HomeMy WebLinkAboutVA94-34 Haugh Variance (withdrawn)
VA!fL -3-1
PIDt ~5"- ClIO z - (20 '~o
Ln:l. OF PRIOR LAKE
') _ APPLI~ON FOR VARIANCE
Applicant:_ k-"4-t~L~U 0- ~-<-Lc=f /"L-
Address: / (;, t!J y,~ L-l..).J1.-c..Jt'- C-lA.~,1 ..' C j ..8, ..
Property Owner: h~ (1. Ii! cJ-A-~ ~
Address: 1& 0 f' 0 IVrlA;;t!- CL< ~.. J.. to ~ I
Type of Ownership: Fee.',C Contract
Consultant/Contractor: <2 -.0 PI C~-e1?u~,f.- -r- tlJ.~
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Existing Use c.. ~ f J ..~ , -
of Property: ~.} ,-<../ o-r CLA./fA.---~ Present Zoning: e- (~ S /.)..
Legal Description 0" ~
of Variance Site: ~.l.,./ a..~~~tu~.' ..
Variance Requested: , CJ ..pt- +A ~ ~ ;JIJA..~.~~ULCI-- 2_'::)-~0t- 'cz&.~fc
() \I .. ~j' v .
Has the applicant previously sought to plat, rezone, o\bt~ae_ N'r....,\~II~~~~ce or conditional
use permit on the subject site or any part of it? \ Wi.vv
What was requested: -
When:-- Disposition: \ i'\\ '
Describe the type of improvements proposed: 2 oj fY.'f; Z~I c:i'f. L&i~-t~!!k.....~_/
"'\' p I
~!X'ITSSION ~UIREMENrS: ~
(A)Canp1eted application form. (B) Filing fee. )Property SUrvey indicating the
proposed developnent in relation to property l' sand/or ordinary-high-water mark;
proposed building elevations and drainage P~_l (n)Certified fram abstract firm,
names and addresses of property owners- wit ..' 00 feet of the exterior boundaries of
the subject property. (E)Complete 1egal~ription & Property Identification Number
(PID). (F)Deed restrictions or private co ts, if applicable. (G)A parcel map
at 1 "-20 '-50' showing: The s~'te ~ opnent plan, buildings: P"rking, loading,
access, surface drainage, 1andscapi n\1 utility service.
ONLY COMPLETE APPLICATIONS SHALL B*- . :dD AND RE.VIEWED BY '1'11.1::; PLANNI!\G cc::MMISSION.
To the best of my knOW1edg~he~' 0 ation presented on this form is correct. In
addition, I have read Sect!: n \!..:' 0 the Prior Lake Zoning Ordinance which specifies
requirements for variance pr ;~u . I agree to provide information and follow the
procedures as outlined in ~ rdinance. l> .1. I, n ;/ / 1
I(C~-<.~~vl--+'- J.... ,-~ L-'-....
~ _ Applicants Si9Datum! J
Submitted this 21 da~ - t;-. 1929- 7
I '\. ~--'t-'t.6Z..._..
Fee Owners Signature
THIS SPACE IS ro BE FILLED OUT BY THE PLANNIN; DIRECTOR
Home Phone: "dr:- ~ 7 - 2 Z c; .:/
Work Phone: Ll~ '-.;-- 50',-0
Home Phone: ~.. '-( 7 - 2/ '7 '-i "
Work Phone: if?'" ~ .-") -0 '> - co
Purchase Agreement
Phone:
PLANNING COMMISSION
w:d' COmX:IL APPEAL
APPROVED
&-1:' .t<OVED
DENIED ~j-? - qt.j
DENIED
U)~~dAO{~1'-. )
DATE OF HE'.ARI!\G wrHtlrW1Jf\
mTE OF HEARIN3 kX1 ftpflliLM'1t-
OJlillTIONS: ~
~~~~
Signature of the Planning Director
_ /()- I-? -9<-/
Date
VARIANCE CHECK LIST
KR:. (;l.{I-e)t \00' t{.(j t Red-
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"V ARFM"
SUBJECT SITE:
LEGAL DESCRIPTION:
VAOf~-,-3L. PID: aSr-t1D2.--17D-O
k()t!~. ..+f)u~hh
1 (vO~O IJJ U-f 'f\ \}f [IU){ '7JF~
FILE #:
APPLICANT:
STAFF ;CTIVlU"'S: ~ (0 _ u' '1</ I.\~ATE ~LETED:
...- <J. ,J :;: <..;~ \, .I
3. PREP "-. - __NOTI~E: ~,,~ /n-<.
.. pphcant ~ '\'.'
\ Property Owners :) 2 q. ('-j
o Verlyn - Engine . ng )
\ "'- DNR (if Shorelan ) ~\ A) I f-J
('-.J Others:
\......; Sc t County MNDOT
~ a rshed Distri~ Other
P~OMMISSIO~NDA PACKE
\)~- Staff R~j \ ~ Public Notice
'\ "'Applicatio~ll1 \. ~ Correspondence
AP~~~ ps ....... "'- Other Information
s~~.~~er Planning ~. ~'-iOnJCitY Council Action)
1. MAIL~~F APPLICATI~:OV AL LETTER ("V ARAPL"), AND
REQUI CONDITIONS TO:
DATE COMPLETED:
Applicant
Building Inspector
DNR (if Shoreland)
2. AMEND VARIANCE SUMMARY SHEET
3. ADD PERMIT TO PROPERTY MANAGEMENT
4. CREATE FILE LABEL
FILE SHOULD CONTAIN:
Application Form
Staff Report
Applicable Maps
Public Notice
Correspondence
Planning Commission Minutes
City Council Minutes
Other Information
HNvlill - VARIANCE! COl'l~llJERREQUFSfFORROILYHAUGH
The Planning Department received a variance application from Rolly Haugh for the }'~uf:-IC~i.y located at
16080 West Avenue S.E. The applicant proposes to construct a 20' x 20' detached garage 15' from the east
front yard },~u1JGrty line and therefore requests the Planning Commission to grant a 10' east front yard
vanance.
Associate Planner Gina Mitchell stated Mt Haugh informed Staff he had decided to withdraw his
application.
ITNvIIV - C01'l~llJKKHOMEOCCUPAnONREQUESTFORJUDY JAHNZ
The Planning Department received an application for a Home Occupation Pennit from Judy J ahnz of 5313
H<uuJ!i:on Street NE, Prior Lake. The applicant is requesting the Planning Commission grant a Home
Occupation Pennit to allow her to operate a dog grooming business in her home. The applicant does not
propose to have any employees initially, and plans to offer retail products once the business gets going. She
believes that the maximum amount of dogs groomed within a week would be no more than 40. The
applicant has stated there will be no more than 4 dogs at her home at anyone time, and they will be in
kennels when she isn't i.rrlIrediately working on thern. There will be no exterior signage. The maximum
hours of operation are },~ul^-'~d to be:
Sunday & Monday: closed
Tuesday & Thursday: 8:00 a.m. to 7:00 p.m.
Wednesday, Friday & Saturday: 8:00 a.rn. to to 5:00 p.m.
Judy Jahnz stated she has done dog grooming before, and currently has a full time job. Ms. Jahnz bought
the house because she could set up her business in the basement.
Associate Planner Gina Mitchell presented the Staff report dated October 13, 1994. Staff is of the opinion
40 dogs a week would create an excessive amount of traffic in the neighborhood. By limiting the numrer
of employees to one, the }'~ujJOsed home occupation can operate consistent with past approved home
occupations pennits for dog grooming operations, and with the intent of the Home Occupation Pennit
chapter of the Zoning Oniinance, subject to the following conditions:
1. No off-site parking; ample on-site parking for a maximum of two (2) customer vehicles
must be provided.
2. No exterior signage.
3. No retailing of any products.
4. No other employees beyond the one (1) employee/uf:-ICHltor.
5. No more than three (3) dogs be allowed on the premises at anyone time, with separate
kennels in the home provided for each.
6. The hours of operation be limited to:
Sunday & Monday: closed
Tuesday & Thursday: 8:00 am. to 7:00 p.rn.
Wednesday, Friday & Saturday: 8:00 a.m. to 5:00 p.m.
7. No transfer of the Home Occupation Pennit.
8. The Home Occupation Pennit is subject to all applicable oniinance and legal requirements.
Violation thereof shall be deemed grounds for revocation.
Mitchell read into the record a letter received by the Planning Department from the Valeks. Their concerns
were customer parking, number of pets, fencing and dog runs.
Robin Farrell, 14128 Ash Circle, stated she does not want to hear dogs bark.
PLANNING COMMISSION
October 13, 1993
Page 3
"VA34L '"
October 17, 1994
Rolly Haugh
16080 West Avenue SE
Prior Lake, Minnesota 55372
Dear Mr. Haugh,
This letter is to confirm our phone conversation on Thursday, October 13, 1994, that you have
withdrawn your variance application request. If you have any questions, please feel free to
contact me at 447-4230.
Sincerely,
Jiw.;1rl vr~
Gina..M. Mitchell .
enc,
cc. File
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
"VA_l"U>C"
'pLANNING REPOR'(
AGENDA ITEM:
SUBJECT:
3
CONSIDER 10' EAST FRONT YARD VARIANCE FOR
ROLLY HAUGH
16080 WEST AVENUE S,E.
DEB GARROSS, ASSISTANT CITY PLANNER
_YES -XNO
OCTOBER 13, 1994
SITE:
PRESENTER:
PUBLIC HEARING
DATE:
INTRODUCTION:
The Planning Depal1ment received a variance application from Rolly Haugh for the property
located at 16080 West Avenue S.E. The applicant proposes to construct a 20' x 20' detached
garage 15' from the east front yard propelty line and therefore requests the Planning Commission
to grant the following variance:
1. 10' east front yard variance.
DISCUSSION:
The subject site is a triangle shape parcel containing approximately 21,780 square feet of lot
area. The site is zoned R-l, Suburban Residential and is located within the S-D, Shoreland
District. The southerly 113 of the lot is zoned C-l, Conservation which requires a 10 acre
minimum lot size for construction of any land uses permitted in the Zoning Disuict. The
northerly palt of the lot is zoned R-l and was developed with a single family home,(pennitted
use), in 1992. The lot is bounded on the east by West Avenue; the north by a single family home,
and the southwest by County Road 21, which requires a minimum 85' setback from the
centerline of the travelled road. The subject site slopes from the nOlth to south/southwest and
contains mature trees, shrubs and other landscaping around the perimeter of the existing home.
The existing home contains an attached 22' wide, double car garage. The home location was
determined by the following site factors: The building location was required to be on the R-l
zoned pmt of the lot; in a location that met the 85' County Road setback requirement and the
property owner wanted to preserve the maximum number of mature trees on site for aesthetic as
well as screening purposes. Please note that the survey indicates the location of a 28" Maple
approximately 20' north of the existing garage. The 20' radius surrounding the tree could not be
disturbed by excavation activity in order to insure its survival. Therefore, the attached double
garage was built at a minimum width, to maintain a 20' separation from the Maple.
The applicant requests the Planning Commission to grant a 10' front yard variance in order to
construct an accessory, detached garage as proposed. The structure location proposed maintains
the 20' separation from the Maple, is located within the R-l portion of the site and in an area that
will not require tree removal. The structure will be screened from the property to the north by
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
mature growth trees, separation and natural grade changes between the two properties. The
garage will be screened from West Avenue by existing coniferous trees.
The property to the east, 4330 Dakota Street, was granted a 4' front yard variance for a garage
addition in 1989. The homes located along West Avenue maintain setbacks equal to or greater
than 25' from the front property lines. A possible option would be to grant a 5' front yard
variance, somewhat comparable to the 1989 variance granted to 4330 Dakota Street. The
possibility exists to reduce the width and extend the length of the garage, further to the north,
maintaining a 20' setback from the front property line. The 20' front setback would be
consistent with with a similar application in this neighborhood and previous Planning
Commission actions for front yard variances.
The Planning Commission will need to carefully consider whether construction of an accessory
structure meets hardship criteria #3, to grant a variance. tIfie IiardShip is caused 6y provisions of tfie
Ordinance and is not tfie result of a{;tions of persons presentEy liaving an interest in tfie property. In the
opinion of Staff, it does not. The site is large in area, 21,780 square feet, (the required lot size in
the R-1 zone for corner lots is 14,400 square feet). There is an existing double car garage on site
and reasonable opportunity to build accessory building(s) conforming to setback requirements of
the Zoning Ordinance exist. If it is the intent of the Planning Commission to grant a variance, a
specific finding of fact should be incorporated into hardship standard #3.
ALTERNATIVES:
1. Approve the 10' east front yard variance as requested finding hardship exists to grant a
variance.
2. Continue discussion for specific purposes.
3. Deny the variance requested finding lack of demonstrated hardship.
RECOMMENDATION:
The recommendation from staff is to deny the variance finding lack of demonstrated hardship to
grant a setback deviation for an accessory building.
If as a result of discussion the Planning Commission finds that the petitioner has demonstrated a
hardship, the following findings could be used to support a variance grant.
Variance Hardship Standards:
1. Literal enforcement of the Ordinance would result in undue hardship with respect
to the property.
The Zoning Ordinance permits accessory buildings up to 832 square feet within the R-1
Zone, provided setbacks can be met. The hardship in this case is that the lot area exceeds
the minimum 14,400 square foot requirement however, due to its shape, zoning
classification, topography, location adjacent to a County Road and existing mature tree
cover, the locations for accessory structure(s) are limited.
2. Such unnecessary hardship results because of circumstances unique to the property.
The site contains two Zoning classifications, R-l and C-l which is unique. Due to the
split zoning classification, the southerly 1/3 of the lot cannot be used for location of a
building because of the 10 acre minimum lot size requirement associated with the C-l,
Conservation District. Staff is not aware of another situation where a lot within the
Urban Service Area is bisected with two incompatible Zoning Classifications.
3. The hardship is caused by provisions of the Ordinance and is not the result of
actions of persons presently having an interest in the property.
The hardship is caused by the application of two incompatible Zoning Classifications on
one lot. The C-l Conservation District part of the site cannot be built upon due to its size
and resulting setback provisions of the Zone.
4. The variance observes the spirit and intent of this Ordinance, produces substantial
justice and is not contrary to the public interest.
The proposed garage will be screened from view by eXIstmg tree cover and grade
changes. A similar 4' front yard variance was granted for construction of an attached
garage for the property located at 4330 Dakota Avenue. Due to its screening, and
previous action of the Planning Commission to grant a front yard variance, this
application observes the spirit and intent of the Ordinance and would not be contrary to
the general health, safety and welfare of the community.
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. SURVEY PREPARED FOR.~
,';';'RaEL::Y::HAUGH. ';,'} ,
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.:y ,I;R.l,pR LAKE, MN. 55372 i
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Va/1.e.y. Surveying Co.,
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SUITE.I~p-C, FRANKLIN TRAIL OFFICE CONDOMINIUM
., '16670 FRANKLIN TRAIL S. E.
PRIOR LAKE, MINNESOTA 55372
TELEPHONE (612) 447-2570
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DESCRIPTION:
'Iblft' 'tJ8rt'-itl'""'GOVlll'l1JIItllit"1.~ I, ."..0 "~on '" lowi'iij-nIP-"4 '-R'ange--:22 ,-SCOft' c~.inth' '
Minnesota described as followa:
Commencing at a point on the north line of said Section 2, distant 57 rods and 4
links west of the northeast corner of the Northwest Quarter of said See tion 2;
thence south a distance of 270.00 feet. to th9 point of beginning of the tract of
land to be described; thence wesil parallel with said north line a distance of
42'.00 feet; thence deflecting to'the left at an angle of 15 degrees 30 minutes
00 eeconds a distance of 137.45 feet to the easterly right-of-wsy line of the
Chicago, Milwaukee and St. Psul Railrosd; thence souther ly along said
right-of-way line to ita interseotion with a line drawn south from the point of
beginning; thence north a distanoe of 249.6 feet more or less to the point of
beginning.
"VA34PN"
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: October 13, 1994 at 8:20
P,M,
APPLICANT:
Roland J. Haugh
16080 West Avenue S.E.
Prior Lake, MN 55372
SUBJECT SITE:
16080 West Avenue S.E.
That part of Government Lot 1, Section 2, Township 114, Range
22, Scott County, Minnesota described on the attached survey
reduction.
REQUEST:
The applicant proposes to construct a 20' x 20' detached garage as
per attached drawing. The Prior Lake Zoning Ordinance requires a
25' front yard setback from the front (east) property line. The
proposal is to construct the detached garage 15' from the front
property line. Therefore, the applicant requests the Planning
Commission to consider granting a 10' front yard setback variance
in order to construct the garage in the location proposed.
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: October 3, 1994
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
PR;llr-/ ~::, l~~$ ~~C1t-;:}~r;; J1!D#J/itj/ liWa n~,
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.VA34PN'.
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: October 13, 1994 at 8:20
P.M.
APPLICANT:
Roland 1. Haugh
16080 West Avenue S.E.
Prior Lake, MN 55372
SUBJECT SITE:
16080 West Avenue S.E.
That part of Govemment Lot 1, Section 2, Township 114, Range
22, Scott County, Minnesota described on the attached survey
reduction.
REQUEST:
The applicant proposes to consu'nct a 20' x 20' detached garage as
per attached drawing'- The Prior Lake Zoning Ordinance requires a
25' front yard setback from the front (east) property line. The
proposal is to consu'uet the detached garage IS' from the front
propel1y line. Therefore, the applicant requests the Planning
Commission to consider granting a 10' front yard setback variance
in order to construct the garage in the location proposed.
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: October 3, 1994
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
)
PHONE NO.
~ STATE OF
~[M~~cQ)U~
DEPARTMENT
METRO WATERS - 1200
772-7910
OF NATURAL RESOURCES
WARNER ROAD, ST. PAUL, MN
55106
FILE NO,
October 5, 1994
Gina Mitchell
Prior Lake Planning Commission
4629 Dakota Street S.E.
Prior Lake, MN 55372-1714
Re: Variance Applications, Brian O'Barski and Roland Haugh, City
of Prior Lake, Scott County
Dear Ms. Mitchell:
I have reviewed the City's notices of hearing regarding the above-
referenced variance applications and have the following comments to
offer:
1. Since the setbacks for the proposed O'Barski project are
consistent with adjacent properties, I have no objections to
the City granting the setback, impervious surface, and lot
area variances to Mr. O'Barski.
2. I have no objections to the City granting the 10' front yard
setback variance to Mr. Haugh.
Please contact me at 772-7910 should you have any questions.
~re1Y,
'1 Lynch
Area Hydrologist
MMjPL
AN EQUAL OPPORTUNITY EMPLOYER
)' rn @ rn DWrn""~
~( OCT 6 1994
~ cf/
RECEIPT
tin 24148
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(I l:) /} (/ tj
DATE
CITY 0 F
PRIOR LAKE
4629 DAKOTA STREET S.E., PRIOR LAKE. MN 55372
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Recei ved of /! () J 1\1 II (U,{lfJ'l/
Wh~se,,' a1d;,ess andh, ~,r I ega I de~~p,! ion 'j s
/ /i I ) t,' ({II '; f- ..Jtvr. ,) t , _
the sum of ''':/ //'-/ /1 /'-/ ,. r,~// (J (; {IlL' __~~... dollars
for the purpose of;;/ {1 / / (! I ! ('/ lJ. /~j)/I 0((/ (')j:(-.-/
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Reference Invoice No,
1/ ,(' /) /, / J -\t' / ( /, ( / (~_
Receipt Clerk for the City of Prior Lake
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KOHLRUSCH SCOTT/CARVER ABSTRACT CO., INC.
128 WEST THIRD AVENUE
P.O. BOX 355
SHAKOPEE, MINNESOTA 55379
(612) 445-1050
SEPTEMBER 27, 1994
According to the records in the Office of the County Treasurer, Scott
County, Minnesota, the following is a list of primary taxpayers of
property lying within 100' feet of the following described property:
That part of Government Lot 1, Section 2, Township 114, Range 22, Scott
County, Minnesota, described as follows:
Commencing at a point on the North line of said Section 2, distant 57 rods
and 4 links West of the Northeast corner of the Northwest Quarter of said
Section 2; thence South a distance of 270.00 feet to the point of
beginning of the tract of land to be described, thence West parallel with
said North line a distance of 42.00 feet; thence deflecting to the left at
an angle of 15 degrees 30 minutes 00 seconds a distance of 137.45 feet to
the Easterly right of way line of the Chicago, Milwaukee and St. Paul
Railroad; thence Southerly along said right of way line to its
intersection with a line drawn South from the point of beginning; thence
North a distance of 249.6 feet more or less to the point of beginning.
Raymond J. and Corrine Gormley
16048 West Avenue Southeast
Prior Lake, Minnesota 55372
Roland J. and Jeanette M. Haugh
16080 West Avenue Southeast
Prior Lake, Minnesota 55372
Clyde E. Reetz
4323 Dakota Street Southeast
Prior Lake, Minnesota 55372
Wade R. and Nancy J. Allison
4330 Dakota Street Southeast
Prior Lake, Minnesota 55372
Thomas W. and Stacey L. Foust
16051 West Avenue Southeast
Prior Lake, Minnesota 55372
Edgar M. Bennett
16031 West Avenue Southeast
Prior Lake, Minnesota 55372
Dated this 21st day of September,
1994 at 8 a.m.
(~~d0/ -
Wade Kohlrusch-Licensed ~bstracter
WK/k1s