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Variances - 2406 Black Lake Road - 5/28/2021CITY OF SPRING PARK SPRING PARK, MINNESOTA RESOLUTION 06 -12 A RESOLUTION REGARDING VARIANCE REQUESTS FOR 2406 BLACK LAKE ROAD WHEREAS, Brandeis Meyer, the owner of property located at 2406 Black Lake Road, originally requested the following six variances for the construction of a home on her property: (1) lot area, (2) lot width, (3) impervious surface, (4) 10 foot side yard setback on the south side of the property, (5) 30 foot side yard setback abutting public right of way on the north side of the property, and (6) building height; and WHEREAS, the City Planner, Northwest Associated Consultants, Inc., prepared a report dated February 17, 2006 with respect to the variance requests, which report includes an analysis of the criteria for the approval of the requested variances; and WHEREAS, the Planning Commission held a public hearing on the variance request on March 8, 2006; and WHEREAS, at the public hearing, the property owner stated that the building could be redesigned to eliminate the need for the building height variance, and that the building could be redesigned and relocated on the lot to eliminate the need for the variance for side yard set back on the south side of the property; and WHEREAS, the Planning Commission voted to recommend to the City Council approval of the 30 foot side yard setback abutting a public right of way variance on the north side of the property, the lot area variance, the lot width variance and the impervious surface variance; and WHEREAS, the Planning Commission voted to recommend to the City Council denial of the building height variance and the side yard setback variance on the south side of the property; and WHEREAS, at the City Council meeting held on March 20, 2006, the property owner submitted revised plans for the building which eliminated the need for the building height variance and the side yard setback variance on the south side of the property; and WHEREAS, at the City Council meeting the Council decided that additional information was needed regarding the location of the water main pipe in the easement area on the north. side of the lot and the soil conditions in and around the easement area before it could make a decision to approve or deny the request for a variance for the side yard setback abutting a public way on the north side of the property and that certain conditions would be required for the possible approval of the variances; and WHEREAS, the City Council approved a motion to table the variance requests to its next meeting to give the property owner time to provide the additional information requested; and WHEREAS, the City Council approved a motion to give the property owner a vote of confidence for the project provided that all of the conditions imposed by the Council were met and the additional information requested is satisfactory to the Council; and WHEREAS, the property owner has provided the Council with the additional information requested regarding the location of the water main pipe in the utility easement and the soil type in and around the easement area, and this information supports approval of a variance to allow construction of the building up to the easement on the north side of the lot. NOW THEREFORE, in consideration of the foregoing, it is hereby: RESOLVED: that because of the unique hardships particular to the lot (including small lot size, utility easement and public right of way) which are not caused by the property owner and would prohibit reasonable use of the lot by the construction of a single family home of contemporary standards without variances from the strict application of the zoning ordinance, and because the approval of variances to permit the property owner to build a single family home on the lot will not (a) give the property owner any special privilege not enjoyed by other owners of single family residential lots in the City, (b) impair an adequate supply of light and air to adjacent properties, (c) unreasonable increase congestion in the public streets, (d) increase the danger of fire or endanger public safety, (e) unreasonably diminish or impair established property values in the neighborhood, or (/) violate the intent and purpose of the Comprehensive Plan, the City Council hereby approves the following variances: 1. A variance for side yard setback abutting a public way on the north side of the lot, provided that (1) the building, including its footings, does not encroach onto the utility easement located on the north side of the lot, and (2) the property owner enters into an agreement with the City, that is approved by the City Council, which agreement includes (a) a provision holding the City harmless for any damage to the building, garage or the contents thereof, both during construction and at any time in the future, caused by any break or rupture of the water main pipe located in the utility easement located along the north side of the lot and (b) a provision that during construction, the easement area will be cordoned off with temporary construction fencing so that no heavy construction equipment or vehicles will be permitted on the utility easement during construction of the building; 2. A variance from the impervious surface requirements, provided that the impervious surface not exceed 34 percent of the total lot area and subject to the conditions contained herein; A variance for lot area, subject to the conditions contained herein; 4. A variance for lot width, subject to the conditions contained herein. Resolution 06-12 2 2 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. FURTHER RESOLVED: that the following conditions apply to all of the variances granted herein: 1. Building plans must be reviewed and approved by the City Engineer. 2. Building plans must be reviewed and approved by the Building Inspector. 3. Building plans must be reviewed and approved by the Fire Chief. 4. The building must comply with all applicable Building Regulations. 5. Grading of the property must not direct water onto adjacent properties. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SPRING PARK THIS 3rd DAY OF APRIL , 2006. ATTEST: William D. Weeks Administrator/Clerk/Treasurer APPROVED: Jerome P. Rockvam Mayor Resolution 06-12 3 3 6,6 CITY OF SPRING PARK SPRING PARK, MINNESOTA RESOLUTION 06-12 A RESOLUTION REGARDING VARIANCE REQUESTS FOR 2406 BLACK LAKE ROAD WHEREAS, Brandis Meyer, the owner of property located at 2406 Black Lake Road, originally requested the following six variances for the construction of a home on her property: (1) lot area, (2) lot width, (3) impervious surface, (4) 10 foot side yard setback on the south side of the property, (5) 30 foot side yard setback abutting public right of way on the north side of the property, and (6) building height; and WHEREAS, the Planning Commission held a public hearing on the variance request on March 8, 2006; and WHEREAS, at the public hearing, the property owner stated that the building could be redesigned to eliminate the need for the building height variance, and that the building could be redesigned and relocated on the lot to eliminate the need for the variance for side yard set back on the south side of the property; and WHEREAS, the Planning Commission voted to recommend to the City Council approval of the 30 foot side yard setback abutting a public right of way variance on the north side of the property, the lot area variance, the lot width variance and the impervious surface variance; and WHEREAS, the Planning Commission voted to recommend to the City Council denial of the building height variance and the side yard setback variance on the south side of the property; and WHEREAS, at the City Council meeting held on March 20, 2006, the property owner submitted revised plans for the building which eliminated the need for the building height variance and the side yard setback variance on the south side of the property; and WHEREAS, at the City Council meeting the Council decided that additional information was needed regarding the location of the water main pipe in the easement area on the north side of the lot and the soil conditions in and around the easement area before it could make a decision to approve or deny the request for a variance for the side yard setback abutting a public way on the north side of the property and that certain conditions would be required for the possible approval of the variances; and WHEREAS, the City Council approved a motion to table the variance requests to its next meeting to give the property owner time to provide the additional information requested; and WHEREAS, the City Council approved a motion to give the property owner a vote of confidence for the project provided that all of the conditions imposed by the Council were met and the additional information requested is satisfactory to the Council; and Resolution 06-12 1 WHEREAS, the property owner has provided the Council with the additional information requested regarding the location of the water main pipe in the utility easement and the soil type in and around the easement area, and this information supports approval of a variance to allow construction of the building up to the easement on the north side of the lot. NOW, THEREFORE, in consideration of the foregoing, it is hereby: RESOLVED: that a variance for side yard setback abutting a public way on the north side of the lot is approved, provided that (1) the building, including its footings, does not encroach onto the utility easement located on the north side of the lot and (2) the property owner enters into an agreement with the City, that is approved by the City Council, which agreement includes (a) a provision holding the City harmless for any damage to the building, garage or the contents thereof, both during construction and at any time in the future, caused by any break or rupture of the water main pipe located in the utility easement located along the north side of the lot and (b) a provision that during construction, the easement area will be cordoned off with temporary construction fencing so that no heavy construction equipment or vehicles will be permitted on the utility easement during construction of the building; and FURTHER RESOLVED: that the variance for impervious surface is approved, provided that the impervious surface not exceed 34 percent of the total lot area and subject to the conditions contained herein; and FURTHER RESOLVED: that the variances for lot area and lot width are approved subject to the conditions contained herein; and FURTHER RESOLVED: that the following conditions apply to all of the variances granted herein: 1. Building plans must be reviewed and approved by the City Engineer. 2. Building plans must be reviewed and approved by the Building Inspector. 3. Building plans must be reviewed and approved by the Fire Chief. 4. The building must comply with all applicable Building Regulations. 5. Grading of the property must not direct water onto adjacent properties. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SPRING PARK THIS 3rd DAY OF APRIL, 2006 APPROVED: ATTEST: William D. Weeks Administrator/Clerk/Treasurer Jerome P. Rockvam Mayor Resolution 06-12 2 Sd CITY OF SPRING PARK MEMO April 28, 2006 To: Mayor & Council From: William D. Weeks Administrator RE: Variance Request — Brandis Meyer, 2406 Black Lake Road Nancy Beck will either e-mail or fax a Memo of Explanation for the referenced variance request prior to Monday's May 1st Council meeting. Copies of said memo will also be distributed to Council members at the meeting. '�y "t William . Weeks Administrator/Clerk/Treasurer WW/wl FEB-08-2006 09:55 TARGET MP OPS Feb. 1. 2003 4:12PM 612 761 4975 P.02 No-2610 P- 2 A FLICATiON JhOR'VARJANCF, CITY OF SPRING PARK 4349 WARRLN AVENUE sPR1N'G PARK, MCI 55384 Name or Property Owner Address of Property Owner Street Location of Prop 1,egai Description of Pr Description of Request Reacnn (Hardship) For Request L;-, 5- 40--� * Fee S2S0 Date Paid hone &/I . 32.5/S� IIARDSHU; "A I'HY,1CA[, c;N �lt4C'11;1ti5'ilC TIiAT I$ UNIQtJ T4 A PARCEL Ur' LA1ND, NO.1' CkEA'1.CD BY TIIE LANDOWNER, THAT PRORWITS TILE RE'ASONAAi,E USE OF THE PARCEL UN DER CONDl'1'lON'S ALLOWED BY THE. OFFICIAL C;OIv'114LOLS. ECONOMIC CONSIDERATIONS ALONY WILL NOT BE SUFFICIENT TO CONSTITUTE A HARUSiilr lF A REASONABLE USE OF TIM PROPERTY lS PF RM I"{" t'EL) Ui4 u1;R TILE TEP-MS OF THE i.AND I JSE (.'ON'1'ROL OX DEN ANCE," Has a request for a variance n the subject site of any part thcrcoi' been previously sought? 'y us or No =/ If yes, when? Rcqu irc nienLc: Application, Survey, Fee Paid Processing Time: Approximately Six (6) Weeks Attach of 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 strcet(s), ioestion(s) or All easements on the property, Survey must he current (depicts all existing structures and includes t1bove information). Applicant's Signature Apl)roved or Denied by the Piaaning Commission on .Reason (if denied) Approved or Denied _ by the City Council on Reason (if denied) Special Provisions HEAD, SEIFERT & VANDER WEIDE A Professional Association Attorneys at Law 333 South Seventh Street, Suite 1140 Minneapolis, Minnesota 55402-1823 Telephone 612.339.1601 Facsimile 612.339.3372 Cell Phone 612.501.6196 MEMORANDUM To: Spring Park City Council From: Nancy Beck Date: March 31, 2006 Re: Proposed Resolution regarding the Approval of Variances for 2406 Black Lake Road I have attached a proposed resolution for approval of the variances requested for 2406 Black Lake Road. Depending upon the results of the soil borings and the test locating the water pipe within the utility easement, the conditions and/or approvals contained in the resolution may need to be revised. The proposed resolution is drafted based on the assumption that the water pipe is located at least 7 feet from the south edge of the utility easement and that the soil borings do not indicate major problems with construction in the vicinity. HEAD, SEIFERT & VANDER WEIDE A Professional Association Attorneys at Law 333 South Seventh Street, Suite 1140 Minneapolis, Minnesota 55402-1823 Telephone 612.339.1601 Facsimile 612.339.3372 Cell Phone 612.501.6196 MEMORANDUM To: Spring Park City Council cc: Bill Weeks, City Administrator From: Nancy Beck Date: April 3, 2006 Re: Revised Resolution regarding the Black Lake Road Variance Requests I have attached a revised resolution for the Black Lake Road variance requests. I made 2 changes which are shown in italics in the document. I added one "whereas" clause referencing NAC's report, and I added a paragraph to the first resolution covering the findings of fact that need to be made in order to grant a variance. Tom Seifert will be at the meeting this evening, so he will be able to answer any questions that you may have. FEB-oe-2006 09:55 TARGET MP OPS Fa - 1 2006 4:12PM 612 761 4975 P.03 C J J L J 7/ J' J L J U N. J No-2670 P• 3 Variance Application Page 2 A Building permit must he applied for within one (1) year from the date of approval of this Variance or it becomes null and void. Elevation drawing of variance request must include: Lot Lutes Street Location Distance from Side & Rear Lot. Lines Setback frum Front Lot Line to Structure Include Landscaping & Location of Access Drives If applicable: show distance from garage to house show distance from garage to side or rear lot lines slow any buildings in relation to the ordinary high water mark of 929.4 %Thc fulluwing expenses are not included in the Variance Application Fee and are the applicant's respvnsibdity; Filing the variance with Hennepin County Expenses incurred by the City Attorney sad City Enginecr relating to the variance request TOTAL P.03 Jam and Smudge Free Printing www.averycom Use Avery® TEMPLATE 526OTM ® 1-800-GO-AVERY ❑ A��® i260*"" Brandis Meyer 1728 3`d St NE Minneapolis MN 55413 Chris Snow 2421 Black Lake Rd Spring Park MN 555384 Andrew Frieler 2433 Black Lake Rd Spring Park MN 55384 Tom Stokes c/o Brenshell Homes 4052 Oakland St Boni MN 55375 Neil Schoenhofen 2436 Black Lake Rd Spring Park MN 55384 Barry Schultze 4357 Channel Road Spring Park MN 55384 Sheldon Meyers 4325 Channel Rd Spring Park MN 55384 Daniel Pinault 4360 Channel Rd Spring Park MN 55384 Michael Roland 3820 Games Dr Minnetrista MN 55375 Croix Oil Co PO Box 15 Stillwater MN 55082 Graham Neve 2401 Black Lake Rd Spring Park MN 55384 Lawrence Schussler 2425 Black Lake Rd Spring Park MN 55384 Roxanne Rockvam P.O. Box 88 Spring Park MN 55384 Frederick Germain 2418 Black Lake Rd Spring Park MN 55384 Richard Bergslien 2444 Black Lake Rd Spring Park MN 55384 Iris Dryer 4349 Channel Road Spring Park MN 55384 John Headlee 4317 Channel Rd Spring Park MN 55384 Nicole Kormanik 4368 Channel Rd Spring Park MN 55384 Walter Bittner 4309 Rose Hill Lane Spring Park MN 55384 James Rhines 4317 Shoreline Dr Spring Park MN 55384 Vasillios Spanoviannopoul 4621 Bryant Ave So Minneapolis MN 55419 Wm Bartolotto 2429 Black Lake Rd Spring Park MN 55384 Scott Suttle 2447 Black Lake Rd Spring Park MN 55384 Ron Olson 2424 Black Lake Rd Spring Park MN 55384 Tim McDonald 4365 Channel Rd Spring Park MN 55384 Debra Fischer-Vertnik 5217 Windsor Road_ Mound MN 55364 Lyman Barclay 4372 Channel Rd Spring Park MN 55384 Robert C Larson 2447 Interlachen Rd Spring Park MN 55384 Beverly Crawford PO Box 205 Spring Park MN 55384 Steve Bedell 5459 Bartlett Blvd Mound MN 55364 :,W09Z5 ®AtJ3Ay 1�% 1 Aa3Ad-09-008-t o jw09ZS 1!jege6 m al zasi n Wm-AJBAP-MMM anuioi aRcnewac o -in nApiinnnnno rsnoccaaduu Jam and Smudge Free Printing Use Avery® TEMPLATE 5260T- Wm Ellis 4329 Shoreline Dr Spring Park MN 55384 Patrick O'Flanagan PO Box 223 Spring Park MN 55384 Lynn Bremer 26834 Chippewa Dr Garrison MN 56450 Michael O'Flanagan PO Box 223 Spring Park MN 55384 www.averycom 1-800-GO-AVERY George Norling PO Box 361 Spring Park MN 55384 Craig Gustafson 4373 Shoreline Dr Spring Park MN 55384 Stephen Erickson 4367 Shoreline Dr Spring Park MN 55384 Randy Zejdlik Redevco Inc/Baton Corp 7374 Kirkwood Court Maple Grove MN 55369 aAVERYO 5260TM Paul & Pat Meisel PO Box 258 Mound MN 55364 Richard Hardina 4372 Shoreline Dr Spring Park MN 55384 Michael Littell 4363 Shoreline Dr Spring Park MN 55384 Gary Hughes 4343 Shoreline Dr Spring Park MN 55384 a Aa3AV-0"08-t ® .09ZS luege6 ai zesimn -jw09Z5 G)M3AV w01-fG9neyW%NM ® apidea 96ey3*qs a is a6eajnogiiue uoissaidwl APPLICATION FOR VARIANCE CITY OF SPRING PARK f C NAME OF APPLICANT lelCORP A ADDRESS (:g O36 INTEREST IN PROPERTY W �( e FEE OWNER (if other than applicant) ADDRESS ADDRESS OF PROPERTY LEGAL DESCRIPTION OF PROPERTY S /:zi-!Yi c—> IBLacr, FEE $ e - po. TEL. NO. ?2,Z 0737 TEL. NO. RID- /a oc)pS ZONING �Ps�i�P,jT/,9L REQUEST FOR VARIANCE IN REQUIREMENT FOR FRONT YARD SIDE YARD REAR YARD ACCESSORY BUILDING LOT SIZE OTHER (describe) REASON: I�e 16f Is keg yo)omkir. 7+00sz (-: -0, =- f U • f Q \_ /0 Ln f f- t '-� ts a1p �x�sl� (mil re�o�•�` (Attach a survey or scale drawing showing the location of the proposed building in relation to lot lines, other buildings on the property and on adjoining properties and streets.) 1---) _ /) n A P P L I C A N T 11 _._ L %°,mil �``' &` ADDRESS (;:5 Q S 6 �c�Kl �W N 4U11r, DATE PLANNING COMMISSION RECOMMENDATION: Variance not granted see minutes DATE august 10, 1983 COUNCIL ACTION Variance granted provided DATE August 15, 1983 no other variances are requested. RESOLUTION NO. A BUILDING PERMIT MUST BE APPLIED FOR WITHIN 1 YR. FROM THE DATE OF .THIS RESOLUTION OR IT BECOMES NULL AND VOID.