HomeMy WebLinkAbout4 - Markley Lake Woods - VarianceMEETING DATE: APRIL 29, 2013
AGENDA #: 4A
PREPARED BY: JEFF MATZKE, PLANNER
PRESENTED BY: JEFF MATZKE
PUBLIC HEARING: YES
AGENDA ITEM: CONSIDER A REQUEST FOR APPROVAL OF AVARIANCE FROM THE MIN-
IMUM LOT WIDTH FOR LOTS 10, 11, 12, BLOCK 1 OF THE PROPOSED
MARKELY LAKE WOODS PLAT
DISCUSSION: Introduction
Peter Knaeble, owner and developer of the proposed Markley Lake Woods res-
idential subdivision is requesting variances from the required minimum lot width
for three proposed residential lots. The property is located on a 23.5 acre site
located northeast of the intersection of CSAH 21 and Fish Point Road, south of
the Cardinal Ridge residential development area, east of the proposed Eagle
Creek Estates Plat. The following variances are requested:
Lot 10, Block _1_(proposed
• A 54 foot variance from the required minimum 86 foot lot width for a
property in the R-1, Low Density Residential Zoning District. (Sec-
tion 1102.405 (3))
Lot 11, Block 1 (proposed)
• A 38 foot variance from the required minimum 86 foot lot width for a
property in the R-1, Low Density Residential Zoning District. (Sec-
tion 1102.405 (3))
Lot 12, Block 1 (proposed)
• A 12 foot variance from the required minimum 86 foot lot width for a
property in the R-1, Low Density Residential Zoning District. (Sec-
tion 1102.405 (3))
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 developer of the Markley Lake Woods preliminary plat is proposing a cul-
de-sac design at the northeast corner of the development (see attached alter-
native cul-de-sac design plan) which would reduce the proposed public street
width by approximately 55 feet than a cul-de-sac design with conforming lot
widths. The effects of this street length reduction would result in a decrease of
approximately 1,500 sq. ft. of impervious surface, and 4,800 sq ft. of grading
impacts as well as the saving of trees, and the ability to construct a house on
Lot 12 farther from the lakeshore of Markley Lake.
While no change in the overall number of lots or residential density would occur
as a result of the alternative design, the lot width for Lots 10, 11, and 12 of
Block 1 would be reduced to 32 feet, 48 feet, and 74 feet respectively thereby
resulting in the need for requested variances. The applicant has indicated a
design on the preliminary plat (labeled alternative conforming cul-de-sac de-
sign) which would meets the city lot width requirements for the three cul-de-sac
lots but would have a greater impact in grading, impervious surface and addi-
tional street area than the alternative cul-de-sac design.
ISSUES: This project includes a request for three variances. 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
applicant has presented a conforming cul-de-sac plan that would have a
greater impact on the natural terrain and require additional public infra-
structure in regards to street area. The granting of the lot width variances
would allow a more efficient design for the cul-de-sac in regards to the
street area, impervious surface, grading, and tree impacts.
(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 "conserve natural resources and environ-
mental assets of the community". The decrease of approximately 1,500
sq. ft. of impervious surface and 4,800 sq ft. of grading impacts as well
as the saving of trees and the ability to construct the house on Lot 12
farther from the lakeshore of Markley Lake will achieve the intended pur-
pose of efficient and orderly development while preserving more of the
natural terrain.
(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 this reasonable man-
ner. A reasonable and more efficient design in regards to impervious
surface and grading impacts would result from a design which includes
the granting of the variances rather than a conforming cul-de-sac design
plan.
(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. The topography and natural features such as trees and Mark-
ley Lake create the unique situation in order to develop the northeast
corner 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 variances will not drastically alter the existing
character of the proposed neighborhood. The cul-de-sac designs are
similar between the conforming and alternative designs; however, the
alternative provides more community advantages such as decreases in
impervious surface/street surface area, and grading impacts.
(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, practical difficulties, and community -wide advan-
tages as stated above in the findings. Therefore, City Staff recommends ap-
proval of the variances subject to the following conditions of approval:
1. The variance approval is subject to the pending approval of the Markley
Lake Woods Final Plat. The variance resolution shall be recorded along
with the Final Plat of Markley Lake Woods.
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. Markley Lake Preliminary Plat dated 111113 (proposed plan)
4. Alternative Cul-de-sac design rendering
APPROVAL OF A VARIANCE FROM THE MINIMUM LOT WIDTH FOR LOTS 10, 11, 12, BLOCK 1
OF THE PROPOSED MARKELY LAKE WOODS PLAT
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1, Peter Knaeble is requesting a variance from the minimum lot width for three proposed residential
lots on a property legally described as follows:
All that part of the East three-fourths of the Southeast Quarter of Section 1, Township 114, Range 22,
Scott County, Minnesota, described as follows: Commencing at the Southeast corner of said Section 1;
thence North 01 degrees 21 minutes West along the line between the Southeast corner and the
Northeast corner of said Section 1, a distance of 1251.72 feet, thence at right angles South 88 degrees
39 minutes 00 seconds West, a distance of 1875.73 feet; thence South 86 degrees 11 minutes 30
seconds West a distance of 84.66 feet to the East fine of the West 30.00 feet of the East three-fourths
of the Southeast Quarter of the actual point of beginning of the land to be described thence North 86
degrees 11 minutes 30 seconds East, a distance of 14.66 feet; thence bearing North 250.00 feet;
thence North 86 degrees 11 minutes 30 seconds East 500.00 feet, thence bearing South 250.00 feet,
thence bearing East a distance of 436.15 feet; thence bearing North a distance of 882.00 feet; thence
bearing East a distance of 302.87 feet more or less to the intersection with the following described line:
Commencing at the Southwest corner of Block 1, Plat of Whitewood 1st Addition, Scott County,
Minnesota; thence Southerly along the Southerly extension of the West line of said Block 1, a distance
of 200.00 feet; thence South 88 degrees 59 minutes 50 seconds West parallel with the Westerly
extension of the Southerly line of said Block 1 a distance of 800.00 feet to the actual point of beginning
of the line to be described, thence North 00 degrees 54 minutes 59 seconds west parallel with the West
line of Block 1, Plat of Whitewood 1st Addition, Scott County, Minnesota, a distance of 350.00 feet to its
intersection with the aforementioned line; thence continuing North 00 -degrees 54 minutes 59 seconds
West parallel with the West line of said Block 1, a distance of 449.46 feet more or less to the North line
of said Southeast Quarter, thence Westerly along said North line a distance of 1296.62 feet more or
less to the Northwest corner of said East three-fourths of the Southeast Quarter of said Section 1,
thence Southerly along the West line of said East three-fourths of the Southeast Quarter a distance of
1789.64 feet to the North line of the now abandoned Chicago, Milwaukee & St. Paul Railroad right of
way line as now defined by Scott County, Recorder's Document No. 178671; thence Southeasterly
along said North right of way line a distance of 33.74 feet to its intersection with the East line of the
West 30.00 feet of said East three-fourths of the Southeast Quarter; thence Northerly along said East
line of the West 30.00 feet a distance of 454.58 feet to the point of beginning, according to the United
States Government Survey thereof and situate in Scott County, Minnesota.
PID # 25-901-023-0
2. The Board of Adjustment has reviewed the application for variances as contained in Case #13-103
and held a hearing thereon on April 29, 2013.
Plione 952.447.9500 / Fax 952.447.4245 / w,%"v.ci(yofpriorlake.coiti
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 applicant has presented a
conforming cul-de-sac plan that would have a greater impact on the natural terrain and require
additional public infrastructure in regards to street area. The granting of the lot width variances
would allow a more efficient design for the cul-de-sac in regards to the street area, impervious
surface, grading, and tree impacts.
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 "conserve
natural resources and environmental assets of the community". The decrease of approximately 1,500
sq. ft. of impervious surface and 4,800 sq ft, of grading impacts as well as the saving of trees and
the ability to construct the house on Lot 12 farther from the lakeshore of Markley Lake will achieve
the intended purpose of efficient and orderly development while preserving more of the natural
terrain.
6. The variances are necessary to use the property in this reasonable manner. A reasonable and
more efficient design in regards to impervious surface and grading impacts would result from a
design which includes the granting of the variances rather than a conforming cul-de-sac design
plan.
7. The practical difficulty does exist due to circumstances unique to the property. The topography and
natural features such as trees and Markley Lake create the unique situation in order to develop the
northeast corner of the property.
8. The granting of the variances will not drastically alter the existing character of the proposed
neighborhood. The cul-de-sac designs are similar between the conforming and alternative designs;
however, the alternative provides more community advantages such as decreases in impervious
surface/street surface area, and grading impacts.
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 #13-103 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:
Lot 10 Block 1 (proposed)
• A 54 foot variance from the required minimum 86 foot lot width for a property in the R-1, Low
Density Residential Zoning District. (Section 9102.405 (3))
Lot 11 Block 1 (proposed)
• A 38 foot variance from the required minimum 86 foot lot width for a property in the R-1, Low
Density Residential Zoning District. (Section 9102.405 (3))
Lot 12, Block 1 (proposed)
0 A 12 foot variance from the required minimum 86 foot lot width for a property in the R-1, Low
Density Residential Zoning District. (Section 1102.405 (3))
The variance is subject to the following conditions:
1. The variance approval is subject to the pending approval of the Markley Lake Woods Final Plat.
The variance resolution shall be recorded along with the Final Plat of Markley Lake Woods.
Adopted by the Board of Adjustment on April 29, 2013,
Jeff Phelan, Commission Chair
ATTEST:
Dan Rogness, Community & Economic Development Director
MARKLEY LAKE WOODS VARIANCE
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ALTERNATIVE CUL-DE-SAC DESIGN
COMPOSITE CUL. -DE -SAC DRAWING
3/7/2013
6DVANTAGESs
55' SHORTER STREET
1540 SF LESS IMPERVI❑US COVER
4840 SF LESS SITE GRADING
570 SF LESS GRADING ON CITY PARK PROPERTY
3 LESS HEALTHY OAK TREES TO BE REMOVED (47 CAL.IN.)
LOT 12 CAN BE 20' FURTHER FROM LAKE EDGE
ALLOWS GRADING A 3s1 SLOPE VS. A 2s1 SLOPE
NO INCREASE IN LOT COUNT
DISADVANTAGES:
3 MIN. LOT WIDTH VARIANCES