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Home My WebLink About4C 14956 Pixie Point Circle SE Variance report 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: MARCH 7, 2016 AGENDA #: 4C PREPARED BY: PRESENTED BY: JEFF MATZKE, PLANNER JEFF MATZKE PUBLIC HEARING: YES AGENDA ITEM: CONSIDER A REQUEST FOR APPROVAL OF A VARIANCE FROM THE MINIMUM BLUFF SETBACK AND GRADING IN 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 owners of the subject property, are requesting variances in order to allow for re-grading and construction of re- taining walls within a bluff impact zone as well as new construction home on a property located at 14956 Pixie Point Circle NE. The property is located along the southern shores of Lower Prior Lake, west of Trunk Hwy 13, north of 150th Street. The property currently contains a single family home. The f ollowing var- iances are requested with the proposed survey: • An 25 foot variance from the required minimum 25 foot structure set- back from the top of a bluff slope (Section 1104.304) • A variance to allow re-grading and construction of retaining walls within a bluff impact zone (Section 1104.303) 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 which was constructed in 1956 and a smaller boat house structure near the lakeshore. The property contains a very steep slope of greater than 40 percent in some areas. A series of timber retaining walls existing throughout the steep slope behind the house. Some of the features are failing and need to be removed/replaced. Current Circumstances The property is 18,728 square feet with steep sloped lakeshore. The existing impervious surface area is approximately 20% and 28% of the total lot area (the City Ordinance currently allows a maximum impervious surface amount of 30% of the total lot area). Ordinance Requirements: Subsection 1104.303-305 details the requirements for bluff slope areas. Bluff areas are defined by City Ordinance as areas which are over 25 feet in height with an average grade of 30% or greater. The top of the bluff is the point at which the slope is less than 18% grade over a distance 2 of 25 feet. This point is located near the front of the house, therefore the entire house and all elevations below it to the shores of Prior Lake are within the bluff slope area. Subsection 1104.305 of the City Ordinance requires that an engineering report be provided with any application for which construction is proposed. This report shall discuss the bluff stability and impact of excavation, fill, or placement of structures within the bluff area. The applicant has provided such a report (see attached engineer’s report). Proposed Construction: The applicant is proposing to construct a single story plus walkout home with a footprint of 3,366 square foot. Also, the applicant is proposing to re-grade and remove existing retaining walls and construct new re- taining walls within the steep bluff slope area to ensure stability of the slope. While some of the replacement walls would be over 4 feet in height, no new wall segments are proposed to be over 4 feet in height (over 4 feet would constitute a structure by City Ordinance and be required to meet structure setbacks. Conclusion As the submitted photos identify, grading and retaining wall construction within the bluff slope is necessary to improve overall stability, erosion control, and ac- cessibility within the steep slope. In addition, the expansion of the home is limited to the side of the existing structure in an area already impacted by retaining walls (which would be removed and replaced by the foundation walls). The local DNR hydrologist commented on the requested variance application, stating her support for the house plan which does not infringe further toward the lake than the existing structure and encouraging that drainage be improved for the lot through the use of native plantings or directing runoff to areas where infil- tration could be improved before it reaches the public water of Prior Lake. City Staff has met with the applicant several times regarding the variance re- quests. City Staff indicates general support of the overall plan to improve stability on the slope, develop better access up and down the bluff, and construct a rea- sonable house on the property; and we recommend the following conditions of approval be subject to a variance 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 building permit. • Any work at near or below the 904’ elevation shall only be permitted in accordance with DNR shoreline regulations. ISSUES: This project includes requests for variances. Section 1108.400 states that the Board of Adjustment may grant a variance from the strict application of the provi- sions of the Zoning Ordinance, provided that: (1) 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 3 Ordinance. Economic considerations alone do not constitute practical difficulties. There are practical difficulties in complying with the strict terms of the Or- dinance. Without the approval of variances, the work to repair and im- prove stability on the slope, develop better access up and down the bluff, and construct a reasonable house would not be allowed. (2) 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. The granting of the variances appears to be in harmony with the general purposes of the Ordinance and Comprehensive Plan. A purpose of the Zoning Ordinance to “Promote the most appropriate and orderly develop- ment of the residential, business, industrial, public land, and public ar- eas”. Furthermore the Shoreland Ordinance (Section 1104) policy’s in- tent is “in the best interests of the public health, safety, and welfare to provide for the wise development of shoreland of public waters.” The reasonable residential house additions and requests improvements to the overall slope are in harmony with these purposes and policies. (3) 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 presence of a bluff slope on the property and location of failing re- taining walls and the existing house within the bluff impact zone area cre- ates a practical difficulty for the property owner to improve the conditions of the slope and create a reasonable house without the requested vari- ances. (4) 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 essential character of the Pixie Point Circle neighborhood. There are other riparian properties in this corridor with similar slopes that have greater stability and improvements in place within bluff areas. (5) 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 and retaining walls which are an allowed use within the R-1 (Low Density Residential) Zoning District. ALTERNATIVES: 1. Motion and a second to approve a resolution approving the variances re- quested for 14956 Pixie Point Circle with the listed conditions, or approve 4 any variance the Planning Commission deems appropriate in the circum- stances. 2. Motion and a second to table or continue discussion of the item for specific purpose as directed by the Planning Commission. 3. Motion and a second to deny the variance requests because the Planning Commission finds a lack of demonstrated practical difficulties under the zon- ing code criteria RECOMMENDED MOTIONS: Alternative #1. EXHIBITS: 1. Resolution 16-05PC 2. Location Map 3. Existing survey dated 1-20-2016 4. Proposed survey dated 3-2-2016 5. Geotechnical engineering report dated 2-22-2016 6. Site Photos 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 16-05PC VARIANCE TO ALLOW CONSTRUCTION OF A HOME WITHIN THE BLUFF IMPACT ZONE 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 March 7, 2016, to consider a request from GreenWood Design Build, LLC to approve a variance to allow construction of a single family dwelling within the bluff impact zone located in the R1SD (Low Density Residential Shoreland) Zoning District at the following property: 14956 Pixie Point Circle SE, Prior Lake, MN 55372 Legal Description: Eastwood 1st Addition, Lot 8 & 9 (PID 25-047-010-0) 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- 001006 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. There are practical difficulties in complying with the strict terms of the Ordinance. Without the approval of variances, the work to repair and improve stability on the slope, develop better access up and down the bluff, and construct a reasonable house would not be allowed. 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. The granting of the variances appears to be in harmony with the general purposes of the Ordinance and Comprehensive Plan. A purpose of the Zoning Ordinance to “Promote the most appropriate and orderly development of the residential, business, industrial, public land, and public areas”. Furthermore the Shoreland Ordinance (Section 1104) policy’s intent is “in the best interests of the public health, safety, and welfare to provide for the wise development of shoreland of public waters.” The reasonable residential house additions and requests improvements to the overall slope are in harmony with these purposes and policies. 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 presence of a bluff slope on the property and location of failing retaining walls and the existing house within the bluff impact zone area creates a practical difficulty for the property owner to improve the conditions of the slope and create a reasonable house without the requested variances. 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 essential character of the Pixie Point Circle neighborhood. There are other riparian properties in this corridor with similar slopes that have greater stability and improvements in place within bluff areas. 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 an residential dwelling and retaining walls which are 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 house in the R-1 (Low Density Residential) Zoning District: a. A 25 foot variance from the required minimum 25 foot structure setback from the top of a bluff slope (Section 1104.304) b. A variance to allow re-grading and construction of retaining walls within a bluff impact zone (Section 1104.303) 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. Any work at near or below the 904’ elevation shall only be permitted in accordance with DNR shoreline regulations). 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 ☐ ☐ ☐ ☐ ☐ 150TH ST SE P I X I E P O I N T C I R S E E U C L I D A V S E Lower Prior Lake Ü 14956 Pixie Point Circle SE Variance Location Map 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 SUBJECT PROPERTY