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Home My WebLink About4B 14456 Watersedge Trail Variance report 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: MARCH 7, 2016 AGENDA #: 4B PREPARED BY: JEFF MATZKE, PLANNER PRESENTED BY: JEFF MATZKE PUBLIC HEARING: YES AGENDA ITEM: CONSIDER A REQUEST FOR APPROVAL OF VARIANCE TO ALLOW CONSTRUCTION WITHIN THE BLUFF IMPACT ZONE FOR A PROPERTY IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT DISCUSSION: Introduction Greenwood Design Build LLC, on behalf of the owner, is requesting variances from the maximum impervious surface, minimum lake setback, and minimum lot area, on a property located at 14456 Watersedge Trail. The property is located along the northern shores of Lower Prior Lake, south of Boudin Street. The property is currently vacant. The following variances are requested: • A 8.5% variance from the 30% maximum impervious surface require- ment for a residential property in the Shoreland District (Section 1104.306 & Section 1104.902 (1)) • A 14.6 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 293 square foot variance from the minimum 7,500 square foot lot area required for development of a nonconforming lot of record (Sec- tion 1104.902 (1)) Regulation Minimum Proposed Variance Lake Setback (averaging allowed, 2 adjacent lots) 50’ 34.5’ 14.6’ Minimum Lot Area (Shoreland nonconforming lots) 7,500 sq.ft. 7,207 sq.ft. 293 sq.ft. Maximum Impervious Surface 30% max. 38.5% 8.5% 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 is currently vacant. The property and adjacent roadway has been sub- ject to flooding as recently as 2014. Current Circumstances The applicant proposes to construct a new 2-story home and attached garage onsite with a 2,058 sq. ft. footprint. 2 The property is 66 feet in width and 7,207 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 47 feet in width at its maximum but would not require variances from the required side yard setbacks. The garage is proposed to be located below the floodplain elevation (908.9’) at an elevation of 907.2. Floodproofing techniques are proposed which would allow water to flow into the garage in the event of a flood. These techniques will be required per FEMA and state floodplain regulations. The applicant has been in contact with the Minnesota Department of Natural Resources (DNR) floodplain division in regards to the floodproofing design. The garage cannot be located at a higher elevation without creating a steep driveway situation greater than per- mitted by City Ordinance (10% max.) or lengthening the driveway thereby reduc- ing the lake setback of the home even further than proposed. Lake Setback The house would be located a minimum 35.4 feet from the 904 elevation in the rear yard. The average setback distance of nearby neighborhood homes as identified on the survey is 34.7 feet. The deck area is designed as a platform (grade level deck) which would not be required to meet structure setback re- quirements. Impervious Surface The current City Ordinance requires a maximum of 30% impervious surface per property; the proposed impervious surface indicated for the lot is 38.5% of the total lot area. Existing impervious surface for other properties within this neigh- borhood are also over 30% the total lot areas. Lot Area While the Shoreland Ordinance does dictate a lot to be a minimum of 7,500 sq. ft. in size for development of the property into a single family dwelling, this prop- erty 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 in the findings below. The City Staff does recommend the following conditions be in- cluded with the variance approval: • The variance resolution shall be recorded at Scott County. An acknowledged City Assent Form, shall be submitted to the Commu- nity & Economic Development Department prior to the issuance of a building permit. • Due to its proposed elevation below the regulatory floodplain of Prior Lake, the garage shall be floodproofed according to FP-3 or FP-4 floodproofing classifications. ISSUES: This project includes a request for three 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: 3 • 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 1000 square feet 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 and a low elevation in relation to the floodplain 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. 4 ALTERNATIVES: 1. Motion and a second to approve a resolution approving the requested seven variances for 14456 Watersedge Trail with the listed conditions, or any variance the Planning Commission deems appropriate in these circum- stances. 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 16-04PC 2. Location Map 3. Survey dated 2-4-2016 4. Conceptual Building Plans stamp dated 2-5-2016 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 16-04PC A VARIANCE FROM THE MINIMUM LAKE SETBACK 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 March 7, 2016, to consider a request from GreenWood Design Build, LLC on behalf of Jeremy James to approve variances from minimum lot size, lake setbacks, and maximum impervious surface to allow construction of a new home in the Low Density Residential Shoreland District (R1-SD) Zoning District at the following property: 14456 Watersedge Trail, Prior Lake, MN 55372 BOUNDIN’S MANOR 2ND ADDITION; Lot 14 (PID 25-121-014-0) 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- 001004 and held a hearing thereon on March 7, 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. 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 2 setbacks, and impervious surface maximum is approximately 1000 square feet 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 and a low elevation in relation to the floodplain 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. 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 8.5% variance from the 30% maximum impervious surface requirement for a residential property in the Shoreland District (Section 1104.306 & Section 1104.902 (1)). b. A 14.6 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). c. A 293 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. 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. Due to its proposed elevation below the regulatory floodplain of Prior Lake, the garage shall be floodproofed according to FP-3 or FP-4 floodproofing classifications. PASSED AND ADOPTED THIS 7th DAY OF MARCH, 2016. _______________________________ Fleming, Commission Chair ATTEST: _________________________________ Dan Rogness, Community & Economic Development Director VOTE Fleming Kallberg Larson Petersen Tieman Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ W A T E R S E D G E T R L N E B O U D I N S T N E R U T G E R S S T N E Lower Prior Lake Ü 14456 Watersedge Trail Variance Location Map SUBJECT PROPERTY LOWER PRIOR LAKE GD (904) 140TH ST NE 1 5 0 T H S T S E E A G L E C R E E K A V N E H I G H W A Y 1 3 Lower Prior Lake SUBJECT PROPERTY