HomeMy WebLinkAbout4A Dolan Seurer Twin Island Circle pc report
4646 Dakota Street SE
Prior Lake, MN 55372
PLANNING COMMISSION AGENDA REPORT
MEETING DATE: JANUARY 19 , 2016
AGENDA #: 4A
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
Dolan Seurer, the property owner, is requesting a variance from the minimum
lake setback on Lot 27, Twin Island. The property is located along the north-
eastern 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 set-
back 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 (Urban
Low Density) on the 2030 Comprehensive Plan Land Use Map. The property is
currently vacant.
Current Circumstances
The applicant proposes to construct a 1 story cabin onsite with a 864 square foot
footprint.
The area of the property is 22,028 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 lake setback distance is similar to the lake setback of
other cabins west and south 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 pro-
vision is not included in the Island Development section of the Ordinance. In-
stead, 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:
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• 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 nat-
ural 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 practical difficulty is due to circumstances unique to the prop-
erty 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 is due to circumstances unique to the property
characteristics. The practical placement of a structure is at the pro-
posed location because it would allow for the least amount of grade al-
terations and tree removals, both of which are encouraged under the Is-
land Development Ordinance (Section 1104.309).
• 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 and south 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
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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 acknowl-
edged City Assent Form, shall be submitted to the Community & Eco-
nomic Development Department prior to the issuance of a building per-
mit.
ALTERNATIVES: 1. Motion and a second to approve a resolution approving the requested vari-
ance for Lot 27, Twin Island, 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 variance because the Planning Commis-
sion finds a lack of demonstrated practical difficulties under the zoning code
criteria.
RECOMMENDED
MOTIONS:
Alternative #1
ATTACHMENTS: 1. Resolution 16-XXPC
2. Location Map
3. Survey dated 12/2/2015
4. Conceptual building plans dated 11/18/2015
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4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 16-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
January 19, 2016, to consider a request from Dolan Seurer, the property owner, to approve a variance
from the minimum lake setback to allow construction of a cabin on a property in the R1-SD (Low Density
Residential Shoreland) Zoning District at the following property:
Lot 27, Twin Isles, Scott County Minnesota.
(PID 25-100-019-0)
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 #DEV15-
001029 and held a hearing thereon on January 19, 2016; 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).
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b. 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 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 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 is due to circumstances unique to the property characteristics. The practical
placement of a structure is at the proposed location because it would allow for the least amount of grade
alterations and tree removals, both of which are encouraged under the Island Development Ordinance
(Section 1104.309).
d. 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 variance will not alter the existing character of the neighborhood. The 55-foot setback
distance is similar to the lake setback of other cabins to the south and west of the property.
e. 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.
The requested variance 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 variance
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 19TH DAY OF JANUARY, 2016.
_______________________________ Bryan Fleming, Commission Chair
ATTEST: _________________________________
Dan Rogness, Community & Economic Development Director
VOTE Fleming Kallberg Larson Petersen Tieman
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
T W I N I S L A N D C I R N W
Scott County GIS
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TextSUBJECT PROPERTY