HomeMy WebLinkAbout4A Watersedge TrailMEETING DATE: APRIL 1, 2013
AGENDA M
4A
PREPARED BY:
JEFF MATZKE, PLANNER
PRESENTED BY:
JEFF MATZKE
PUBLIC HEARING:
YES
AGENDA ITEM:
CONSIDER A REQUEST FOR APPROVAL OF VARIANCES FROM THE MIN-
IMUM LAKESHORE STRUCTURE SETBACK, MINIMUM FRONT YARD, MIN-
IMUM SUM OF THE SIDE YARD SEBTACKS, MINIMUM BUILDING SEPA-
RATION, MAXIMUM IMPERVIOUS SURFACE, AND MINIMUM LOT AREA
FOR A PROPERTY IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING
DISTRICT
DISCUSSION: Introduction
S Wold Construction Inc, on behalf of the owner, is requesting variances from
the minimum lake setback, minimum front yard setback, minimum sum of the
side yard setbacks, minimum building separation, minimum lot area, and maxi-
mum impervious surface on a property located at 14354 Watersedge Trail NE.
The property is located along the northeastern shores of Lower Prior Lake,
west of Trunk Highway 13, south of Rutgers Street. The site is currently va-
cant. The following variances are requested:
• A 15 foot variance from the required minimum 20 foot front yard set-
back using the average front yard setbacks of the adjacent proper-
ties (Section 1102.405 (5))
• A 10.5% variance from the 30% maximum impervious surface re-
quirement for a residential property in the Shoreland District (Section
1104.306 & Section 1104.902 (1))
• A 13.3 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 (Sec-
tion 1104.308).
• A 3.4 foot variance from the minimum 15 foot separation between all
structures on the nonconforming lot and on the adjoining lot. (Sec-
tion 1101.502 (7)).
• A 4.4 foot variance from the minimum 15 foot sum of the side yard
requirement (section 1101.502 (7))
• An 1, 830 square foot variance from the minimum 7,500 square foot
lot area required for development of a nonconforming lot of record
(Section 1104.902 (1))
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 2 -car
garage onsite with a 1,988 sq. ft. footprint. The lot is low in elevation in com-
parison to the waters of Prior Lake; therefore it is not possible to add a base-
ment to the property. The applicant proposes to raise the grade of a portion of
the property to allow the lowest floor of the proposed house to be at or above
an elevation of 909.9 as is required by the Floodplain Ordinance. Small retain-
ing walls will be constructed along the side property lines to allow the grade to
be elevated above the floodplain elevation of Prior Lake.
The property is 50 feet in width and 5,670 square feet in total area above the
high water mark of Prior Lake (904.0 elevation) thereby making the property a
nonconforming lot by width and area standards. The applicant proposes a
house that is 39 feet in width at its maximum but will remain 5 feet from both
side property lines. Also, the applicant proposes to place the house 15 feet
from the front property line and 36.7 feet from the high water mark of Prior
Lake. All of these setbacks have similarities that are within character of the
neighborhood as can be identified on the adjacent surveyed lots. The current
City Ordinance requires a maximum of 30% impervious surface per property;
the proposed impervious surface indicated for the lot is 40.5% of the total lot
area. Existing impervious surface for other properties within this neighborhood
are also over 30% the total lot areas.
While the Shoreland Ordinance does dictate a lot to be a minimum of 7,500 sq.
ft. in size and 50 feet in width for development of the property into a single fami-
ly dwelling, this property has been valued and assessed as a buildable lot for
single family dwelling purposes for many years. The result of denying a single
family dwelling use upon the property could result as a legal taking from the
property.
ISSUES: This project includes a request for six variances. Section 9108.400 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 the narrow
and small size of the property. The allowed buildable area of the proper-
ty which could be utilized without approval of variances from the lake,
front, and side yard setbacks, and impervious surface maximum is ap-
proximately 875 square feet with an impervious surface area of 1,700 sq
ft. It does not appear practical to construct a reasonable lake home with-
in these limitations.
(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 within the confines of the center of the
property.
(3) The granting of the Variance is necessary to permit the reasonable
use of the property involved.
The variances are necessary to use the property in a reasonable man-
ner. The 3,988 sq. ft. proposed footprint for the structure is a reasona-
ble -sized lake home given the size, shape, and lot constraints 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 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
small and narrow nonconforming lot area in which to construct a lake
home and a low elevation which would not allow a basement.
(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 visible on the submitted survey, the proposed house is
within line of the adjacent houses on either side and has similar setbacks
and lot conditions.
(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. 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 variances 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 variances 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 3-21-13
4. Conceptual Floor Plans
5. Resident letter dated 3-27-13
APPROVAL OF VARIANCES FROM THE MINIMUM LAKESHORE STRUCTURE SETBACK,
MINIMUM FRONT YARD, MINIMUM SUM OF THE SIDE YARD SEBTACKS, MINIMUM BUILDING
SEPARATION, MAXIMUM IMPERVIOUS SURFACE, AND MINIMUM LOT AREA FOR A PROPERTY
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. S Wold Construction Inc. is requesting variances from the minimum lake setback, minimum front
yard setback, minimum sum of the side yard setbacks, minimum building separation, minimum lot
area, and maximum impervious surface at the following location, to wit;
14354 Watersedge Trail NE, Prior Lake, MN 55372
Lot 14 BOUDIN'S MANOR, SCOTT COUNTY, MINNESOTA
(PID 25-119-010-0)
2. The Board of Adjustment has reviewed the application for variances as contained in Case #DEV -
2013 -1008 and held a hearing thereon on April 1, 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.
4. It appears practical difficulties exist for the applicant in this case. This residential property has
some unique characteristics including the narrow and small size of the property. The allowed
buildable area of the property which could be utilized without approval of variances from the lake,
front, and side yard setbacks, and impervious surface maximum is approximately 875 square feet
with an impervious surface area of 1,700 sq ft. It does not appear practical to construct a
reasonable lake home within these limitations.
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 Dome plan on the site in an orderly
fashion within the confines of the center of the property.
Phone 952.447.9800 / Fax 952.447.4245 / lxw%v,cityUpriorlake.coin
6. The variances are necessary to use the property in a reasonable manner. The 1,988 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 small and narrow nonconforming lot area in which to
construct a lake home and a low elevation which would not allow a basement.
8. The granting of the variances will not alter the existing character of the neighborhood. As visible on
the submitted survey, the proposed house is within line of the adjacent houses on either side and
has similar setbacks and lot conditions.
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 #DEV2013-1008 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:
• A 15 foot variance from the required minimum 20 foot front yard setback using the average
front yard setbacks of the adjacent properties (Section 1102.405 (5))
• A 10.5% variance from the 30% maximum impervious surface requirement for a residential
property in the Shoreland District (Section 1104.306 & Section 1104.902 (1))
• A 13.3 foot variance from the required minimum 50 foot structure setback from the Ordinary
High Wafer (OHW) elevation of Prior Lake using the average lake setbacks of adjacent
properties (Section 1104.308).
• A 3.4 foot variance from the minimum 15 foot separation between all structures on the
nonconforming lot and on the adjoining lot. (Section 1101.502 (7)).
• A 4.4 foot variance from the minimum 15 foot sum of the side yard requirement (section
1101.502 (7))
• An 1,830 square foot variance from the minimum 7,500 square foot lot area required for
development of a nonconforming lot of record (Section 1104.902 (1))
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 April 1, 2013.
Jeff Phelan, Commission Chair
ATTEST:
Dan Rogness, Community & Economic Development Director
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Prior Lake Planning Commission March 27, 2013
4646 Dakota Street S.E.
Prior lake, MN. 55372
Commissioners:
Re: Lot 14, BOUDIN'S MANOR SCOTT COUNTY, AUNNESOTA
Address
14354 Watersedge trait
PID 25-119-010-0
I believe the commission should follofv the guidelines, codes, requarding setbacks
And variances on Prior Labe.
John Rezac
Address
14348 Watersedge trail
Lot 13, BOUDIN'S )4A
Unable to
SCOTT COUNTY, MINNESOTA
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