational Center ~ Consider Harold Bohlen Variance Appeal Resolution 92-36 of Feasibility Study 8. Other Business a) Discussion of Workshop Dates b) Reminder of Open House for David Unmacht c) Update on City Manager Search Process *All times stated on the Council Agenda, with the exception of Public Hearings, are approximate and may start a few minutes earlier or later. 4629 Dakot~...St: S.E.. ~..,La~..~=u~J;~'~~~~'~~',!.,.L~~,~612) 4474245 ,,0::;.' ,/";!~';l, ..,-.r j .-.~ .", t j, .'~""'"""" '0,11,1, . I '~ o <."."';.."';,",,.r....->,t....,.,~ . REGULAR COUNCIL MEETING t, ~ ~ I i f r i AGEND1. REPORT Monday,November 2, 1992 CALL TO ORDER 7:30 p.m. 1. Pledge of Allegiance 2. Minutes of The Previous Meeting 3. Consent Agenda: a) Consider Approval of Invoices To Be Paid - see attached. b) Consider Approval of Third Quarter Budqet Report - see attached. 4. Consider Approval of Proclamation For Minnesota Health Week - Loren Novak, Health Coordinator for School District 719, and representatives of MADD (Mothers Aqainst Drunk Drivinq) and SADD (Students Against Drunk Driving) have requested Council assistance with the promotion of Minnesota Chemical Health Week, November 13 - 20, 1992. Please see the attached Proclamation which has been prepared at the request of Mr. Novak for consideration by Council. Mr. Novak and the other representatives will attend the 1.:>vember 2 Council meeting. 5. Presentation from Bill Rudnicki, Mdewakanton sioux C,.._unity Engineer, Reqardinq The SMSC's Plans for Sewer Extension and Construction of a Fitness and Recreational Center - Bill Rudnicki of Enqelhardt and Associates, Engineer for the Shakopee J.idewakallton Sioux community (SMSC), will address the City Council on November 2, 1992 regarding the proposed sanitary sewer and watermain improvements for the SMSC property adjacent to McKenna Road. Mr. RUdnicki's presentation will include discussions of the proposed regional Fitness and Recreation Center. The Council will a180 be updated on the status of the Sewer Agreement between the City of Prior Lake and the'SMSC. ~consider Harold Bohlen Variance Appeal see ~attach6d staff report. 4629 Dakota St. S.E.. Prior Lake, Minnesota 55372 / Ph. (612) 447.4230 / Fax (612) 447.4245 AN EQUAL OPPORTUNITV EMPI.DYI!R ~:-~- -=--- IU _. L ~,_ _"~_"'~. '" ,.... ... ' .1 - .. ~~"'..:'l ~~ The next order of business was: Consider Approval of Proclamation For Minnesota Health Week. Loren Novak, Chemical Health Coordinator for School District 719, and Anqel O'Lauqhlin, representative for Mothers Against Drunk Driving and Students Against Drunk Driving, were present to promote Minnesota Chemical Health Week. Mayor Andren presented Mr. Novak with a Proclamation declaring the week of November 13 - 20, 1992 as Minnesota Chemical Health Week in the city of Prior Lake. The next order of business was Presentation from Bill Rudnicki, Mdewakanton sioux Community Engineer. However, due to the tact that Mr. Rudnicki was not present the next order of business was: Consider Harold Bohlen Variance Appeal. City Planner Graser presented an overhead of the area and reviewed details of the application. Mr. Graser noted that the Planninq Commission had granted Mr. Bohlen a variance to allow one additional residential unit. Mr. Bohlen addressed the Council and explained his reasons for requesting a density variance to develop four additional units for his 26 acre site. Extensive discussion occurred on lot sizes, Metropolitan Council restrictions in a rural service area, size of the proposed lots, precedence setting and other pertinent facts associated with the request. MOTION MADE BY KEDROWSKI, SECONDED BY FITZGERALD, TO UPHOLD THE PLANNING COMMISSION'S FINDING OF FACT AND VARIANCE DENIAL FOR HAROLD AND JUDY BOHLEN'S REQUEST TO DEVELOP FOUR ADDITIONAL RESIDENTIAL UNITS ON THE 26 ACRE PARCEL~ Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. The next order of business was: Presentation from Bill Rudnicki, Shakopee Mdewakanton sioux community (SMSC) Engineer, Regarding The SMSC's Plans for Sewer Extension and Construction of a Fitness and Recreational Center. Mr. Rudnicki presented a model of the SMSC's proposed Fitness and Recreational Center and discussed concepts for sewer and water connection to the facilit~. Extensive discussion followed reqardinq SAC unit availab1lity and allocation, the City'S policy reqardinq sewer and water connections out of the City'S juriSdiction and other details relating to the project. Mr. Rudnicki stated that the SMSC Council is currently discussing the plan and he will convey a proposal to the Prior Lake City Council when appropriate. councilmembers concurred that additional information will be necessary reqarding the entire project before further discussion can be held. A short recess was called . The meeting reconvened at 9:10 p.m. The next order of business was: Discuss 1993 Projects: A. Consider approval of Resolution 92-36 - Authorizing Preparation of Feasibility Study for 1993 Projects. Actinq City Kanaqer Kuhlmann discussed the process and stated that the purpose of the discussion was to solicit direction from the Council. Public Works Director Anderson presented the proposed 1993 capital Projects and briefly reviewed the individual projects for Council discussion. Issues such as priority status, financinq, 2 Ch<<ni.ca1 HerLUh WeeR. 'PM .'i ~. :?\ I .~ -;. 1,: ft:' HaA.OM. ~q ~~:ce ..~ ~ fj '~'t .~ f l1i iii t: i DruLial. of. Bohlen. VcvU.an.ce 5ftJ5C F i..:tn.l!A~ and .~, 'RecA.ea:ti.on} Cen.ttVt ): '4 .f J FeaAi..b" SJ:uJ:4I. Fo/l. 199) PItOJeeU ~ ~ .~ o " AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: 6 HORST GRASER, DIRECTOR OF PLANNING CONSIDER HAROLD BOHLEN VARIANCE APPEAL NOVEMBER 2, 1992 INTRODUCTION: Staff has received a letter of appeal from Harold and Judy Bohle~ (the applicants), for a density variance heard by the Planning Commission, september 17, 1992. The applicant filed a variance application to deviate from Cit~ Code 5-4-1(N), which restricts res~dential density in the rural and unsewered areas of Prior Lake to 4 units per quarter/quarter section. The applicant has requested four additional units for his 26 acre parcel which is located in two 9Uarter/quarter sections. The Planning Commiss~on, in citing the recently approved Henning varianc9, granted a variance to allow one additional residential unit. Attached to this agenda item is the applicants letter of appeal, the Planning Commission minutes of September 17, and October 15, 1992, and the September 17, 19~2, Planning Report wit~ supporting detail. DISCUSSION: Prior Lake's Comprehensive Plan restricts rural and unsewered area density to 4 units per quarter/9Uarter section. This policy is implemented ~n Section 5-4-l(N) of the City Code. The minimum lot size in the A-l Zone is only one acre, two acres in an unsewered shoreland district, and ten acres in the conservation zone. Consequently it is possible to satisfy the density of an agricultural 40 acres if a land owner had a 4 acre parcel. The previous requirement was a 10 acre minimum lot size with 500 feet on a public road. Had the ordinance not been amended, the applicant would be entitled to one additional building permit for the entire 26 acres. It was based on this rational that the Coun~il issued one additional residential unit to Bill Henninq (Auqust 3, 1992), whose application had similar circumstances (please rater to Finding. ot Fact. tor Henning incorporated in the attached Planning Report). 4629 Dakota St. S.E.. PrIor Lake, Minnesota 55372 I Ph. (612) 4474230 I Fax (612) 4474245 AN EQUAL o~~ ""'... I JNITY EMPLOYER -:;~::.:::=-~~~..1' ~:. ..." ...., , .~ " ) .. .. ALTERNATIVES: RECOMMENDATION: ACTION REQUIRED: ------:..,. The Planning Commission heard this request on september 17, 1992, and granted one additional dwelling unit to the el1tire 26 acres based on the Facts and Findings which were included in the October 15, 1992, Planning Commission minutes. Mr. Bohlen requested that the additional density unit be issued to the 8 acres lying in the SW1/4 of the SW1/4 of the NE1/4 of Section 23 which would provide for easy access to Prior Lake Trail and allow him to retain the remaining 18 acres. Mr. Bohlen's application also specifies the location of the proposed four additional units. Unfortunately the four lots each, approximately two acres in size, are located in the C-l and S-D Zones which require lot sizes of 10 and 2 acre acres respectively. The applicant did not file a variance to deviate from the required lot sizes. Any additional density the Council grants must be located outside these zones or the boundaries of the districts changed. 1. Planning variance Uphold the decision of the Commission to deny the application. 2. Table the issue for specific reasons or lack of facts. 3. Approve the application with specific facts and findings. Alternative #1 Depends on Council discussion. '" ~, .1 ~ '" ; ,. _.1 ...~ ~ t:: PLANNING COMMISSION MEETING MINUTES SEPTEMBER 17, 1992 PAGE 3 AND THE TOPOGRAPHY or THE LOT AND NOT BY THE APPLICANT. THE APPLICATION WOULD NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE or THE NEIGHBORHOOD. Vote taken signified ayes by Roseth, Arnold, and Loftus. MOTION CARRIED. , ITEM V - HAROLD BOHLEN - VARIANCE Harold Bohlen 13380 Hickory Avenue, stated he wishes to create 4 lots to be developed with single family homes and is requesting variances from the Prior Lake city Code, the Conservation District, and Shoreland District sections to accomplish this. Horst Graser, Director of planning, presented the information as per memo of September 17, 1992. The variances being requested are from section 5-4-1(N) of the Prior Lake City Code, which restricts housing density, a variance from lot size standards of Section 5-4-1 Conservation District, which require a 10 acre lot sizet and a variance from section 5-8-3 Shoreland District1 which requ res a minimum 2 acre lot size. Mr. Bohlen is propos ng to create 5 lots, 4 of which are to be developed with single family dwellings. The Planning Commission has denied three previous applications of this type in the past. The application for Henning was approved by the city Council. A comparison for findings of fact for the Henning property was compared to the Bohlen property. , Staff's recommendation is that under no circumstances applicant receive four building permits as requested. be justification to grant one permit for the entire based upon the recent Henning Decision. Janis Landskoog 13470 Pike Lake Trail; voiced her objection to the proposed subdivision, as she had bought her property to live in the country and does not want a development. william Cramer 13496 Pike Lake Trail, stated he is against the variance request as it would cause more traffic and dust on the ~oad. should the There may 26 acres, Greg Wermerskirchen 4671 Martindale Drive, has no objection to the houses being built but is concerned on the road dust and maintenance by the City. Carol Aronson 4723 Martindale Drive, is concerned on the road and traffic and also opposed to the four homes. Leo Virling 14091 Eagle Creek Avenue, has no objections to the request. Comments from the commissioners were on clarification on the zoning districts, request is not in conformance with the Comprehensive Plan, and precedent would be set. Mr. Bohlen stated he would agree to one building permit for the 8 acre site and would not develop further. ~ ~ ~ - \. , PLANNING COMMISSION MEETING MINUTES SEPTEMBER 17, 1992 PAGE 4 MOTION BY ROSETH, SECOND BY ARNOLD, TO APPROVE ONE (1) BUILDING PERMIT FOR AN EIGHT (8) ACRE SITE LYING IN THE SW 1/4, OF THE SW 1/4 OF 'l'HE NE 1/4 OF SECTION 23 OF THE TITUS FIRST ADDI'.rION AS SHOWN IN EXHIBIT A BUT CANNOT RECEIVE ADDITIONAL BUILDING PERMITS UNTIL UTILITIES ARE AVAILABLE. AT THE NEXT MEETING, STAFF WILL SETFORTH FACTS AND FINDINGS FOR JUSTIFICATION CONSISTENT WITH THE CITY COUNCIL FINDINGS ON PREVIOUS ACTION SO AS NOT TO SET A PRECEDENT. Vote taken signified ayes by Roseth, Arnold, and Loftus. MOTION CARRIED. .. Recess called at 9:45 P.M. Meeting reconvened at 9:50 P.M. ITEM VI - PUBLI\o H;E~I1!G - COMPREHENSr;VE P~.AN AMENDMENT The Public Hearing was called to order by Chairman Loftus at 9:50 P.M. The public was not in attendance. Horst Graser presented the information as per memo of september 17, 1992. Two comprehensive plan amendments are necessary to satisfy the Metropolitan council in an effort to gain approval for liThe Wilds" Golf course. Prior Lake's current comprehensive plan is outdated in terms of goals and objectives, and is deficient in the Metropolitan Investment Policy. RURAL SERVICE AREA POLICY AMENDMENT - The rural service area of Prior Lake will serve 8S a holding and/or transition zone permitting open space land uses. The objective is to preserve large tracts of land which will accommodate future urban planned development. WATER RESOURCE MANAGEMENT PLAN - Sound storm water management practices and water quality standards are paramount in preserving the water oriented environment of Prior Lake residents. These amendments to the Comprehensive Plan are necessary for liThe wilds" to become a reality. MOTION BY ROSETH, SECOND BY ARNOLD, TO ADOPT THE RURAL SERVICE AREA POLICY AMENDMENT AND THE WATER RESOURCE MANAGEMENT PLAN AMENDMENT OT THE COMPREHENSIVE PLAN AS PRESENTED. Vote taken signified ayes by Roseth, Arnold, and Loftus. MOTION CARRIED. MOTION BY ARNOLD, SECOND BY ROSETH, TO CLOSE THE PUBLIC MEETING. Vote taken signified ayes by Arnold, Roseth and Loftus. MOTION CARRIED. Meetinq closed at 10:30 P.M. MOTION BY ARNOLD, SECOND BY ROSETH, TO ADJOURN THE MEETING. Vote taken aignified ayes by Arnold, Roseth, and Loftus. MOTION CARRIED. Meeting ad)ourned at 10:32 P.M. Tapes of meeting on file at city Hall. Horst Graser Rita M. Schewe Director of Planning Recording Secretary Q Q J '/ ' - PLANNING COMMISSION MEETING MINUTES ITEM V - MARK SIMON - VARIANCE OCTOBER 15, 1992 PAGE 4 ) Mark Simon 16153 Northwood Road, stated he is requesting several variances to rebuild his home after a fire. The house was destroyed over sot of the market value and in order to rebuild he must bring the structure into conformance with code. Sam Lucast presented the information as per memo. The variances requested are 4.7 foot northerly side yard, 2.3 foot southerly side yard, and a .1 foot front yara variance. The house has been under construction on two building permits for several years. Terry Holden 16163 Northwood Road, called on October 12, 1992, and informed Staff that he has no problem with the variances but felt the rate of speed in which the remodeling is accomplished could be increased. An anonymous phone call was received on October 15 1992, voicing the same concerns. The Building Department indicated the applicant has lost occupancy status due to the fire and cannot live in the house u~til it is finished. DNR does not have any problems with the application. staff's recommendation is to approve the variances as requested. The original building was constructed under the jurisdiction of a previous government and did not require variances. The Building Department commented to Staff that repairs would be completed sooner because of subcontractors doing the work instead of the applicant. The Engineering Department is requesting a utility easement be signed before the issuance of the building permit. Mr. Simon was unaware of the sewer line on his property and the procedure was explained and he agreed to sign. Comments from the Commissioners were that all were in consensus with the application. MOTION BY ARNOLD, SECOND BY GREENFIELD, TO APPROVE A 4.7 FOOT NORTH SIDE YARD VARIANCE, 2.3 FOOT SOUTH SIDE YARD VARIANCE, AND A .1 FOOT FRONT YARD VARIANCE FOR 16153 NORTHWOOD ROAD TO RECONSTRUCT A HOME DAMAGED BY FIRE, CONTINGENT THAT AN UTILITY EASEMENT BE SIGNED BY THE APPLICANT BEFORE THE ISSUANCE OF A BUILDING PERMIT. RATIONALE BEING THE HOME WAS CONSTRUCTED UNDER THE JURISDICTION OF A PREVIOUS GOVERNMENT, HARDSHIP IS BASED ON THE MORE RESTRICTIVE PRIOR LAKE ZONING ORDINANCE, THE SHAPE OF THE LOT CONTRIBUTES TO THE VARIANCES AND IT WOULD NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE OF THE NEIGHBORHOOD. Vote taken signified ayes by Arnold, Greenfield, Loftus, Roseth, and Wuellner. MOTION CARRIED. . ) ITEM VII - STAFF - HAROLD BOHLEN VARIANCE - FACTS AND FINDING~ Horst Graser presented facts and findings on the variance application for Harold Bohlen supporting the approval action by the planning Commission on September 17, lS92. Facts and Findings for 13380 Hickory Avenue are as follows: 1. Approximately one half of the two subject quarter/quarter sections were previously platted into 2 to 3 acre lots under the jurisdiction of Eagle Creek Township. ~ , 1;~ , ','f.~f~:~~~tl~~::#~'5:i~,:,,'t-,~,,>~ .pl-' ':,' '!, ,.,!, ~::..~.~~,:. :. ' '.>-'-""-' 3 ,~;, j - .,~\~:t?f:~~l;~;:'~')~Y'-;' ";' '->f. '~i\4t(;s',."?'r~'~~ C', ' \ \ "y, ,,,'"', ."1 f. - PLANNING COMMISSION MEETING MINUTES OCTOBER 15, 1992 PAGE 5 2. As a result of the previous platting the subject quarter/quarter sections are urban in character and zoned R-l and C-l to reflect higher residential density and environmentally sensitive lands. The applicant's parcel consists of 26 acres. The SUbject property is a residual piece of property in two urbanized quarter/quarter sections. It is adjacent to the City of Shakopee which provides for a greater density in their rural service area. The proposed lot size is consistent with the 4 per 40 acres concept found in the Comprehensive Plan. 3. 4. 5. was supportive additional of one 6. The neighborhood residential unit. Because of the unique circumstances, the variance is a reasonable deviation of Prior Lake's zoning Law, promotes fairness and equity, and is not contrary to the general health and welfare of the community. The applicant has agreed to execute and record an agreement with Prior Lake restricting the issuance of additional building permits for any residential units on the 26 acres until pUblic sewer and water is available. The applicant further agrees to restrict the location of the one additional residential unit granted under this permit to that part of the 26 acres lying west of the township road in the South half of the Southwest Quarter of the Northeast Quarter, all in Section 23, Township 115, Range 22, Scott County, Minnesota. 7. 8. J '"" .MOTION BY ROSETH, SECOND BY ARNOLD, TO ADOPT THE FACTS AND FINDINGS FOR THE HAROLD BOHLEN VARIANCE APPLICATION AS PRESENTED. Vote taken signified ayes by Roseth, Arnold, and Loftus. commissioners Wuellner and Greenfield abstained as they were not in attendance of the meeting. MOTION CARRIED. The Commissioners directed Staff to proceed on a proposal to amend the zoning Code on 10 acre lot size. .. ITEM VIII - REORGANIZATION OF PLANNING COMMISSIO~ commissioner Arnold nominated commissioner Roseth for Chairman. Nominations closed. vote taken signified ayes by Arnold, Loftus, Wuellner, Greenfield, and Roseth. MOTION CARRIED. commissioner Wuellner nominated Commissioner Arnold for Vice-Chairman. Nominations closed. vote taken signified ayes by Wuellner, Roseth, Greenfield, Loftus, and Arnold. MOTION CARRIED. Cd Q ..../ "..,\~.L .~'."". "..".,"'...-........_...~,_.....~.....,_~._ . _J!IIr " . ;1;; "','- l f ~~:f - --- -- ..--. --- .... ..... .....-----.-- . l 0/ ." \, iV I LAN~ - .. . I -----..... - - - -' ~ " '! 4ft ., ~ 'to " " 9 . "". .. a ~ / ,,~ v _.I I' " ... 4 ~ N, ~ ~ ~ " - HICKORY - o o ---- J q;, _too .. - - . ~ ~......_~---'.- - I ",I I ",I I~ Ita ., \ " I"~ ~ I V1t ~ It.. "I .... '~' '" ~ Il' I ::.1 llal \ij I~ I I , , . .) J- ; ~AKe .~(l ~i."~ . . v ~ ~ ~. .- v ~ It \)Q ... ....... <-V\ ~\l ~'< ~ ~ CQ~ ~ ~~ ""\7 .~ { '^ "- ~ . . . . " ! wi ..' -V. I . I N ''--_.........-- . . { 4 0. "' ~ ~ - .. 'h. " -J:1 <, ~ .>< ~ . V) ~ ~ ~, "". fl' ... ~I ~ \) Vl \)' ~--~- \l "" ~ ~ " ' - ~;. ,:1 :"1 1 '~~ - -. , -------- .,..... ,., ,- .' ~t . . J . q'}' I --/ " ._~~~.... , :::....---- \ . OUTLDT C ~ S ~\~ 4 1'" - Ac;, 2.+ Ae. _'-. _l_ .Slt). - JO_ " II/IIVI I '.. . 14(,711 : - _ , . . -;:::;~-- k ;..- -- #? . ~/ ~ ~ ~7/ .~ yt"" i. ~~. ,:\~ 0 ~....... a ~, ~, \'\) I.~ I (I '~E " '. 4"'- Ac.. .,.... . 309.10 .... ........... The Sooth half of the South half of the Southwest Quarter of the Northeast Quarter (S 1/2 of S 1/2 of SW 1/4 of HE 1/4) ~J. all that land lying West . of the 'l'tN1ship Road in the South half of the South half of the Southwest _Quarter of the Northeast ()Jarter (S 1/2 of S 1/2 of SW 1/4 of HE 1/4), all in Secticm 23, TcMlship 115, L=,,, 22, Scott Colmty, Mimesota, 2 IS ~~ ~ 7 /./--I ;//, . /./P-"t, 10 . W1LUAII .I. SCHIIOI(EL ,. , "VA26PC" PRESENTER: PUBLIC HEARING: DATE: PLANNING REPORT VARIANCE APPLICATION HAROLD BOHLEN 26 ACRES WITHIN SW 1/4, SW1/4 OF NE 1/4 SECTION 23. HORST GRASER, DIRECTOR OF PLANNING YES X NO S~~EMBEH 17, 1992 - -, SUBJECT : APPLICANT: SITE AODRESS: 1 The Planninq Department received a variance application from Mr. Harold Bohlen of 13380 Hickory Avenue, Prior Lake. The application requests a variance from Section 5-4-1(N) of the Prior Lake City Code which restricts housing density in the "Aqricultural Conservation Districts located in the rural service areas defined in the Prior Lake Comprehensive plan, to four (4) dwellings per each quarter/quarter section". The applicant requests a variance from lot size standards of Section 5-4-1, Conservation Districts which require a minimum 10 acre lot size and a variance from lot size stand~~~s of Section 5-8-3 Shoreland District which requires a minimum 2 acre lot size for property located within the shore land distric~ of an unsewered, natural environment lake (Pike Lake). The proposal is to create 5 lots, 4 of which are proposed to be developed with single family dwellings. The applicant should file a new or amended application specifically citinq the sections of the code he is requesting a deviation. The subject site is cur~ently vacant. EXISTING CONDITIONS: The subject s1te 1s located in the SW 1/4 of the SW 1/4 of the NE 1/4 of Section 23. The quarter/quarter section contains part of the plat of Titus 1st Addition, which was annexed into Prior Lake. The zoning Ordinance and Comprehensive Plan define a maximum residential density of 4 units per quarter/quarter section in the rural service area. Each lot of record is subject to a building permit. Due to the grandfather status of the existing, lots of record, the density of the 9Uarter/quarter section will be 7 units. The applicant rece1ved a building perm~.t for the subject lot of record in 1976. The current 26 acre subject site was then separated from the 2 acre buildinq site. The current application requests 4 additional building permits for a parcel that is not a lot of record and which was divided by the applicant after adoption of the rural density regulation of the Zoning Code in the City of Prior Lake. The zoning of the subject tract is R-l Residential, C-l Conservation and S-D Shore land District. The minimum lot size in a C-l zone is 10 acres and 2 acres in a Shoreland District. The property is currently planted with alfalfa. ) " "'"""- ..... 4629 Dakota St. S.E.. Prior Lake, Minnesota 55372 I Ph. (612) 447.4230 I Fax (612) 447.4245 AN EQUAL OPPORTUNITY EMPLOYER *"" , PLANNING CONSIDERATIONS: Tnere nave been tnree previous applications to increase density within the Rural Service Area, two of which have been denied. The Planning Commission determined in 1987, that DuWade Harris of 15220 Howard Lake Road, failed to demonstrate that hardship existed to grant a variance to increase density and that the request was inconsistent with the Comprehensive Plan. A similar finding was made for a separate property owned by Mr. Harris in 1980. The two previous applications demonstrate a clear precedence for denial of applications tnat seek to increase residential density within the rural service area. A third recent application for William Henning was denied at the Planning Commission level, for lack of a consensus vote, then approved by the City Council according to 9 findings of fact used to justify the granting of one additional building permit to the site. DISCUSSION: In the Henning variance application, the City Council found that under certain conditions l~ral density may be increased to promote fairness and equi~Yl and yet maintain consistency with the comprehensive plan. It s not the Council's intent to increas~ the density around ~reviously approved urban islands of development in rural districts.. The Council was very careful in the rational used ~o justify the Henning variance so as not to establish a precedence inconsistent with plan policy. The review of tbis variance should be based on the facts as determined by the Council in the Henning ve.ria!'\ce. The facts as recorded in the City Council minutes on AUg\lst 17, 1992 are as follows: 1. The majority of the subject quarter/quarter section and immediate area was previously platted into 2 to 3 acre lots under the jurisdiction of Eagle Creek Township. 2. As a result of the previous platting, the subject quarter/quarter section is urban in character and zoned R-l single family residential to reflect the higher urban density. The subject site consists of 15 acres. The subject site is a residual piece of previously urbani~ed property, surrounded by higher density, is urban in character and abuts the City of Shakopee. The City of Shakopee provides for a greater density in their rural service area. The lot size is consistent with the 4 per 40 acres concept found in the Comprehensive Plan. 3. 5. 4. o Q 6. The location of the home on the subject site will benefit future redivision. 7. The neighborhood is supportive of the variance based on testimony received on Auqust 3. .1> .' .,.../ ,.k i: 8. Under the circumstances it is a reasonable deviation of Prior Lake's Zoning Law, promotes fairness and equity and is not contrary to the general health and welfare of the community. 9. The applicant has agreed to execute and record an Agreement restricting further issuance of building permits on the subject site until serviced by sewer and water. These nine factors define hardship and uniqueness when considering a deviation from the rural density. By way of comparison the following issues are raised. 1. The subject site has never been platted and existed as a single parcel at the time of annexation from Eagle Creek Township. 2. Both quarter/quarter sections in which the subject site is located have platted property and is considered to have a Urban type density. 3. This site consists of 26 acres. However, a building permit had been issued to Mr. Bohlen in 1976 when the minimum lot size was 10 acres and 500 feet of frontage on a public road. Mr. Bohlen later divided the 2 acre tract from the larger site for his homesite. 5. The subject site does not abut Shakopee and is not surrounded by higher density. The land to the south is in an agricultural preserve and actively farmed. One building permit for the entire site would be consistent with the 4 per 40 acre objective of the comprehensive plan but not 4 as requested. 6. If the parcels as proposed indicate the general location of future structures, a further analysis is required to make a determination if there is a benefit. The greatest benefit to future redivision is not to issue a building permit. 7. The neighborhood mayor may not be supportive, it is unknown at this time. 4. ~ , 8. If items 1-7 hold true then this application would also be as consistent with the general health and welfare of the community. 9. The owner mayor may not agree to restrict further building on the entire subject property. RECOMMENDATION: Th1S app11~at10n and the Henning variance have common elements if this application had requested one building permit versus four. The Council action was intended to provide some relief to large tracts of land in quarter/quarter sections with existing urban / I II. '."j... , \. ',.t.. ..' ..." , I \ . \: ',t, :'1;,; f , . . ; \ , c. '''~','' .. '''.''''-,-.1,:-',.;-'', "'>~::, \'~' r '>';-'A,..,.,.-t_1lI.""-~o(;"':~'-:I:-"'l:\.t,;:, J;''''~":",1'M'''',c.",, '~'1I""~\' ,. ,>p;~~""""."'-V -' " // . density. Had the implementation strategy been 10 acre minimum lots then the subject slte could have two building permits or one in addition to the one issued in 1976. Under no circumstances should the applicant receive four building permits as requested. Although there may be justitication to grant one if the applicant is willing to have it issued to the entire 26 acres. The action depends on Planning Commission comparison of facts. ! " '