HomeMy WebLinkAbout7A 6430 Conroy Street Variances
4646 Dakota Street SE
Prior Lake, MN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE:
MARCH 28, 2016
AGENDA #: 7A
PREPARED BY: JEFF MATZKE, PLANNER
PRESENTED BY: JEFF MATZKE
AGENDA ITEM: PUBLIC HEARING TO CONSIDER APPROVAL OF AN APPEAL FROM
AMY AND BILL CUTTER WITH REGARD TO THE PLANNING COMMIS-
SION’S APPROVAL OF VARIANCES AT 6430 CONROY STREET NE
DISCUSSION: Introduction
The purpose of this agenda item is to consider an appeal by Amy and Bill Cutter
of two variances approved by the Planning Commission related to the construc-
tion of a single family dwelling on a riparian lot.
Copper Creek Development, on behalf of the owner, has requested 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 vacant single family home. The following variances were approved by
the Planning Commission on February 16, 2016:
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 8.9% 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 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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Regulation Minimum Proposed Variance
Front Setback (averaging allowed, 2 yards w/I 150’) 20’ 13’ 7’
Rear Setback (averaging allowed, 2 adjacent lots) 50’ 29.0’ 21.0’
Sum of Side Yards (a nonconforming lot) 15’ 13’ 2’
Building Separation (east side) 15’ 11.9’ 3.1’
Building Separation (west side) 15’ 13’ 2’
Minimum Lot Area (Shoreland nonconforming lots) 7,500 sq.ft. 4,402 sq.ft. 3,098 sq.ft.
Maximum Impervious Surface 30% max. 38.9% 8.9%
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 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 build a smaller house that would be reasonable for the
property. A new variance application with a new house design was received by
the City on December 18, 2015, followed by a letter from the City stating the
application was complete on January 11, 2016. The current proposed house is
approximately 10-15% smaller in area and overall width than the former pro-
posal. 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.
The Planning Commission opened the public hearing on February 1, 2016 and
continued it to February 16th due to an error in the mailed public hearing notice.
On February 16, 2016 the Planning Commission completed the public hearing
and approved the requested variances with the condition that the existing boat-
house/concrete area be removed, thereby reducing the allowed impervious sur-
face from the requested 43.3% to 38.9% of the total lot area.
On February 23, 2016 the City received an appeal of the Planning Commission’s
decision from Amy and Bill Cutter in accordance with City Code Section
1108.409. The appeal (see attached appellant narrative) is in regards to the
following variance approvals:
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)).
Current Circumstances
The applicant proposes to construct a new 2-story home with walkout basement
and attached 2-car garage with a 1,402 sq. ft. footprint.
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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 are
similar to the adjacent lots and are in harmony with the character of the neigh-
borhood. The current City Code requires a maximum of 30% impervious surface
per property; the proposed impervious surface indicated for the lot is 38.9% of
the total lot area (with the boat house removal). Existing impervious surface for
other properties within this neighborhood are also over 30% the total lot areas.
(see attached exhibit indicating impervious surface estimates for adjacent prop-
erties).
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. As the lot contained a single family structure prior to the existing
regulations it is a legally nonconforming buildable lot meaning that the property
owner is entitled to maintain a structure on the property.
Conclusion
The submitted appeal is in regards to the lake and east side yard setback vari-
ances only. The appellant does not indicate any disagreement with the front
yard, west side yard, sum of the side yards, lot area, or impervious surface var-
iance approvals.
The Planning Commission and City Staff believe the lake setback and east
side yard setback variances requested are warranted due to the lot constraints
unique to the property and practical difficulties as stated in the in the findings
listed below.
ISSUES: This project includes a request for seven variances. Section 1108.400 and Minn.
Stat. 462.357, Subd. 6 state that the Board of Adjustment may grant a variance
from the strict application of the provisions of the Zoning Code 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.
Practical difficulties exist as the residential property has unique charac-
teristics 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 is not practical to construct a reasonable
home within these limitations.
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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 allows
the applicant to construct a reasonable residential lake home on the site
in an orderly fashion and in the same character as adjacent homes.
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 was not created by the property owner. The lot
existed as a buildable lot prior to the increased lot size requirements in
City Code.
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 and aerial photogrpah,
the proposed house is similar to 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 approve a resolution affirming the variances ap-
proved by the Planning Commission at 6430 Conroy Street NE.
2. Motion and a second to deny or amend the two variances that are being
appealed.
3. Motion and a second to table this item and request staff to provide addi-
tional information as identified by the City Council.
RECOMMENDED
MOTION:
Alternative #1
ATTACHMENTS: 1. Resolution 15-XXPC
2. Location Map
3. Survey dated 12-10-2015
4. Conceptual Building Plans stamp dated 11-17-2015
5. Appellant Narrative
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4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 16-XX
RESOLUTION APPROVING AN APPEAL FROM AMY AND BILL CUTTER WITH REGARD TO THE PLANNING COMMISSION’S APPROVAL OF VARIANCES AT 6430 CONROY STREET NE
MOTION BY: SECOND BY:
WHEREAS, Copper Creek LLC, on behalf of the property owner, Robert Welch, has requested a number of variances
in order to remove the existing home and construct a new home on a property in the R-1 (Low Density
Residential) Zoning District at the following described property (“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, The Planning Commission, acting as the Board of Adjustment, reviewed the application for variances as
contained in Case #DEV16-001001, held a public hearing on February 1, 2016, and continued the public
hearing on February 16, 2016; and,
WHEREAS, After closing the public hearing on February 16, 2016, the Planning Commission found that the variances
were consistent with the criteria set forth in Section 1108.406 of the Zoning Code and Minn. Stat.
462.357, Subd. 6, and approved the variances subject to conditions; and WHEREAS, On February 23, 2016, Amy and Bill Cutter, property owners within 350 feet of the Property, appealed
the decision of the Planning Commission to the City Council in regards to the following two variances:
(1) the minimum 50 foot setback from the Ordinary High Water elevation, and (2) the minimum 15 foot
separation of all structures on the east side for nonconforming lots; and WHEREAS, The City Council reviewed the information contained in Case # DEV16-001001, and considered the
appeal on March 28, 2016.
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NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as
follows:
1. The above recitals are fully incorporated herein as set forth above.
2. The contents of Case #DEV16-001001 are entered into and made a part of the public record.
3. The City Council makes 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
is a lot of record which 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.
4. Based upon the findings set forth herein, the City Council hereby affirms the variances granted by the Planning
Commission including but not limited to the two variances described below which were the subject of Amy
and Bill Cutter’s appeal:
a. 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 (Subsection
1104.308).
b. 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. (Subsection 1101.502 (7)).
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PASSED AND ADOPTED THIS 28TH DAY OF MARCH, 2016.
VOTE Hedberg Keeney McGuire Morton Thompson
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
______________________________
Frank Boyles, City Manager
C O N R O Y S T N E
G R E E N W A Y A V N E
Ü010020050Feet
6430 Conroy Street NE
Variance
Location Map
SUBJECT
PROPERTY
LOWER PRIOR LAKE
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
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