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Variances - 2401 Black Lake Road - 5/28/2021 (4)CITY OF SPRING PARK SPRING PARK, NIINNESOTA RESOLUTION 03-10 A RESOLUTION APPROVING A VARIANCE FOR 2401 BLACK LAKE ROAD SUBJECT TO CONDITIONS WHEREAS Graham Neve (the applicant) has requested a variance to property at 2401 Black `Lake Road to demolish a deteriorating non -conforming residential structure and rebuild a new residential structure on the same footprint in an R-1 District; and WHEREAS the Spring Park Planning Commission held a public hearing on March 26, 2003 and recommended approval; and WHEREAS the City Planner in a memo dated March 6, 2003 recommended approval; and WHEREAS a current survey dated April 8, 2003 has been submitted; THEREFORE BE IT RESOLVED that the City Council approve this variance request and the applicant may construct, (a to securing, neccmary..pzrmits). a new rPsidenr;al. samet re -at.2401 Black Lake Road subject to the following conditions: A) Structure shall be built on same footprint of existing structure. B) Total existing hardcover (which is in conformance at 30%) may not be increased. C) A setback variance from Black Lake Road (street setback) of 17.8 feet on northeast comer and 15.7 feet on southeast corner is approved. D) A setback variance of 0.7 feet from west elevation (sideyard setback) is approved. E) A setback variance of 11.5 feet from Black Lake (Ordinary High Water Mark setback) is approved. F) Acknowledged receipt of capped well on the property. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SPRING PARK ON THIS 14th DAY OF _ April , 2003. ATTEST: WII,LIAM D. WEEKS ADMINISTRATOR/CLERK/TREASURER i Poor Quality Document Disclaimer The original or copy of a document or page of a document presented at the time of digital scanning contained within this digital file may be of substandard quality for viewing, printing or faxing needs. CITY OF SPRING PARK SPRING PARK, MINNESOTA MINUTES PLANNING COMMISSION MARCH 26, 2003 7:30 P.M. — CITY HALL 1. CALL TO ORDER Pledge of Allegiance Chair Karpas called the meeting to order at 7:30 p.m. followed by the Pledge of Allegiance. 2. ROLL CALL Mork Bredeson, Anderson, Karpas, Klein, Hughes, Adrian and Ex-Officio Stone were present and Nelson was excused. Staff present: Deputy Clerk Corl. OATH OF OFFICE Deputy Clerk gave the oath of office to Gary Hughes, and Mike Adrian. 3. ADOPT AGENDA Motion by Mork Bredeson seconded by Klein to adopt the agenda. All votes were aye. Motion declared carried. 4. APPROVAL OF MINUTES — February 12, 2003 Motion by Anderson seconded by Klein to approve the minutes for the Planning Commission Meeting February 12, 2003. All votes were aye. Motion declared carried. 5. PLANNING COMMISSION a) Variance Request — Graham Neve, 2401 Black Lake Road 1. Open Public Hearing Karpas opened the public hearing at 7:30 p.m. and read the following notice published in the Laker Newspaper March 1, 2003: NOTICE hereby given that the Planning Commission will hold a public hearing on Wednesday March 12, 2003, at 7:30 p.m. or as soon thereafter as Planning Commission — 3/26/03 1 . possible at the Spring Park City Hall, 4349 Warren Avenue, to hear comments on a request to demolish a nonconforming house and rebuild on the same foundation. Graham Neve 2401 Black Lake Road PID 18-117-23-43-0185 All oral and written comments for and against will be heard at the above time and place. It was noted at the meeting March 1, 2003 the rescheduled public hearing would be March 26, 2003, at 7:30 p.m. at City Hall. 2. Discussion & Comments a) NAC — 3/7/03 Paul Fadell was present representing Graham Neve because Neve is out of town. Karpas asked the exact variances from the street and the water. Hughes said they are approximately 18 feet from Black Lake Road and approximately 15 feet from the ordinary high water mark. Karpas pointed out the lot is an unusually shaped lot. It was noted the variance request is to tear down the existing structure and build a new structure on the footprint. Adrian asked if it would be built on a concrete slab and was told it will be. Fadell commented it is possible some walls may be reused if they are salvageable. Karpas read the recommendation from Planner and gave an overview of the proposed variance request. It was noted the Planner stated the lot is not a buildable lot. Klein asked if there were plans to build a deck. Fadell said not at this time because there is no place to go without a variance. Klein asked the square footage of the structure and was told 880 square feet. Hughes asked if there was a reason his name is not on the application. Fadell said Neve has done most of the work so far. Klein noted the application states the previous owner was told by an engineer that the existing structure is not safe to build on and this was known when the house was purchased. William Bartell, 2398 Black Lake Road asked what Fadell was going to do with the existing well on the property because it should be capped. Adrian asked if anything was going to be done by the retaining wall. Fadell said they hope to put in some landscaping but right now posts are placed there by the City. Klein asked how much higher the structure will be and she was told approximately 5 feet. Hughes asked if there was going to be a bedroom upstairs. Fadell said there would be a loft bedroom. Adrian referred to the garage door and asked if a Planning Commission — 3/26/03 2 0- 46 garage is there and will it be used. Fadell said there will be no garage and the current garage door will be refinished for character. Adrian also asked where the parking would be. Fadell said there is room in the driveway for two cars. Anderson verified the structure would go on the same footprint. Klein asked if a walkout is being considered and was told yes. Having no further discussion the public hearing was closed. 3. Close Public Hearing Motion by Karpas seconded by Adrian to close the public hearing at 7:47 p.m. All votes were aye. Motion declared carried. 4. Recommendation to Council Karpas said he is in support this variance request because of the planner's statements and feels the best plan for this structure is the one presented. Klein asked what the neighbors think and Fadell said they support it. Hughes said he is concerned with the time frame because he has looked at the unkempt property for 4 years. Fadell said they hope to have it finished by August. Hughes referred to the Zoning Ordinance Section 7, page 80, Subd C, 7. "Notifications to the Department of Resources". He said if the Planning Commission recommends approval of the variance request to the Council he would like this segment of the ordinance researched before any Council approval. Motion by Anderson seconded by Mork Bredeson to recommend to the Council approval of the variance request for Graham Neve, 2401 Black Lake Road, to demolish the house and rebuild on the same footprint with the above -mentioned condition. In discussion Karpas noted the variance: will not impair light and air for adjoining properties; it will not unreasonably increase traffic congestion; it will not increase fire hazard or cause safety problems; will not unreasonably diminish property values in the vicinity; will not be contrary to the intent of the ordinance; will not violate the intent of the Comprehensive Plan. All votes were aye. Motion declared carried. b) Variance Request — Doug Sippel, 2241 Hazeldell Avenue 1. Open Public Hearing Chair Karpas opened the public hearing at 7:55 p.m. and read the following notice published in the Laker Newspaper March 1, 2003: Planning Commission — 3/26/03 3 OCT-30-2002 13:56 NAC 612 595 9837 P.01iO3 NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 655, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com MEMORANDUM TO: FROM: DATE: RE: FILE NO- Bill Weeks Alan Brixius October 30, 2002 Spring Park — Non -Conforming Lot on Black Lake Road 175.01 — General �- CV Per our discussions on October 29th, you inquired as to what the expandability option for the house located on a Parcel B along Black Lake Road may be. Apparently, some interest has been given to the acquisition of the lot with inquiries regarding the expansion of the house or the replacement of the house as exists today. I have reviewed the survey that you sent and offer the following comments: The site is zoned R-1 which requires a 30 foot front yard setback from Black Lake. Road, 10 foot side yard setbacks, and 10 foot rear yard setbacks. Additionally, the building must be setback 50 feet from the ordinary high water mark of Black Lake. Exceptions to the front yard setback may be given where existing buildings along the same block fail to meet the required 30 foot setback. Then the setback shall be the average setback of those homes within the same block. This may make the existing house conforming in relation to the properties to the south. Before we give any recommendations or direction to a potential property buyer, we should receive a new survey that illustrates the following: 1. Property lines. 2. Setback from the Black Lake Road right-of-way. 3. Setback of other homes within the same block from Black Lake Road, 4. Designation of the ordinary high water mark for Black Lake with the required 50 foot setback. 5. Illustrations of existing easements that may encumber the property. 6. We should also see topographic contours that would illustrate any limitations to the property use. ,OCT-30-2002 13:57 NAC 612 595 9837 P.02iO3 I believe there are opportunities for this property to be purchased and renovated in .accordance with the City ordinance, however, any expansion plans would have to illustrate future setbacks. Please call me with any further questions. 2 c) Close Public Hearing Motion by Widmer seconded by Stone to close the public hearing and adjourn the Board of Review at 7:50 p.m. All votes were aye. Motion declared carried. Rockvam noted the roll remained the same for the remaining Council business. 5. MISCELLANEOUS a) Approval of Council Minutes — April 7, 2003 Motion by Williamson seconded by Widmer to approve the minutes for the Council Meeting April 7, 2003. All votes were aye. Motion declared carried. 1. Variance Request Continuation, Graham Neve, 2401 Black Lake Road a) Resolution 03-10 — Approving Variance for 2401 Black Lake Road Subject to Conditions Weeks said the Council asked for specific measurements and the applicant submitted a revised survey showing those measurements. Rockvam read the conditions in the resolution that reflects all of the dimensions. He clarified to Neve the structure will be totally replaced. Widmer asked the status of the capped well. Rockvam said the receipt for the capped well should be one of the conditions. Motion by Hoffman seconded by Stone to approve Resolution 03-10, approving the variance for 2401 Black Lake Road subject to conditions with the addition of the receipt for the capped well. All votes were aye. Motion declared carried unanimously. b) Establish Workshop Date With Engineer Re: Water Tower Weeks said possible dates for this meeting are April 23rd or 30d'. Hoffman suggested coordinating this meeting on the same day as the Adjourned Board of Review. Weeks will coordinate this and notify the Council. In another matter Rockvam asked if there was anything new from the legislature regarding budget cuts and was told no. He inquired about parking at Bayview Apartments. He said they have one extra parking place and all the other spaces are designated for parking cars not for storage of boats and trailers. Weeks noted the Police Commission Meeting is cancelled as both Sgt. Erickson and Chief Good are out of town. Rockvam asked for an update on the trailer in the parking lot on the corner of Sunset and Shoreline. Weeks said he has spoken with the owner and Board of Review - 4/14/03 3 Date 2- 21�03 Fee Paid a ($100) lee APPLICATION FOR VARIANCE CITY OF SPRING PARK Name of Property Owner t1AM 61EVE Address of Property Owner sn o eA&Ty1Ew4%,r- Movivp, FIN vs36t Phone colt- Street Location of Property 2-4o1 BLAck i-ticg- r-p. SMN(;rPAPlc MN ssag¢ Legal Description of Property SEE Ait,4c14NENT Description of Request 7,zc;v- Hoe- and 'build hrah.4 new hosae- oh e-Micf Footent, t, Reason (Hardship) For Request rrn p p r+V-f- let (yaS W-d Safc ±o build " oh: J 4,k- TttQ- -Fe-rmm w.t\ (\off Ie-t rAe- re, -Iocaie -t♦t4, hour e.. HARDSHIP: "A PHYSICAL CHARACTERISTIC THAT IS UNIQUE TO A PARCEL OF LAND, NOT CREATED BY THE LANDOWNER, THAT PROHIBITS THE REASONABLE USE OF THE PARCEL UNDER CONDITIONS ALLOWED BY THE OFFICIAL CONTROLS. ECONOMIC CONSIDERATIONS ALONE WILL NOT BE SUFFICIENT TO CONSTITUTE A HARDSHIP IF A REASONABLE USE OF THE PROPERTY IS PERMITTED UNDER THE TERMS OF THE LAND USE CONTROL ORDINANCE." Has a request for a variance on the subject site of any part thereof been previously sought? Yes or No X I If yes, when? Requirements: Application, Survey, Fee Paid Processing Time: Approximately Six (6) Weeks Attach a survey showing the location of the proposed building in relation to lot lines, other buildings on the property and buildings on adjoining properties in relation to lot lines, locations of street(s), location(s) of all easements on the property. Survey must be current (depicts all existing structures apd includes above information). Applicant's Signature Approved or Denied by the Planning Commission on Reason (if denied) Approved Reason (if denied) Special Provisions or Denied by the City Council on A building permit must be applied for within one (1) year from the date of approval of this variance or it becomes null and void. >400 rCOW 1V I l4 OD CAN ago O g V) AO 50.20 S8T°24 00.. . _O �J O �, t 0 .� 00 2v.� ol;N830T 26 3 ( yy 25. (0 �I ire- .^: ► } :� �� , 4' �,tt a etonka and the Noah Half of 70.67 r�I IrL -follows: All that .pain of said Lot ad 00 feet south of the northeast , m th line thereof and that part of / I 4 CITY OF SPRING PARK SPRING PARK, MINNESOTA NOTICE OF PUBLIC HEARING VARIANCE APPLICATION NOTICE is hereby given that the Planning Commission will hold a public hearing on Wednesday March 12, 2003, at 7:30 p.m. or as soon thereafter as possible at the Spring Park City Hall, 4349 Warren Avenue, to hear comments on a request to demolish a non- conforming house and rebuild on the same foundation Graham Neve 2401 Black Lake Road PID 18-117-23-43-0185 All oral and written comments for and against will be heard at the above time and place. CITY OF SPRING PARK William D. Weeks Administrator/Clerk/Treasurer (Please publish in the Laker March 1, 2003) CITY OF SPRING PARK SPRING PARK, MINNESOTA NOTICE OF PUBLIC HEARING VARIANCE APPLICATION NOTICE is hereby given that the Planning Commission will hold a public hearing on Wednesday March 12, 2003, at 7:30 p.m. or as soon thereafter as possible at the Spring Park City Mall, 4349 Warren Avenue, to hear comments on a request to demolish a non- conforming house and rebuild on the same foundation Graham Neve 2401 Black Lake Road PID 18-117-23-43=0185 All oral and written comments for and against will be heard at the above time and place. CITY OF SPRING PARK William D. Weeks Administrator/Clerk/Treasurer (Please publish in the Laker March 1, 2003) Dear Property Owner: This notice is being sent to you to comply with the provisions of the City's Zoning Ordinance that: "Written notification of the hearing shall be mailed to all owners of land within 350' of the boundary of the property in question." Your property is within that 350 foot radius. City of Spring Park Property within 350' of Graham Neve Croix Oil 2401 Black Lake Road 5560 Eastview P O Box 15 Minnetrista, MN 55364 Stillwater, MN 55082 Paul Meisel P O Box 258 Mound, MN 55364 Lynn Bremer 4030 Williston Rd Minnetonka, MN J B Connors POBox 66 St. Boni, MN 55375 Richard Hardina 4372 Shoreline Drive 55345 Spring Park, MN 55384 Craig Gustafson 4373 Shoreline Drive Spring Park, MN 55384 Richard Zejdlik 7374 Kirkwood Court Maple Grove, MN 55369 James Bedell 2627 Wilshire Blvd. Mound, MN 55364 Christopher Snow 2421 Black Lake Road Spring Park, MN 55384 Andrew Frieler 2433 Black Lake Road Spring Park, MN 55384 Neil Schoenhofen 2436 Black Lake Road Spring Park, MN 55384 Richard Solberg 6036 Oaklawn Avenue Edina, MN 55424 Stephen Erickson 4367 Shoreline Drive Spring Park, MN 55384 Gary Hughes 4343 Shoreline Drive Spring Park, MN 55364 Todd Simmons 1846 Johnson St. Minneapolis, MN 55418 Lawrence Schussler 2425 Black Lake Road Spring Park, MN 55384 Michael Adrian 2437 Black Lake Road Spring Park, MN 55384 Ron Olson 2424 Black Lake Road Spring Park, MN 55384 Michael O'Flanagan P0Box 311 Spring Park, MN 55384 Patrick O'Flanagan P O Box 223 Spring Park, MN 55384 Michael Littell 4361 Shoreline Drive Spring Park, MN 55384 William Ellis 4329 Shoreline Drive Spring Park, MN 55364 Jack Schuster 4634 Kildare Mound, MN 55364 Wm Bartolotto 2429 Black Lake Road Spring Park, MN 55384 Scott Suttle 2447 Black Lake Road Spring Park, MN 55384 Todd Johnson 2412 Black Lake Road Spring Park, MN 55384