2009-09-29 specialAGENDA
Page
Call meeting to order
2. Pledge of Allegiance
3. Planning Commission Recommendation
Review /action on Planning Case No. 09 -14
Variance — side setback for new house construction/addition project 1983 -2002
4942 Edgewater Drive
Kristopher and Jackie Kramer
Planning Commission Recommendation: -to be presented
4. Adjourn
. rowl
AAML)
WE-
NOTICE OF PUBLIC MEETING
NOTICE OF SPECIAL MEETING OF THE MOUND CITY COUNCIL
NOTICE IS HEREBY GIVEN that members of the Mound City
Council, including a quorum of the body, may attend a special
meeting of the Planning Commission to be held on Tuesday,
September 29, 2009 at 7:00 PM in the Council Chambers at Mound
City Hall, 5341 Maywood Road, Mound, MN for the purpose of
listening to the Staff Report and Planning Commission discussion for
a variance request for the property at 4942 Edgewater Drive as a
special City Council meeting has been scheduled for Tuesday,
September 29, 2009 at 7:30 PM for formal review /action of the
variance application for the aforementioned property. •
The meeting is open to the public. All interested persons are welcome
and invited to attend.
Posted: September 25, 2009
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"H'� 9�o-
NOTICE OF SPECIAL PLANNING COMMISSION
MEETING
Notice is hereby given that the Mound Planning Commission will hold
a special meeting on Tuesday, September 29, 2009 at 7:00 PM at
Mound City Hall, 5341 Maywood Road, Mound, MN for the purpose
of review /discussion /recommendation regarding a variance
application at 4942 Edgewater Drive and for review /approval of a
request for use of an existing survey at 5009 Wilshire Boulevard for
an upcoming land use application. The meeting is open to the
public. All interested persons are invited to attend.
Posted: September 25, 2009
5341 Maywood Road
City of Mound
Mound, MN 55364
(952) 472 -0604 Planning and Building Department
•
PLANNING REPORT
TO: Honorable Mayor and City Council, Planning Commission, Mound Staff and
Consultants
FROM: Sarah Smith, Community Development Director
DATE: September 25, 2009
SUBJECT: Variance Request — Side setback for foundation of new house (after the
fact)
OWNERIAPPLICANT: Kristopher and Jackie Kramer
PLANNING CASE NUMBER: 09 -14
LOCATION: 4942 Edgewater Drive
ZONING: Residential District R1 -A Single Family Residential
COMPREHENSIVE PLAN: Residential
Summary •
The applicants, Kristopher and Jackie Kramer, have submitted a variance application
and are requesting approval to allow an east side setback of 5.6 FT (closest point of the
foundation) for the house replacement project at 4942 Edgewater Drive (after the fact).
The variance is described below:
Existina Proposed Required Variance
House foundation 5.6 FT 5.6 FT 6.0 FT .4 FT (4.8 inches)
(east side — closest point)
Background
• A building permit was issued on September 1, 2009 for construction of a new
house and construction of a conforming addition (breezeway) to connect the
existing detached garage which is proposed to undergo an exterior renovation.
The previous house on the property, which was constructed in 1987 and was
generally located in the same vicinity, was destroyed by accidental fire in
January 2009.
• On September 23, 2009, the foundation survey was submitted in accordance
with City policy at which time it was learned that the Insulated Concrete
Foundation (ICF) did not meet the minimum setback of 6.0 FT due to an error
that occurred on site and appears to be attributed to a
staking /excavation /pouring error. It appears the applicants had no reason to •
know of the error. The owner(s) / applicant(s) and Staff will provide further
comment on this item at the meeting(s).
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REVIEW PROCEDURE
City Code Section 350:530 Subd. 1 outlines the criteria for granting variances in the
City of Mound and generally states that a variance to the provisions of the Zoning
Ordinance may be issued to provide relief to the landowner in those areas where the
ordinance imposes undue hardship or practical difficulties to the property owner in the
use of his or her land. A variance may be granted only in the event that the following
circumstances exist:
A. Exceptional or extraordinary circumstances apply to the property which do not
apply generally to other properties in the same zone or vicinity, and result from
lot size or shape, topography, or other circumstances over which the owners of
property since enactment of this ordinance have no control.
B. The literal interpretation of the provisions of this ordinance would deprive the
applicant of rights commonly enjoyed by other properties in the same district
under the terms of this ordinance.
C. That the special conditions or circumstances do not result from the actions of
the applicant.
D. That granting of the variance requested will not confer on the applicant any
special privilege that is denied by this Ordinance to owners of other lands,
structures or buildings in the same district.
E. The variance requested is the minimum variance which would alleviate the
hardship.
F. The variance would not be materially detrimental to the purposes of this
Ordinance or to property in the same zone.
60 -DAY PROCESS
Pursuant to Minnesota State Statutes Section 15.99, local government agencies are
required to approve or deny land use requests within 60 days unless an extension is
executed by the City. The variance application was received and deemed to be
complete on or around September 25, 2009.
NOTIFICATION
City policy requires that abutting property owners are notified of variance requests by
mailed notice. This task was undertaken on or around September 25, 2009.
CITY DEPARTMENT REVIEW
Copies of the supporting materials for the variance were provided to all involved City
departments /personnel for review /comment.
-1987-
GENERAL COMMENTS •
1. The standard side setback(s) for principal structures for lots of record in the R-
1A District are 6 FT, unless the site or structure does not contain a garage in
which case, one side yard setback is required to be 10 FT.
2. With regard to possible alternatives to modify the foundation to meet the 6 FT
requirement, it is Staff's understanding that the entire ICF foundation /form would
need to be removed, in addition to being very costly, this will delay the
construction schedule (ie. contractor scheduling, availability, etc) and may not
allow for "close -up" of the structure before winter. Based on discussion with the
applicant, construction on the new house / addition could not occur until all
issues associated with the fire including, but not limited to insurance matters,
had been satisfactorily resolved by the involved parties.
3. The constructed location of the ICF foundation (as shown on the survey) is not
the result of any actions by the applicants.
4. The adjacent house on the east side is located 5.4 FT from the shared lot line.
5. The "bump out" for the fireplace for the former house that was destroyed by fire
was located 5.6 FT from the east lot line according to the survey. The "new"
setback for the foundation on the east side (closest point) is shown at 5.6 FT.
6. Construction staging is tight on this site is difficult to the narrowness of the lot, •
g 9 9
and its topography, the location of adjacent structures and appurtances.
RECOMMENDATION
Based on its review, Staff recommends approval of the variance request based on the
following findings.
1. The conditions of City Code Section 350.530, Subd.1, (A), (C), (D), (E) and (F)
are being met.
2. The closest point of the former house (fire place bump -out) was located 5.6 FT
from the east property line.
3. A lot line adjustment with the neighboring property is not possible as the side
setback for the house is nonconforming.
4. Due to issues associated with the destruction of the former home, construction
on the current project could not occur until all issues related to the fire had been
satisfactorily addressed.
PIANNING COMMISSION AND CITY COUNCIL SPECIAL MEETING / REVIEW
• A special Planning Commission meeting has been scheduled to be held on
Tuesday, September 29, 2009 at 7:00 PM. A copy of the public notice has been
attached and was posted.
•
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A special City Council meeting has been scheduled to be held on Tuesday,
September 29, 2009 at 7:30 PM. A copy of the public notice has been attached
and was posted.
An additional special City Council meeting notice was prepared to allow
members of the City Council to attend the special Planning Commission meeting
being held on September 29, 2009 at 7PM in advance of the special City Council
being at 7:30 PM to listen to the Staff Report and Planning Commission
discussion regarding the requested variance on Edgewater Drive. A copy of the
public notice has been attached and was posted.
.;.
VARIANCE UZ OF 1- APPLICATION
5341 Maywood Road, Mound, MN 55364
Phone 952 - 472 -0600 FAX 952 - 472 -0620
Application Fee and Esc low Deposit require at tim of applicatio .
ql,- Planning Commission Date lam, Case No 07'
City Council Date •1 WOW
Please tvae or print leaibl
SUBJECT Address L40(4 2l '31C
PROPERTY
LEGAL Lot Block
DESC. Subdivision
PID # Zoning: R1 R1A R2 R3 131 62 B3 (Cirde one)
p
PROPERTY Name l� C�aL'JtJI K�n1�r Email
OWNER ~--
Address HgLA ICI�
Phone Home Wo ax
APPLICANT I Name . Email
(IF OTHER
THAN Address
OWNER) phone Home Work Fax
Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure
for this property? Yes ( ) No (x). If yes, list date(s) of application, action taken, resolution number(s)
and provide copies of resolutions.
Detailed description of proposed construction or alteration (size, number of stories, type of use, etc.):
n _ I— I -1 -%— - A . + - --
Variance Information
(1/6/2009) Page 4 of 6
-1990-
SS
401
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Case No.
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3. Do the existing structures comply with all area, height, bulk, and setback regulations for the zoning
district in which it is located? Yes ( ) No (%). If no, specify each non - conforming use (describe reason
for variance request, i.e. setback, lot area, etc.):
SETBACKS:
Front Yard:
(N S E W )
Side Yard:
( N S ®W )
Side Yard:
(N S EO )
Rear Yard:
(N S E W )
Lakeside:
(N S E. W )
(NSEW)
Street Frontage:
Lot Size:
Hardcover:
REQUIRED
ft.
LO
ft.
ft.
ft.
ft.
ft.
ft.
sq ft
sq ft
REQUESTED
(or existing)
ft.
ft.
ft.
ft.
ft.
ft.
VARIANCE
j ft.
ft.
ft.
ft.
ft.
ft.
sq ft sq ft
sq ft sq ft
4. Does the present use of the property conform to all regulations for the zoning district in which it is
located? Yes '/'), No ( ). If no, specify each non - conforming use:
5. Which unique physical characteristics of the subject property prevent its reasonable use for any of the
uses permitted in that zoning district?
too narrow O topography ( ) soil
( ) too small () drainage ( ) existing situation
( ) too shallow ( ) shape (4 other: specify ,5,x
16
Variance Information
(1/6/2009) Page.5 of 6
-1991-
i
Case No.
•
6. Was the hardship described above created by the action of anyone having property interests in the land
after the zoning ordinance was adopted (1982)? Yes ( ), No P. If yes, explain:
7. Was the hardhip created by any other man -made change, such as the relocation of a road?
Yes ( ), No ). If yes, explain:
8. Are the conditions of hardship for which you request a variance peculiar only to the property described in
this petition? Yes ( ), No M. If no, list some other properties which are similarly affected?
9. Comments:
•
I certify that all of the above statements and the statements contained in any required papers or plans to be
submitted herewith are true and accurate. I acknowledge that I have read all of the variance information
provided. I consent to the entry in or upon the premises described in this application by any authorized
official of the City of Mound for the purpose of inspe 'ng, or of posting, maintaining and removing such
notices as may be required byr-
.7
Owner's Signature,
Applicant's Sig
Variance Information
(1/6/2009) Page 6 of 6
-1992-
I , -
Date
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19
FOUNDATION AS -BUILT SURVEY
Prepared for Jackie Kramer
Lake Minnetonka
Top of Water on 5 -18 -09
E/ev.= 928.83 (NOW 29)
-- O.H.W. contour
Elev =929.4
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SCALE
m o 10 20 40
1 Inch = 20 feet
Leapl Description (supplied by client)
The West 40.00 feet of Lot 17, SKARP AND
LINDOUIST'S RAlENSWOOD, Hennepin County,
Minnesota, as measured at right angles to the
West line thereof.
La90ad
• Found Iron Monument
O Set Iron Monument (LS 14700)
® Set Nall
® Existing water access
® Existing sanitary Inlet
® Offset Point
-Step I Hardcover Co/cu/otlons ft.).
_..15.0 Proposed House 1,176
15.3 / Proposed Breezeway 395
xistin9 e I , Existing Garage 488
(GF.E =97 fisting Geroge Bituminous Driveway 714
Existing rag LF.E. =9638 less that to be removed
(C.F.E. =975.2) ( I (G.F.E =971.0) Retaining Wass ) 184
..9 144 (leas that to be removed)
Exterior Stairwoys 86
15.0 Prop. Air Cond. Pod
S )j , — Retaining Total Hardcover 3,052
Walls
i gltu jl� Total Lot Area 7,626
Percent Hardcover 40%
\
Y, d117IE
AVENUE 5Q *° Watermaln & sanitary sewer shown
QE
EDWAijR per plans provided by City of Mound
o watermain _ -' As -BuJlt Elevation:
Top of Foundation = 964.3
_
centerline as_trove /e -_
—� Sanitary Sewer --
e
Bearings based on assumed datum.
SCHOBORG
LD A SERVICES
INC.
763 - 972 -3221 8997 Co. Rd. 13 SE
www.SchoborgLandcon Delano, MN 55328
I hereby certify that this certificate of survey was
prgpored by me or under my dkoct supervWon and
that I am a duly Registered Land Sur've)or under the
to" of the State of M e "s /tea
FW a Sohobarg /
Date: Regimrdtian Na /4700
-1993-
0 Number. 7037
-k/Poge: 7211 -7212
ervey Date: 5 -18 -09
awing Nome: kromer.dwg
-awn by. KLB
:visions: 8 -17 -09 (add water k sewer,
prop. air coed pad), 9 -23 -09 Axmd. as -bunt)
CITY OF MOUND
5341 MAYWOOD ROAD
MOUND, MN 55364 -1687
REPRINTED ON 9/1/2009
ADDRESS 4942 EDGEWATER DR
PIN : 1311724410062
LEGAL DESC : SKARP & LINDQUISTS RAVENSWOOD
LOT 000 BLOCK 0
PERMIT TYPE BUILDING
PROPERTY TYPE SINGLE FAMILY, DETACHED
CONSTRUCTION TYPE NEW CONSTRUCTION
PERMIT NO.: 200"394
DATE ISSUED: 09/01/2009
VALUATION $ 298,000.00
NOTE: PLEASE CALL MNSPECT FOR REQUIRED INSPECTIONS 952 -442 -7520.
CERTIFICATE OF OCCUPANCY REQUIRED. AS -BUILT SURVEY REQUIRED BEFORE C.O. WILL BE ISSUED.
ADDITIONAL PERMITS REQUIRED FOR PLUMBING, MECHANICAL, FIREPLACE AND ELECTRICAL WORK.
SEE STAFF MEMO FOR ADDITIONAL REQUIREMENTS.
WATER METER 601 -37144 1
APPLICANT
KRAMER, KRISTOPHER
4942 EDGEWATER DR
MOUND, MN 55364
KRAMER, KRISTOPHER
4942 EDGEWATER DR
MOUND, MN 55364
BUILDING PERMIT FEE 101 -32210
2,325.53
PLAN REVIEW FEE 101 -34104
1,511.59
STATE SUP, VALUE/BLDG 101 -20800
149.00
WATER METER 601 -37144
392.00
EROSION ESCROW 101 -23007
750.00
PRECON SITE CHECK 101 -32210
90.00
NEW CONSTRUCTION ESCROW 101 -23150
5,000.00
TOTAL
10,218.12
PAID WITH CHECK # 1045
AGREEMENT AND SWORN STATEMENT
This permit becomes null and void if work or construction
authorized is not commenced within 180 days, or if
construction or work is suspended or abandoned for a period
of 180 days at any time after work is commenced.
I hereby certify that I have read and examined this
application and know the same to be true and.correct. All
provisions of laws and city ordinances governing this type of
work will be comp!' gfl with whether specified herein, violated
or c e e p=iAe other state or local law
r lati con perfor mance of construction.
Date
SEPARATE PERMITS REQUIRED F0I -1 994 -)THER THAN DESCRIBED ABOVE.
L�
401
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10
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BUILDING PERMIT SURVEY
Prepared for. • Jackie Kromer
Lake Minnetonka
Top of water an 5 -18 -09
Elev.- 928.83 (NGW 29)
-- O.H.W. contour
Edge of Water-
ioli
\9
SCALE
20 a 10 20 40
1 inch - 20 feet
Legal Des dgfion (sunolied by client)
fie West 40.00 feet of Lot 17, SCARP AND
UNDOUISi'S RAKASWOOD, Hennepin County,
Minnesota, as measured at right angles to the
West line thereof.
Leaend
• Found Iron Monument
* Set Iron Monument (LS 14700)
• Set NO
® Existing water access
I ® Existing sanitary Inlet
uLV►'�
-Step Hardcover Coleulotions (so. ft. )_
15.0 Proposed House 1,176
g70 / Proposed Breezeway 395
/� Existing Garage 488
? xistmg Garage Bituminous Driveway 714
�� tl (less that to be removed)
z
(G.F.E�971.0)
Retaining Wilts 184
(less that to be removed)
c Exterior Stairways 86
(I Prop. Air Cond. Pod 9
f - i Retaining Total Hardcover 3.052
� Wells
4 ` si IfS�Umua ! i� I Total Lot Area 7,626
n ;Ea 1 ca�.t <a •Dta Y
Percent Hardcover 40X
MB74526 �fQ00 btio NO
VENUE aF Watermain r sanitary sewer shown
EDGEWATER A — — per plans proWded by City of Mound
e Wotermoin y�
_ cenf�ins as travel = -' _�► —+-
-� Sanitary Sewer - - -'
Pipe
-- -1-I —PIP— --
Bearings based on assumed datum.
LA iSCHOBORG
6 SERVICES
INC.
763 - 972 -3221 8997 Co. Rd. 13 SE
wwe.Schoborq.ondcan Delano, MN 55328
-1995-
Job Number.
7037
Book/page..
7211 -7212
Survey Date:
5 -18 -09
Drawing Name. kromer.dwg
Drawn by.
KLB
Revisions:
8 -17 -09 (odd water & sewer,
proposed air coed. pod)
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GENERAL PERMIT
CITY OF MOUND
5341 MAYWOOD ROAD
MOUND, MN 55364
(612) 472 -1155
job Address:
Owner: �-- •- .- .- .- ,...�.� „{.�.- ,.,- .,� -�_.�
Owner's Address:
OCT
Utility Account No. .
01 -3154 $ 1,0 Inside Plbg.(# of Fixtures
73 -3744 $ Water eter
Contractor:
Contractor's Address: �E r
y J 7 — c;. A 73 -3154 $
Legal description of Job Address:
Copper
PID #: 1.- /l 2 --z '2V1 4 a r, z._, Plat: 1� Al l v
New Construction: it
40air: .
dition:
Remarks and Special Conditions:
Acknowledgement
the undersigned hereby acknowledges receipt of this limited permit,
including acceptance of all special information, terms, conditions or
requirements written above. The undersigned understands and agrees
ender penalty of law that this permit is strictly limited in scope to the
work, activity or improvement specified; that this permit does not
;rant any authority to do work or activities requiring separate permit
approvals; and that this permit does not grant authority to violate any
provision of any City ordinance or, State law, rule or regulation. All
work shall be done in strict compliance with all City ordinances,
3uilding codes and/or health department regulations, and shall be sub -
ect to inspection, approval or rejection by the City. Whenever so
irdered, the undersigned agrees to correct any work found to be in
riolation of the conditions of this permit.
the City of Mound is an equal opportunity employer that does not
iiscriminate on the basis of race, color, national origin or handicapped
rtatus in the admission or access to or treatment or employment in its
)rograms and activities.
signature of Applicant
t , r /-9 } y
White —File CODV Canarv— Inspector's CODV
Meter #
Remote #
Issue Date
Water Inspection Fee
%-3154
$ Sewer Inspection Fee
PVC
Cast
$ L. •
Sac Charge or Permit # _
78 -2304
$ (99 %)
78 -3774
$, ( 1 %) .
78 -3155
$ Sewer Connection Fee or
$
Permit #
73 -3155
$ Water Connection Fee or
Permit #
73 -3154
$ -
Water Well
01 -3157
$ L. •
Mechanical Equipment
�Oving ngI
01 -3162
$
/Cleft C�recking
01 -2300
$
Damage Deposit
01 -3156
$
Grading & Land Reclamation
01 -3152
$
Fire
_-
$
Other
01-3570-
$
Special Inspection Fee
190 -33
$
Subtotal
01 -2222 $ 0. no Surcharge
$ )Total Amount
This permit is not valid until the proper fee is paid and
it is approved by an authorized City Official.
Permit Approval ial
-1999 -
Pink— Finance CODV Gold— Applicant's Receipt
LOT SURVEYS COMPANY, INC. INVOICE
F. OO. NO. 5
2 -68
LAND SURVEYORS SCALE I" z 12(L
0- DENOTES LRON
REGISTERED UNDER LAWS OF STATE OF MINNESOTA
7601- 73rd Avenue North. 560.3093
LlT1TERMi1id Haes Minneapolis, Minnesota 6542S Lake .Mlnrlei-rkq
in Denotes Wood Hub Set emtgan Qititifiir�#t
For Excavation Only �Hurrrson'S %3ay�
---+— Denotes Surface Drainage
vovo Denotes Proposed Elevation Dan as Existing Elevation 1
Type of Building - Full Basement walkout
Benchmark: Top of Hydrant Edgewater
and Sandy Lane
Elevation - .972,.35
Water service location not available
Top of Block
9c,z -7
Garage Floor
_93.0
LowestA Most Floor
'fud
Sanitary Sewer Service 9LSb
Invert Elevation . 950:
0
M
ry
�rurwL O
To6__
0'
-
S•7 -40.0- 953dG
939•E1
I
e3
0
O
w q�,3 754:5 Sf3•'+- �
Ga Z4'0" $0 a I!
CProposed
O * a s.sl
I 12e.slrien«
!2.! ._ .75
)7 X3.19
7-.0-
L-dge wafer
lo.o
_ ti-S-Fra.ne.
N? 49310
q «, c
! b.0
} ca.,c•Gu�b
s
4
!®
The West 40.00 feet of Lot 17, Skarp and Lindquist's
Ravenswood as measured at right angles to.the West
line thereof.
The only easements shown are from plats of record or Information provided by
client.
We hereby certify that this is a true and correct representation of a survey of the
boundaries of the above described land and the location of all buildings and via•
Ible encroachments, if any, from or on said tend. Signed !'
surveyed by us this 30th day of July 19 87 Ray nd A. Preach, Minn. Reg. No. 6743
{
—2000—
*I
01
7
..P...ro mseJ / x
u
IS.oS
-
)7 X3.19
7-.0-
L-dge wafer
lo.o
_ ti-S-Fra.ne.
N? 49310
q «, c
! b.0
} ca.,c•Gu�b
s
4
!®
The West 40.00 feet of Lot 17, Skarp and Lindquist's
Ravenswood as measured at right angles to.the West
line thereof.
The only easements shown are from plats of record or Information provided by
client.
We hereby certify that this is a true and correct representation of a survey of the
boundaries of the above described land and the location of all buildings and via•
Ible encroachments, if any, from or on said tend. Signed !'
surveyed by us this 30th day of July 19 87 Ray nd A. Preach, Minn. Reg. No. 6743
{
—2000—
*I
01
7
Hennepin County Oblique Aerials
Hennepin County Oblique Aerials
Images courtesy of: Microsoft Virtual EarthTM 2009
Page 1 of 1
\�c 0
http:// gis. co .hennepin.mn.us/HCPropertyMap/1 -2001 - aspx ?PID = 1311724 10062 4/30/2009
Hennepin County Property Map Print -Page 1 of 1
Hennepin County Property Map - Tax Year: 2009
The data contained on this page Is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a licensed
land surveyor. The perimeter and area (square footage and acres) are approximates and may contain discrepancies. The Information on this page should be used for reference purposes only.
Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentation of this information or Its derivatives.
Selected Parcel Data
Parcel ID: 13- 117 -24 -41 -0062
Owner Name: KRISTOPHER KRAMER
Parcel Address: 4942 EDGEWATER DR, MOUND, MN 55364
Property Type: RESIDENTIAL LAK
Homestead: HOMESTEAD
Area (sgft): 7025
Area (acres): 0.16
A -T -B: ABSTRACT
Market Total: $631,000.00
Tax Total: $7,151.54
Date Printed: 4/30/2009 8:45:20 AM
Current Parcel Date: 4/3/2009
Sale Price: $506,900.00
Sale Date: 04/2003
Sale Code: WARRANTY DEED
http: / /gis.co. hennepin.mn.us /HCPropertyMap/1- 2002 - spx ?PID= 131.1724410061 4/30/2009
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01
Dear Planning Commission,
Two weeks ago, I called the city and spoke with Vicky regarding my concern that the building in question
was too close to my property. Vicky assured me that the inspector would be out and- take care of this
matter. I was alarmed that the stakes near my home had been moved.
With the homes as close as they are in the neighborhood and the size of the lot, my interests are not only
the existing drainage issues but the main reason this house is being rebuilt, FIRE. Also, I am concerned
how this will affect the sale of my property.
If the Mound City Code says they need a 6 foot property line setback, they need a 6 foot property line
setback. The builder took on the responsibility and needs to be accountable for any and all building
requirements. The fact is, the builder put up a wall where it should not have been placed and now wants
a variance to incorporate this error into his plan instead of moving it and placing it correctly within existing
property lines as by Mound City Code.
All I am asking is that they correct their mistake. That is why we have lot lines, blueprints, surveys,
inspections, etc.
Sincerely,
Bonnie Gaasland
4936 Edgewater Drive
N 55364
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9/28/2009
Vicki, COP
I spoke with Ray minutes ago. Since he is out of the office, he asked me to
forward this email to you. It includes information pertinent to the special meeting
this evening regarding the Kramer project located at 4942 Edgewater Drive .
Thank you for your attention to this matter.
Sincerely,
Kelly Brouwer
Inc.
- - - -- Forwarded Messa a - - --
From: Kelly >
To: rayhanson @cityo mound.com
MR:: ues ay, epp er 29, 2009 11:23:51 AM
Subject: Kramer Sketches 9 -29 -09
Ray,
The attached 11x17 sketches were made to more clearly show the difference
between the proposed house location and the newly constructed foundation.
Our field work to set the building corner offsets was performed on 9 -8 -09 by Paul
and I. We used a total station and reflector for measuring, and ckecked into
existing control points (from our 5 -18 -09 boundary survey) before beginning
work. We then placed nails in the ground at the offset points and lath in the
ground next to each nail indicating the offset distance. Three offsets were set at
6.0 feet from the proposed building corners. The northwest offset was set at 5.5
feet from the proposed building corner (due to proximity of the neighbor's steps at
the 6.0 foot offset distance). The owner, Jackie Kramer, and the excavator were
present at the time we were setting offsets. Paul spoke with the excavator
to bring his attention to the proximity of the southwest offset to the traffic of heavy
machinery traveling to and from the building site. Following the setting of offsets,
we staked lath at the four proposed building corners by hand measuring with a
1 00' tape from the offsets. As we always do when staking proposed houses, we
also hand measured the distances between offsets with the 100' tape before
leaving the job, as a check, and found the distances to be correct.
On 9- 23 -09, Paul and I performed work to locate the foundation for an as -built
survey. We again used the total station and reflector. I set up the instrument on
the southeast offset, back - sighted the southeast iron monument which
marks the parcel corner, and checked to another control point in the lake -side
yard. We found the foundation to be skewed from its proposed
location. We spoke with the laborers for ICF Construction, and they stated that
they used the southerly two offsets to set their lines for building the foundation. In
particular, they used the southeast offset from which to measure 6 feet. Upon
SKETCH No. 1
Prepared for. Jackie Kramer
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CITY OF MOUND
RESOLUTION # 09-
RESOLUTION TO APPROVE A SIDE SETBACK VARIANCE FOR PROPERTY
LOCATED AT 4942 EDGEWATER
PID NO. 13- 117 -24 -41 -0062
WHEREAS, the applicants, Kristopher and Jacqueline Kramer, submitted
an "after the fact" variance application for a side lot setback variance for a new
house located at 4942 Edgewater Drive Drive; and
WHEREAS, the requested variance is outlined below:
As -Built Required Variance
Side Setback (east) 5.6 FT 6.0 FT 0.4 FT
WHEREAS, the building permit issued was on September 1, 2009 (No.
2009 - 00394) for the new single - family home and conforming garage addition
(breezeway) showed a side setback of 6.0 FT feet on the east side which was
consistent with the City's zoning regulations for this location (R-1 A); and
WHEREAS, the foundation survey received by the City on or around
September 24, 2009 depicted the setback for the Insulated Concrete Foundation
(ICF) located 5.6 FT from the east lot line; and
WHEREAS, the applicant submitted an after - the -fact variance application
to allow the setback in this location on September 25, 2009; and
WHEREAS, City Code Section 350:530 Subd. 1 outlines the criteria for
granting variances in the City of Mound and generally states that a variance to
the provisions of the Zoning Ordinance may be issued to provide relief to the
landowner in those areas where the ordinance imposes undue hardship or
practical difficulties to the property owner in the use of his or her land. A
variance may be granted only in the event that the following circumstances exist:
A. Exceptional or extraordinary circumstances apply to the property which
do not apply generally to other properties in the same zone or vicinity, and
result from lot size or shape, topography, or other circumstances over
which the owners of property since enactment of this ordinance have no
control.
B. The literal interpretation of the provisions of this ordinance would
deprive the applicant of rights commonly enjoyed by other properties in
the same district under the terms of this ordinance.
C. That the special conditions or circumstances do not result from the
actions of the applicant
D. That granting of the variance requested will not confer on the applicant
any special privilege that is denied by this Ordinance to owners of other
lands, structures or buildings in the same district.
E. The variance requested is the minimum variance which would alleviate
the hardship.
F. The variance would not be materially detrimental to the purposes of this
Ordinance or to property in the same zone.
; and
WHEREAS, Staff recommended approval of the requested variance; and
WHEREAS, the Planning Commission reviewed the request at its
September 29, 2009 meeting and voted in favor and
opposed to recommend City Council
of the requested variance; and
WHEREAS, the City Council agreed to consider the application at a
special meeting on September 29, 2009 so as to allow the applicant adequate
time to proceed with construction in a manner consistent with the Council's action
without unnecessary delay; and
WHEREAS, the application was reviewed by the City Council at its
September 29, 2009 special meeting at which time the Council fully reviewed the
written materials provided, the recommendation of the Planning Commission and
City Staff, and comments from and on behalf of the applicant and other
interested parties; and
WHEREAS, based on its review and discussion, the City Council, on
September 29, 2009 did vote in favor and opposed to
recommend of the requested variance based upon the following
findings of fact based on the record; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Mound, Minnesota as follows:
1. The City does hereby approve the side yard setback variance based on the
following findings of fact:
a. The variance criteria as set forth in City Code Chapter 350.530 have been
met.
b. Relocation of the subject wall for compliance with the approved setback of
6.0 feet is impractical due to the narrowness of the lot and would create
undue hardship for the applicant in terms of very significant increased
cost, and significant delay in timing of construction.
c. The installed location of the foundation on the east side of the new house
was a result of a field error associated with the construction of the ICF wall
and was not the result of conduct of the property owner nor intended to
locate the foundation in violation of the authorized setback.
d. The applicant's actions suggest a clear intention to comply with the
setback requirements of the code.
e. The City's approval of the variance application was done within the
established timelines and in accordance with Minnesota Statutes 15.99.
f. The encroachment of the new ICF wall is approximately 8.7 SF into the
6.0 FT setback area. The encroachment for the previous structure (bump
out) which was destroyed was approximately 2.4 SF into the 6.0 FT
setback area.
2. The variance is approved subject to the following conditions:
a. Payment of all fees incurred as a result of the land use application.