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Home My WebLink About13-074 Watersedge Trail Variance 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 13-074 RESOLUTION OF THE PRIOR LAKE CITY COUNCIL UPHOLDING THE PLANNING COMMISSION’S DECISION TO GRANTAPPROVAL OF VARIANCES FROM THE MINIMUM LAKESHORE STRUCTURE SETBACK, MINIMUM FRONT YARD, MINIMUM SUM OF THE SIDE YARD SETBACKS, MINIMUM BUILDING SEPARATION, MAXIMUM IMPERVIOUS SURFACE, AND MINIMUM LOT AREA FOR A PROPERTY IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT MOTION BY: Morton SECOND BY: Soukup WHEREAS, S Wold Construction Inc., on behalf of the property owner, Jason Miskowic, 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) WHEREAS, The Planning Commission, acting as the Board of Adjustment, reviewed the application for variances as contained in Case #DEV2013-1008, held a public hearing thereon April 1, 2013, and continued their discussion of the item on April 29, 2013; and WHEREAS, The Planning Commission concluded the variances were consistent with the criteria set forth in Section 1108.406 of the Zoning Ordinance, and approved the variances subject to conditions; and WHEREAS, Robert Miller, a property owner within 350 feet of the affected property, appealed the decision of the Planning Commission to the City Council; and WHEREAS, The City Council reviewed the appeal of the Planning Commission’s decision, and the information contained in Case #DEV2013-1008, and held a hearing thereon on May 28, 2013 and continued their discussion of the item on June 10, 2013. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that: 1.The above recitals are fully incorporated herein as set forth above. 2.The City Council finds that the requested variances are consistent with the criteria set forth in Section 1108.406 of the Zoning Ordinance, subject to conditions. 3.The City Council upholds the Planning Commission’s decision to approve the variances subject to conditions. 4.The City Council makes the following findings: Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com a)The decision of the Planning Commission was properly and timely appealed in accordance with Section 1108.409 of the City Code. b)The City Council reviewed the appeal of the Planning Commission’s decision, and the information contained in Case #DEV2013-1008, and held a hearing thereon on May 28, 2013. c)The City Council 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 variances on the Comprehensive Plan d)The City Council finds that practical difficulties exist for the property owner 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 is not practical to construct a reasonable lake home within these limitations. e)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 within the confines of the center of the property. f)The variances are necessary to use the property in a reasonable manner. The 1,948 sq. ft. proposed footprint for the structure is a reasonable-sized lake home given the size, shape, and lot constraints of the property and 875 square feet is not a reasonable area for constructing a lake home. g)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. h)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. i)A single family residential dwelling is an allowed use within the R-1 (Low Density Residential) Zoning District. 2.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. 3.Based upon the Findings set forth above, the City Council hereby approves the following variances: a)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)) b)A 9.8% variance from the 30% maximum impervious surface requirement for a residential property in the Shoreland District (Section 1104.306 & Section 1104.902 (1)) c)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 (Section 1104.308). d)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)). e)A 2.1 foot variance from the minimum 15 foot sum of the side yard requirement (section 1101.502 (7)) f)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)) 2 4. The variance are hereby approved subject to the following to the following conditions: a) 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 & Economic Development Department prior to the issuance of a building permit. b)All mitigation techniques to address the 39% impervious surface approval identified by the applicant in his 6/5/13 letter including raising of the garage elevation, gutter systems, drain tiles, and a rain garden are to be completed prior to issuance of a final certificate of occupancy and maintained to assure operability by the property owner in perpetuity. c)Any trees on adjacent properties that are lost or damaged as a result of the initial house construction (within one year) shall be replaced with at least a three inch (3”) diameter tree. d)A shoreline buffer shall be installed near the shore of Prior Lake. The buffer shall be a minimum 20 feet across the width of the lot and 15 feet deep. A maintenance agreement shall be completed between the property owner and the City of Prior Lake for future maintenance of this buffer feature. 5.The variances are hereby approved on property legally described as follows: Lot 14 BOUDIN’S MANOR, SCOTT COUNTY, MINNESOTA (PID 25-119-010-0). PASSED AND ADOPTED THIS 10 DAY OF JUNE, 2013. th YES NO Hedberg X Hedberg Keeney X Keeney McGuire X McGuire Morton Morton X Soukup X Soukup ______________________________ Frank Boyles, City Manager 3