HomeMy WebLinkAbout01 9 2012 Agenda Packet�Q PRIp�
4646 Dakota Street SE
Prior Lake, MN 55372
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PLANNING COMMISSION AGENDA
MONDAY, January 9, 2012
City Council Chambers
6:00 p.m.
1. Call Meeting to Order:
2. Approval of Agenda:
3. Consider Approval of November 28, 2011 Meeting Minutes:
4. Public Hearings:
A. #EP 11-129 O'Neil New Home Variance. Brendan O'Neil is requesting a Variance from the
minimum lakeshore setback on a General Development lake in the R-1 (Low Density
Residential) Zoning District.
5. Old Business:
6. New Business:
7. Announcements and Correspondence:
A. Recent City Council discussions/decisions.
8. Adjournment:
L. -III FILESII I PLANNING COMMISSIONII I AGENDA81102411 Agenda.doc
Phone 952.447.9800 / rat 952.447.4245 / wwtiv.cityofpriorlakc.coin
PLANNING COMMISSION MINUTES
MONDAY, November 28, 2011
1. Call to Order:
Planning Commission Meeting Minutes
November 28, 2011
Chairman Phelan called the November 28, 2011, Planning Commission meeting to order at 6:00 p.m.
Those present were Commissioners Blahnik, Hite, and Phelan, Community & Economic Development
Director Dan Rogness, Planner Jeff Matzke, Finance Director Jerilyn Ericks and Community
Development Assistant Peter Aldritt. t "
2. Approval of Agenda:
MOTION BY HITE, SECONDED BY BLAHNIK TO APPROVE
AGENDA AS PRESENTED.
VOTE: Ayes, Blahnik, Hite, and Phelan. The Motion c ; : fid.
3. Consider Approval of November 14, 2011 flee
MOTION BY HITE, SECONDED BY BLAHNIK TO APPROVE
MINUTES AS PRESENTED, t
VOTE: Ayes, Blahnik, Hite, and Phelan. Thcfi33 fr]ed.
4. Public Hearings:
None
5. Old Bus]
None
[:- W
2011 MEETING
NOVEMBER 14, 2011 MEETING
a Re ,,, t the A 't t§ On of Tax -Forfeited Properties for compliance with the
Finance Direcf��pilyn Eric bn presented the purpose of this agenda item is to consider the
acquisition of fouri�`erties t have been forfeited by the State of Minnesota due to non-payment of
property taxes and/offjJ;9ssessments. The purpose for considering the acquisition of these four
parcels is storm water UN�N"gler management. The Planning Commissions function Is to review the
proposed acquisitions termine their compliance with the Comprehensive Plan,
Commissioner Questions:
Blahnik asked if the four parcels appeared to all be adjacent to bodies of water?
.Erickson responded two of the properties are adjacent to bodies of water. The two next to Northwood
Rd. and Butternut Cir. are adjacent to Spring Lake Regional Park but there is a wetland area there.
LAI I FILESU t PLANNING COMMISSIONII I MINUTESIMNI 1281 Ldoc
Planning Commission Meeting Minutes
November 28, 2011
MOTION BY BLAHNIK SECONDED BY HITE TO RECOMMEND THE ACQUISITION OF THE TAX
FORFEITED PROPERTIES THAT ARE IN COMPLIANCE= WITH THE COMPREHENSIVE PLAN TO
CITY COUNCIL
VOTE: Ayes, Blahnik, Hite, and Phelan. The Motion carried.
7.
Announcements and Correspondence:
Finance Director Jerilyn Erickson announced that the League of
training session to Planning Commission, City Council and Staff mi
needs it to receive some insurance incentives offered through thef`
basis for some of the land use issues will be faced by the P190609
Planner Matzke gave an update on the upcoming
but, the December 2& meeting will be canceled.
8. Adjournment:
MOTION BY HITE SECONDED BY BLA
VOTE: Ayes, Blahnik, Hite, and Phelan.
The meeting adjourned
Peter Aldritt, Communitu i
Cities is offering a
_and Use. The city
[hitserves as a good
; the December 12th
LAII FILES11I PLANNINGCOMMISSIONII I MINUTES1MN11281Ldoe 2
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U 4646 Dakota Street SE
Prior Lake, MN 55372
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PLANNING COMMISSION AGENDA REPORT
AGENDA ITEM: 4A
SUBJECT: CONSIDER A VARIANCE FROM THE MINIMUM
LAKESHORE STRUCTURE SETBACK OF A GENERAL
DEVELOPMENT LAKE IN THE R-1 (LOW DENSITY
RESIDENTIAL) ZONING DISTRICT
SITE ADDRESS: 15287 FAIRBANKS TRAIL NE
PREPARED BY: JEFF MATZKE, PLANNER
PUBLIC HEARING: XYES NO -NIA
DATE: JANU__ ARY 9, 2012
INTRODUCTION
Brendan and Kelly O'Neill, property owners of the subject property, are requesting a variance from the
minimum lakeshore structure setback of a General Development Lake in the R-1 (Low Density
Residential) on a property located at 15287 Fairbanks Trail NE. The property is located along the
eastern shores of Lower Prior Lake, south of Lords Street, and east of Quaker Trail. The property
currently contains a single family home; however, the applicant plans to demolish the current home and
build a new home onsite. The following variance is requested:
A 50 foot variance from the required minimum 75 foot structure setback from the Ordinary
High Water (OHM elevation of Prior Lake (Section 1104.302(4)).
BACKGROUND
The property is zoned R-1 (Low Density Residential), and is guided R -LD (Urban Low Density) on the
2030 Comprehensive Plan Land Use Map. The property currently contains a single family home.
DISCUSSION
The applicant proposes to construct a new home and attached garage onsite with a 1,859 sq. ft.
footprint. The property currently contains 812 sq. ft. house and 585 sq. ft. detached garage. The
survey indicates that the proposed 3 -story house will be constructed on relatively the same building
area as the existing house. The survey also indicates the elimination of some hard surface walkways
and driveway on the site which will reduce the overall impervious surface of the property from 4,038 sq.
ft. (31.8% of the property) to 3,803 sq. ft. (29.9% of the property). The current City Ordinance requires
a maximum of 30% impervious surface per property. The single variance request for the project is from
the structure setback from the high water mark. The existing and proposed structure setbacks from the
OHW of Prior Lake (904 elevation) are as follows:
Structure
Setback from
Lake OHW ft.
Existing upper level
24.1'
deck
Proposed upper level
25.0
deck
Phone 952.447.9800 / Fax 952.447.4245/www.cityofpriorlak-e.coin
ANALYSIS
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) There are practical difficulties in complying with the strict terms of the Ordinance.
"Practical difficulties," as used in connection with the granting of a Variance, means the
property owner proposes to use the property in a reasonable manner not permitted by the
Zoning Ordinance. Economic considerations alone do not constitute practical difficulties.
It appears practical difficulties exist for the applicant in this case. The current structure setback
from the lake to the upper level deck area is 24.1 feet. The applicant proposes a setback of 25.0
feet which is greater than the existing upper deck setback. The lakeshore lot borders the lake
along both its southern and eastern boundaries thereby creating a practical difficulty for a
structure to maintain a 75 foot setback from the lake.
(2) The granting of the Variance Is in harmony with the general purposes and intent of the
City Subdivision and Zoning Ordinances and the Comprehensive Pian.
Two purposes of the Zoning Ordinance are to "promote the most appropriate and orderly
development of the residential, business, industrial, public land and public areas" and "enhance the
aesthetic character and appearance of the City." The approval of the variance as requested would
allow the applicant to construct a reasonable residential house plan on the site in a similar
location as the current house while not negatively affecting the aesthetic character of the area.
(3) The granting of the Variance is necessary to permit the reasonable use of the property
involved.
The variance is necessary to use the property in a reasonable manner. The 1,859 sq. ft.
proposed footprint for the house and garage is a reasonable -sized lake home given the size and
shape of the property.
(4) The practical difficulty Is due to circumstances unique to the property not resulting from
actions of the owners of the property and is not a more convenience to the property owner
and applicant.
The practical difficulty does exist due to circumstances unique to the property. Due to the
shoreline along the property's southern and eastern boundary and the resulting lakeshore
setback requirement of 75 feet, a building pad area of less than 1,000 square feet exists for a
house that would meet all setback requirements. In this case, it is not practical for a lake house
and garage to be placed in less than a 1,000 sq. ft. area. Therefore, the practical difficulty has
resulted from the shape of the particular property.
(5) The granting of the variance will not alter the essential character of the neighborhood or
be detrimental to the health and safety of the public welfare.
The granting of the variances will not alter the existing character of the neighborhood. As
identified in the survey on file, the overall proposed house plan will be in the same location as the
existing house.
(6) The granting of the Variance will not result in allowing any use of the property that is not
permitted in the zoning district where the subject property is located.
A single family residential dwelling is an allowed use within the R-1 (Low Density Residential)
Zoning District.
(7) The granting of the Variance is necessary to alleviate an inadequate access to direct
sunlight for solar energy systems.
The granting of the variances will not be necessary to alleviate any hardships of the inability to
use solar energy systems.
CONCLUSION
In conclusion, the applicant proposes to construct a new house in a very similar location as the existing
house and garage on the property. The applicant proposes to increase the lake setback from the
existing 24.1 feet to 25.0 feet. In addition the applicant will be reducing the overall impervious surface
of the property from 31.8% of the total lot area to 29.9%, thereby bringing the total impervious surface
square footage in compliance with the current City Ordinance maximum of 30% of the total lot area.
Therefore, City Staff recommends approval of the requested variance.
ALTERNATIVES
1. Approve the variances requested by the applicant with the listed conditions, 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 practical
difficulties under the zoning code criteria.
ACTION REQUIRED
This request requires the following motions:
1. A motion and second adopting Resolution 12-01 PC approving the following variances:
• A 50 foot variance from the required minimum 75 foot structure setback from the Ordinary
High Water (OHIM elevation of Prior lake (Section 1904.302(4)).
ATTACHMENTS
1. Resolution 12-01 PC
2. Location map
3. Property Photograph
4. Property Survey
5. Proposed Building Plans
/4 Pll pft
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 12-01 PC
A RESOLUTION APPROVING VARIANCES FROM THE MINIMUM LAKESHORE STRUCTURE
SETBACK OF A GENERAL DEVELOPMENT LAKE IN THE R-1 (LOW DENSITY RESIDENTIAL)
ZONING DISTRICT
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Brendan and Kelly O'Neill are requesting a variance from the minimum lakeshore structure setback
of a General Development Lake in the R-1 (Low Density Residential) at the following location, to
wit;
15287 Fairbanks Trail NE, Prior Lake, MN 55372
That part of Lot 7, Maple Park Shore Acres, Lying easterly of the following described line: Beginning at
a point on the southerly line of said Lot 7, distant 6.23 feet northeasterly of the southwesterly corner of
said Lot 7, thence northwesterly to a point on the northerly line of said Lot 7, distant 7.60 feet easterly
of the northwesterly corner of said Lot 7, and there terminating, Scott County, Minnesota.
(PID 25-036-007-0)
Lot 8, Maple Park Shore Acres, Scott County, Minnesota, and that part of Lot 7 of said plat lying
westerly of the following described line: Beginning at a point on the southerly line of said Lot 7, distant
6.23 feet northeasterly of the southwesterly corner of said Lot 7, thence northwesterly to a point on the
northerly line of said Lot 7, distant 7.60 feet easterly of the northwesterly corner of said Lot 7, and there
terminating, Scott County, Minnesota.
(PID 25-036-007-1)
2. The Board of Adjustment has reviewed the application for the variance as contained in Case #11-
129 and held a hearing thereon on January 9, 2012.
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. It appears practical difficulties exist for the applicant in this case. The current structure setback
from the lake to the upper level deck area is 24.1 feet. The applicant proposes a setback of 25.0
feet which is greater than the existing upper deck setback. The lakeshore lot borders the lake along
both its southern and eastern boundaries thereby creating a practical difficulty for a structure to
maintain a 75 foot setback from the lake.
5. Two purposes of the Zoning Ordinance are to "promote the most appropriate and orderly
development of the residential, business, industrial, public land and public areas" and "enhance the
aesthetic character and appearance of the City." The approval of the variance as requested would
Phone 952.447.9800 / Pax 952.447.4245 / %%-A v.cityofpriorlake.com
allow the applicant to construct a reasonable residential house plan on the site in a similar location
as the current house while not negatively affecting the aesthetic character of the area.
6. The variance is necessary to use the property in a reasonable manner. The 1,859 sq. ft. proposed
footprint for the house and garage is a reasonable -sized lake home given the size and shape of the
property.
7. The practical difficulty does exist due to circumstances unique to the property. Due to the shoreline
along the property's southern and eastern boundary and the resulting lakeshore setback
requirement of 75 feet, a building pad area of less than 1,000 square feet exists for a house that
would meet all setback requirements. In this case, it is not practical for a lake house and garage to
be placed in less than a 1,000 sq. ft. area. Therefore, the practical difficulty has resulted from the
shape of the particular property.
8. The granting of the variances will not alter the existing character of the neighborhood. As identified
in the survey on file, the overall proposed house plan will be in the same location as the existing
house.
9. A single family residential dwelling is an allowed use within the R-1 (Low Density Residential)
Zoning District.
10. The granting of the variance will not be necessary to alleviate any hardships of the inability to use
solar energy systems.
11. The contents of Planning Case #11-129 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
variance from the minimum lakeshore structure setback of a General Development Lake in the R-1
(Low Density Residential):
• A 50 foot variance from the required minimum 75 foot structure setback from the Ordinary
High Water (OHKO elevation of Prior Lake (Section 1104.303 (4)).
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 Planning
Department prior to the issuance of a building permit.
Adopted by the Board of Adjustment on January 9, 2012.
Jeff Phelan, Commission Chair
ATTEST:
Dan Rogness, Community & Economic Development Director
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