HomeMy WebLinkAbout4A 6430 Conroy Street NE Variance C7�a PRIp�
u 4646 Dakota Street SE
Prior Lake. MN 55372
x�vNES
PLANNING COMMISSION AGENDA REPORT
MEETING DATE: AUGUST 17, 2015
AGENDA#: 4A
PREPARED BY: JEFF MATZKE, PLANNER
PRESENTED BY: DAN ROGNESS, COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR
PUBLIC HEARING: YES
AGENDA ITEM: CONSIDER A REQUEST FOR 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) ZON-
ING DISTRICT
DISCUSSION: Introduction
Behr Design, on behalf of the owner, is requesting variances from the minimum
lake setback, minimum front yard setback, minimum sum of the side yard set-
backs, minimum building separation, minimum lot area, and maximum impervi-
ous surface on a property located at 6430 Conroy Street. The property is located
along the northern shores of Lower Prior Lake, south of Greenway Avenue, and
west of Shady Beach Trail. The property currently contains a single family home.
The following variances are requested:
• A 9.9 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 14.7% variance from the 30% maximum impervious surface re-
quirement for a residential property in the Shoreland District (Section
1 104.306 & Section 1104.902 (1))
• A 22 foot variance from the required minimum 50 foot structure set-
back from the Ordinary High Water (OHW) elevation of Prior Lake
using the average lake setbacks of adjacent properties (Section
1104.308).
• A 4.6 foot variance from the minimum 15 foot separation between all
structures on the nonconforming lot and on the adjoining lot to the
east. (Section 1101.502 (7)).
• A 4.9 foot variance from the minimum 15 foot separation between all
structures on the nonconforming lot and on the adjoining lot to the
west. (Section 1101.502 (7)).
• A 4 foot variance from the minimum 15 foot sum of the side yard re-
quirement (section 1101.502 (7))
• An 3,098 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))
History
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 property
currently contains a single family home (cabin) which was constructed in 1946
and a boat house which currently has a building permit for reconstruction.
Current Circumstances
The applicant proposes to construct a new 2-story home with walkout basement
and attached 2-car garage onsite with a 1,577 sq. ft. footprint.
The property is 55 feet in width and 4,402 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 38.33 feet in width at its maximum but will remain over 5 feet from both
side property lines (with the exception of the proposed egress window pit). Also,
the applicant proposes to place the house 10 feet from the front property line
and 28 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 44.7% 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 family
dwelling, this property currently contains a single family structure and 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 seven20*35 variances. Section 1108.400
states that the Board of Adjustment may grant a variance from the strict applica-
tion 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.
It appears practical difficulties exist for the applicant in this case. This
residential property has some unique characteristics including the nar-
row 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 700 square feet with an impervious surface area of 1,320
sq. ft. It does not appear practical to construct a reasonable lake home
within these limitations.
• 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.
• 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 1,577 sq. ft. proposed footprint for the structure is a reasona-
ble-sized lake home given the size, shape, and lot constraints of the
property.
• 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.
• 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.
• 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
While the City Staff believes the variances requested are warranted due to the
lot constraints unique to the property and practical difficulties as stated above
in the findings, the City does provide the following comments in regards to the
request:
• The applicant shall consider relocation of the window egress pit along
the western property line so as to ensure proper storm water drainage
along the side property line.
• Runoff volumes and rates should not be increased on adjacent proper-
ties as a result of construction. Techniques that may be used to ad-
dress this requirement could be swales, drain tile/downspout connec-
tions, etc. A plan showing both pre- and post-construction site drainage
characteristics should be submitted along with the building permit.
• As has been required recently in a similar variance request, storm water
mitigation could be considered for this site to address the proposed im-
pervious surface variance request. Mitigation techniques that could ad-
dress the increased impervious surface (that portion exceeding the 30%
requirement, or runoff from about 649 square feet) include raingardens
and shoreline buffers, although the design of these storm water fea-
tures must be site-specific and effective techniques for this site would
need to be determined by the applicant's engineer. If storm water miti-
gation is required, a storm water report detailing the proposed storm
water mitigation would be needed. A monitoring and maintenance
agreement would be needed for any required storm water mitigation im-
provements constructed on the property.
• An erosion and sediment control plan is needed with the building permit
to illustrate how the lake will be protected during construction (i.e. —silt
fencing).
The Planning Commission may want to consider some of these comments as
conditions of the variance request and incorporate them into the resolution.
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 15-XXPC
2. Location Map
3. Survey dated 7-31-15
4. Conceptual Building Plans stamp dated 7-24-15
rRt°!P
U ,
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 15-XXPC
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
Motion By: Second By:
WHEREAS, The Prior Lake Planning Commission, acting as the Board of Adjustment conducted a public hearing on
August 17,2015,to consider a request from Behr Design,on behalf of the property owner, Robert Walsh,
to approve 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
to allow construction of a single family dwelling on a property in the R-1 (Low Density Residential)Zoning
District at the following property:
6430 Conroy Street NE, Prior Lake, MN 55372
Legal Description:
Lot 50, Conroy's Bay, Scott County, Minnesota according to the plat thereof on file and of record in the
office of the Register of Deeds in and for Scott County, Minnesota; and also all that part of Lot 49,
Conroy's Bay, Scott County, Minnesota, according to the plat thereof on file and of record in the office
of the Register of Deeds in and for Scott County, Minnesota, described as follows:
Commencing at a point 5 feet Southwesterly from the Northeasterly corner of Lot 49 Conroy's Bay and
lying on the Northwesterly line of said Lot 49;thence running Southeasterly through a point whose
coordinates are 96 feet Southeasterly from said Northeasterly corner of said Lot 49 measured along
the Northeasterly line of said Lot 49 and 2 feet Southwesterly therefrom measured along the
Southeasterly line of Lot 49, to the water's edge'of Prior Lake, thence Northeasterly along said water's
edge to the intersection with said Northeasterly line of Lot 49 as extended to the water's edge of Prior
Lake;thence Northwesterly along said Northeasterly line to the Northeast corner of Lot 49; thence
Southwesterly along the Northwesterly line of said Lot to the point of beginning.
(PID 25-114-012-0)
WHEREAS, Notice of the public hearing on said variance request was duly published in accordance with the
applicable Prior Lake Ordinances; and
WHEREAS, The Planning Commission proceeded to hear all persons interested in this variance request,and persons
interested were afforded the opportunity to present their views and objections related to the variance
request; and
WHEREAS, The Planning Commission has reviewed the application for the variance as contained in Case#DEV-
2015-001013 and held a hearing thereon on August 17, 2015; and
WHEREAS, The Planning Commission 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
1
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
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The Planning Commission hereby adopts the following findings:
a. 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 property which could be utilized without approval of variances from the lake,front, and side yard
setbacks, and impervious surface maximum is approximately 700 square feet with an impervious
surface area of 1,320 sq.ft. It does not appear practical to construct a reasonable lake home within
these limitations.
b. The granting of the Variances are 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
construct a reasonable residential lake home plan on the site in an orderly fashion within the confines of
the center of the property.
c. 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.
d. The granting of the variances 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.
e. The granting of the Variances will not result in allowing any use of the property that is not
permitted in the zoning district where the subject property is located.
The requested variances would allow construction of a residential dwelling which is an allowed use within
the R-1 (Low Density Residential)Zoning District.
3. Based upon the findings set forth herein, the Planning Commission hereby approves the following variances
to allow a construction of retaining walls and a house addition in the R-1 (Low Density Residential) Zoning
District:
a. A 9.9 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 14.7% 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 22 foot variance from the required minimum 50 foot structure setback from the Ordinary High Water
(OHM elevation of Prior Lake using the average lake setbacks of adjacent properties(Section 1104.308).
2
d. A 4.6 foot variance from the minimum 15 foot separation between all structures on the nonconforming lot
and on the adjoining lot to the east. (Section 1101.502(7)).
e. A 4.9 foot variance from the minimum 15 foot separation between all structures on the nonconforming lot
and on the adjoining lot to the west. (Section 1101.502(7)).
f. A 4 foot variance from the minimum 15 foot sum of the side yard requirement(section 1101.502(7))
g. An 3,098 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))
4. The variances are subject to the following conditions of approval:
a. This resolution shall 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.
PASSED AND ADOPTED THIS 17TH DAY OF AUGUST, 2015.
VOTE Hite Blahnik Fleming Larson Peterson
Perri Hite,Commission Chair
Aye El El F-1 F-1 ❑
Nay ❑ ❑ ❑ ❑ ❑ ATTEST:
Abstain ❑ ❑ ❑ ❑ ❑ Dan Rogness,Community&Economic Development Director
3
PRELIMINARY z I
NOT FOR CONSTRUCTION z d
4�
(FOR BIDDING PURP05E5 ONLY)
mJ�
U
er Levei C,
la
FITI
m
O z
mer Level 115 //&� /
—Mael Level Uq /� F}�
ir3 s/e—•V �% �U,/^� �o
Y! L
J 2
W` 0-
EF-11
❑❑❑ ❑111 ❑❑❑ -
❑ ❑ ❑ ❑
3. r Maln Lavel Floor ❑
Li ❑ ❑❑1 o ❑
barage PI r /� �� ❑ ❑
n 2 Front Elev (East) ❑ ❑
wi 1/4•=Pb•
1=1 (-III-III-III-1�1=1'1=111111-1:11�11111�11�11�11�11�1=11 I�II�II�IIIII
I-1 11=I I 11=1 11=1_I I 1 _ _
11=1 11=1 I�I 11=1 I=1 =1 I 1:1,1—III—I 11-1i'_I Ir
11=1�1=1 I I—I I I I I II I II i ii I�I I II�j II 11=1 I I �
I I�I 11=1 11=1 11=1 11=1(I I I I III I II 1 1 1 1 1 1 11 I I I II i I I I I�_I 11=1 11=1 11=1 I I—III—I 11—I(I i I II I Ii I II(I I I I
I II STII I III I I I LI I II I I�I I 1=1 11=1 I l=1 11=1TI=1 I
11=III-I=III=III-I I f=lel�I I II� III I l liul
111 MEf-11
=1 I I—�1 I I 1=1 11=1 11=1 I1=1 I I—I I I_11011
=1 I I—III—III—I I1-1I�I 11-x—11-1 I=— - - -
\
I I=1 11=1 I�I 11=1 I I—III—I_I 1=W=1-1 1 11-11 I—III—III—I I I_I I m
III—I
=1 11=1 I�I I_I I I—I I I_I 11=1 I I—I i t—I I—III—III—III—i_
I I I�I I II I I-111=1T_I=1 11=1 11=1 I I_I I I _
—— — — — — — — —--4-er Lev"161,1—&
l Gg &
20'-171/4• 1
® ® 3 Front 3d
FF—
_ _ — — — Uvner Level Floor
1Y-10 1/8
tta a/e•V
— Mein Level Floor
—Basement Lav_eI�GI�_p 5
'IVT V Y
JUL 2 4 2015
By 5HEET NO.
n Right Side Elev (North) Alcro
� z
tZ9 A
00
mLevel Gg_
i/4'
M FM
"ll IM11 4 1 1111
Upper Level Floor
7 11., - — l Fil
�M_a_lnLevet Glg_ _ O Z
Ql
V@
i Ln
01 TIEF ❑ ❑
ii W 2
l Floor - _ - ILrl
,;�ent Level Gig-
—]IEE1
ISI!HIrICI all J�II y I��I�II
II .c HiC1j �IH I AGI
�j�j�IHIHI�IFalkli �,� IGIC!I`��' IIH_ IIH I
Basement Level Flr-
H!-11p !�!I
1"a Y II I ! 7i ti
�I�II ��IHull%!
r-i H!�����1j��I�I�IHI ljj�l IF I�,�i1�=CIG I�IiHI
I1=1 I1=1I 1=1I 1=1 I ISI I I-1I�I I I—I_I I-1!I-1I-1I I-1 I I-1 I I-1 I�I I I—III-1 I I-1 I
C
I-1I I-1 I I-1 I f-1
nRear Elev (West) _ — �GICII
N
L
t
a1
CIO-
Rear
/ 3 Rear 3d
I 2(Y�-11 V4'
JUL 2 4 2015
Upper Level Floor
Mafn Level G� - By
S
H
❑ sarne:cuM �
11111111 MOHR
_ Maln 1-1 Level Floor _
'entLevelu _ _ _ _ — _ — _ _ _ __ — ----- PRELIMINARY
Sia =
*y2fYdrdge Floor _ — Ga�a9=F��° NOT FOR CONSTRUCTION A
(FOR BIDDING PURP05E5 ONLY) 5NEET NO.
Left Side Elev (south)
1/4'=1'-0" A2
0¢6eWL'mna
Basement Level Pmlr� L -— - —- — - — -— -— - — - — -— --
z
v
----------------------
LAI
VI m E
a�—
e
y
m
v
yy VV
I 1
1
1
I
I
Oz
00 �
2 �
m
V//� _
Ln L
REG ROOM p W .o
LiR�_rF�.Fr�r
L 11
8 ealrr F I
1 1 1 1 1 1
7ti i i i i i
V
C EDROOM "• � .' .. �
1
-- E OJ
i
L
Z
BATH
m
STORAGE
LLJJ
Y
JUL 24 2015
By
r,--,BaSement Level Flr NQTES�,
1/4"=1'-O" 1J ALL BR6.H5kDER5 ARE TO BE(Z)-2t10 UNLESS NOTED Ono4lSE(uNO).
2.)OVNER/CONTRACTOR TO VERIFY ALL V6400A t DOOR 512ES. qw
3.)OMER/CONTRACTOR TO SPEC.ALL FLOORING MATERA.L.
4J OVNER/CONTRACTOR TO VERIFY ALL DIMENSIONS. 8<£
SJ ALL ERIS VLV..L.VIINDOA t DOOR OFN65 VLDER THAN b0'REWRE(2) 7 t
TRIMMER5 MN.UNDER Eh SIDE OF HEADER- 3°
6.)(FL)-FLUSH BEAM,(OR)DROPPED BEAM milli
-IJ ALL HEADERS ARE DROPPED UNLESS NOTED(FL)
B.)USE ENERGY HEEL HEI6HT ON ROOF TRUSSES. 3 O
PRELIMINARY r DSHEETNOT FOR GON5TRUGTION(FOR BIDDING PURP05E5 ONLY)
V z f
� E
Q�
CLW
~�
w�
c�µ�
m: w 41
b u
q U
v
DMING /�
� O z
1
e '
- -----------------------------------i
I I �/�
U Y
I
cn L
1 1 'AYIFY
J �
S LIVING ROOM
c
---------------
-------------------
1
r r
1 O
r r
i KITCHEN
� I r reHo
3
t I
Yd'/<' 3-f11Y
a
I
S
R
Y
6ARAGE
CU
cu
POYEft T
x'a5vr o.srffiaxax
_______ i
PWDR 1 m
0 1
g 1 r
1 1
1 1
1
r
r
9 i i
S - 5Gt2' 1
JUL 24 2015
u-5ve
By
-
631R'
,Main Level Floor
vxrr 5 �.se,x 1.)ALL BR6.HEADERS ARE TO BE(2)-2x10 UNLESS NOTED OTHERMSE&NO).
+r_ml+�rEr.m-sxr 2.)OYN[R/LONTR TOR TO VERIFY ALL MDOW t DOOR SIZES.
3.)O/NER/GONTRA TOR TO SPEC.ALL FLOORBI6 MATERW-..
f ea>aer�r=5rc sxrt
4)CVNER/GONTRACTOR TO VERITY ALL DIMENSMS. bbb
5.)ALL BR6 WALL VCKDON 1 DOOR OPN6'S ViDER THAN 60'RELWFZ(2) k
TRIMMERS MM.UNDER EA SIDE OF HEADER. m 2
3
6J(FL)-FLU5H BEAM.(DR)DROPPED BEAM
7J ALL HEADERS ARE DROPPED UNLE55 NOTED(FL) q y
8.)UE5E ET•ER&Y HEEL HEIGHT ON ROOF TRLK,E5.
PRELIMINARY
NOT FOR GONSTRUGTION SHEET NO.
(FOR BIDDING FURFOSES ONLY) A4
Ma:�Fica'Play
z
u
2 q�
6 J
�� Q i=
awyyyF_
^\ UO
Va
9-•td• 3-K VS
NC
aY
FYI p i
U o
inW
II
MA5�ER 1 I/ \ { MASTER
i 5
BA i BEDROOM
C 4
i
L __J
I
MASTER I
CLOSET 1
I i
Y-,va 9-T y.• L-------------- BATH °. '" S V
aa � r
----------------
Ln
cu
I L CL
s
cu
x m
h h
LAUNDRY
BEDROOM#3 BEDROOM#2
s EJUL24 2015 - --�
u
n Upper Level Floor
ws 1/4'=P-0" NOTES,'
1.)ALL.5R6.HEADERS ARE TO BE(2)-2x10 ALE55 NOTED OTHER45E(UNO).
2.)OVNER/GONTKAGTOR TO VERIFY ALL WNDOW t DOOR 517E5.
5.)OMER/OONTRACTOR TO SPEC.ALL FL.00RM6 MATERIAL.
4.)OMER/CONTPW TOR TO VERIFY ALL DMENS'.ON5. Q tl
SJ ALL BR&WWALL NDON i DOOR OPN6.5 mm THAN 60'REOURE(2) n s 4
TRIMMERS MMID
.UNDER EA SE OF HEADER.
6.)(FL)-FLU5H BEAM.(DR)DROPPED BEAM a z t
T.)ALL HEADERS ARE DROPPED UNLE55 NOTED(FL) m
8.)USE ENER6Y HEEL HEIGHT ON ROOF TRWeES.
AY
PRELIMINARY C
SN7NO.
NOT FOR CONSTRUCTION ,�5
(FOR BIDDING PURP05E5 ONLY) Iqe FlooTPlan