HomeMy WebLinkAbout5A Jeff Wilson Variance
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
AGENDA ITEM:
SUBJECT:
SITE ADDRESS:
PREPARED BY:
PUBLIC HEARING:
DATE:
CASE FILE:
PLANNING REPORT
5A
CONSIDER VARIANCES FROM THE BLUFF SETBACK,
MINIMUM FRONT YARD SETBACK, AND MINIMUM SIDE
YARD SETBACK FOR THE CONSTRUCTION OF A
SINGLE FAMILY DWELLING IN THE R-1 (LOW DENSITY
RESIDENTIAL) ZONING DISTRICT
14972 PIXIE POINT CIRCLE SE
JEFF MATZKE, PLANNER
_X_ YES _NO-N/A
JUNE 24, 2008
08-123
INTRODUCTION
Jeff Wilson and Ryland Homes are requesting variances to construct a new house on
property located at 14972 Pixie Point Circle on the east side of Prior Lake. For this
proposed construction, the following variances are required:
. A 15.3 variance from the minimum 25 foot front yard setback required in the
R-1 District (Section 1102.405 (3)).
. A 5.0 foot variance from the minimum 10 foot side yard setback required in
the R-1 District (Section 1102.405 (3)).
. A 25.0 foot variance from the minimum 25 foot bluff setback (Section
1104.304).
BACKGROUND
The property is zoned R-1 (Low Density Residential) and SD (Shoreland Overlay
District), and is guided R-LD (Urban Low Density Residential) on the 2030
Comprehensive Plan Land Use Map. A single family dwelling with a detached two-car
garage currently occupies the lot. The existing dwelling was constructed in 1956.
DISCUSSION
The applicant is proposing to remove the existing house and garage and construct a
new home on the site. The proposed house and garage have a footprint of 2,606 square
feet. The new home is proposed to utilize a similar area as the existing structures.
The lot area is 19,000 square feet. The buildable area of the lot without the need for
variances is less than 1,250 square feet. The proposed structures on the lot have a
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Phone 952.447.9800 / Fax 952.447.4245
footprint of 2,752 square feet with a proposed driveway of 272 square feet for a total of
3,024 square feet of impervious surface coverage (15.9% impervious surface coverage).
Bluff Setback
The top of the bluff is identified on the survey by the bold dashed line. The existing
house and deck lie within the bluff area. The proposed house and deck do not impact
the bluff area; however, they do not meet the required 25 foot setback from the top of the
bluff. Therefore, the applicants are asking for a variance from the bluff setback. A soil
analysis was also conducted for the lot that determined very stable soils in the area.
The applicant will be required to follow any guidance outlined within the soils engineering
report.
Front yard Setback
The front yard setback of the existing structure is 9.2 feet. To reduce any impact of the
bluff area to the rear of the property the applicants propose to maintain a similar front
yard setback of 9.7 feet. The street of Pixie Point Circle also curves away from the
house on the southwest corner of the lot which increases the right-of-way between the
structure and the street.
Side yard Variances
The east side yard setback of the existing garage is 12 feet. The applicants have
proposed to decrease this setback to 5 feet to allow for the construction of the home and
two-car garage. The separation distance between the proposed structure and the
structures on the adjacent lot is 15 feet.
ANAL YSIS
Variance Hardship Findings
Section 1108.400 states that the Board of Adjustment may grant a variance from the
strict application of the provisions of the Zoning Ordinance, provided that:
1. Where by reason of narrowness, shallowness, or shape of a lot, or where by
reason of exceptional topographical or water conditions or other extraordinary
and exceptional conditions of such lot, the strict application of the terms of
this Ordinance would result in peculiar and practical difficulties or exceptional
or undue hardship upon the owner of such lot in developing or using such lot
in a manner customary and legally permissible within the Use District in which
said lot is located.
The shape and exceptional topography on the lot create a hardship for the
construction of a house on the site. The buildable area of the lot without the need for
variances is less than 1,250 square feet. Therefore, encroachments into the bluff
setback and yard setbacks seem necessary for reasonable use of the lot.
2. Conditions applying to the structure or land in question are peculiar to the
property or immediately adjoining property, and do not apply, generally, to
other land or structures in the Use District in which the land is located.
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While many of the lakeside lots on Pixie Point Circle have bluff conditions, this lot
has a uniquely limited area that is not within the bluff. The applicants have proposed
a house which utilizes a similar footprint as the existing house and garage areas.
3. The granting of the proposed variance is necessary for the preservation and
enjoyment of a substantial property right of the owner.
The granting of the variances is necessary for the preservation and enjoyment of a
reasonable use of the property. The exceptional topographical conditions of the lot
and shape of the buildable area of the lot create a hardship for the property owner.
4. The granting of the proposed variance will not impair an adequate supply of
light and air to the adjacent property, unreasonably increase the congestion in
the public streets, increase the danger of fire, or endanger the public safety.
Granting of the variance will not impair an adequate supply of light and air to
adjacent property or negatively impact public safety.
5. The granting of the variance will not unreasonably impact on the character and
development of the neighborhood, unreasonably diminish or impair
established property values in the surrounding area, or in any other way impair
the health, safety, and comfort of the area.
The granting of the variances will not impact the character and development of the
local neighborhood. Many of the homes in the area have similar bluff conditions and
reduced front yard setbacks. Furthermore, the granting of the variances will improve
the existing conditions of the lot by improving the dwelling unit on the lot and
removing the structure areas which directly lie in the bluff area.
6. The granting of the proposed variance will not be contrary to the intent of this
Ordinance and the Comprehensive Plan.
One purpose of the Zoning Ordinance is to "conserve natural resources and
environmental assets of the community". The Shoreland District requirements of
the Zoning Ordinance were adopted by the City to specifically recognize the actions
of the Legislature of Minnesota to delegate "responsibility to the municipalities of the
State to regulate the subdivision, use and development of the shorelands of public
waters and thus preserve and enhance the quality of surface waters, preserve the
economic and natural environmental values of shorelands, and provide for the wise
utilization of waters and related land resources", In concurrence with the purpose of
the bluff setback ordinance the granting of the bluff variances should only allow for
the least amount of bluff impact possible for reasonable use. The design proposal
has decreased the structural impact to the bluff.
7. The granting of the variance will not merely serve as a convenience to the
applicant but is necessary to alleviate a demonstrable undue hardship or
difficulty.
Granting the variance will not merely serve as a convenience to the applicant, but
rather is necessary to alleviate an undue hardship due to the topographical
conditions of the lot.
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8. The hardship results from the application of the provisions of this Ordinance
to the affected property and does not result from actions of the owners of the
property.
The limited buildable area and topographical conditions of the lot create a hardship.
The applicant proposes a two story, walkout home in order to maintain a reasonable
amount of square footage without a great impact the bluff and other setback
regulations.
9. Increased development or construction costs or economic hardship alone
shall not be grounds for granting a variance.
Staff does not believe that increased development or construction costs or economic
hardship are the basis of this request.
CONCLUSION
The strict applications of the front, side, and bluff setback requirements create a
hardship for the property owner. The applicant proposes to construct a two-story,
walkout home in a similar footprint as the existing structure. The proposed structure will
lessen the impact on the bluff area by the home and deck area will maintaining similar
setbacks for the front and side yards. Based upon the findings in this report, staff
recommends approval of the requested variances with the following conditions:
1) This resolution must be recorded at Scott County within 60 days of adoption.
Proof of recording, along with the acknowledged City Assent Form, shall be
submitted to the Community Development & Natural Resources Department prior
to the issuance of a building permit.
2) The building permit is subject to all other applicable city, county, and state
agency regulations.
3) Prior to issuance of a certificate of occupancy for the proposed structure the
property owner will provide an as-built survey to verify compliance with the
approved grading plan.
ALTERNATIVES
1. Approve the variance requested by the applicant, or approve any variance the
Planning Commission deems appropriate in the circumstances.
2. Table or continue discussion of the item for specific purpose.
3. Deny the application because the Planning Commission finds a lack of demonstrated
hardship under the zoning code criteria.
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ACTION REQUIRED
This request requires the following motions:
1. A motion and second adopting Resolution 08-07PC approving the following
variances subject to the listed conditions:
a) A 15.3 variance from the minimum 25 foot front yard setback required in the
R-1 District (Section 1102.405 (3)).
b) A 5.0 foot variance from the minimum 10 foot side yard setback required in
the R-1 District (Section 1102.405 (3)).
c) A 25.0 foot variance from the minimum 25 foot bluff setback (Section
1104.304).
ATTACHMENTS
1. Location map
2. Survey
3. Conceptual Building Plans
4. Resolution 08-07PC
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A RESOLUTION APPROVING VARIANCES FROM THE REQUIRED MINIMUM
BLUFF SETBACK, MINIMUM FRONT YARD SETBACK, AND MINIMUM SIDE
SETBACK TO ALLOW FOR THE CONSTRUCTION OF A SINGLE FAMILY
DWELLING IN THE R-1 ZONING DISTRICT
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Jeff Wilson is requesting variances from the Zoning Ordinance for the
redevelopment of a residential property zoned R-1 (Low Density Residential) at the
following location, to wit;
14972 Pixie Point Circle Road SE, Prior Lake, MN 55372
Lot 17, Eastwood First Addition, Scott County, Minnesota. (PID 25-047-018-0)
AND
Tract A, Registered Land Survey No.2, EXCEPT the West 10 feet thereof, and
EXCEPT that part lying Northeast of the Northwesterly extension of the Southwesterly
line of Lot 16, Eastwood First Addition, Scott County, Minnesota. (PID 25-050-001-2)
2. The Board of Adjustment has reviewed the application for the variance as contained
in Case #08-123 and held a hearing thereon on June 24, 2008.
3. The Board of Adjustment has considered the effect of the proposed variance upon
the health, safety, and welfare of the community, the existing and anticipated traffic
conditions, light and air, danger of fire, risk to the public safety, the effect on
property values in the surrounding area and the effect of the proposed variance on
the Comprehensive Plan.
4. The shape and exceptional topography on the lot create a hardship for the
construction of a house on the site. The buildable area of the lot without the need
for variances is less than 1,250 square feet. Therefore, encroachments into the bluff
setback and yard setbacks seem necessary for reasonable use of the lot.
5. While many of the lakeside lots on Pixie Point Circle have bluff conditions, this lot
has a uniquely limited area that is not within the bluff. The applicants have proposed
a house which utilizes a similar footprint as the existing house and garage areas.
6. The granting of the variances is necessary for the preservation and enjoyment of a
reasonable use of the property. The exceptional topographical conditions of the lot
and shape of the buildable area of the lot create a hardship for the property owner.
7. Granting of the variance will not impair an adequate supply of light and air to
adjacent property or negatively impact public safety.
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Phone 952.447.9800 / Fax 952.447.4245
8. The granting of the variances will not impact the character and development of the
local neighborhood. Many of the homes in the area have similar bluff conditions and
reduced front yard setbacks. Furthermore, the granting of the variances will improve
the existing conditions of the lot by updating the current dwelling removing the areas
of the structure which directly lie in the bluff area.
9. One purpose of the Zoning Ordinance is to "conserve natural resources and
environmental assets of the community". The Shoreland District requirements of the
Zoning Ordinance were adopted by the City to specifically recognize the actions of
the Legislature of Minnesota to delegate "responsibility to the municipalities of the
State to regulate the subdivision, use and development of the shorelands of public
waters and thus preserve and enhance the quality of surface waters, preserve the
economic and natural environmental values of shorelands, and provide for the wise
utilization of waters and related land resources". In concurrence with the purpose of
the bluff setback ordinance the granting of the bluff variances should only allow for
the least amount of bluff impact possible for reasonable use. The design proposal
has decreased the structural impact to the bluff.
10. Granting the variance will not merely serve as a convenience to the applicant, but
rather is necessary to alleviate an undue hardship due to the topographical
conditions of the lot.
11. The limited buildable area and topographical conditions of the lot create a hardship.
The applicant proposes a two story, walkout home in order to maintain a reasonable
amount of square footage without a great impact the bluff and other setback
regulations.
12. Staff does not believe that increased development or construction costs or
economic hardship are the basis of this request.
13. The contents of Planning Case #08-123 are hereby entered into and made a part of
the public record and the record of decision for this case.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby approves the
following variances to allow for the redevelopment of a residential property on a property
zoned R-1 (Low Density Residential):
1) A 15.3 variance from the minimum 25 foot front yard setback required in the
R-1 District (Section 1102.405 (3)).
2) A 5.0 foot variance from the minimum 10 foot side yard setback required in
the R-1 District (Section 1102.405 (3)).
3) A 25.0 foot variance from the minimum 25 foot bluff setback (Section
1104.304).
The variance is subject to the following conditions:
1. This resolution must be recorded at Scott County within 60 days of adoption. Proof of
recording, along with the acknowledged City Assent Form, shall be submitted to the
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Community Development & Natural Resources Department prior to the issuance of a
building permit.
2. The building permit is subject to all other applicable city, county, and state agency
regulations.
3. Prior to issuance of a certificate of occupancy for the proposed structure the property
owner will provide an as-built survey to verify compliance with the approved grading plan.
Adopted by the Board of Adjustment on June 24,2008
Vaughn Lemke, Commission Chair
ATTEST:
Danette Moore, Community Development & Natural Resources Director
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