HomeMy WebLinkAbout4C - 14590 Oakland Beach Variance (2)MEETING DATE: JUNE 17, 2013
AGENDA #: 4C
PREPARED BY: JEFF MATZKE, PLANNER
PUBLIC HEARING: YES
AGENDA ITEM: CONSIDER A REQUEST FOR APPROVAL OF VARIANCES FROM THE MIN-
IMUM FRONT YARD AND MINIMUM BUILDING SEPARATION FOR A
PROPERTY IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT
DISCUSSION: Introduction
Wayne Mosey, the property owner, is requesting variances from the minimum
front yard setback and minimum building separation on a property located at
14590 Oakland Beach Avenue. The property is located on the eastern shores of
Lower Prior Lake, southwest of Rustic Road. The site is currently vacant. The
following variances are requested:
A 12.6 foot variance from the required minimum 20 foot front yard set-
back using the average front yard setbacks of the adjacent properties
(Section 1102.405 (5))
A 4.5 foot variance from the minimum 15 foot separation between all
structures on the nonconforming lot and on the adjoining lot. (Section
1101.502 (7)).
Current Circumstances
The property is zoned R-1 (Low Density Residential), and is guided R -LD (Urban
Low Density) on the 2030 Comprehensive Plan Land Use Map.
The applicant proposes to construct a new home and attached garage onsite with
a 2,356 sq. ft. footprint. The property is 60 feet in width and 9,224 square feet in
total area above the high water mark of Prior Lake (904.0 elevation) thereby mak-
ing the property a nonconforming lot by width and area standards. The applicant
proposes a house that is 44 feet in width at its maximum and will meet the total
15 foot minimum sum of the side yards requirement as well as the minimum 75
foot lake setback and maximum 30% impervious surface requirements.
Front Yard Variance — The property owner requests a variance from the average
front yard requirement of 20 feet. While the proposed front yard setback is indi-
cated at 7.4 feet to the front property line, the actual private street (Oakland
Beach Avenue) is over 40+ feet from the front of the proposed house. This is
because the existing street is located east of the platted roadway area. Other
structures (garages and homes) north of this property exist in the platted roadway
area and would need to be eliminated prior to any realignment of the roadway.
Also the road is a private street and therefore the responsibility of relocating the
roadway would likely require collective approval from the area residents.
Building Separation Variance — The property owner requests a variance from the
minimum 15 foot building separation. A detached garage on the north adjacent
property is located 4.6 feet from the shared side property line. This existing gar-
age currently encroaches on the platted roadway area, therefore it would likely
be removed/relocated in the future if the lot to the north were to be reconstructed.
The survey also indicates a window well encroaching within the side yard setback
which by ordinance would not be allowed within 5 feet of the side property line.
ISSUES: This project includes a request for two 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. This
residential property has some unique characteristics including the narrow
and small size of the property as well as the location of the private road-
way (Oakland Beach Avenue) outside of the platted roadway area.
Granting of the front yard setback variance would allow the house to still
be located over 40+ feet from the current roadway as it is traversed. Also
the proximately of the detached garage on the adjacent property at 4.6
feet from the shared property line results in a practical difficulty for use of
the property in a reasonable manner.
(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 appropri-
ate and orderly development of the residential, business, industrial, public
land and public areas" and "enhance the aesthetic character and appear-
ance 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 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 fake
home as well as the location of the private roadway (Oakland Beach Ave-
nue) outside of the platted roadway area and the nonconforming location
of a garage on the adjacent property to the north.
(4) 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.
(5) 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
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. However, as the identified window well cannot encroach within 5 feet of
the property according to City Ordinances, City Staff has placed a condition of
approval that the window well as identified on the survey be removed prior to
building permit issuance. The window could be relocated to another part of the
house or a possible lookout area could be established for egress out of the house
near this location. Therefore, City Staff recommends approval of the requested
variance 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.
2. The window well indicated on the proposed survey shall be relocated
or removed to meet the City Ordinance requirements.
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
demonstrated practical difficulties under the zoning code criteria.
RECOMMENDED City Staff recommends Alternatives #1.
MOTIONS:
EXHIBITS: 1. Resolution 13 -XX
2. Location Map
3. Survey dated 5-13-13
I
A RESOLUTION APPROVING VARIANCES FROM THE FRONT YARD AND MINIMUM BUILDING
SEPARATION FOR A PROPERTY 1N 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. Wayne Mosey is requesting variances from the Zoning Ordinance allow for the construction of a
single family residential dwelling on a property in the R-1 (Low Density) Zoning District at the
following location, to wit;
14590 Oakland Beach Ave NE, Prior Lake, MN 55372
Lot 10 and the South Half of Lot 9, Oakland Beach, SCOTT COUNTY, MINNESOTA
PID 25-115-006-0
2. The Board of Adjustment has reviewed the application for the variance as contained in Case
#DEV2013-1015 and held a hearing thereon on ,June 17, 2013.
3. The Board of Adjustment has considered the effect of the proposed variances 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.
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 as well as the
location of the private roadway (Oakland Beach Avenue) outside of the platted roadway area.
Granting of the front yard setback variance would allow the house to still be located over 40+ feet
from the current roadway as it is traversed. Also the proximately of the detached garage on the
adjacent property at 4.6 feet from the shared property line results in a practical difficulty for use of
the property in a reasonable manner.
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 within the confines
of the center of the property.
6. 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 as well as the location of the private roadway (Oakland Beach Avenue)
outside of the platted roadway area and the nonconforming location of a garage on the adjacent
property to the north.
Phone 952.447.9800 / Fm 952.447.4245 / wwwAtyofpdorlake.com
7. 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.
S. A single family residential dwelling is an allowed use within the R-1 (Low Density Residential)
Zoning District.
9. The contents of Planning Case #DEV2013-1015 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 construction of a single family residential dwelling on a property in the R-1 (Low
Density) Zoning District:
• A 12.6 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 4.5 foot variance from the minimum 15 foot separation between all structures on the
nonconforming lot and on the adjoining lot. (Section 110 1. 502 (7))
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.
2. The window well indicated on the proposed survey shall be relocated or removed to meet the
City Ordinance requirements
Adopted by the Board of Adjustment on June 17, 2013.
Tom Rosak, Acting Commission Chair
ATTEST:
Dan Rogness, Community & Economic Development Director
I I
BUILIJING PERr1IIT SURVEY PREPARET FOR •
KA.rNI.r.'' ffoSE'Y
15424 49MMOALE AVENbre SF
PRIOR LAME, MN 55372
(952) 440-4334------------------------------
ECII
r
1
uNG lSE
E P b5f
(j
� i 4
v
j D
Pi{
87j-
v
o f�
�4 �zC)
A
J .t t IMC)
ISLlsrV. 9028
�ood on
4 y t oa �
I
f-------------7-
! — ; _,
-ryN
a 1 . r7�, r��acr•
,
M UNE OF GovHOUSE
b �
1 �
f '
i
-
20 0 10 20
111111 M 111111
Scale En Feet
® DENOTES IRON MONUMENT FOUND
O DENOTES IRON MONUMENT SET AND MARKED
BY MINNESOTA LICENSE NO.42309
771
' 65#
: : Valle AS"ur�ve zn Co. P.14.
GARAGE a
Land Surveyors pFaxe 452) 447952) 725710 16670 Franklin te 3Qait SE.
: planners t Prior Lake, Whaesofa 55372
NGust ' \ it
3
PROPERTY DESMP710N AS PROYIDED.,
Let 10 and the South Half of Lot 9, OAKLAND DEACH, Scott County, Minnosoto.
m
GARAGE ! 1
f :t mi{y IQS 5 - NOTES: Henchmark Ermtton 915.02 top of I.M. 0 SE`ly property corner
j- �i`100'29 -
hMPERMOUS SURFACE CALCULATIONS
Plotted Property Area - 6,005 sq.it.
Adjacent Water Front Property Arco to etev. 904 = 3.219 sq.ft.
Total Arco used for imperVms surface calculations = 9,224 sq.ft. (30% = 2,767 sq.ft.)
Proposed house/gorGga (Incdrtdes stoop Lt covered deck) =2,356 sq.it.
ProposeC driveway = 243 sq.TL
Total Proposed Impervious Surface - 2,599 sq.ft. (28.2,)
—ars— Denotes existing elevation contour
—915— Denotes proposed elevation contour
Dmotte proposed retaIn55g wan
(904.5) Denotes proposed grade spot elevation
—P Denotes proposed direction of finished surface dratnoge
Set the proposed garage slab at devotion 911)L60
Set the proposed lap of block at elevation 918.43
The lowost floor clmtfon V% De 910.00
***CONTRACTOR TO VERIFY HOUSE DIMENSIONS PR[OR TO CONSTRUCTION***
SURVEYOR'S NOTES:
1. This survey is based on on existing Valley Surya(Ag Co., RA, survey dated Juno 23. 2004.
No current fie:d work roe performed In the preporo lon of this survey to verify the topogrophy
as shown hereon.
2. eenaimark Elevation 915.02 top of I,M. 0 S; -7%y property comer os shown hereon.
3. No title work was fumished for the preparation of this survey to verify ownership, the legol
description, or the eAstenca of any easements or encumbrances -
NOTE. ALL FIELD DATA FROM WORK COMPLETED ON
6/23/04. NO CURRENT FIELD WORK HAS BEEN
PERFORMED.
I hereby certify thot this Building Permit Survey wos
prepared by me or under my direct supervision and
that I am o duly Licensed Lond Surveyor under the
laws of the Stote of Minnesota.
f r .
IAN Gia. No. 42309W' -
Dated this 13th of may 2013
FILE NO. 9214 BOOK 236 PAGE 6
rurr_ r. rnumr roos.r_srnccv_oa nor
r
U A K 1 A it 0
uNG lSE
E P b5f
v
j D
Pi{
1
v
o f�
-s-!ijF/1q0.T plat , 100.27 ' eae_.
M UNE OF GovHOUSE
E
2�-Z�
hMPERMOUS SURFACE CALCULATIONS
Plotted Property Area - 6,005 sq.it.
Adjacent Water Front Property Arco to etev. 904 = 3.219 sq.ft.
Total Arco used for imperVms surface calculations = 9,224 sq.ft. (30% = 2,767 sq.ft.)
Proposed house/gorGga (Incdrtdes stoop Lt covered deck) =2,356 sq.it.
ProposeC driveway = 243 sq.TL
Total Proposed Impervious Surface - 2,599 sq.ft. (28.2,)
—ars— Denotes existing elevation contour
—915— Denotes proposed elevation contour
Dmotte proposed retaIn55g wan
(904.5) Denotes proposed grade spot elevation
—P Denotes proposed direction of finished surface dratnoge
Set the proposed garage slab at devotion 911)L60
Set the proposed lap of block at elevation 918.43
The lowost floor clmtfon V% De 910.00
***CONTRACTOR TO VERIFY HOUSE DIMENSIONS PR[OR TO CONSTRUCTION***
SURVEYOR'S NOTES:
1. This survey is based on on existing Valley Surya(Ag Co., RA, survey dated Juno 23. 2004.
No current fie:d work roe performed In the preporo lon of this survey to verify the topogrophy
as shown hereon.
2. eenaimark Elevation 915.02 top of I,M. 0 S; -7%y property comer os shown hereon.
3. No title work was fumished for the preparation of this survey to verify ownership, the legol
description, or the eAstenca of any easements or encumbrances -
NOTE. ALL FIELD DATA FROM WORK COMPLETED ON
6/23/04. NO CURRENT FIELD WORK HAS BEEN
PERFORMED.
I hereby certify thot this Building Permit Survey wos
prepared by me or under my direct supervision and
that I am o duly Licensed Lond Surveyor under the
laws of the Stote of Minnesota.
f r .
IAN Gia. No. 42309W' -
Dated this 13th of may 2013
FILE NO. 9214 BOOK 236 PAGE 6
rurr_ r. rnumr roos.r_srnccv_oa nor