PLANNING COMMISSION MEETING AGENDA September 25, 2017 ...
PLANNING COMMISSION MEETING AGENDA September 25, 2017 7:00pm 1) Call to Order a) Approval of Agenda b) Approval of Minutes – August 28, 2017 2) Public Hearings a) VARIANCE: Application from James R & Denita K Huisinga to reduce the required side yard setback from 15 feet to 12.4 feet and reduce the required riparian view shed setback from 94 feet to 80.1 feet to allow for a home addition and new deck at 5890 Hardscrabble Circle; R-1 Low Density Single Family Residence Zoning District; PID# 26-117-24-14-0013. b) VARIANCE: Application from Thomas & Patricia Scherber to reduce the required front yard setback from 35 feet to 26 feet and reduce the required lakeshore setback from 75 feet to 29 feet to allow for the construction of a new home at 3810 Enchanted Lane; R-1 Low Density Single Family Residence Zoning District; PID# 25-117-24-43-0004. c) VARIANCE: Application from Bryan J & Kristen J Ophaug to reduce the required side yard setbacks from 15 feet to 12.1 and 11.9 feet, on the north and south property lines respectively, to allow for a 14 foot deck at 5360 Eastview Avenue; R-1 Low Density Single Family Residence Zoning District; PID# 12-117-24-240005. The property had previously received a variance for a 10 foot deck. 3) Business Items a) None 4) Informational Items a) Staff Reports b) Council Reports 5) Adjournment
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The agenda packet with all background material is located at the back table for viewing by the public. Published agenda subject to change without notice. Information and materials relating to the above items are available for review at city hall by appointment.
The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character.
PLANNING COMMISSION MEETING MINUTES August 28, 2017 7:00pm 1) Call to Order Chair Sandholm opened the meeting at 7:00 p.m. In attendance: Commissioners: Chair Lora Sandholm, Peter Vickery, Damian Young, Justin Forbrook, and John Tschumperlin; Council Liaison: Pam Mortenson; Staff: City Planner Nickolas Olson and City Clerk Kris Linquist. Absent: Steve Livermore and Gary Pettis. a) Approval of Agenda
Motion by Vickery and seconded by Tschumperlin to approve the agenda as presented. Motion passed 5-0. Absent: Livermore and Pettis. b) Approval of Minutes – July 24, 2017
Motion by Young and seconded by Forbrook to approve the minutes from July 24, 2017 as presented. Motion passed 5-0. Absent: Livermore and Pettis. 2) Public Hearings a) VARIANCE: Application from Michael & Heather Meyer to reduce the required front yard setback from 50 feet to 42 feet to allow for a home remodel at 370 County Road 92; A Agriculture Zoning District; PID# 05-117-24-14-0003. Olson presented the staff report as found in the Planning Commission packet dated August 28, 2017. Mike Meyer, applicant, overviewed his remodel project. Chair Sandholm opened the public hearing at 7:03 p.m. There was no one present to speak on this item. Chair Sandholm closed the public hearing at 7:03 p.m. Motion by Tschumperlin and seconded by Young to recommend the City Council approve the requested front yard setback variance at 370 County
The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character.
Road 92 based on the findings of fact in the staff report and subject to the following conditions: 1. The Applicants obtain all necessary permits and approvals from the City and other applicable entities with jurisdiction prior to any construction; 2. Any required grading should maintain existing drainage patterns or improve the existing drainage of the lot and adjacent lots; 3. The Applicants are responsible for all fees incurred by the City in review of this application; and 4. The variance approval is valid for one year from the date of approval and will become void and expire unless a building permit has been issued for the site. Motion passed 5-0. Absent: Livermore and Pettis. b) ZONING AMENDMENT: Application from Jeffrey Martineau to adopt Ordinance 449 to rezone the property located at 1035 County Road 19 from R-2 Low-Medium Density Single Family Residence to PUD Planned Unit Development, PID# 12-117-24-14-0004. Item discussed along with Item c). This item was tabled at the July 24, 2017 meeting to be continued at the August 28, 2017 meeting. Olson presented the staff reports as found in the Planning Commission packet dated August 28, 2017. Jeff Martineau – applicant, 2565 North Shore Drive, Orono, overviewed the presentation. He presented examples of other developments in nearby communities that he has or currently is working on. He stated that the Villa home style concept is highly desirable in the housing market currently. The target group is for retired people or empty nesters. This development would create a sense of privacy by saving as many trees as possible. These houses are good quality homes. He would construct a city owned trail that would eventually hook up to another trail system. He would build a pond that would be maintained by the association. Young questioned the zoning of the PUD. Olson overviewed the reasoning for the rezoning of the property. Chair Sandholm opened the public hearing at 7:34 p.m. Ralph Harrison, 4935 Grandview Ave, Minnetrista, commented on preserving the current trees and the density of the PUD in comparison to the Red Oak development.
The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character.
Dean Bailey, 1055 County Road 19, Minnetrista, commented that Martineau showed him a plan with only 9 houses on it and preserving most of the trees. He has concerns with allowing 14 homes, set back issues and traffic issues. Ralph Harrison had more comments regarding the density. He stated that it does not follow the City’s comprehensive plan. Jeff Martineau commented that he has owned the property for 12 years and has always intended to develop the property. He stated that the reason for the Front Yard setback request is to minimize the removal of the trees in the rear of the lots. Chair Sandholm closed the public hearing at 7:51 p.m. Tschumperlin questioned if the PUD is not granted, what would be the process be the process. Olson explained that each lot would need to comply with the zoning code and would possibly require multiple variance requests. Chair Sandholm commented that with a PUD there would be a trail included. Another benefit to the city would be that there would be villa type houses in this area of the city, which it currently does not have. Chair Sandholm questioned if Martineau would have a problem meeting the requirements set by the engineer. Martineau stated that after consulting with his engineer, they felt there would not be a problem meeting the requirements. Motion by Vickery and seconded by Tschumperlin to recommend the City Council DENY Ordinance 449 to rezone 1035 County Road 19 from R-2 Low-Medium Density Single-Family Residence to PUD Planned Unit Development based on the following finding: 1) The trail is not enough benefit to the City to compromise density of the development. Motion passed 3-2. Opposed: Sandholm and Young. Absent: Livermore and Pettis. c) PLANNED UNIT DEVELOPMENT (PUD) PRELIMINARY PLAT: Application from Jeffrey Martineau to develop 14 single family lots on the property located at 1035 County Road 19, PID# 12-117-24-14-0004. Items b) and c) were discussed together as they are from the same Applicant and in reference to the same property. This item was tabled at the July 24, 2017 meeting to be continued at the August 28, 2017 meeting.
The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character.
Olson presented the staff reports as found in the Planning Commission packet dated August 28, 2017. Forbrook commented that it would be nice to see a plan of where all the trees would be located. Martineau stated that all the newly planted trees would be 25 feet in height and about six inches in diameter. Martineau stated that by not doing the PUD, the homes will get much larger, possibly two stories and will probably only decrease the amount of homes to 12. There would not be a pond or a trail included in the development and that more trees would be removed. Young commented that the development cannot be stopped. He is in favor of the PUD. He is trying to look at the larger picture and future development of the City. Chair Sandholm commented that she had hardcover concerns. Chair Sandholm opened the public hearing at 8:20 p.m. Ralph Harrison, 4935 Grandview Avenue, Minnetrista, commented on the density of the development is going against the comprehensive plan and that by allowing this PUD it would be setting a precedence for future developments. Jeff Martineau stated that he could meet the 30 feet Front Yard setback and the side yard setbacks but that would mean a lot of trees would be lost. Dean Bailey, 1055 County Road 19, Minnetrista, had more comments on the trees. Chair Sandholm closed the public hearing at 8:36 p.m. Young commented the setbacks should be as small as they could be to save as many trees as possible. Tschumperlin questioned the buyer defined homes. Martineau stated that there were 3 or 4 lots that would have to be custom designed to fit the lots. Motion by Vickery and seconded by Tschumperlin to recommend the City Council DENY the requested preliminary plat to develop 14 single family units at the property of 1035 County Road 19 based on the following findings: 1) The density of the development 2) How the Tree Plan would work
The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character.
Positives: 1) 2) 3) 4)
Interest in different housing types See another option for the City Council Lesser setbacks to allow for more tree preservation Difference in cul-de-sacs, the one that would have lesser tree removal Motion passed 3-2. Opposed: Sandholm and Young. Absent: Livermore and Pettis. 3) Business Items - None 4) Informational Items a) Staff Reports – City Planner Nickolas Olson 1) Items for next Planning Commission meeting 2) Update on Serenity Hills development b) Council Reports – Councilmember Pam Mortenson
1) City Campus Plan on hold until Budget process is complete 2) Preliminary Budget approval will be voted on shortly 3) Community Survey 5) Adjournment Motion by Young and seconded by Vickery to adjourn the meeting at 9:01 p.m. Motion passed 5-0. Absent: Livermore and Pettis. Respectfully submitted,
Kris Linquist Kris Linquist City Clerk
The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character.
CITY OF MINNETRISTA PUBLIC HEARING
Subject:
VARIANCE: Application from James R & Denita K Huisinga to reduce the required side yard setback from 15 feet to 12.4 feet and reduce the required riparian view shed setback from 94 feet to 80.1 feet to allow for a home addition and new deck at 5890 Hardscrabble Circle; R-1 Low Density Single Family Residence Zoning District; PID# 26-117-24-14-0013.
Prepared By:
Nickolas Olson, City Planner
Meeting Date:
September 25, 2017
Overview: Jim & Nita Huisinga (the “Applicants”) have requested a side yard setback variance to reduce the required setback from 15 feet to 12.4 feet for a home addition and a riparian view shed setback variance to reduce the required setback from 94 to 80.1 feet for a new deck at 5890 Hardscrabble Circle (the “Property”). Background: The Applicants purchased the Property in May of 2016. The existing home on the Property was built in 1975. Currently, the existing home does not meet the required riparian view shed setback. Part of this is due to the neighboring home (to the south) recently being demolished and rebuilt. When that home rebuilt, the home was pulled back a few feet away from the lakeshore. While this did not have a major impact on the request this evening, it does make the situation more challenging as any lakeside addition would require a variance. The common property line between the Property and the home to the south is heavily wooded (see attached photos), which makes the impact of the deck on the neighbor’s riparian view far less impactful for most of the year. The home to the north is also far closer to the lake than the Applicants home, therefore they are not likely to be impacted by the deck request. As part of the request, the Applicants are also adding on a dining room off of the kitchen. Given the location of the kitchen, the proposed location makes the most sense in terms of functionality. Staff has worked with the Applicants to minimize the request as much as possible. The Applicants have also designed the roofline of the addition which encroaches into the side yard setback to have a lower pitch, thus helping to minimize the impact on the neighboring property. The home to the north is over 66 feet away from the common property line, which will also minimize the impact of the proposed addition. The neighbor to the south should not be impacted by the proposed addition.
Mission Statement: The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character.
As you will see later in the staff report, Staff has not received comments from anyone regarding this request, specifically from either the neighbor to the south or the neighbor to the north. Variance Request: City Code Section 505.05 Subd. 9 allows the City to issue variances from the provisions of the zoning code. A variance is a modification or variation of the provisions of the zoning code as applied to a specific piece of property. A variance is only permitted when: a. It is in harmony with the general purposes and intent of this ordinance Section 505.03 of City Code outlines the purpose and intent of the City’s zoning regulations. In review of the Applicants proposal, it is consistent with this section. The proposal will not negatively affect the general public health, safety, morals, comfort, and general welfare of the inhabitants of the city. b. The variance is consistent with the comprehensive plan. The Property is currently being used as a single family dwelling, consistent with the zoning and guided land use designation of the Property. The proposed addition and deck will not change the use of the Property and there will be no change in neighboring views or impacts to sensitive environmental features. A variance may be granted when the applicant establishes there are practical difficulties in complying with this ordinance. Practical difficulties, as used in connection with granting a variance, means: 1. The property owner proposes to use the property in a reasonable manner not permitted by this ordinance. The existing home does not currently have a deck. Having a deck on a lakeside home is reasonable for proper enjoyment of the lakeside yard. Given the location of the homes to the north and south, the home on the Property does not meet the required riparian view shed setback. This means any deck added onto the home would require the Applicants to apply for a variance. The proposed deck is reasonable because it meets the minimum required lakeshore setback of 75 feet. The home addition allows for the Applicants to have a dinning room off of the kitchen. This is the most appropriate location for this space, however the location of the home relative the side lot line does not allow for a reasonable size addition with the setback requirements. The Applicants have also worked with their Architect to design the roofline of the addition to be as least impactful as possible. 2. The plight of the landowner is due to circumstances unique to the property not created by the landowner. The Applicants purchased the Property with the home in its current location. The existing home does not meet the riparian view shed setback and does not currently have a deck, which are existing conditions when the home was purchased. A Mission Statement: The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character.
lakeshore property not having a deck is unique, especially since both neighboring homes have decks and/or patios. The home is also located much closer to the north property line than the south property line. Given the floor plan of the current home and location of the kitchen, it is more reasonable and least impactful to add on the dining room to the north. 3. The variance would not alter the essential character of the locality. The size and height of the addition have been carefully considered by the Applicants and designed by their architect in a way to be the least intrusive. The resulting addition does not result in an increase in building height, as the roof of the addition is actually being kept down to minimize the impact to neighbors, nor does it result in a home that is out of character in terms of size and massing. Decks are commonly seen on lakeshore properties, including in this neighborhood. The current home does not have a deck, which is actually out of character. The addition of the deck on the Property will not impact the character of the neighborhood. Neighborhood Comments: Staff sent notices to all residents within 500 feet of the subject property. To date, staff has not received any comments or concerns from neighbors in regards to the requested variance. Conclusion: The Planning Commission should review the staff report and hold a public hearing. After holding a public hearing, findings of fact should be established as to why the request should be approved or denied. Findings of fact made by staff are as follows: 1. The proposed addition and deck project is in harmony with the general purposes and intent of the City’s zoning ordinance; 2. The proposed addition and deck project is consistent with the City’s comprehensive plan; 3. The existing home does not currently have a deck; 4. The proposed deck meets the minimum required lakeshore setback of 75 feet; 5. The proposed addition has been designed to keep the roofline lower than the existing roof to help minimize the impact of the encroachment into the side yard setback requirement; 6. The existing home is not centered on the lot and is much closer to the northern property line. This is the most reasonable location for the dining room addition given the existing floor plan of the home; 7. The existing home does not meet the required riparian view shed setback, which means any deck would require a variance. This presents a unique circumstance to the Applicants that they did not create; and Mission Statement: The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character.
8. The proposed addition and deck project results in a home similar in size and massing to that of neighboring homes, consistent with the character of the neighborhood. Recommended Action: Motion to recommend the City Council approve the requested side yard setback variance and riparian view shed setback variance at 5890 Hardscrabble Circle based on the findings of fact in staff report and subject to the following conditions: 1. The Applicants obtain all necessary permits and approvals from the City and other applicable entities with jurisdiction prior to any construction; 2. Any required grading should maintain existing drainage patterns or improve the existing drainage of the lot and adjacent lots; 3. The Applicants are responsible for all fees incurred by the City in review of this application; and 4. The variance approval is valid for one year from the date of approval and will become void and expire unless a building permit has been issued for the site. Attachments: 1. Location Map 2. Narrative from Applicants 3. Photographs from Applicants 4. Proposed Survey 5. Proposed Floor Plan 6. Proposed Elevations
Mission Statement: The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character.
5890 Hardscrabble Circle
1 inch = 94 feet
September 12, 2017 Map Powered by DataLink from WSB & Associates
Having recently purchased this property last May, 2016, my wife and I believe the house and lake setting was a desirable and beautiful place to call home. Unfortunately, the present dwelling does not lend itself to connecting with the out of doors and lake-front scape.
Our intention is to update the existing home (built in 1975) to encompass the lake view and provide a functional entrance that would “open up” the outdoor beauty of the property. In accordance with the Minnetrista Comprehensive Plan to conserve, protect and enhance the existing dwelling and without removing the home completely, we strive to protect the established green-scape by building the proposed additions rendering the existing home more functional and current.
We respectively submit the practical difficulties we face and are stated as follows:
1) Lake access/outdoor area does not exist on the lake side of existing home
2) Current dwelling lacks a family dining/serving space
After consulting with Jeff Murphy’s Architectural design team, we have determined these proposed changes best meet the objectives, all well keeping and utilizing the property in a reasonable manner. Together, we believe these changes will update and upgrade a 1975 build into an appealing and well-suited lake home.
While the proposed deck allows for a minimum 80’ setback (more than the required 75’) from our lake front, the plight we face is two-fold;
1) Our shoreline extends farther than both neighbors directly adjacent to us.
2) In addition, one of our neighbors purchased two lots that allowed him to proceed to build an exceptionally large home and choose to position the home farther from the lake. For his action, we ask for your consideration to be given when examining our proposal.
Lastly, the current dwelling lacks a family dining/serving space and needs to be in direct proximity to the kitchen. Unfortunately, it cannot be reasonably placed in any other location.
In closing, if the variance is granted we believe the essential character of the locality would not be altered as described in the following way herein by our architect:
“We kept the existing gable in it’s current location, and created a lower roof slope over the addition to minimize the mass of the building as it approached the neighbors (this should show the city that we’re being respectful of the neighbors by minimizing the building height where it encroaches on the side setback).”
17917 Highway No. 7 Minnetonka, Minnesota 55345 Phone (952) 474-7964 Web: www.advsur.com
Joshua S. Rinke
# 52716 LICENSE NO.
AUGUST 11, 2017 DATE:
DRAWING ORIENTATION & SCALE
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GRADING & EROSION CONTROL NOTES:
LEGAL DESCRIPTION: Lot 1, Block 1, Elliasen Boedecker Addition, Hennepin County, Minnesota. SCOPE OF WORK & LIMITATIONS: 1. Updated previous survey completed by Advance Surveying & Engineering Co, signed by James Parker (RLS 9235), dated September, 2015. This survey should be considered an update thereof. 2. Showing elevations on the site at selected locations to give some indication of the topography of the site. We have also provided a benchmark for your use in determining elevations for construction on this site. The elevations shown relate only to the benchmark provided on this survey. Use that benchmark and check at least one other feature shown on the survey when determining other elevations for use on this site or before beginning construction. 3. This survey has been completed without the benefit of a current title commitment. There may be existing easements or other encumbrances that would be revealed by a current title commitment. Therefore, this survey does not purport to show any easements or encumbrances other than the ones shown hereon. 4. While we show a proposed location for this home or addition, we are not as familiar with your proposed plans as you, your architect, or the builder are. Review our proposed location of the improvements and proposed yard grades carefully to verify that they match your plans before construction begins. Also, we are not as familiar with local codes and minimum requirements as the local building and zoning officials in this community are. Be sure to show this survey to said officials, or any other officials that may have jurisdiction over the proposed improvements and obtain their approvals before beginning construction or planning improvements to the property. 5. Note that all building dimensions and building tie dimensions to the property lines, are taken from the siding and or stucco of the building. 6. While we show the building setback lines per the City of Minnetrista web site, we suggest you show this survey to the appropriate city officials to be sure that the setback lines are shown correctly. Do this BEFORE you use this survey to design anything for this site. STANDARD SYMBOLS & CONVENTIONS: "●" Denotes iron survey marker, found, unless otherwise noted.
BEFORE DEMOLITION AND GRADING BEGIN Install silt fence/bio roll around the perimeter of the construction area. Sediment control measures must remain in place until final stabilization has been established and then shall be removed. Sediment controls may be removed to accommodate short term construction activity but must be replaced before the next rain. A temporary rock construction entrance shall be established at each access point to the site and a 6 inch layer of 1 to 2 inch rock extending at least 50 feet from the street into the site and shall be underlain with permeable geotextile fabric. The entrance shall be maintained during construction by top dressing or washing to prevent tracking or flow of sediments onto public streets, walks or alleys. Potential entrances that are not so protected shall be closed by fencing to prevent unprotected exit from the site. DURING CONSTRUCTION: When dirt stockpiles have been created, a double row of silt fence shall be placed to prevent escape of sediment laden runoff and if the piles or other disturbed areas are to remain in place for more than 14 days, they shall be seeded with Minnesota Department of Transportation Seed Mixture 22-111 at 100 lb/acre followed by covering with spray mulch. A dumpster shall be placed on the site for prompt disposal of construction debris. These dumpsters shall be serviced regularly to prevent overflowing and blowing onto adjacent properties. Disposal of solid wastes from the site shall in accordance with Minnesota Pollution Control Agency requirements. A separate container shall be placed for disposal of hazardous waste. Hazardous wastes shall be disposed of in accordance with MPCA requirements. Concrete truck washout shall be in the plastic lined ditch and dispose of washings as solid waste. Sediment control devices shall be regularly inspected and after major rainfall events and shall be cleaned and repaired as necessary to provide downstream protection. Streets and other public ways shall be inspected daily and if litter or soils has been deposited it shall promptly be removed. If necessary, vehicles, that have mud on their wheels, shall be cleaned before exiting the site in the rock entrance areas Moisture shall be applied to disturbed areas to control dust as needed. Portable toilet facilities shall be placed on site for use by workers and shall be properly maintained.
SURVEYED DATE: SEPTEMBER, 2015 DRAFTED DATE: AUGUST 11, 2017 SHEET TITLE
If it becomes necessary to pump the excavation during construction, pump discharge shall be into the stockpile areas so that the double silt fence around these areas can filter the water before it leaves the site. Temporary erosion control shall be installed no later than 14 days after the site is first disturbed and shall consist of broadcast seeding with Minnesota Department of Transportation Seed Mixture 22-111 at 100 lb/acre followed by covering with spray mulch. SITE WORK COMPLETION: When final grading has been completed but before placement of seed or sod an “as built” survey shall be done per City of Minnetrista requirements to insure that grading was properly done. When any remedial grading has been completed, sod or seeding shall be completed including any erosion control blankets for steep areas. When turf is established, silt fence and inlet protection and other erosion control devices shall be disposed of and adjacent streets, alleys and walks shall be cleaned as needed to deliver a site that is erosion resistant and clean. Contractor shall maintain positive drainage of a minimum 2% slope away from proposed building.
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L IV IN G A R E A 2 4 2 5 S Q F T
CITY OF MINNETRISTA PUBLIC HEARING
Subject:
VARIANCE: Application from Thomas & Patricia Scherber to reduce the required front yard setback from 35 feet to 26 feet and reduce the required lakeshore setback from 75 feet to 29 feet to allow for the construction of a new home at 3810 Enchanted Lane; R-1 Low Density Single Family Residence Zoning District; PID# 25-117-24-43-0004.
Prepared By:
Nickolas Olson, City Planner
Meeting Date:
September 25, 2017
Overview: Thomas & Patricia Scherber (the “Applicants”) have requested a front yard setback variance to reduce the required setback from 35 feet to 26 feet and reduce the required lakeshore setback from 75 feet to 29 feet to allow for the construction of a new home at 3810 Enchanted Lane (the “Property”). Background: The Applicants purchased the Property in 2017 with the idea of building a new retirement home. The existing home on the Property was built in 1935 and, from talking with the Applicants, is in poor condition from water damage. Soon after purchasing the home, the Applicants’ Project Manager, Bruce Anderson, reached out to staff to discuss the Property. The Property presents many challenges for the Applicants. One of the primary challenges is that Enchanted Lane does not travel within the platted right-of-way. It actually travels on the Applicants Property. Due to this fact, the buildable area of the Property is significantly reduced when setbacks are applied. Historically, in situations such as this, staff has applied the 35 foot front setback requirement from the edge of the road. When this is applied, along with the required 75 foot lakeshore setback and 15 foot side yard setback requirements, the resulting building pad does not allow for a reasonable size home. Hardcover is not an issue as the Applicants are proposing 19.2%, which is well under the maximum of 25%. Going back to the issue of Enchanted Lane not travelling within platted right-of-way as it relates to hardcover, staff has determined the most fair way to address the situation is to remove amount of road that is on the Property (in square feet) from the total lot area and allow for a maximum of 25% of the remaining lot area. This is shown on the attached survey. Mission Statement: The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character.
In meeting with the Applicants and their Project Manager to determine a reasonable request, staff advised them to consider the location of the neighboring homes to determine the appropriate magnitude of the variance requests. The Applicants proposal reflects the conversations with staff regarding a reasonable request. Variance Request: City Code Section 505.05 Subd. 9 allows the City to issue variances from the provisions of the zoning code. A variance is a modification or variation of the provisions of the zoning code as applied to a specific piece of property. A variance is only permitted when: a. It is in harmony with the general purposes and intent of this ordinance Section 505.03 of City Code outlines the purpose and intent of the City’s zoning regulations. In review of the Applicants proposal, it is consistent with this section. The proposal will not negatively affect the general public health, safety, morals, comfort, and general welfare of the inhabitants of the city. b. The variance is consistent with the comprehensive plan. The Property is currently being used as a single family dwelling, consistent with the zoning and guided land use designation of the Property. The proposed new home will not change the use of the Property and there will be no change in neighboring views or impacts to sensitive environmental features as the proposed new home maintains similar setbacks to that of neighboring homes. A variance may be granted when the applicant establishes there are practical difficulties in complying with this ordinance. Practical difficulties, as used in connection with granting a variance, means: 1. The property owner proposes to use the property in a reasonable manner not permitted by this ordinance. The Applicants are proposing to build a reasonably sized single family home on the Property. Zoning requirements for the front and lakeshore setbacks do not result in a building pad that is large enough for a reasonable sized home. They have designed a home that maintains similar lakeshore and front setbacks to that of the homes directly on either side of the Property, which is a reasonable request. 2. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Enchanted Lane does not travel within platted right-of-way. The road actually travels on the Property. In situation like this, staff has previously enforced the from setback requirement from the edge of the asphalt of the traveled road. It is because of this fact that the size of the building pad for the Property is significantly reduced, which presents a unique circumstance that the Applicants did not create.
Mission Statement: The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character.
3. The variance would not alter the essential character of the locality. The proposed lakeshore and front yard setbacks are consistent with that of neighboring homes. The proposed home is within the maximum building height requirements and in terms of size and massing relative to the Property, the proposed home is consistent with neighboring homes. For these reasons, the proposed home should not alter the character of the neighborhood. Neighborhood Comments: Staff sent notices to all residents within 500 feet of the subject property. To date, staff has not received any comments or concerns from neighbors in regards to the requested variance. Conclusion: The Planning Commission should review the staff report and hold a public hearing. After holding a public hearing, findings of fact should be established as to why the request should be approved or denied. Findings of fact made by staff are as follows: 1. The proposed new home is in harmony with the general purposes and intent of the City’s zoning ordinance; 2. The proposed new home is consistent with the City’s comprehensive plan; 3. The proposed new home maintains front yard and lakeshore setbacks similar to that of other neighboring homes, which is a reasonable request; 4. Enchanted Lane does not travel within platted right-of-way and actually travels on the Property. It is because of this fact that the size of the building pad for the Property is significantly reduced, which presents a unique circumstance that the Applicants did not create.; and 5. The proposed new home is within the maximum building height requirements and in terms of size and massing relative to the Property, the proposed home is similar to neighboring homes, which is consistent with the character of the neighborhood. Recommended Action: Motion to recommend the City Council approve the requested front yard setback variance and lakeshore setback variance at 3810 Enchanted Lane based on the findings of fact in staff report and subject to the following conditions: 1. The Applicants obtain all necessary permits and approvals from the City and other applicable entities with jurisdiction prior to any construction; 2. Any required grading should maintain existing drainage patterns or improve the existing drainage of the lot and adjacent lots; 3. The Applicants are responsible for all fees incurred by the City in review of this application; and 4. The variance approval is valid for one year from the date of approval and will become void and expire unless a building permit has been issued for the site. Attachments: 1. Location Map Mission Statement: The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character.
2. 3. 4. 5.
Narrative from Applicants Proposed Survey Proposed Floor Plan Proposed Elevations
Mission Statement: The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character.
3810 Enchanted Lane
1 inch = 94 feet
September 12, 2017 Map Powered by DataLink from WSB & Associates
CITY OF MINNETRISTA PUBLIC HEARING
Subject:
VARIANCE: Application from Bryan J & Kristen J Ophaug to reduce the required side yard setbacks from 15 feet to 12.1 and 11.9 feet, on the north and south property lines respectively, to allow for a 14 foot deck at 5360 Eastview Avenue; R-1 Low Density Single Family Residence Zoning District; PID# 12-117-24-24-0005. The property had previously received a variance for a 10 foot deck.
Prepared By:
Nickolas Olson, City Planner
Meeting Date:
September 25, 2017
Overview: Bryan J & Kristen J Ophaug (the “Applicants”) have requested side yard setback variances to reduce the required side yard setbacks from 15 feet to 12.1 and 11.9 feet, on the north and south property lines respectively, to allow for a 14 foot deck at 5360 Eastview Avenue (the “Property”). Background: As the Planning Commission may recall, this is the third time the Applicants have applied for a variance at the Property. The previous variances were the same side yard setbacks as proposed tonight that allowed for a home remodel, which included a second level, and a greater side yard setback variance to allow the Applicants to move the proposed attached garage closer to the north property line in order to make the garage more functional. The proposal up for review this evening is to allow for the Applicants to build a 14 foot deck in lieu of the previous proposed and approved 10 foot deck. When the Applicants made their first application, it was believed they were proposing the maximum size deck that met the required riparian view shed setback. However, the survey did not show the decks of the two neighboring homes. The riparian view shed setback ordinance does state that decks should be included when determining the required setback. The revised survey, which is attached for review, now shows the decks of the neighboring homes and the proposed 14 foot deck. As can be seen, the new proposed 14 foot deck meets both the riparian view shed setback as well as the minimum required lakeshore setback. It does not, however, meet the required side yard setbacks. Thus are variance is required to allow for the larger deck.
Mission Statement: The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character.
Variance Request: City Code Section 505.05 Subd. 9 allows the City to issue variances from the provisions of the zoning code. A variance is a modification or variation of the provisions of the zoning code as applied to a specific piece of property. A variance is only permitted when: a. It is in harmony with the general purposes and intent of this ordinance Section 505.03 of City Code outlines the purpose and intent of the City’s zoning regulations. In review of the Applicants proposal, it is consistent with this section. The proposal will not negatively affect the general public health, safety, morals, comfort, and general welfare of the inhabitants of the city. The proposed 14 foot deck meets the required riparian view shed setback and does not encroach future into the required side yard setbacks than previously approved. b. The variance is consistent with the comprehensive plan. The Property is currently being used as a single family dwelling, consistent with the zoning and guided land use designation of the Property. The proposed deck will not change the use of the Property and there will be no change in neighboring views or impacts to sensitive environmental features as it is consistent with the neighboring homes by meeting the required riparian view shed setback. A variance may be granted when the applicant establishes there are practical difficulties in complying with this ordinance. Practical difficulties, as used in connection with granting a variance, means: 1. The property owner proposes to use the property in a reasonable manner not permitted by this ordinance. The proposed increase in size from a 10 foot deck that was previously approved to a 14 foot deck is a reasonable request because there is no further encroachment into the side yard setbacks than previously approved and the 14 foot deck meets the required riparian view shed setback when the neighboring decks are included as stated by ordinance. A 14 foot deck also allows for a more useable and functional lakeside area. 2. The plight of the landowner is due to circumstances unique to the property not created by the landowner. The Applicants purchased the Property with the home in its current location. They previously received approval to remodel the home with a second story and a 10 foot deck. The proposed 14 deck maintains the side yard setbacks of the home and deck as previously approved and whose location did not move nor was not created by the Applicants. 3. The variance would not alter the essential character of the locality. The proposed 14 deck does not extend closer to the side yards than the existing home currently being remodeled and the proposed deck meets the required Mission Statement: The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character.
riparian view shed setback. The proposed deck is in line and consistent with the homes on either side of the property. Neighborhood Comments: Staff sent notices to all residents within 500 feet of the subject property. To date, staff has spoken with one neighbor in regards to the requested variance. The neighbor was looking for clarification with the variance request. Conclusion: The Planning Commission should review the staff report and hold a public hearing. After holding a public hearing, findings of fact should be established as to why the request should be approved or denied. Findings of fact made by staff are as follows: 1. The proposed 14 foot deck is in harmony with the general purposes and intent of the City’s zoning ordinance; 2. The proposed 14 foot deck is consistent with the City’s comprehensive plan; 3. The proposed increase in size from the previously approved 10 foot deck to a 14 foot deck is a reasonable request because there is no further encroachment into the side yard setbacks than previously approved and the 14 foot deck meets the required riparian view shed setback when the decks of neighboring homes are included as stated by ordinance; 4. The Applicants purchased the Property with the home in its current location and previously received approval in 2016 to remodel the home with a second story and a 10 foot deck. The proposed 14 deck maintains the side yard setbacks of the home and deck as previously approved and whose location did not move nor was not created by the Applicants; and 5. The proposed 14 foot deck is in line with the homes on either side of the property, consistent with the character of the locality. Recommended Action: Motion to recommend the City Council approve the requested side yard setback variances at 5360 Eastview Avenue based on the findings of fact in staff report and subject to the following conditions: 1. The Applicants obtain all necessary permits and approvals from the City and other applicable entities with jurisdiction prior to any construction; 2. Any required grading should maintain existing drainage patterns or improve the existing drainage of the lot and adjacent lots; 3. The Applicants are responsible for all fees incurred by the City in review of this application; and 4. The variance approval is valid for one year from the date of approval and will become void and expire unless a building permit has been issued for the site. Attachments: 1. Location Map 2. Narrative from Applicants Mission Statement: The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character.
3. Proposed Survey 4. Proposed Floor Plan
Mission Statement: The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character.
5360 Eastview Avenue
1 inch =
November 21, 2016 Map Powered by DataLink from WSB & Associates
94 feet
Written Statement c. We are seeking a variance to increase the deck from 10 ft to 14 ft. d. The proposed deck is less than the average deck setback of neighbors. The existing deck is 12 ft. e. We have reviewed our project with Nick Olson who was very helpful. f. Our proposal is in harmony with the intent of the Minnetrista Code by controlling the scale and massing, allowing adequate light and air, preventing over crowding or congestion, protecting the value of the land with good design standards, orderly site layout and land use, adequate drainage, and wise use of our lot. g. This conforms to the lot and neighborhood. i. The owner proposes to use the property as permitted by Minnetrista City Code. ii. The plight of the landowner is due to circumstances unique to the property and not created by the landowner. iii. The variance, if granted, would not alter the essential character of the locality. h. This request is not based exclusively upon a desire to increase the value of the land but to design a more liveable and useable deck that fits the house and the lake location. i. This variance will not: 1) adversely affect the health or safety of persons residing or working in the neighborhood; 2) impair an adequate supply of light and air to adjacent properties; 3) be injurious to property or improvements in the neighborhood; 4) increase the congestion on public streets; 5) endanger public safety; 6) or substantially diminish or impair property values within the neighborhood. Thank you.
LEGAL DESCRIPTION: Lot 3, Block 2, EASTVIEW PARK, Hennepin County, Minnesota.
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SCOPE OF WORK & LIMITATIONS: 1. Showing the length and direction of boundary lines of the legal description listed above. The scope of our services does not include determining what you own, which is a legal matter. Please check the legal description with your records or consult with competent legal counsel, if necessary, to make sure that it is correct and that any matters of record, such as easements, that you wish to be included on the survey have been shown. 2. Showing the location of observed existing improvements we deem necessary for the survey. 3. Setting survey markers or verifying existing survey markers to establish the corners of the property. 4. Showing and tabulating impervious surface coverage of the lot for your review and for the review of such governmental agencies that may have jurisdiction over these requirements to verify they are correctly shown before proceeding with construction. 5. Showing elevations on the site at selected locations to give some indication of the topography of the site. We have also provided a benchmark for your use in determining elevations for construction on this site. The elevations shown relate only to the benchmark provided on this survey. Use that benchmark and check at least one other feature shown on the survey when determining other elevations for use on this site or before beginning construction. 6. Note that all building dimensions and building tie dimensions to the property lines, are taken from the siding and or stucco of the building. 7. While we show a proposed location for this home or addition, we are not as familiar with your proposed plans as you, your architect, or the builder are. Review our proposed location of the improvements and proposed yard grades carefully to verify that they match your plans before construction begins. Also, we are not as familiar with local codes and minimum requirements as the local building and zoning officials in this community are. Be sure to show this survey to said officials, or any other officials that may have jurisdiction over the proposed improvements and obtain their approvals before beginning construction or planning improvements to the property. 8. While we show the building setback lines per the City of Minnetrista web site, we suggest you show this survey to the appropriate city officials to be sure that the setback lines are shown correctly. Do this BEFORE you use this survey to design anything for this site.
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STANDARD SYMBOLS & CONVENTIONS: " " Denotes iron survey marker, set, unless otherwise noted.
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eto
GRADING & EROSION CONTROL NOTES: Streets and other public ways shall be inspected daily and if litter or soils has been deposited it shall promptly be removed.
BEFORE DEMOLITION AND GRADING BEGIN
Install silt fence/bio roll around the perimeter of the construction area.
If necessary, vehicles, that have mud on their wheels, shall be cleaned before exiting the site in the rock entrance areas
Sediment control measures must remain in place until final stabilization has been established and then shall be removed. Sediment controls may be removed to accommodate short term construction activity but must be replaced before the next rain.
Moisture shall be applied to disturbed areas to control dust as needed.
A temporary rock construction entrance shall be established at each access point to the site and a 6 inch layer of 1 to 2 inch rock extending at least 50 feet from the street into the site and shall be underlain with permeable geotextile fabric. The entrance shall be maintained during construction by top dressing or washing to prevent tracking or flow of sediments onto public streets, walks or alleys. Potential entrances that are not so protected shall be closed by fencing to prevent unprotected exit from the site.
Portable toilet facilities shall be placed on site for use by workers and shall be properly maintained. If it becomes necessary to pump the excavation during construction, pump discharge shall be into the stockpile areas so that the double silt fence around these areas can filter the water before it leaves the site. Temporary erosion control shall be installed no later than 14 days after the site is first disturbed and shall consist of broadcast seeding with Minnesota Department of Transportation Seed Mixture 22-111 at 100 lb/acre followed by covering with spray mulch. SITE WORK COMPLETION: survey shall be done per City of Minnetrista requirements to insure that grading was properly done.
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A dumpster shall be placed on the site for prompt disposal of construction debris. These dumpsters shall be serviced regularly to prevent overflowing and blowing onto adjacent properties. Disposal of solid wastes from the site shall in accordance with Minnesota Pollution Control Agency requirements.
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DURING CONSTRUCTION: When dirt stockpiles have been created, a double row of silt fence shall be placed to prevent escape of sediment laden runoff and if the piles or other disturbed areas are to remain in place for more than 14 days, they shall be seeded with Minnesota Department of Transportation Seed Mixture 22-111 at 100 lb/acre followed by covering with spray mulch.
When any remedial grading has been completed, sod or seeding shall be completed including any erosion control blankets for steep areas.
A separate container shall be placed for disposal of hazardous waste. Hazardous wastes shall be disposed of in accordance with MPCA requirements.
When turf is established, silt fence and inlet protection and other erosion control devices shall be disposed of and adjacent streets, alleys and walks shall be cleaned as needed to deliver a site that is erosion resistant and clean.
Concrete truck washout shall be in the plastic lined ditch and dispose of washings as solid waste.
Av e
enu
Sediment control devices shall be regularly inspected and after major rainfall events and shall be cleaned and repaired as necessary to provide downstream protection.
EXISTING HARDCOVER House 1,085 Existing Deck 196 Gravel Driveway 479 Garage 448 Concrete Surfaces 379 Ret. Walls 17
Sq. Sq. Sq. Sq. Sq. Sq.
PROPOSED HARDCOVER House 2,179 Gravel Driveway 862 Concrete Motor Court 759 Concrete Walk 39 Porch/Steps 92 Ret. Walls (not under deck) 13
Ft. Ft. Ft. Ft. Ft. Ft.
TOTAL PROPOSED HARDCOVER AREA OF LOT TO OHW
2,604 Sq. Ft. 17,034 Sq. Ft.
PERCENTAGE OF HARDCOVER TO LOT
15.3%
Ft. Ft. Ft. Ft. Ft.
Sq. Ft.
3,931 Sq. Ft. 17,034 Sq. Ft.
PERCENTAGE OF HARDCOVER TO LOT TOTAL EXISTING HARDCOVER AREA OF LOT TO OHW
Sq. Sq. Sq. Sq. Sq.
23.0%
*PROPOSED DECK AREA OF 580 SQ. FT. NOT INCLUDED IN TABULATION BECAUSE DECK SPACING IS PROPOSED @ 1/4" IN WIDTH.*
ADVANCE SURVEYING & ENGINEERING, INC. APRIL 11, 2016 Joshua S. Rinke
0
20
40
17917 Highway 7 Minnetonka, Minnesota 55345 Phone (952) 474-7964 Web: www.advsur.com
# 52716 LICENSE NO.
NOVEMBER 22, 2016
S1
NOVEMBER 22, 2016 DATE
SHEET 1 OF 1
C
HOUSE EPDM ADHERED MEMBRANE ALTERNATE: GALVALUME STANDING SEAM 1:12
8'-4"
48'-0"
3
DIVERTER
15'-8"
24'-0"
ENU EASTVIEW AV
GALVALUME GUTTERS AND DOWNSPOUTS
14'-0"
24'-0"
CONCRETE MOTOR COURT
E
REMOVE EXISTING GARAGE
14'-0" NEW DECK GALVALUME GUTTERS AND DOWNSPOUTS
GRAVEL DRIVEWAY
12'-0" EXISTING DECK 11'-11"
15'-0" SETBACK
4
ONKA LAKE MINNET
GARAGE EPDM ADHERED MEMBRANE ALTERNATE: GALVALUME STANDING SEAM 1:12
26'-2"
AVERAGE DECK SETBACK 41'-4"
2
14'-8"
E 12'-11"
GALVALUME GUTTERS AND DOWNSPOUTS
8'-4"
1
D
DECK W/ 1/4" SPACING
76'-8"
36'-0"
7'-0"
NOTE: SILT FENCE SEE 12&13/9 BERM FOR DRAINAGE (SEE SURVEY) TRIM TREES AS NECESSARY FOR CONSTRUCTION
B 15'-0" 2'-1" SETBACK
A
SEE SURVEY
Ophaug Residence 5360 Eastview Avenue Minnetrista, MN
SITE PLAN/ ROOF PLAN C 3 6
B 76'-8"
36'-0"
D
C
1 8'-4"
15'-0"
A
D
14'-8"
3 6
14'-0"
2'-1"
2
26'-2"
E
12'-11"
B
12'-11"
3 6
E
15'-0" SETBACK
D
7'-0"
C
7'-5"
B
SCALE: 1"=10'-0"
15'-0"
1 2
1 7
24'-0"
1 7
8'-4"
8'-4"
DR
24'-0"
W
CONCRETE MOTOR COURT
14'-0" NEW DECK 134.05 sq ft
GRAVEL DRIVEWAY 859.89 sq ft R
1,318.63 sq ft 48.89 sq ft
1 6
1 6
997.56 sq ft 1,319.67 sq ft 11'-11"
391.17 sq ft
15'-0" SETBACK
1,322.82 sq ft 1,084.68 sq ft
11'-11"
15'-0"
4
12'-0" EXISTING DECK
SEE SURVEY
41'-4"
3
8 6
2 6
AVERAGE DECK SETBACK
4 6
DECK W/ 1/4" SPACING
15'-8"
DN
48'-0"
15'-8"
15'-8"
864.00 sq ft
1 Motor court 2 Entrance 3 Kitchen 4 Pantry 5 Dining 6 Living 7 Headquarters 8 Half bath 9 Deck 10 Mudroom 11 Garage 12 13 14 15 16 17 18 19
M bedroom M Closet M Bath Laundry Library Bedroom Bedroom Bathroom
20 21 22 23 24 25 26 27
Stair Storage Storage Bathroom Bedroom Recreation Patio Mechanical
I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Licensed Architect under the laws of the State of Minnesota. _______________________________________ Rolf Lokensgard March 14, 2017 14205 Date_____________Registration No.________ Revisions: _______________________________________ 3.14.17 SUBMIT FOR PERMIT _______________________________________ 7.10.17 DECK AVERAGE SETBACK _______________________________________ _______________________________________ 8.25.17 VARIANCE FOR 14 FT DECK _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ ALL CONTRACTORS ANDSUBCONTRACTORS SHALL VERIFY ALL CONDITIONS AND DIMENSIONS AT THE BUILDING AND/OR SITE.
1 6
Site plan, floor plans 2 2
WALKOUT LEVEL
SCALE: 1/8"=1'-0"
3 2
SECOND FLOOR PLAN
SCALE: 1/8"=1'-0"
4 2
MAIN FLOOR PLAN
SCALE: 1/8"=1'-0"
2
-
The agenda packet with all background material is located at the back table for viewing by the public. Published agenda subject to change without notice. Information and materials relating to the above items are available for review at city hall by appointment.
The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character.
PLANNING COMMISSION MEETING MINUTES August 28, 2017 7:00pm 1) Call to Order Chair Sandholm opened the meeting at 7:00 p.m. In attendance: Commissioners: Chair Lora Sandholm, Peter Vickery, Damian Young, Justin Forbrook, and John Tschumperlin; Council Liaison: Pam Mortenson; Staff: City Planner Nickolas Olson and City Clerk Kris Linquist. Absent: Steve Livermore and Gary Pettis. a) Approval of Agenda
Motion by Vickery and seconded by Tschumperlin to approve the agenda as presented. Motion passed 5-0. Absent: Livermore and Pettis. b) Approval of Minutes – July 24, 2017
Motion by Young and seconded by Forbrook to approve the minutes from July 24, 2017 as presented. Motion passed 5-0. Absent: Livermore and Pettis. 2) Public Hearings a) VARIANCE: Application from Michael & Heather Meyer to reduce the required front yard setback from 50 feet to 42 feet to allow for a home remodel at 370 County Road 92; A Agriculture Zoning District; PID# 05-117-24-14-0003. Olson presented the staff report as found in the Planning Commission packet dated August 28, 2017. Mike Meyer, applicant, overviewed his remodel project. Chair Sandholm opened the public hearing at 7:03 p.m. There was no one present to speak on this item. Chair Sandholm closed the public hearing at 7:03 p.m. Motion by Tschumperlin and seconded by Young to recommend the City Council approve the requested front yard setback variance at 370 County
The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character.
Road 92 based on the findings of fact in the staff report and subject to the following conditions: 1. The Applicants obtain all necessary permits and approvals from the City and other applicable entities with jurisdiction prior to any construction; 2. Any required grading should maintain existing drainage patterns or improve the existing drainage of the lot and adjacent lots; 3. The Applicants are responsible for all fees incurred by the City in review of this application; and 4. The variance approval is valid for one year from the date of approval and will become void and expire unless a building permit has been issued for the site. Motion passed 5-0. Absent: Livermore and Pettis. b) ZONING AMENDMENT: Application from Jeffrey Martineau to adopt Ordinance 449 to rezone the property located at 1035 County Road 19 from R-2 Low-Medium Density Single Family Residence to PUD Planned Unit Development, PID# 12-117-24-14-0004. Item discussed along with Item c). This item was tabled at the July 24, 2017 meeting to be continued at the August 28, 2017 meeting. Olson presented the staff reports as found in the Planning Commission packet dated August 28, 2017. Jeff Martineau – applicant, 2565 North Shore Drive, Orono, overviewed the presentation. He presented examples of other developments in nearby communities that he has or currently is working on. He stated that the Villa home style concept is highly desirable in the housing market currently. The target group is for retired people or empty nesters. This development would create a sense of privacy by saving as many trees as possible. These houses are good quality homes. He would construct a city owned trail that would eventually hook up to another trail system. He would build a pond that would be maintained by the association. Young questioned the zoning of the PUD. Olson overviewed the reasoning for the rezoning of the property. Chair Sandholm opened the public hearing at 7:34 p.m. Ralph Harrison, 4935 Grandview Ave, Minnetrista, commented on preserving the current trees and the density of the PUD in comparison to the Red Oak development.
The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character.
Dean Bailey, 1055 County Road 19, Minnetrista, commented that Martineau showed him a plan with only 9 houses on it and preserving most of the trees. He has concerns with allowing 14 homes, set back issues and traffic issues. Ralph Harrison had more comments regarding the density. He stated that it does not follow the City’s comprehensive plan. Jeff Martineau commented that he has owned the property for 12 years and has always intended to develop the property. He stated that the reason for the Front Yard setback request is to minimize the removal of the trees in the rear of the lots. Chair Sandholm closed the public hearing at 7:51 p.m. Tschumperlin questioned if the PUD is not granted, what would be the process be the process. Olson explained that each lot would need to comply with the zoning code and would possibly require multiple variance requests. Chair Sandholm commented that with a PUD there would be a trail included. Another benefit to the city would be that there would be villa type houses in this area of the city, which it currently does not have. Chair Sandholm questioned if Martineau would have a problem meeting the requirements set by the engineer. Martineau stated that after consulting with his engineer, they felt there would not be a problem meeting the requirements. Motion by Vickery and seconded by Tschumperlin to recommend the City Council DENY Ordinance 449 to rezone 1035 County Road 19 from R-2 Low-Medium Density Single-Family Residence to PUD Planned Unit Development based on the following finding: 1) The trail is not enough benefit to the City to compromise density of the development. Motion passed 3-2. Opposed: Sandholm and Young. Absent: Livermore and Pettis. c) PLANNED UNIT DEVELOPMENT (PUD) PRELIMINARY PLAT: Application from Jeffrey Martineau to develop 14 single family lots on the property located at 1035 County Road 19, PID# 12-117-24-14-0004. Items b) and c) were discussed together as they are from the same Applicant and in reference to the same property. This item was tabled at the July 24, 2017 meeting to be continued at the August 28, 2017 meeting.
The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character.
Olson presented the staff reports as found in the Planning Commission packet dated August 28, 2017. Forbrook commented that it would be nice to see a plan of where all the trees would be located. Martineau stated that all the newly planted trees would be 25 feet in height and about six inches in diameter. Martineau stated that by not doing the PUD, the homes will get much larger, possibly two stories and will probably only decrease the amount of homes to 12. There would not be a pond or a trail included in the development and that more trees would be removed. Young commented that the development cannot be stopped. He is in favor of the PUD. He is trying to look at the larger picture and future development of the City. Chair Sandholm commented that she had hardcover concerns. Chair Sandholm opened the public hearing at 8:20 p.m. Ralph Harrison, 4935 Grandview Avenue, Minnetrista, commented on the density of the development is going against the comprehensive plan and that by allowing this PUD it would be setting a precedence for future developments. Jeff Martineau stated that he could meet the 30 feet Front Yard setback and the side yard setbacks but that would mean a lot of trees would be lost. Dean Bailey, 1055 County Road 19, Minnetrista, had more comments on the trees. Chair Sandholm closed the public hearing at 8:36 p.m. Young commented the setbacks should be as small as they could be to save as many trees as possible. Tschumperlin questioned the buyer defined homes. Martineau stated that there were 3 or 4 lots that would have to be custom designed to fit the lots. Motion by Vickery and seconded by Tschumperlin to recommend the City Council DENY the requested preliminary plat to develop 14 single family units at the property of 1035 County Road 19 based on the following findings: 1) The density of the development 2) How the Tree Plan would work
The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character.
Positives: 1) 2) 3) 4)
Interest in different housing types See another option for the City Council Lesser setbacks to allow for more tree preservation Difference in cul-de-sacs, the one that would have lesser tree removal Motion passed 3-2. Opposed: Sandholm and Young. Absent: Livermore and Pettis. 3) Business Items - None 4) Informational Items a) Staff Reports – City Planner Nickolas Olson 1) Items for next Planning Commission meeting 2) Update on Serenity Hills development b) Council Reports – Councilmember Pam Mortenson
1) City Campus Plan on hold until Budget process is complete 2) Preliminary Budget approval will be voted on shortly 3) Community Survey 5) Adjournment Motion by Young and seconded by Vickery to adjourn the meeting at 9:01 p.m. Motion passed 5-0. Absent: Livermore and Pettis. Respectfully submitted,
Kris Linquist Kris Linquist City Clerk
The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character.
CITY OF MINNETRISTA PUBLIC HEARING
Subject:
VARIANCE: Application from James R & Denita K Huisinga to reduce the required side yard setback from 15 feet to 12.4 feet and reduce the required riparian view shed setback from 94 feet to 80.1 feet to allow for a home addition and new deck at 5890 Hardscrabble Circle; R-1 Low Density Single Family Residence Zoning District; PID# 26-117-24-14-0013.
Prepared By:
Nickolas Olson, City Planner
Meeting Date:
September 25, 2017
Overview: Jim & Nita Huisinga (the “Applicants”) have requested a side yard setback variance to reduce the required setback from 15 feet to 12.4 feet for a home addition and a riparian view shed setback variance to reduce the required setback from 94 to 80.1 feet for a new deck at 5890 Hardscrabble Circle (the “Property”). Background: The Applicants purchased the Property in May of 2016. The existing home on the Property was built in 1975. Currently, the existing home does not meet the required riparian view shed setback. Part of this is due to the neighboring home (to the south) recently being demolished and rebuilt. When that home rebuilt, the home was pulled back a few feet away from the lakeshore. While this did not have a major impact on the request this evening, it does make the situation more challenging as any lakeside addition would require a variance. The common property line between the Property and the home to the south is heavily wooded (see attached photos), which makes the impact of the deck on the neighbor’s riparian view far less impactful for most of the year. The home to the north is also far closer to the lake than the Applicants home, therefore they are not likely to be impacted by the deck request. As part of the request, the Applicants are also adding on a dining room off of the kitchen. Given the location of the kitchen, the proposed location makes the most sense in terms of functionality. Staff has worked with the Applicants to minimize the request as much as possible. The Applicants have also designed the roofline of the addition which encroaches into the side yard setback to have a lower pitch, thus helping to minimize the impact on the neighboring property. The home to the north is over 66 feet away from the common property line, which will also minimize the impact of the proposed addition. The neighbor to the south should not be impacted by the proposed addition.
Mission Statement: The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character.
As you will see later in the staff report, Staff has not received comments from anyone regarding this request, specifically from either the neighbor to the south or the neighbor to the north. Variance Request: City Code Section 505.05 Subd. 9 allows the City to issue variances from the provisions of the zoning code. A variance is a modification or variation of the provisions of the zoning code as applied to a specific piece of property. A variance is only permitted when: a. It is in harmony with the general purposes and intent of this ordinance Section 505.03 of City Code outlines the purpose and intent of the City’s zoning regulations. In review of the Applicants proposal, it is consistent with this section. The proposal will not negatively affect the general public health, safety, morals, comfort, and general welfare of the inhabitants of the city. b. The variance is consistent with the comprehensive plan. The Property is currently being used as a single family dwelling, consistent with the zoning and guided land use designation of the Property. The proposed addition and deck will not change the use of the Property and there will be no change in neighboring views or impacts to sensitive environmental features. A variance may be granted when the applicant establishes there are practical difficulties in complying with this ordinance. Practical difficulties, as used in connection with granting a variance, means: 1. The property owner proposes to use the property in a reasonable manner not permitted by this ordinance. The existing home does not currently have a deck. Having a deck on a lakeside home is reasonable for proper enjoyment of the lakeside yard. Given the location of the homes to the north and south, the home on the Property does not meet the required riparian view shed setback. This means any deck added onto the home would require the Applicants to apply for a variance. The proposed deck is reasonable because it meets the minimum required lakeshore setback of 75 feet. The home addition allows for the Applicants to have a dinning room off of the kitchen. This is the most appropriate location for this space, however the location of the home relative the side lot line does not allow for a reasonable size addition with the setback requirements. The Applicants have also worked with their Architect to design the roofline of the addition to be as least impactful as possible. 2. The plight of the landowner is due to circumstances unique to the property not created by the landowner. The Applicants purchased the Property with the home in its current location. The existing home does not meet the riparian view shed setback and does not currently have a deck, which are existing conditions when the home was purchased. A Mission Statement: The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character.
lakeshore property not having a deck is unique, especially since both neighboring homes have decks and/or patios. The home is also located much closer to the north property line than the south property line. Given the floor plan of the current home and location of the kitchen, it is more reasonable and least impactful to add on the dining room to the north. 3. The variance would not alter the essential character of the locality. The size and height of the addition have been carefully considered by the Applicants and designed by their architect in a way to be the least intrusive. The resulting addition does not result in an increase in building height, as the roof of the addition is actually being kept down to minimize the impact to neighbors, nor does it result in a home that is out of character in terms of size and massing. Decks are commonly seen on lakeshore properties, including in this neighborhood. The current home does not have a deck, which is actually out of character. The addition of the deck on the Property will not impact the character of the neighborhood. Neighborhood Comments: Staff sent notices to all residents within 500 feet of the subject property. To date, staff has not received any comments or concerns from neighbors in regards to the requested variance. Conclusion: The Planning Commission should review the staff report and hold a public hearing. After holding a public hearing, findings of fact should be established as to why the request should be approved or denied. Findings of fact made by staff are as follows: 1. The proposed addition and deck project is in harmony with the general purposes and intent of the City’s zoning ordinance; 2. The proposed addition and deck project is consistent with the City’s comprehensive plan; 3. The existing home does not currently have a deck; 4. The proposed deck meets the minimum required lakeshore setback of 75 feet; 5. The proposed addition has been designed to keep the roofline lower than the existing roof to help minimize the impact of the encroachment into the side yard setback requirement; 6. The existing home is not centered on the lot and is much closer to the northern property line. This is the most reasonable location for the dining room addition given the existing floor plan of the home; 7. The existing home does not meet the required riparian view shed setback, which means any deck would require a variance. This presents a unique circumstance to the Applicants that they did not create; and Mission Statement: The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character.
8. The proposed addition and deck project results in a home similar in size and massing to that of neighboring homes, consistent with the character of the neighborhood. Recommended Action: Motion to recommend the City Council approve the requested side yard setback variance and riparian view shed setback variance at 5890 Hardscrabble Circle based on the findings of fact in staff report and subject to the following conditions: 1. The Applicants obtain all necessary permits and approvals from the City and other applicable entities with jurisdiction prior to any construction; 2. Any required grading should maintain existing drainage patterns or improve the existing drainage of the lot and adjacent lots; 3. The Applicants are responsible for all fees incurred by the City in review of this application; and 4. The variance approval is valid for one year from the date of approval and will become void and expire unless a building permit has been issued for the site. Attachments: 1. Location Map 2. Narrative from Applicants 3. Photographs from Applicants 4. Proposed Survey 5. Proposed Floor Plan 6. Proposed Elevations
Mission Statement: The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character.
5890 Hardscrabble Circle
1 inch = 94 feet
September 12, 2017 Map Powered by DataLink from WSB & Associates
Having recently purchased this property last May, 2016, my wife and I believe the house and lake setting was a desirable and beautiful place to call home. Unfortunately, the present dwelling does not lend itself to connecting with the out of doors and lake-front scape.
Our intention is to update the existing home (built in 1975) to encompass the lake view and provide a functional entrance that would “open up” the outdoor beauty of the property. In accordance with the Minnetrista Comprehensive Plan to conserve, protect and enhance the existing dwelling and without removing the home completely, we strive to protect the established green-scape by building the proposed additions rendering the existing home more functional and current.
We respectively submit the practical difficulties we face and are stated as follows:
1) Lake access/outdoor area does not exist on the lake side of existing home
2) Current dwelling lacks a family dining/serving space
After consulting with Jeff Murphy’s Architectural design team, we have determined these proposed changes best meet the objectives, all well keeping and utilizing the property in a reasonable manner. Together, we believe these changes will update and upgrade a 1975 build into an appealing and well-suited lake home.
While the proposed deck allows for a minimum 80’ setback (more than the required 75’) from our lake front, the plight we face is two-fold;
1) Our shoreline extends farther than both neighbors directly adjacent to us.
2) In addition, one of our neighbors purchased two lots that allowed him to proceed to build an exceptionally large home and choose to position the home farther from the lake. For his action, we ask for your consideration to be given when examining our proposal.
Lastly, the current dwelling lacks a family dining/serving space and needs to be in direct proximity to the kitchen. Unfortunately, it cannot be reasonably placed in any other location.
In closing, if the variance is granted we believe the essential character of the locality would not be altered as described in the following way herein by our architect:
“We kept the existing gable in it’s current location, and created a lower roof slope over the addition to minimize the mass of the building as it approached the neighbors (this should show the city that we’re being respectful of the neighbors by minimizing the building height where it encroaches on the side setback).”
17917 Highway No. 7 Minnetonka, Minnesota 55345 Phone (952) 474-7964 Web: www.advsur.com
Joshua S. Rinke
# 52716 LICENSE NO.
AUGUST 11, 2017 DATE:
DRAWING ORIENTATION & SCALE
0
20'
40'
CLIENT /JOB ADDRESS
GRADING & EROSION CONTROL NOTES:
LEGAL DESCRIPTION: Lot 1, Block 1, Elliasen Boedecker Addition, Hennepin County, Minnesota. SCOPE OF WORK & LIMITATIONS: 1. Updated previous survey completed by Advance Surveying & Engineering Co, signed by James Parker (RLS 9235), dated September, 2015. This survey should be considered an update thereof. 2. Showing elevations on the site at selected locations to give some indication of the topography of the site. We have also provided a benchmark for your use in determining elevations for construction on this site. The elevations shown relate only to the benchmark provided on this survey. Use that benchmark and check at least one other feature shown on the survey when determining other elevations for use on this site or before beginning construction. 3. This survey has been completed without the benefit of a current title commitment. There may be existing easements or other encumbrances that would be revealed by a current title commitment. Therefore, this survey does not purport to show any easements or encumbrances other than the ones shown hereon. 4. While we show a proposed location for this home or addition, we are not as familiar with your proposed plans as you, your architect, or the builder are. Review our proposed location of the improvements and proposed yard grades carefully to verify that they match your plans before construction begins. Also, we are not as familiar with local codes and minimum requirements as the local building and zoning officials in this community are. Be sure to show this survey to said officials, or any other officials that may have jurisdiction over the proposed improvements and obtain their approvals before beginning construction or planning improvements to the property. 5. Note that all building dimensions and building tie dimensions to the property lines, are taken from the siding and or stucco of the building. 6. While we show the building setback lines per the City of Minnetrista web site, we suggest you show this survey to the appropriate city officials to be sure that the setback lines are shown correctly. Do this BEFORE you use this survey to design anything for this site. STANDARD SYMBOLS & CONVENTIONS: "●" Denotes iron survey marker, found, unless otherwise noted.
BEFORE DEMOLITION AND GRADING BEGIN Install silt fence/bio roll around the perimeter of the construction area. Sediment control measures must remain in place until final stabilization has been established and then shall be removed. Sediment controls may be removed to accommodate short term construction activity but must be replaced before the next rain. A temporary rock construction entrance shall be established at each access point to the site and a 6 inch layer of 1 to 2 inch rock extending at least 50 feet from the street into the site and shall be underlain with permeable geotextile fabric. The entrance shall be maintained during construction by top dressing or washing to prevent tracking or flow of sediments onto public streets, walks or alleys. Potential entrances that are not so protected shall be closed by fencing to prevent unprotected exit from the site. DURING CONSTRUCTION: When dirt stockpiles have been created, a double row of silt fence shall be placed to prevent escape of sediment laden runoff and if the piles or other disturbed areas are to remain in place for more than 14 days, they shall be seeded with Minnesota Department of Transportation Seed Mixture 22-111 at 100 lb/acre followed by covering with spray mulch. A dumpster shall be placed on the site for prompt disposal of construction debris. These dumpsters shall be serviced regularly to prevent overflowing and blowing onto adjacent properties. Disposal of solid wastes from the site shall in accordance with Minnesota Pollution Control Agency requirements. A separate container shall be placed for disposal of hazardous waste. Hazardous wastes shall be disposed of in accordance with MPCA requirements. Concrete truck washout shall be in the plastic lined ditch and dispose of washings as solid waste. Sediment control devices shall be regularly inspected and after major rainfall events and shall be cleaned and repaired as necessary to provide downstream protection. Streets and other public ways shall be inspected daily and if litter or soils has been deposited it shall promptly be removed. If necessary, vehicles, that have mud on their wheels, shall be cleaned before exiting the site in the rock entrance areas Moisture shall be applied to disturbed areas to control dust as needed. Portable toilet facilities shall be placed on site for use by workers and shall be properly maintained.
SURVEYED DATE: SEPTEMBER, 2015 DRAFTED DATE: AUGUST 11, 2017 SHEET TITLE
If it becomes necessary to pump the excavation during construction, pump discharge shall be into the stockpile areas so that the double silt fence around these areas can filter the water before it leaves the site. Temporary erosion control shall be installed no later than 14 days after the site is first disturbed and shall consist of broadcast seeding with Minnesota Department of Transportation Seed Mixture 22-111 at 100 lb/acre followed by covering with spray mulch. SITE WORK COMPLETION: When final grading has been completed but before placement of seed or sod an “as built” survey shall be done per City of Minnetrista requirements to insure that grading was properly done. When any remedial grading has been completed, sod or seeding shall be completed including any erosion control blankets for steep areas. When turf is established, silt fence and inlet protection and other erosion control devices shall be disposed of and adjacent streets, alleys and walks shall be cleaned as needed to deliver a site that is erosion resistant and clean. Contractor shall maintain positive drainage of a minimum 2% slope away from proposed building.
SHEET SIZE: 22 X 34 DRAWING NUMBER
SHEET NUMBER
S1 SHEET 1 OF 1
D E C K 5 0 '- 0 " X 1 6 '- 0 "
M A S T E R C L O S E T 7 '- 9 " X 8 '- 7 "
M A S T E R B D R M F P
1 7 '- 1 " X 1 3 '- 6 " 2 6 6 8
S C R E E N P O R C H
9 '- 5 " X 1 8 '- 5 "
1 0 '- 7 " X 1 8 '- 5 " 2 6 6 8
1 '- 8 " X 4 '- 1 1 "
P R O P . A D D IT IO N
F A M IL Y R O O M
H A L L 3 0 '- 4 " X 2 1 '- 3 " 7 '- 9 " X 4 '- 6 " 2 6 6 8
2 6 6 8
B B Q 1 '- 1 1 " X 6 '- 0 "
2 6 6 8
B A T H
G U E S T C L T
M A S T E R B A T H
7 '- 1 1 " X 7 '- 5 "
5 '- 1 " X 7 '- 5 "
7 '- 9 " X 7 '- 5 "
2 4 6 8
6 1 0 6 8
2 6 6 8
2 6 6 8
2 6 6 8
2 6 6 8
7 6 6 8
2 6 6 8 2 6 6 8
F R O N T H A L L
K IT C H E N
2 6 '- 8 " X 7 '- 7 " 1 8 '- 2 " X 1 9 '- 6 " 4 1 0 6 8
P R O P . D IN IN G G U E S T B E D R O O M 9 '- 5 " X 1 7 '- 2 " 3 D B 4 2 1 5
3 3D D B B 4 45 2 1 15 5 5 0 6 8
1 4 '- 8 " X 1 3 '- 5 "
L A U N D R Y U 3 0 2 4 8 4
8 '- 0 " X 9 '- 7 " S B 3 6
F H B 2 7 R 2 6 6 8
F H B 2 4 R
B A C K E N T R Y 6 '- 6 " X 1 0 '- 6 " 18 68
B 3 3
B 3 3
P A N T R Y U 1 8 2 4 8 4 R
U 1 8 2 4 8 4 R
4 '- 0 " X 4 '- 0 "
9 0 6 8
2 6 6 8
2 6 6 8
G A R A G E
9 0 6 8
2 5 '- 0 " X 2 5 '- 1 1 "
L IV IN G A R E A 2 4 2 5 S Q F T
CITY OF MINNETRISTA PUBLIC HEARING
Subject:
VARIANCE: Application from Thomas & Patricia Scherber to reduce the required front yard setback from 35 feet to 26 feet and reduce the required lakeshore setback from 75 feet to 29 feet to allow for the construction of a new home at 3810 Enchanted Lane; R-1 Low Density Single Family Residence Zoning District; PID# 25-117-24-43-0004.
Prepared By:
Nickolas Olson, City Planner
Meeting Date:
September 25, 2017
Overview: Thomas & Patricia Scherber (the “Applicants”) have requested a front yard setback variance to reduce the required setback from 35 feet to 26 feet and reduce the required lakeshore setback from 75 feet to 29 feet to allow for the construction of a new home at 3810 Enchanted Lane (the “Property”). Background: The Applicants purchased the Property in 2017 with the idea of building a new retirement home. The existing home on the Property was built in 1935 and, from talking with the Applicants, is in poor condition from water damage. Soon after purchasing the home, the Applicants’ Project Manager, Bruce Anderson, reached out to staff to discuss the Property. The Property presents many challenges for the Applicants. One of the primary challenges is that Enchanted Lane does not travel within the platted right-of-way. It actually travels on the Applicants Property. Due to this fact, the buildable area of the Property is significantly reduced when setbacks are applied. Historically, in situations such as this, staff has applied the 35 foot front setback requirement from the edge of the road. When this is applied, along with the required 75 foot lakeshore setback and 15 foot side yard setback requirements, the resulting building pad does not allow for a reasonable size home. Hardcover is not an issue as the Applicants are proposing 19.2%, which is well under the maximum of 25%. Going back to the issue of Enchanted Lane not travelling within platted right-of-way as it relates to hardcover, staff has determined the most fair way to address the situation is to remove amount of road that is on the Property (in square feet) from the total lot area and allow for a maximum of 25% of the remaining lot area. This is shown on the attached survey. Mission Statement: The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character.
In meeting with the Applicants and their Project Manager to determine a reasonable request, staff advised them to consider the location of the neighboring homes to determine the appropriate magnitude of the variance requests. The Applicants proposal reflects the conversations with staff regarding a reasonable request. Variance Request: City Code Section 505.05 Subd. 9 allows the City to issue variances from the provisions of the zoning code. A variance is a modification or variation of the provisions of the zoning code as applied to a specific piece of property. A variance is only permitted when: a. It is in harmony with the general purposes and intent of this ordinance Section 505.03 of City Code outlines the purpose and intent of the City’s zoning regulations. In review of the Applicants proposal, it is consistent with this section. The proposal will not negatively affect the general public health, safety, morals, comfort, and general welfare of the inhabitants of the city. b. The variance is consistent with the comprehensive plan. The Property is currently being used as a single family dwelling, consistent with the zoning and guided land use designation of the Property. The proposed new home will not change the use of the Property and there will be no change in neighboring views or impacts to sensitive environmental features as the proposed new home maintains similar setbacks to that of neighboring homes. A variance may be granted when the applicant establishes there are practical difficulties in complying with this ordinance. Practical difficulties, as used in connection with granting a variance, means: 1. The property owner proposes to use the property in a reasonable manner not permitted by this ordinance. The Applicants are proposing to build a reasonably sized single family home on the Property. Zoning requirements for the front and lakeshore setbacks do not result in a building pad that is large enough for a reasonable sized home. They have designed a home that maintains similar lakeshore and front setbacks to that of the homes directly on either side of the Property, which is a reasonable request. 2. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Enchanted Lane does not travel within platted right-of-way. The road actually travels on the Property. In situation like this, staff has previously enforced the from setback requirement from the edge of the asphalt of the traveled road. It is because of this fact that the size of the building pad for the Property is significantly reduced, which presents a unique circumstance that the Applicants did not create.
Mission Statement: The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character.
3. The variance would not alter the essential character of the locality. The proposed lakeshore and front yard setbacks are consistent with that of neighboring homes. The proposed home is within the maximum building height requirements and in terms of size and massing relative to the Property, the proposed home is consistent with neighboring homes. For these reasons, the proposed home should not alter the character of the neighborhood. Neighborhood Comments: Staff sent notices to all residents within 500 feet of the subject property. To date, staff has not received any comments or concerns from neighbors in regards to the requested variance. Conclusion: The Planning Commission should review the staff report and hold a public hearing. After holding a public hearing, findings of fact should be established as to why the request should be approved or denied. Findings of fact made by staff are as follows: 1. The proposed new home is in harmony with the general purposes and intent of the City’s zoning ordinance; 2. The proposed new home is consistent with the City’s comprehensive plan; 3. The proposed new home maintains front yard and lakeshore setbacks similar to that of other neighboring homes, which is a reasonable request; 4. Enchanted Lane does not travel within platted right-of-way and actually travels on the Property. It is because of this fact that the size of the building pad for the Property is significantly reduced, which presents a unique circumstance that the Applicants did not create.; and 5. The proposed new home is within the maximum building height requirements and in terms of size and massing relative to the Property, the proposed home is similar to neighboring homes, which is consistent with the character of the neighborhood. Recommended Action: Motion to recommend the City Council approve the requested front yard setback variance and lakeshore setback variance at 3810 Enchanted Lane based on the findings of fact in staff report and subject to the following conditions: 1. The Applicants obtain all necessary permits and approvals from the City and other applicable entities with jurisdiction prior to any construction; 2. Any required grading should maintain existing drainage patterns or improve the existing drainage of the lot and adjacent lots; 3. The Applicants are responsible for all fees incurred by the City in review of this application; and 4. The variance approval is valid for one year from the date of approval and will become void and expire unless a building permit has been issued for the site. Attachments: 1. Location Map Mission Statement: The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character.
2. 3. 4. 5.
Narrative from Applicants Proposed Survey Proposed Floor Plan Proposed Elevations
Mission Statement: The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character.
3810 Enchanted Lane
1 inch = 94 feet
September 12, 2017 Map Powered by DataLink from WSB & Associates
CITY OF MINNETRISTA PUBLIC HEARING
Subject:
VARIANCE: Application from Bryan J & Kristen J Ophaug to reduce the required side yard setbacks from 15 feet to 12.1 and 11.9 feet, on the north and south property lines respectively, to allow for a 14 foot deck at 5360 Eastview Avenue; R-1 Low Density Single Family Residence Zoning District; PID# 12-117-24-24-0005. The property had previously received a variance for a 10 foot deck.
Prepared By:
Nickolas Olson, City Planner
Meeting Date:
September 25, 2017
Overview: Bryan J & Kristen J Ophaug (the “Applicants”) have requested side yard setback variances to reduce the required side yard setbacks from 15 feet to 12.1 and 11.9 feet, on the north and south property lines respectively, to allow for a 14 foot deck at 5360 Eastview Avenue (the “Property”). Background: As the Planning Commission may recall, this is the third time the Applicants have applied for a variance at the Property. The previous variances were the same side yard setbacks as proposed tonight that allowed for a home remodel, which included a second level, and a greater side yard setback variance to allow the Applicants to move the proposed attached garage closer to the north property line in order to make the garage more functional. The proposal up for review this evening is to allow for the Applicants to build a 14 foot deck in lieu of the previous proposed and approved 10 foot deck. When the Applicants made their first application, it was believed they were proposing the maximum size deck that met the required riparian view shed setback. However, the survey did not show the decks of the two neighboring homes. The riparian view shed setback ordinance does state that decks should be included when determining the required setback. The revised survey, which is attached for review, now shows the decks of the neighboring homes and the proposed 14 foot deck. As can be seen, the new proposed 14 foot deck meets both the riparian view shed setback as well as the minimum required lakeshore setback. It does not, however, meet the required side yard setbacks. Thus are variance is required to allow for the larger deck.
Mission Statement: The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character.
Variance Request: City Code Section 505.05 Subd. 9 allows the City to issue variances from the provisions of the zoning code. A variance is a modification or variation of the provisions of the zoning code as applied to a specific piece of property. A variance is only permitted when: a. It is in harmony with the general purposes and intent of this ordinance Section 505.03 of City Code outlines the purpose and intent of the City’s zoning regulations. In review of the Applicants proposal, it is consistent with this section. The proposal will not negatively affect the general public health, safety, morals, comfort, and general welfare of the inhabitants of the city. The proposed 14 foot deck meets the required riparian view shed setback and does not encroach future into the required side yard setbacks than previously approved. b. The variance is consistent with the comprehensive plan. The Property is currently being used as a single family dwelling, consistent with the zoning and guided land use designation of the Property. The proposed deck will not change the use of the Property and there will be no change in neighboring views or impacts to sensitive environmental features as it is consistent with the neighboring homes by meeting the required riparian view shed setback. A variance may be granted when the applicant establishes there are practical difficulties in complying with this ordinance. Practical difficulties, as used in connection with granting a variance, means: 1. The property owner proposes to use the property in a reasonable manner not permitted by this ordinance. The proposed increase in size from a 10 foot deck that was previously approved to a 14 foot deck is a reasonable request because there is no further encroachment into the side yard setbacks than previously approved and the 14 foot deck meets the required riparian view shed setback when the neighboring decks are included as stated by ordinance. A 14 foot deck also allows for a more useable and functional lakeside area. 2. The plight of the landowner is due to circumstances unique to the property not created by the landowner. The Applicants purchased the Property with the home in its current location. They previously received approval to remodel the home with a second story and a 10 foot deck. The proposed 14 deck maintains the side yard setbacks of the home and deck as previously approved and whose location did not move nor was not created by the Applicants. 3. The variance would not alter the essential character of the locality. The proposed 14 deck does not extend closer to the side yards than the existing home currently being remodeled and the proposed deck meets the required Mission Statement: The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character.
riparian view shed setback. The proposed deck is in line and consistent with the homes on either side of the property. Neighborhood Comments: Staff sent notices to all residents within 500 feet of the subject property. To date, staff has spoken with one neighbor in regards to the requested variance. The neighbor was looking for clarification with the variance request. Conclusion: The Planning Commission should review the staff report and hold a public hearing. After holding a public hearing, findings of fact should be established as to why the request should be approved or denied. Findings of fact made by staff are as follows: 1. The proposed 14 foot deck is in harmony with the general purposes and intent of the City’s zoning ordinance; 2. The proposed 14 foot deck is consistent with the City’s comprehensive plan; 3. The proposed increase in size from the previously approved 10 foot deck to a 14 foot deck is a reasonable request because there is no further encroachment into the side yard setbacks than previously approved and the 14 foot deck meets the required riparian view shed setback when the decks of neighboring homes are included as stated by ordinance; 4. The Applicants purchased the Property with the home in its current location and previously received approval in 2016 to remodel the home with a second story and a 10 foot deck. The proposed 14 deck maintains the side yard setbacks of the home and deck as previously approved and whose location did not move nor was not created by the Applicants; and 5. The proposed 14 foot deck is in line with the homes on either side of the property, consistent with the character of the locality. Recommended Action: Motion to recommend the City Council approve the requested side yard setback variances at 5360 Eastview Avenue based on the findings of fact in staff report and subject to the following conditions: 1. The Applicants obtain all necessary permits and approvals from the City and other applicable entities with jurisdiction prior to any construction; 2. Any required grading should maintain existing drainage patterns or improve the existing drainage of the lot and adjacent lots; 3. The Applicants are responsible for all fees incurred by the City in review of this application; and 4. The variance approval is valid for one year from the date of approval and will become void and expire unless a building permit has been issued for the site. Attachments: 1. Location Map 2. Narrative from Applicants Mission Statement: The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character.
3. Proposed Survey 4. Proposed Floor Plan
Mission Statement: The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character.
5360 Eastview Avenue
1 inch =
November 21, 2016 Map Powered by DataLink from WSB & Associates
94 feet
Written Statement c. We are seeking a variance to increase the deck from 10 ft to 14 ft. d. The proposed deck is less than the average deck setback of neighbors. The existing deck is 12 ft. e. We have reviewed our project with Nick Olson who was very helpful. f. Our proposal is in harmony with the intent of the Minnetrista Code by controlling the scale and massing, allowing adequate light and air, preventing over crowding or congestion, protecting the value of the land with good design standards, orderly site layout and land use, adequate drainage, and wise use of our lot. g. This conforms to the lot and neighborhood. i. The owner proposes to use the property as permitted by Minnetrista City Code. ii. The plight of the landowner is due to circumstances unique to the property and not created by the landowner. iii. The variance, if granted, would not alter the essential character of the locality. h. This request is not based exclusively upon a desire to increase the value of the land but to design a more liveable and useable deck that fits the house and the lake location. i. This variance will not: 1) adversely affect the health or safety of persons residing or working in the neighborhood; 2) impair an adequate supply of light and air to adjacent properties; 3) be injurious to property or improvements in the neighborhood; 4) increase the congestion on public streets; 5) endanger public safety; 6) or substantially diminish or impair property values within the neighborhood. Thank you.
LEGAL DESCRIPTION: Lot 3, Block 2, EASTVIEW PARK, Hennepin County, Minnesota.
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SCOPE OF WORK & LIMITATIONS: 1. Showing the length and direction of boundary lines of the legal description listed above. The scope of our services does not include determining what you own, which is a legal matter. Please check the legal description with your records or consult with competent legal counsel, if necessary, to make sure that it is correct and that any matters of record, such as easements, that you wish to be included on the survey have been shown. 2. Showing the location of observed existing improvements we deem necessary for the survey. 3. Setting survey markers or verifying existing survey markers to establish the corners of the property. 4. Showing and tabulating impervious surface coverage of the lot for your review and for the review of such governmental agencies that may have jurisdiction over these requirements to verify they are correctly shown before proceeding with construction. 5. Showing elevations on the site at selected locations to give some indication of the topography of the site. We have also provided a benchmark for your use in determining elevations for construction on this site. The elevations shown relate only to the benchmark provided on this survey. Use that benchmark and check at least one other feature shown on the survey when determining other elevations for use on this site or before beginning construction. 6. Note that all building dimensions and building tie dimensions to the property lines, are taken from the siding and or stucco of the building. 7. While we show a proposed location for this home or addition, we are not as familiar with your proposed plans as you, your architect, or the builder are. Review our proposed location of the improvements and proposed yard grades carefully to verify that they match your plans before construction begins. Also, we are not as familiar with local codes and minimum requirements as the local building and zoning officials in this community are. Be sure to show this survey to said officials, or any other officials that may have jurisdiction over the proposed improvements and obtain their approvals before beginning construction or planning improvements to the property. 8. While we show the building setback lines per the City of Minnetrista web site, we suggest you show this survey to the appropriate city officials to be sure that the setback lines are shown correctly. Do this BEFORE you use this survey to design anything for this site.
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STANDARD SYMBOLS & CONVENTIONS: " " Denotes iron survey marker, set, unless otherwise noted.
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GRADING & EROSION CONTROL NOTES: Streets and other public ways shall be inspected daily and if litter or soils has been deposited it shall promptly be removed.
BEFORE DEMOLITION AND GRADING BEGIN
Install silt fence/bio roll around the perimeter of the construction area.
If necessary, vehicles, that have mud on their wheels, shall be cleaned before exiting the site in the rock entrance areas
Sediment control measures must remain in place until final stabilization has been established and then shall be removed. Sediment controls may be removed to accommodate short term construction activity but must be replaced before the next rain.
Moisture shall be applied to disturbed areas to control dust as needed.
A temporary rock construction entrance shall be established at each access point to the site and a 6 inch layer of 1 to 2 inch rock extending at least 50 feet from the street into the site and shall be underlain with permeable geotextile fabric. The entrance shall be maintained during construction by top dressing or washing to prevent tracking or flow of sediments onto public streets, walks or alleys. Potential entrances that are not so protected shall be closed by fencing to prevent unprotected exit from the site.
Portable toilet facilities shall be placed on site for use by workers and shall be properly maintained. If it becomes necessary to pump the excavation during construction, pump discharge shall be into the stockpile areas so that the double silt fence around these areas can filter the water before it leaves the site. Temporary erosion control shall be installed no later than 14 days after the site is first disturbed and shall consist of broadcast seeding with Minnesota Department of Transportation Seed Mixture 22-111 at 100 lb/acre followed by covering with spray mulch. SITE WORK COMPLETION: survey shall be done per City of Minnetrista requirements to insure that grading was properly done.
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A dumpster shall be placed on the site for prompt disposal of construction debris. These dumpsters shall be serviced regularly to prevent overflowing and blowing onto adjacent properties. Disposal of solid wastes from the site shall in accordance with Minnesota Pollution Control Agency requirements.
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DURING CONSTRUCTION: When dirt stockpiles have been created, a double row of silt fence shall be placed to prevent escape of sediment laden runoff and if the piles or other disturbed areas are to remain in place for more than 14 days, they shall be seeded with Minnesota Department of Transportation Seed Mixture 22-111 at 100 lb/acre followed by covering with spray mulch.
When any remedial grading has been completed, sod or seeding shall be completed including any erosion control blankets for steep areas.
A separate container shall be placed for disposal of hazardous waste. Hazardous wastes shall be disposed of in accordance with MPCA requirements.
When turf is established, silt fence and inlet protection and other erosion control devices shall be disposed of and adjacent streets, alleys and walks shall be cleaned as needed to deliver a site that is erosion resistant and clean.
Concrete truck washout shall be in the plastic lined ditch and dispose of washings as solid waste.
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Sediment control devices shall be regularly inspected and after major rainfall events and shall be cleaned and repaired as necessary to provide downstream protection.
EXISTING HARDCOVER House 1,085 Existing Deck 196 Gravel Driveway 479 Garage 448 Concrete Surfaces 379 Ret. Walls 17
Sq. Sq. Sq. Sq. Sq. Sq.
PROPOSED HARDCOVER House 2,179 Gravel Driveway 862 Concrete Motor Court 759 Concrete Walk 39 Porch/Steps 92 Ret. Walls (not under deck) 13
Ft. Ft. Ft. Ft. Ft. Ft.
TOTAL PROPOSED HARDCOVER AREA OF LOT TO OHW
2,604 Sq. Ft. 17,034 Sq. Ft.
PERCENTAGE OF HARDCOVER TO LOT
15.3%
Ft. Ft. Ft. Ft. Ft.
Sq. Ft.
3,931 Sq. Ft. 17,034 Sq. Ft.
PERCENTAGE OF HARDCOVER TO LOT TOTAL EXISTING HARDCOVER AREA OF LOT TO OHW
Sq. Sq. Sq. Sq. Sq.
23.0%
*PROPOSED DECK AREA OF 580 SQ. FT. NOT INCLUDED IN TABULATION BECAUSE DECK SPACING IS PROPOSED @ 1/4" IN WIDTH.*
ADVANCE SURVEYING & ENGINEERING, INC. APRIL 11, 2016 Joshua S. Rinke
0
20
40
17917 Highway 7 Minnetonka, Minnesota 55345 Phone (952) 474-7964 Web: www.advsur.com
# 52716 LICENSE NO.
NOVEMBER 22, 2016
S1
NOVEMBER 22, 2016 DATE
SHEET 1 OF 1
C
HOUSE EPDM ADHERED MEMBRANE ALTERNATE: GALVALUME STANDING SEAM 1:12
8'-4"
48'-0"
3
DIVERTER
15'-8"
24'-0"
ENU EASTVIEW AV
GALVALUME GUTTERS AND DOWNSPOUTS
14'-0"
24'-0"
CONCRETE MOTOR COURT
E
REMOVE EXISTING GARAGE
14'-0" NEW DECK GALVALUME GUTTERS AND DOWNSPOUTS
GRAVEL DRIVEWAY
12'-0" EXISTING DECK 11'-11"
15'-0" SETBACK
4
ONKA LAKE MINNET
GARAGE EPDM ADHERED MEMBRANE ALTERNATE: GALVALUME STANDING SEAM 1:12
26'-2"
AVERAGE DECK SETBACK 41'-4"
2
14'-8"
E 12'-11"
GALVALUME GUTTERS AND DOWNSPOUTS
8'-4"
1
D
DECK W/ 1/4" SPACING
76'-8"
36'-0"
7'-0"
NOTE: SILT FENCE SEE 12&13/9 BERM FOR DRAINAGE (SEE SURVEY) TRIM TREES AS NECESSARY FOR CONSTRUCTION
B 15'-0" 2'-1" SETBACK
A
SEE SURVEY
Ophaug Residence 5360 Eastview Avenue Minnetrista, MN
SITE PLAN/ ROOF PLAN C 3 6
B 76'-8"
36'-0"
D
C
1 8'-4"
15'-0"
A
D
14'-8"
3 6
14'-0"
2'-1"
2
26'-2"
E
12'-11"
B
12'-11"
3 6
E
15'-0" SETBACK
D
7'-0"
C
7'-5"
B
SCALE: 1"=10'-0"
15'-0"
1 2
1 7
24'-0"
1 7
8'-4"
8'-4"
DR
24'-0"
W
CONCRETE MOTOR COURT
14'-0" NEW DECK 134.05 sq ft
GRAVEL DRIVEWAY 859.89 sq ft R
1,318.63 sq ft 48.89 sq ft
1 6
1 6
997.56 sq ft 1,319.67 sq ft 11'-11"
391.17 sq ft
15'-0" SETBACK
1,322.82 sq ft 1,084.68 sq ft
11'-11"
15'-0"
4
12'-0" EXISTING DECK
SEE SURVEY
41'-4"
3
8 6
2 6
AVERAGE DECK SETBACK
4 6
DECK W/ 1/4" SPACING
15'-8"
DN
48'-0"
15'-8"
15'-8"
864.00 sq ft
1 Motor court 2 Entrance 3 Kitchen 4 Pantry 5 Dining 6 Living 7 Headquarters 8 Half bath 9 Deck 10 Mudroom 11 Garage 12 13 14 15 16 17 18 19
M bedroom M Closet M Bath Laundry Library Bedroom Bedroom Bathroom
20 21 22 23 24 25 26 27
Stair Storage Storage Bathroom Bedroom Recreation Patio Mechanical
I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Licensed Architect under the laws of the State of Minnesota. _______________________________________ Rolf Lokensgard March 14, 2017 14205 Date_____________Registration No.________ Revisions: _______________________________________ 3.14.17 SUBMIT FOR PERMIT _______________________________________ 7.10.17 DECK AVERAGE SETBACK _______________________________________ _______________________________________ 8.25.17 VARIANCE FOR 14 FT DECK _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ ALL CONTRACTORS ANDSUBCONTRACTORS SHALL VERIFY ALL CONDITIONS AND DIMENSIONS AT THE BUILDING AND/OR SITE.
1 6
Site plan, floor plans 2 2
WALKOUT LEVEL
SCALE: 1/8"=1'-0"
3 2
SECOND FLOOR PLAN
SCALE: 1/8"=1'-0"
4 2
MAIN FLOOR PLAN
SCALE: 1/8"=1'-0"
2
