HomeMy WebLinkAbout4D - Hafdal Two Plat & Variancesh
U 4646 Dakota Street SE
Prior Lake, MN 55372
PLANNING COMMISSION AGENDA REPORT
MEETING DATE: AUGUST 5, 2013
AGENDA #: 4D
PREPARED BY: JEFF MATZKE, PLANNER
PUBLIC HEARING: YES
AGENDA ITEM: CONSIDER A COMBINED PRELIMINARY AND FINAL PLAT FOR HAFDAL
TWO ADDITION AND A VARIANCE REQUEST FROM THE MINIMUM LOT
WIDTH, MINIMUM LOT AREA, AND MAXIMUM INPERVIOUS SURFACE
REQUIREMENT
DISCUSSION: Introduction
Rich Hafdal has applied for approval of a Combined Preliminary & Final Plat to
be known as Hafdal Two Addition and variances from the minimum lot width,
minimum lot area, and maximum impervious surface. The project is proposed
to realign interior property lines in order to create individual driveways for each
of the residential properties at 14183, 14185, & 14187 Shady Beach Trail. The
properties are located on the northwest shore of Lower Prior Lake, south of
County Highway 42. The applications include the following requests:
• Approval of a Combined Preliminary and Final Plat to be known as
Hafdal Two
• Lot 1: A 4.2% variance from the 30% maximum impervious surface
requirement for a residential property in the Shoreland District (Section
1104.306)
• Lot 2: A 1,696 sq. ft. variance from the required 15,000 sq. ft. minimum
lot area for a riparian lot in the R-1 District (Section 1104.302 (3))
• Lot 2: A 3.7% variance from the 30% maximum impervious surface
requirement for a residential property in the Shoreland District (Section
1104.306)
• Lot 3: An 30 foot variance from the required 75 foot minimum lot width
for a riparian lot in the R-1 District, (Section 1104.302 (3))
History
The current residential houses at 14183, 14185, & 14187 Shady Beach Trail
were constructed in the late 1960s and early 1970s. The properties at 14185
and 14187 share a driveway access across 14183 Shady Beach Trail and are
currently "landlocked" without direct frontage on Shady Beach Trail. The
properties hold access to Shady Beach Trail through a private ingress/egress
easement over 14183 Shady Beach Trail. In addition the City holds an
easement for sanitary sewer and water lines across this joint driveway area.
Current Circumstances
The applicant proposes to realign the existing property lines with the objective
to create separate driveways for the residences at 14185 and 14187 Shady
Beach Trail.
The following paragraphs outline the physical characteristics of the existing
Phone 952.447.9800 / Fax 952.447.42451 n�vtiv.cityofj�riorinke.com
site, the Comprehensive Plan and zoning designations, and a description of
some of the specifics of the site.
PHYSICAL SITE CHARACTERISTICS:
Total Site Area: The total site area consists of 55,984 sq ft..
Access: All properties access Shady Beach Trail. The properties at 14185
and 14187 share a driveway access across 14183 Shady Beach Trail. Access
for the residence at 14183 Shady Beach Trail is from its individual driveway.
2030 Comprehensive Plan Desi nation: The properties are designated for
Low Density Residential uses on the 2030 Comprehensive Plan Land Use
Map.
Zoning: The properties are zoned R-1 (Low Density Residential).
Shoreland: The properties are located within the Shoreland District of Prior
Lake and is subject to the City's Shoreland Ordinance,
PROPOSED PLAN
Lots: The combined preliminary and final plat consists of 3 lots for single
family dwellings. The proposed lot areas are as follows: Lot 1 is 25,271
square feet, Lot 2lOulot A is 13,304 square feet, and Lot 3 is 17,409.
Sanitary SewerlWater Mains: Sanitary sewer and water lines are in place for
the existing residential structures. The City requests a new ingress/egress
access easement to maintain acess across Outlot A to maintain the utility lines
within the existing drainage and utility easement at the southern end of the
outlot since the existing driveway access would be removed from areas within
5 feet of the Lot 1I1-ot 2 shared property line.
Grading: No grading changes to the current runoff patterns are proposed for
the replating of the lots.
Setbacks: The building areas on both lots will not change therefore no new
nonconforming setbacks would be created.
Impervious Surface: The impervious surface of the proposed lots are as
follows: Lot 1 = 34.2% (Existing 32.2%) Lot 2 = 33.7%, and Lot 3 is 16.0%.
The maximum allowed impervious surface according to the Shoreland
Ordinance is 30% per lot,
Variances: The proposed project requests three variances from the City
Ordinances. The following variances are requested:
Lot 1, Block 1, HAFDAL TWO
Lot 1: A 4.2% variance from the 30% maximum impervious surface
requirement for a residential property in the Shoreland District (Section
1104.306)
2. Block 1. HAFDAL TWO
• Lot 2: A 1,696 sq. ft. variance from the required 15,000 sq. ft. minimum
lot area for a riparian lot in the R-1 District (Section 1104.302 (3))
Lot 2: A 4.3% variance from the 30% maximum impervious surface
requirement for a residential property in the Shoreland District (Section
1104.306)
Lot 3, Block 1, HAFDAL TWO
• Lot 3: An 30 foot variance from the required 75 foot minimum lot width
for a riparian lot in the R-1 District. (Section 1104.302 (3))
ISSUES: This project includes requests 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:
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.
Due to the irregular shape of the existing properties and the location of
existing impervious surfaces practical difficulties do exist which warrant the
lot width, lot area, and impervious surfaces variances. The granting of
these variances will allow the property to realign the lot lines creating 3 lots
which have direct frontage on Shady Beach Trail.
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
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 realign the lot lines creating 3 lots which have direct
frontage on Shady Beach Trail and thereby bring the lots into greater
compliance with the City Zoning Ordinance. Current City Ordinance
requires properties to have direct frontage upon streets.
3. The granting of the proposed variance is necessary to permit the
reasonable use of the property involved.
The granting of the variances are necessary to permit reasonable use of
the property. Granting of the variances will allow the property to realign the
lot lines creating 3 lots which have direct frontage on Shady Beach Trail
rather than the existing situation of 2 "landlocked" residential lots with
easement access and 1 residential lot with direct frontage.
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 current irregular and "landlocked" lots result in the unique
circumstances to grant the variances.
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 impact the character and
development of the area. No structures on the lots are not proposed to be
relocated or removed at this time with the realignment of the lot property
lines.
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.
Conclusion
In conclusion, the applicant proposes to realign the existing property lines with
the objective to create separate driveways for the residences at 14185 and
14187 Shady Beach Trail. Separate driveways are desired for vehicular
access to single family residential properties when available due to less
conflicts and confusion of ownership and maintainence for shared driveways.
Also, current City Ordinance requires properties to have direct frontage upon
streets. The granting of the variances will allow for the creation of 3 lots which
have direct frontage on Shady Beach Trail rather than the existing situation of
2 "landlocked" residential lots with easement access and 1 residential lot with
direct frontage. Also, the combined preliminary and final plat will comply with
all relevant ordinance provisions and City standards, provided all the conditions
of approval are met including approval of the requested variances.
City Staff recommend approval of the variances as well as the combined
preliminary and final plat with the following conditions of approval for the plat:
1.The plat approval is subject to approval of variances from the minimum lot
width, minimum lot area, and maximum impervious surface.
2.The applicant shall record an access easement over Outlot A for the benefit
of the City to access the existing drainage and utility easement (Doc#113157
and Doc #117916).
3. Driveway areas that fall within 5 ft of the shared property line between Lot 1
and Lot 2 shall be removed.
4.The applicant must provide proof of installation of all subdivision
monumentation within one (1) year from the date of recording the plat, or
prior to issuance of a building permit, whichever occurs first.
5.The applicant shall obtain required permits from all applicable governmental
agencies prior to final plat approval.
6. The final plat shall be recorded at Scott County within 60 days of approval
by the City Council.
ALTERNATIVES: Two separate motions are required with this item:
Variances
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 any variance because the Planning Commission finds a lack of
demonstrated practical difficulties under the zoning code criteria.
Preliminary Plat
1. Recommend approval of the Combined Preliminary and Final Plat to the
City Council subject to any listed conditions as identified by the Planning
Commission.
2. Table this item to another Planning Commission meeting and provide the
developer with direction on the issues that have been discussed.
1. Recommend denial of the request.
RECOMMENDED 1. A motion and second to recommend approval of the variances as indicated
MOTIONS: in the attached resolution, subject to the listed conditions.
2. A motion and second to recommend approval of a Combined Preliminary
and Final Plat known as Hafdal Two, subject to the listed conditions.
EXHIBITS: 1. Resolution 13-XXPC
2, Location Map
3. Existing and & Proposed Map Exihibits
4. Hafdal Two Preliminary & Final Plat dated June 14, 2013
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U r,, 4646 Dakota Street SE
Prior Lake, MN 55372
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RESOLUTION 13-XXPC
A RESOLUTION APPROVING VARIANCES FROM THE MINIMUM LOT WIDTH, MINIMUM LOT
AREA, AND MAXIMUM IMPERVIOUS SURFACE REQUIREMENT
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Rich Hafdal is requesting variances to allow for the realignment of the existing property lines with the
objective to create separate driveways on property zoned R-1 (Low Density Residential) at the
following location, to wit;
14185 Shady Beach Trail NE, Prior Lake, MN 55372
25-930-044-0:
A tract of land in Government Lot 1, Section 30, Township 115 North, Range 21 West, Scott County, Minnesota, described as follows:
Commencing at a point on the East line of said Government Lot 1, distant 777.9 feet South of the Northeast corner thereof; thence
South 63 degrees 00 minutes West a distance of 552.9 feet; thence South 30 degrees 00 minutes Fast a distance of 81.0 feet; thence
North 70 degrecs 20 minutes East a distance of 100.0 feet to the actual point of beginning; thence continuing North 70 degrees 20
minutes East a distance of 100.0 feel; thence South 30 degrees 00 minutes East a distance of 130.0 feet more or less to the shore of
Prior Lake; thence Southwesterly along the said shore a disiance of I00.0 feet more or less to a point bearing South 30 degrees 00
minutes East from the actual point of beginning; thence North 30 degrees 00 minutes West a distance of 174.5 feet more or less to the
actual point of beginning.
A]so including all land between the Southeasterly boundary and the waters edg
aforementioned tract. e of Prior lake irnmediatcly abutting the
Together with an easement for a road over a strip of land having a centerline described as follows; Beginning at said point oil East
line of said Government Lot one (1), seven bundred seventy seven and nine tenths (777.9) feet South of the Northeast corner thereof,
thence South sixty-three (63) degrees no minutes West five hundred forty two and nine tenths (542,9) feet to the actual point of
beginning of said centerline; thence South thirty (30) degrees no mhtutes East Seventy four and eight tenths (74.8) feet on said
centerline having a width of ten (10) feet on each side of said centerline; thence North seventy (70) degrees twenty (20) minutes East
on said centerline one hundred twenty five (125) feet having a width of eight (8) feet on each side of said centerline and there
terruinatino_ Said road is to be shared with other persons to whom a like easement has been given and to whom a like easement will be
given
Plione 952.447.9800 / Fax 952.447.42451 IN-%vw.cityotpriorlake.com
14187 Shady Beach Trail NE, Prior Lake, MN 55372
25-930-045-0:
A tract of land in Govenunent Lot One (1), Section Thitty (30), Tovniship One Hundred Fifteen (115) North, Range Twenty-Qne (21)
West, Scott County, Minnesota, described as follows: Conunencing at a point on the Fast line of said Government Lot 1, distant 777,9
feet South of the Northeast corner thereof; thence South 63 degrees 00 minutes West a distance of 552.9 feet; thence South 30 degrees
00 minutes East distance of '8 1.0 feet to the actual point of beginning; thence North 70 degrees 20 minutes Fast a distance of 100.0
feet; thence South 30 degrees 00 minutes least a distance of 174.5 Feet n►ore or less to the shore of Prior lake; thence Southwesterly
along said shore a distance of 100.0 feet more or less to a point bearing South 30 degrees 00 minutes Fast frorn the actual point of
beginning; thence North 30 degrees 00 minutes West a distance of 218.0 feet more or less to the actual point of begian'uig_
Togethcr with a road easement over a strip of land having n centerline described as follows: Commencing at said point on the Fast
fine of Government Lot 1 distant 777.9 feet South of the Northeast corner thereof; thence South 63 degrees 00 minutes West a
distance of 542.9 feet to the actual point of beginning of said centerline; thence South 30 degrees 00 minutes East on said centerline
And having a width of I0.0 feet on either side, a distance of 74.8 feet; thence North 70 degrees 20 minutes ]vast on said centerline and
having a width of 8.0 feet on either side a distance of 90.0 feet and there terminating,
14183 Shady Beach Trail NE, Prior Lake, MN 55372
25-930-004-0:
A tract of ]and in Goverrmient Lot One, Section 30, Township 115 North, Range 21 West, Scott County, Minnesota, described as
follows: Commencing ata point on the East ]hie of said Government Lot One, distant 777.9 feet South of the Northeast corner thereof;
thence South 63 degrees 00 minutes West, a distance of 294.4 feet to the actual point of beginning; thence condRuin ; South 63 degrees
00 minutes West a distance of 258.5 feet; thence South 30 degrees 00 minutes East a distannce of 81.0 feet; thence North 70 degrees 20
minutes East a distance of 200.0 feet; thence South 30 degrees 00 minutes East a distance of 130.0 feet more or less to the shore or
Prior Lake; thence Northeasterly along said shore a distance of 30.0 feet, mole or less to a point on a line hearing Snuth 22 degrees 24
minutes East from the actual point of beginning; thence North 22 degrees 24 minutes west a distance of 237.2 feet to the actual point
of beginning.
2. The Board of Adjustment has reviewed the application for the variance as contained in Case #DEV -
2013 -0010 and held a hearing thereon on August 5, 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. Due to the irregular shape of the existing properties and the location of existing impervious surfaces
practical difficulties do exist which warrant the lot width, lot area, and impervious surfaces
variances. The granting of these variances will allow the property to realign the lot lines creating 3
lots which have direct frontage on Shady Beach Trail.
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 realign the lot lines creating 3 lots which have direct frontage on Shady Beach
Trail and thereby bring the lots into greater compliance with the City Zoning Ordinance. Current City
Ordinance requires properties to have direct frontage upon streets.
6. The granting of the variances are necessary to permit reasonable use of the property. Granting of
the variances will allow the property to realign the lot lines creating 3 lots which have direct frontage
on Shady Beach Trail rather than the existing situation of 2 "landlocked" residential lots with
easement access and 1 residential lot with direct frontage.
7. The current irregular and "landlocked" lots result in the unique circumstances to grant the variances.
8. The granting of the variances will not impact the character and development of the area. No
structures on the lots are not proposed to be relocated or removed at this time with the realignment
of the lot property lines.
9. A single family residential dwelling is an allowed use within the R-1 (Low Density Residential)
Zoning District.
10. The contents of Planning Case #DEV -2013-0010 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 to allow for the realignment of the existing property lines with the objective to create separate
driveways for the residences at 14185 and 14187 Shady Beach Trail, as shown on the Preliminary Plat
dated June 14, 2013:
Lot 1, Block 1, HAFDAL TWO
• Lot 1: A 4.2% variance from the 30% maximum impervious surface requirement for a residential
property in the Shoreland District (Section 1104.306)
Lot 2 Block 1 HAFDAL TWO
• Lot 2: A 1,696 sq. ft. variance from the required 15,000 sq. ft. minimum lot area for a riparian lot
in the R-1 District (Section 1104.302 (3))
• Lot 2: A 4.3% variance from the 30% maximum impervious surface requirement for a residential
property in the Shoreland District (Section 1104.306)
Lot 3, Block 1, HAFDAL TWO
• Lot 3: An 30 foot variance from the required 75 foot minimum lot width for a riparian lot in the R-
1 District. (Section 1104.302 (3))
The variance is subject to the following conditions:
The plat approval is subject to approval of variances from the minimum lot width, minimum lot area,
and maximum impervious surface.
2. The applicant shall record an access easement over Outlot A for the benefit of the City to access
the existing drainage and utility easement (Doc#113157 and Doc #117916).
3. Driveway areas that fall within 5 feet of the shared property line between Lot 1 and Lot 2 shall be
removed.
4. The applicant must provide proof of installation of all subdivision monumentation within one (1)
year from the date of recording the plat, or prior to issuance of a building permit, whichever occurs
first.
5. The applicant shall obtain required permits from all applicable governmental agencies prior to final
plat approval.
6. 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 August 5, 2013.
Tom Roszak, Commission Vice Chair
ATTEST:
Dan Rogness, Community & Economic Development Director
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