HomeMy WebLinkAbout4A 6430 Conroy St NE Report
4646 Dakota Street SE
Prior Lake, MN 55372
PLANNING COMMISSION AGENDA REPORT
MEETING DATE: FEBRUARY 1, 2016
AGENDA #: 4A
PREPARED BY: JEFF MATZKE, PLANNER
PRESENTED BY: JEFF MATZKE
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
Copper Creek Development, on behalf of the owner, is requesting 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 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 con-
tains a single family home. The following variances are requested:
A 13 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 13.3% variance from the 30% maximum impervious surface re-
quirement for a residential property in the Shoreland District (Section
1104.306 & Section 1104.902 (1))
A 21 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 3.1 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 2 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 2 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))
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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.
In the Fall of 2015 the Planning Commission considered a variance application
for a new residential dwelling on this property. After reviewing the house design,
the Planning Commission denied the previously requested variances, stating
that the applicant could prepare a smaller house that would be reasonable for
the property. The current proposal is approximately 10-15% smaller in area and
overall width than the former proposal. Also, the minimum side yard setback on
the east side has been increased from the previous proposed distance of 6 feet
to the current proposed distance of 7.5 feet
Current Circumstances
The applicant proposes to construct a new 2-story home with walkout basement
and attached 2-car garage onsite with a 1,402 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 37 feet in width at its maximum (31 feet wide across the majority of the
home) but would remain 5.5 feet from the west and 7.5 feet from the east prop-
erty line. Also, the applicant proposes to place the house 7.0 feet (measured at
the front stoop) from the front property line and 29 feet (at the deck) from the
high water mark of Prior Lake at the closest point. 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 43.7% 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.
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:
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.
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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.
ISSUES: This project includes a request for seven 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:
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 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.
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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.
ALTERNATIVES: 1. Motion and a second to continue the public hearing to February 16, 2016 at
6:00 p.m. due to an error in the mailed notice public hearing date.
RECOMMENDED
MOTIONS:
Alternatives #1.
ATTACHMENTS: 1. Resolution 15-XXPC
2. Location Map
3. Survey dated 12-10-2015
4. Conceptual Building Plans stamp dated 11-17-2015
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4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 16-02PC
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 R1-SD (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
February 2, 2016, continued on February 16, 2016, to consider a request from Copper Creek Real Estate
Group, Inc. 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 #DEV16-
001001 and held a hearing thereon on February 1, 2016 and continued on February 16, 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
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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 13 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 13.3% 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 21 foot variance from the required minimum 50 foot structure setback from the Ordinary High Water
(OHW) elevation of Prior Lake using the average lake setbacks of adjacent properties (Section 1104.308).
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d. A 3.1 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 2 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 2 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 16th DAY OF FEBRUARY, 2016.
_______________________________
Fleming, Commission Chair
ATTEST: _________________________________
Dan Rogness, Community & Economic Development Director
VOTE Fleming Kallberg Larson Petersen Tieman
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
November 17, 2015 01A
CONCEPT PLANS ONLY, NOT FOR CONSTRUCTION OR BIDDING. SUBJECT TO CHANGE WITHOUT NOTICE. OPTIONAL ITEMS MAY BE SHOWN FOR ILLUSTRATIVE PURPOSES ONLY.
6430 conroy street, prior lake, mn
November 17, 2015 02A
GARAGE
CONCEPT PLANS ONLY, NOT FOR CONSTRUCTION OR BIDDING. SUBJECT TO CHANGE WITHOUT NOTICE. OPTIONAL ITEMS MAY BE SHOWN FOR ILLUSTRATIVE PURPOSES ONLY. DIMENSIONS ARE APPROX AND ROUNDED TO THE NEAREST 6"
22' X 22'
(OUTSIDE DIMS)
DINING13' X10'
GREAT
ROOM14'-6" X 16'-6"
FOYER
KITCHEN13' X 12'-6"
OWNER'S
SUITE16'-6" X13'
BDRM 213' X11'
BDRM 313' X 14'-6"
L'DRY11'-6" X 7'-6"
W.I.C.8'-6" X 8'-6"LINEN
W.I.C.
W.I.C.
LUXURY
BATH
LINEN LINEN
DECK17' X 10'
PORTICO
5 1 '-0 "
37'-0"
6430 conroy street, prior lake, mn
November 17, 2015 03A
CONCEPT PLANS ONLY, NOT FOR CONSTRUCTION OR BIDDING. SUBJECT TO CHANGE WITHOUT NOTICE. OPTIONAL ITEMS MAY BE SHOWN FOR ILLUSTRATIVE PURPOSES ONLY.
FAMILY
ROOM16' X 16'
WET
BAR
MECH.
ROOM10'-6" X 8'
EXERCISE RM.20' X 12'
STORAGE14' X 4'-6"
BDRM 412'-6' X 16'
6430 conroy street, prior lake, mn