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Home My WebLink About4E 14640 Oakland Beach Ave Agenda Report 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: SEPTEMBER 8, 2015 AGENDA #: 4E 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 IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT DISCUSSION: Introduction Highmark Builders, on behalf of the owner, Chris Dahl, is requesting a variance from the minimum lake setback on a property located at 14640 Oakland Beach Avenue. The property is located along the shore of Lower Prior Lake, north of Seven Acres Street. The property is currently vacant. The following variance is requested: • A 50 foot variance from the required minimum 75 foot structure set- back from the Ordinary High Water (OHW) elevation of Prior Lake (Section 1104.302 (4)). Regulation Requirement Proposed Variance Lake Setback 75’ 25’ 50’ 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 new 2-story home and attached 3-car garage onsite with a 5,159 square foot footprint. The gross area of the property is 84,781 square feet with 38,899 square feet in total area above a 904 elevation. It was determined by the DNR that the area of the pond (as identified on the survey) is hydrologically connected to Prior Lake thus creating the requirement of 75 feet from the 904 elevation of the pond as well as the main lake. However, the DNR also recognizes the possi- ble need for a variance from the 75 foot lake setback requirement from the pond area do to the limited buildable area which the setback creates. The applicant proposes a new house that would be 25 feet from the 904 eleva- tion of the interior pond/lake but does maintain over a 100 foot setback dis- 2 tance from the 904 elevation bordering the main part of Prior Lake. This 100 foot setback distance is similar to the lake setback of other houses along Oak- land Beach Avenue in the neighborhood. 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: • 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 pond and lake features that minimize the buildable area of the property to a linear area averaging approximately 30 feet in depth. The variance would allow for the home to be placed at least 25 feet from the 904 ele- vation surrounding the pond while the home would be over 100 feet from the main part of Prior Lake. • 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 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. As visible on the submitted survey, the proposed house would maintain similar lake and front yard setbacks to adjacent properties along Oakland Beach to the north. • 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. 3 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 vari- ances 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 • The survey shall be revised to indicate one driveway access onto Oak- land Beach Avenue. • A grading plan shall be submitted for the project along with the building permit. ALTERNATIVES: 1. Motion and a second to approve a resolution approving the requested vari- ance for 14640 Oakland Beach Avenue, or any variance the Planning Commission 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 8/12/15 4. Conceptual Building Plans dated 8/7/15 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 15-XXPC APPROVAL OF A VARIANCE FROM THE MINIMUM LAKE SETBACK, FOR A PROPERTY IN THE R-1 (LOW DENSITY RESIDENTIAL SHORELAND) ZONING DISTRICT 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 Highmark Builders, on behalf of the property owner, Christopher Dahl, to approve a variance from the minimum lake setback to construct a new home on a property in the R-1 (Low Density Residential) Zoning District at the following property: 14640 Oakland Beach Avenue NE Prior Lake, MN 55372 That part of Government Lot 6, Section 30, Township 115, Range 21, Scott County, Minnesota, described as follows: Starting at a point 100.0 feet due south of the southeast corner of Lot 16, Oakland Beach; and running due north 100.0 feet to said southeast corner; thence due west 100.0 feet to the southwest corner of said Lot 16; thence North 63 degrees 40 minutes West about 189.0 feet to the water edge of Prior Lake; thence southwesterly along said water edge to a point due west of the point of the beginning; thence due east about 550.0 feet to the point of the beginning. And Lot 9, SEVEN ACRES, Scott County, Minnesota; Except that part of said Lot 9, SEVEN ACRES lying westerly of a line drawn perpendicular to the southerly line of said Lot 9, SEVEN ACRES from a point distant 475.42 feet westerly of the southeast corner of said Lot 9, SEVEN ACRES; Also commencing at the southeasterly corner of Lot 16, Oakland Beach, Scott County, Minnesota; proceeding thence South 100 more or less to the northerly line of Seven Acres, Scott County, Minnesota; proceeding thence at right angles to the last described line in an easterly direction along the northerly line of Seven Acres to the northeast corner of Seven Acres, Scott County, Minnesota; proceeding thence in a northwesterly direction along the northwesterly extension of the easterly line of Seven Acres to the point of beginning, the same consisting of a portion of Government Lot 6, Section 30, Township 115 North, Range 21 West, Scott County, Minnesota (PID 25-930-115-0, 25-930-112-0, 25-118-008-0) 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- 2015-001018 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 2 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 pond and lake features that minimize the buildable area of the property to a linear area averaging approximately 30 feet in depth. The variance would allow for the home to be placed at least 25 feet from the 904 elevation surrounding the pond while home would be over 100 feet from the main part of Prior Lake. 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 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. As visible on the submitted survey, the proposed house would maintain similar lake and front yard setbacks to adjacent properties along Oakland Beach to the north. 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. A single family residential dwelling 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 a single family dwelling in the R-1 (Low Density Residential) Zoning District: a. A 50 foot variance from the required minimum 75 foot structure setback from the Ordinary High Water (OHW) elevation of Prior Lake (Section 1104.302 (4)) 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. b. The survey shall be revised to indicate one driveway access onto Oakland Beach Avenue. c. A grading plan shall be submitted for the project along with the building permit. PASSED AND ADOPTED THIS 8th DAY OF SEPTEMBER, 2015. 3 _______________________________ Perri Hite, Commission Chair ATTEST: _________________________________ Dan Rogness, Community & Economic Development Director VOTE Hite Blahnik Fleming Larson Petersen Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐