HomeMy WebLinkAbout4AMEETING DATE: JANUARY 22, 2012
AGENDA #: 4A
PREPARED BY: JEFF MATZKE, PLANNER
PRESENTED BY: JEFF MATZKE
PUBLIC HEARING: YES
AGENDA ITEM: CONSIDER A REQUEST FOR APPROVAL OF A VARIANCE FROM THE
MINIMUM LAKESHORE STRUCTURE SETBACK OF A GENERAL DEVEL-
OPMENT LAKE IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DIS-
TRICT AND A VARIANCE FROM THE MINIMUM BLUFF SETBACK REQUI-
REMENT
DISCUSSION: Introduction
Highmark Builders, on behalf of the owner, is requesting variances from the
minimum lake setback and minimum bluff setback on a property located at
5290 Candy Cove Trail. The property is located along the eastern shores of
Lower Prior Lake, west of Trunk Highway 13. A single family home exists cur-
rently on the property. The following variances are requested:
A 5.9 foot variance from the required minimum 50 foot structure set-
back from the Ordinary High Water (OHW) elevation of Prior Lake
using the average lake setbacks of adjacent properties (Section
1104.308).
An 18.4 foot variance from the required 25 foot bluff setback (Sec-
tion 1104.304).
Current Circumstances
The property is zoned R-1 (Low Density Residential), and is guided R -LD (Ur-
ban Low Density) on the 2030 Comprehensive Plan Land Use Map.
The applicant proposes to construct a new 2 -story home and attached garage
onsite with a 4,186 sq. ft. footprint. The current City Ordinance requires a max-
imum of 30% impervious surface per property; the proposed impervious surface
indicated for the lot is 27.2%. A conceptual landscape plan submitted by the
applicant for visual reference indicates a possible pool and landscaped areas to
the rear of the house; however, the applicant states these areas will not require
additional setback and/or impervious surface variances.
This residential property has some unique characteristics including a long nar-
row driveway from Candy Cove Trail of which it shares with two other residen-
tial properties for access. Also, public utility lines placed in 1974 which provide
sanitary sewer and water service to the three properties along the driveway run
from Candy Cove Trail down the driveway itself to a lift station located at the
end of the driveway in the center of the ridge (indicated on the survey). The
City maintains a public easement for these utilities; however, the current lift sta-
tion lies outside of the easement area. To allow future access for maintenance
station since
the City will need a radius of 20 feet surrounding the lift
has designed e line
pro-
20 feet below the surface of the driveway. The applicant
posed garage and house to achieve this 20 foot minimum distance. As a result
the proposed structure does encroach within the bluff setback behind the ga-
rage. The applicant has also indicated that an additional easement area will be
granted to the City to encompass the existing lift station and lateral service lines
to other properties to allow for any future maintenance access.
In addition, the new house is proposed to be a minimum of 50 feet from the
high water mark (904 elevation) of Prior Lake. While the average distance of
the adjacent property setbacks is 55.9 feet, the existing house and deck cur-
rently lie as close as 38 feet to the high water.
The DNR provided comments on the application which requested mitigation ef-
forts to be pursued to counter the increase in impervious surface especially
since steep slopes lie on the property. This would possibly decrease erosion
potential and impacts to the lake water quality in the area. In additional they
indicated that any wall or rip rap improvements along the lakeshore may require
a permit through the DNR Water Resources Division.
ISSUES: This project includes a request for one variance. 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. This
residential property has some unique characteristics including a long nar-
row driveway from Candy Cove Trail of which it shares with two other
residential properties for access, the presence of public utility lines and a
lift station at the center of the driveway on the property, bluff slopes on
both the north and south areas of the property, and lakeshore surround-
ing nearly 270 degrees of the property. These characteristics leave the
property with a narrow and unique buildable area required by Ordinance.
The applicant proposes a lake home which will encroach upon the bluff
setback by 18.4 feet and lake setback by 5.9 feet.
(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 Plan.
Two purposes of the Zoning Ordinance are to "promote the most appro-
priate and orderly development of the residential, business, industrial, pub-
lic land and public areas" and "enhance the aesthetic character and ap-
pearance of the City." The approval of the variances as requested would
allow the applicant to construct a reasonable residential lake home plan
on the site in an orderly fashion with little impact to the steep slope areas
while preserving the necessary access to the public utilities.
(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 4,186 sq. ft. proposed footprint for the structure is a reasonable -
sized lake home given the size, shape, and lot constraints of the proper-
ty.
(4) The practical difficulty is due to circumstances unique to the
property not resulting from actions of the owners of the property
y
and is not a mere convenience to the property owner and applicant.
The practical difficulty does exist due to circumstances unique to the
property. This residential property has unique characteristics including a
long narrow driveway from Candy Cove Trail of which it shares with two
other residential properties for access, the presence of public utility lines
and a lift station at the center of the driveway on the property, bluff
slopes on both the north and south areas of the property, and lakeshore
surrounding nearly 270 degrees of the 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 variance will not alter the existing character of the
neighborhood. While the proposed structure is larger in size than the
current 1960s home and garage, the structure is proposed to be placed
further from the lake than the current home with little impact to the steep
slope areas while preserving the necessary access to the public utilities.
(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 hard-
ships of the inability to use solar energy systems.
Conclusion
City Staff believes the variances requested are warranted due to the lot con-
straints unique to the property and practical difficulties as stated above in the
findings. Therefore, City Staff recommends approval of the variances subject
to the following conditions of approval:
1. Drainage and utility easements shall be granted to the City surrounding the
lift station, control equipment, and lateral service line towards the adjacent
property at 5282 Candy Cove Trail.
2. Drainage patterns directed toward bluff areas should be dispersed such that
concentrated flow paths are not created which would cause erosion and re-
duce lake water quality.
3. The variance 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 & Economic Development
Department prior to the issuance of a building permit.
ALTERNATIVES: 1. Approve the requested variance or any variance the Planning Commission
deems appropriate in these circumstances.
2. Table or continue discussion of the item for specific purpose.
3. Deny the variance because the Planning Commission finds a lack of dem-
onstrated practical difficulties under the zoning code criteria.
RECOMMENDED City Staff recommends Alternatives #1.
MOTIONS:
EXHIBITS: 1. Resolution 13-XXPC
2. Location Map
3. Survey stamp received 12-21-12
4. Conceptual Landscape Plan
5. Conceptual Building Elevations
P W0411�
N
U 4646 Dakota Street SE
Prior Lake, MN 55372
�`�, Es
RESOLUTION 13-01 PC
CONSIDER A REQUEST FOR APPROVAL OF A VARIANCE FROM THE MINIMUM LAKESHORE
STRUCTURE SETBACK OF A GENERAL DISTRICT AND A VARIANCE NFROM THE MINIMUM BLUFNT LAKE IN THE R-1 F SETBA K
DENSITY
RESIDENTIAL) ZONING REQUIREMENT
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Highmark Builders are requesting a variance from the minimum lakeshore structure setback of a
General Development Lake in the R-1 (Low Density Residential) Zoning District and the minimum
bluff setback at the following location, to wit;
5290 Candy Cove Trail, Prior Lake, MN 55372
That part of Government Lot 3, Section 36, Township 115, Range 22, Scott County, Minnesota,
described as follows:
Commencing at the southwest corner of Lot 1, plat of Candy Cove Park; thence S 60 10' W a
distance of 50.00 feet; thence S 52❑ 40'W a distance of 50.00 feet, thence S 34 00' W a
distance of 50.00 feet; thence S 291-1 13'W a distance of 40.02 feet to the point of beginning of
the tract of land to be described; thence S 87' � 44'W a distance of 85.03 feet; thence N 75❑ 26
W a distance of 163.19 feet; thence N 15❑ 43'W a distance of 140 feet more or less to the
shore of Prior Lake; thence westerly and southerly along said shore line to its intersection with a
line, said line being the southerly boundary of this tract of land being described as follow:
Beginning at the afore mentioned point of beginning; thence S 29 1 13'W a distance of 2.88
feet; thence S 3 1 22'W a distance of 12.60 feet; thence S 87' 44'W a distance of 84.50 feet;
thence N 75 1 26'W a distance of 176.40 feet; thence S 53' 34'W a distance of 150 feet more
or less to the shore line of Prior Lake and there terminating
Said above described tract subject to an easement for driveway purpose for egress and ingress
of adjoining property over the most easterly 248.00 feet thereof.
(PID 25-936-068-0)
2. The Board of Adjustment has reviewed the application for variances as contained in Case #12-129
and held a hearing thereon on January 22, 2013.
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.
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlak-e.com
4. It appears practical difficulties exist for the applicant in this case. This residential property has
some unique characteristics including a long narrow driveway from Candy Cove Trail of which it
shares with two other residential properties for access, the presence of public utility lines and a lift
station at the center of the driveway on the property, bluff slopes on both the north and south areas
of the property, and lakeshore surrounding nearly 270 degrees of the property. These
characteristics leave the property with a narrow and unique buildable area required by Ordinance.
The applicant proposes a lake home which will encroach upon the bluff setback by 18.4 feet and
lake setback by 5.9 feet.
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 variances as requested would
allow the applicant to construct a reasonable residential lake home plan on the site in an orderly
fashion with little impact to the steep slope areas while preserving the necessary access to the
public utilities.
6. The variance is necessary to use the property in a reasonable manner. The 4,186 sq. ft. proposed
footprint for the structure is a reasonable -sized lake home given the size, shape, and lot constraints
of the property.
7. The practical difficulty does exist due to circumstances unique to the property. This residential
property has unique characteristics including a long narrow driveway from Candy Cove Trail of
which it shares with two other residential properties for access, the presence of public utility lines
and a lift station at the center of the driveway on the property, bluff slopes on both the north and
south areas of the property, and lakeshore surrounding nearly 270 degrees of the property.
8. The granting of the variance will not alter the existing character of the neighborhood. While the
proposed structure is larger in size than the current 1960s home and garage, the structure is
proposed to be placed further from the lake than the current home with little impact to the steep
slope areas while preserving the necessary access to the public utilities.
9. A single family residential dwelling is an allowed use within the R-1 (Low Density Residential)
Zoning District.
10. The granting of the variances will not be necessary to alleviate any hardships of the inability to use
solar energy systems.
11. The contents of Planning Case #12-129 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
variances from the minimum lake structure setback and minimum bluff setback:
A 5.9 foot variance from the required minimum 50 foot structure setback from the Ordinary
High Water (OHW) elevation of Prior Lake using the average lake setbacks of adjacent
properties (Section 1104.308).
An 18.4 foot variance from the required 25 foot bluff setback (Section 1104.304).
The variance is subject to the following conditions:
1. Drainage and utility easements shall be granted to the City surrounding the lift station, control
equipment, and lateral service line towards the adjacent property at 5282 Candy Cove Trail.
2. Drainage patterns directed toward bluff areas should be dispersed such that concentrated flow
paths are not created which would cause erosion and reduce lake water quality.
3. 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 22, 2013.
Jeff Phelan, Commission Chair
ATTEST:
Dan Rogness, Community & Economic Development Director
5290 CANDY COVE TRAIL
LOCATION MAP
b
0
z
W
A
u 111000�S49
�a / ,
r
1� �i----------------------
Omw on n r0^1 Y ' --1 -1-z tv
<n C-zi �Rkr 0m mnro
r>_
zA 9 a,mro�[<n z�n y
N o my00z m nN = @>0 m
Y wC „r m0ty N
a cyn ra�oo -g4 z°m z
m �ar'°n 0 >>"I ion Z
xn.> r<nk�� mEj y
x O rr" .�Kny{Ovai2 m0 W61 ?I
x002' C
D $ [r�1 o'xlxQ d y�0y Paz,
l7
m a azz m ��
m�oz �m d4 CZ
a 9m� ���
3o=t
z zyyn y
'dby w mOOn O -ln§ A
��it � � n°�°� y ox- mnG
M m R1 z 'yt1a W � `�yO
> O tmi7 '9j ^rte] Sow " •°x � z
Oi., ��^., zOCN 17 ,�„>coz C
o, nn<m zocr
g Dn MOm� z <.j
=y z °�� ° o .,w
np
m Aztwn A 24
O
n
azzo
r z
F' >
K
f f Zi > of
Z to
.f N
J
\� 0-
NA
N O
co m
I / m'
9
\\ Y
n
A
CrolJXO"3x
\\
12.60--�'�
S03°22'W
0 IWT-2 oHOQv
�O
CANDY � as pfErs���
TRAIL SERE
0
BENGy,1MARK
8 0 � g(�Ogao®o-OToD*O
mm"Iom n cox 'JH[la[�]0
OZ x ��xnr=' n cr �r0ozz
t+]x^ Nv yy Z>Oo zOHzx rL ']cn
xz tz -3 r-� <zr•OxNhz�Cy N0,.)2M
Gl 4]94'1 H "3 rHt�]�zCl tyn O`'dyX(y�H
d rm C
mt--'�'z1 ro0 w C �i �O� OM z0
SOo
\� 0-
NA
N O
co m
zthH
9
\\ Y
n
A
CrolJXO"3x
\\
-
'-o
9�
N
O
James R. Hill Inc.
PLANNERS ENGINEERS SURVEYORS
/ /
H
O
W
11
a zx0,�
z
z
r
� -1
\� N
0
0 z
a O
11
o z
0 �1
a r-
0�-
N
M
N
FOR
Wade Kotuba
2500 W. Ctt. Ro. 42, Such 120, BUANSNLLf, MN 55337
O
8 0 � g(�Ogao®o-OToD*O
mm"Iom n cox 'JH[la[�]0
OZ x ��xnr=' n cr �r0ozz
t+]x^ Nv yy Z>Oo zOHzx rL ']cn
xz tz -3 r-� <zr•OxNhz�Cy N0,.)2M
Gl 4]94'1 H "3 rHt�]�zCl tyn O`'dyX(y�H
d rm C
mt--'�'z1 ro0 w C �i �O� OM z0
SOo
oy
NA
N O
co m
zthH
9
�C
S,¢\rf
n
N[tl '�+1
CrolJXO"3x
r
-
'-o
N
O
James R. Hill Inc.
PLANNERS ENGINEERS SURVEYORS
/ /
H
z
W
11
a zx0,�
z
z
r
� -1
Z
0
0 z
a O
11
o z
0 �1
a r-
rn
_
I '-1
N m
NA
N O
co m
�
n
rn
(�
n
M
s
-
'-o
0
z1
v
N
O
James R. Hill Inc.
PLANNERS ENGINEERS SURVEYORS
/ /
�
lf�7SLl
rn
_
I '-1
N m
NA
N O
co m
��
N
I o
M
s
-
'-o
0
z1
v
5290 CANDY COVE TRAIL SE
PRIOR LAKE, MINNESOTA
BOUNDARY AND TOPOGRAPHIC SURVEY
James R. Hill Inc.
PLANNERS ENGINEERS SURVEYORS
/ /
1
. 0
11
� -1
Z
0
0 z
a O
11
o z
0 �1
a r-
0�-
N
M
N
FOR
Wade Kotuba
2500 W. Ctt. Ro. 42, Such 120, BUANSNLLf, MN 55337
O
PHONE: (952)890-6044 FAX: (952)890-6244
22826-20s.dw - 12/17/2012 08:03AM
- No D / / '\ f / `'" - ' \�..- / O ✓948 r- J `�`� ,l S�ti\\ \
II z Z �? � /..�`✓� � "J 4 ✓" �-^' ..e\6'� ".- ""- "�'^` A \ Opp;\\
or / lh •. ,rte f ...-moi ..--� . •/,/ `\ � \ � �
c3�l
I/S.
tk
/ � �1 /
-�'��a '440°
J ti %Ytb \e'4L 4° N
,o,a9\
/��.�
40
c
Mmm
> 'oo—
88 F -
6e 0`� „� II fTl
0
M 1
lld' �l�
I
c I
I
,.,0)/41
/ �I\
y_S.� og rawm �oz�is°,o "wa 2 12/ � 11
r"
0-
°�'tl.
1
'e S� e ao� g €i \ s
rr R w g
R c g� o �o ' N ado} / 7i /¢� I \\ 10
� ry � o' � m = a � .. � o R � N � °, o '� •,.,\� l
t /
.. ,7a
m n o On / l a'^ / l ..�s••. IG1� ? \ \ N
C T •G N\ I it �•r \\
z
c x Seo � o'IAn� °c �? �sg-' •,� O ^^\_ I r 'y�{ g �\
e a ♦ I \ \
3 d y rn ^, w. y a• '� E I� i ply \\
g OD
I
° w m °,�
zt-4.s'z I 8 F\® %O9a®®m ¢�oD0O
Li
�/ III r Ilc
ro ao m w o n G[�� C r O H H H a m �n ro z
O m rm a0 pH lax O zmxSnoa
0 m "— V
z <n H TF�mm o n by �• w / �. roNba m ITIM110M n 0Xr'-1.3M>Ma-00zz•,••
c yro ax o mqa r ay Hro 12.60- ; \\ 40 MOM or ?V1 MZ 1z' a artar zocaaxz
H
r o> a yyv�R o Wwm� ym n S03e22'W T2s x�ro ° �y�z -,ad ��znMc`�i�o<r=ozz
o zx ��Z..7 >r%mrZ� a S� A $G� " 4. S'BB�y3, nr-2> �' zz`"M'z m r' -e�o�-rox�ozz��my-Mv,
a ittH\la000z Y nNax o_y�yo /aw g°9i ryC ^h C [1 z G�G)zy4] LHy'1 ryL] y"zndyn �Q[J iCn
rn UO e< pm�z ra to Gf 3' 'dn xl C,7 ty C7 to [�aeyrr z
' a �ro a mn:4M0 2 pE rF y 0 f�N\ ry pf/ p� y y�iy Ozo ti0F)M yd
O y C� ti yzO,o� m oy m O'CC p O __ qSr'% pia B\ Ctl 'd zH O "� a Cx�nyy r
c m ..1 , 4 A m m z 1, n
W Hx r-ayoo y ,.1.. zro a CANDY Co4'Sa�H"�er s3\� �zm a nz M `� a C::
y
° �gzm° ren°a z ° a z z r
my= m3HA Nye N TRAIL �E r y
g n
r>,
noN°z o rGOnzr�d xo°z c SE x o a
n b r KzNs a z�r Fla m
K m 9 �°zz < py�0 n$m a "C O \p W _
n r p > Aj :10
z 3 nz yHym'z C' IO 6ENSA
O
z :a �Nm ^0 ro
rm aD z h >> q� A-:
u1JlJ
y0yxw KyO oM
:.'1AAz
z mwm H
`r >o
a o n m nn<m n �zaC Sr \$ zo
Q,g 2 n ro0 K'< z0ro0 NO y N
np d >m 2
�f H O N Mro
Oz
M M� a min
m z m 3
z x �✓'
° 5290 CANDY COVE TRAIL SE
N �
M
I '—I N O °N° y Q � N m � A PRIOR LAKE, MINNESOTA James R ■ Hill Inc ■
m n°Di m °r.l i o N N . N jJ S 00 � D BOUNDARY AND TOPOGRAPHIC SURVEY PLANNERS / ENGINEERS / SURVEYORS
I rn n w =m 3 roaroN N �D �
oZ I 1 0�'o o o FOR
O � O o Z o. m 0 y N N m 2500 W. Cn. RD. 42, SuitE 120, BURNSNLLE, MN 55337
0
0
� Wade Kotuba
p ' K
M
PHONE: (952)890-6044 FAX: (952)890-6244
C5
0
Y
A
�A y
# s z
n y FI
=>
o_ x y
n ' "
ZZ x
1 m �
A M w
O • 7
7
J
H
m
0
Q
�il
v
Ll
r -L
L --.j 101
L --j
m
iIPTu �
Livl
TWITCH DESIGN
11,0-ru�
Tp"I'vc,11 DI..-I(�,"T