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Home My WebLink About4C 3456 Twin Island Circle Agenda Report 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: SEPTEMBER 8, 2015 AGENDA #: 4C PREPARED BY: JEFF MATZKE, PLANNER PRESENTED BY: JEFF MATZKE PUBLIC HEARING: YES AGENDA ITEM: CONSIDER A REQUEST FOR APPROVAL OF A VARIANCE FROM THE MINIMUM LAKESHORE STRUCTURE SETBACK FOR A PROPERTY ON TWIN ISLAND DISCUSSION: Introduction Dale Chard, the property owner, is requesting a variance from the minimum lake setback on a property located at 3456 Twin Island Circle. The property is located along the northeastern shore of Twin Island on Upper Prior Lake. The property is currently vacant. The following variance is requested: • A 45 foot variance from the required minimum 100 foot structure setback from the Ordinary High Water (OHW) elevation of Prior Lake (Section 1104.309). Regulation Requirement Proposed Variance Lake Setback 100’ 55’ 45’ History 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 prop- erty is currently vacant. Current Circumstances The applicant proposes to construct a 1 story cabin onsite with a 672 square foot footprint. The area of the property is 14,851 square feet in total area above a 904 eleva- tion. The applicant proposes a new cabin that would be 55 feet from the 904 elevation of the lake. This 55 foot setback distance is similar to the lake set- back of other cabins immediately west of the property. On the mainland areas within the City of Prior Lake the lake setback requirement may be averaged to as short as 50 feet using the setbacks of nearby homes/cabins however that ordinance provision is not included in the Island Development section of the Ordinance. Instead, a 100 foot setback requirement is listed in the Ordinance. ISSUES: This project includes a request for a variance. Section 1108.400 states that the Board of Adjustment may grant a variance from the strict application of the pro- visions of the Zoning Ordinance, provided that: 2 • 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 chosen a building location which minimizes clearing of natural vegetation and grading impacts to the site, both of which are en- couraged under the Island Development Ordinance (Section 1104.309). • 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 variance as requested would allow the applicant to construct a reasonable residential cabin plan on the site in an orderly fashion within the confines of the upland area of the property. • 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. The 55 foot setback distance is similar to the lake setback of other cabins immediately west of the property. • 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 cabin is an allowed use on Twin Island 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. Therefore, City Staff recommends approval of the requested variance subject to the following conditions of approval: • The variance resolution shall be recorded at Scott County. An acknowledged City Assent Form, shall be submitted to the Community & Economic Development Department prior to the issuance of a build- ing permit. ALTERNATIVES: 1. Motion and a second to approve a resolution approving the requested vari- ance for 3456 Twin Island, or any variance the Planning Commission 3 deems appropriate in these circumstances. 2. Motion and a second to table or continue discussion of the item for specific purpose. 3. Motion and a second to deny the variances because the Planning Commis- sion finds a lack of demonstrated practical difficulties under the zoning code criteria. RECOMMENDED MOTIONS: Alternative #1 ATTACHMENTS: 1. Resolution 15-XXPC 2. Location Map 3. Survey dated 6/16/15 4. Applicant narrative stamp dated 8/14/15 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 15-XXPC APPROVAL OF A VARIANCE FROM THE MINIMUM LAKESHORE STRUCTURE SETBACK FOR A PROPERTY ON TWIN ISLAND Motion By: Second By: WHEREAS, The Prior Lake Planning Commission, acting as the Board of Adjustment conducted a public hearing on September 8, 2015, to consider a request from Dale Chard to approve a variance from the minimum lake setback to allow construction of a cabin on a property in the R-1 (Low Density Residential) Zoning District at the following property: 3456 Twin Island Lot 26, Twin Isles, Scott County Minnesota. (PID 25-100-018-0) 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- 2015-001019 and held a hearing thereon on September 8, 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 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. The applicant has chosen a building location which minimizes clearing of natural vegetation and grading impacts to the site, both of which are encouraged under the Island Development Ordinance (Section 1104.309). 2 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 variance as requested would allow the applicant to construct a reasonable residential cabin plan on the site in an orderly fashion within the confines of the upland area of the property. c. 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. The 55 foot setback distance is similar to the lake setback of other cabins immediately west of the property. d. 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 seasonal cabin which is an allowed use on Twin Island 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 a cabin in the R-1 (Low Density Residential) Zoning District: a. A 45 foot variance from the required minimum 100 foot structure setback from the Ordinary High Water (OHW) elevation of Prior Lake (Section 1104.309) 4. The variances are subject to the following conditions of approval: a. The variance resolution shall be recorded at Scott County. An acknowledged City Assent Form, shall be submitted to the Community & Economic Development Department prior to the issuance of a building permit. PASSED AND ADOPTED THIS 8th DAY OF SEPTEMBER, 2015. _______________________________ Perri Hite, Commission Chair ATTEST: _________________________________ Dan Rogness, Community & Economic Development Director VOTE Hite Blahnik Fleming Larson Petersen Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ 3456TwinIslandCircle Variance Location Map SUBJECT PROPERTY TWIN ISLAND CIRNW 3413 Ü065130260 Feet