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Home My WebLink About4a Martin-Scholl Twin Island Variance Report 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: MAY 16, 2016 AGENDA #: 4A PREPARED BY: JEFF MATZKE, PLANNER PRESENTED BY: JEFF MATZKE AGENDA ITEM: PUBLIC HEARING TO CONSIDER APPROVING A RESOLUTION APPROV- ING VARIANCES FROM THE MINIMUM LAKESHORE STRUCTURE SET- BACK AND MINIMUM SIDE YARD SETBACK FOR A PROPERTY ON TWIN ISLAND DISCUSSION: Introduction Troy Martin and Dean Scholl, the property owners, are requesting variances from the minimum lake and side yard setbacks on property located on Twin Island. The property is located along the northwestern shore of Twin Isle on Upper Prior Lake. The property is currently vacant. The following variances are requested:  A 66.3 foot variance from the required minimum 100 foot structure setback from the Ordinary High Water (OHW) elevation of Prior Lake (Section 1104.309).  A 5 foot variance from the required minimum 10 foot side yard set- back (Section 1104.309) Regulation Requirement Proposed Variance Lake Setback 100’ 33.7’ 66.3’ Side Yard Setback 10’ 5’ 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 is currently vacant. Lot 51, Twin Isles was platted as a cabin lot along with the other Twin Isles lots in 1924. It is a single parcel designated as a lot of record under MN State Statute 462.357. Current Circumstances The applicant proposes to construct a 2-story cabin onsite with a 560 square foot footprint and a 200 square foot deck. The area of the property is 5,966 square feet in total area above a 904 elevation. Lake Setback The applicant proposes a new cabin that would be 33.7 feet from the 904 eleva- tion of the lake. This 33.7 foot setback distance is similar to the lake setback of other cabins immediately south of the property. On the mainland areas within 2 the City of Prior Lake, the lake setback requirement may be averaged to as short as 50 feet without a variance request using the setbacks of nearby homes/cab- ins; however, that ordinance provision is not included in the Island Development section of the Ordinance. Instead, a 100 foot setback requirement is listed in the Ordinance. Side Yard Setback The applicant is proposing a 5 foot side yard structure setback along the northern property line. The Ordinance requirement for a side yard setback is 10 feet. The applicant could possibly locate the structure closer to the center of the property; however, this would decrease the lake setback proposed and possibly impact a tree identified on the survey. The applicants have expressed the interest to place the cabin at the proposed 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). The attached site photo on file at City Hall (dated 1999) indicates the approximate cabin location. Conclusion City Staff believes the variances requested are warranted due to the lot con- straints unique to the property and practical difficulties as stated below 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. 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:  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 3 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 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 33.7 foot setback distance is similar to the lake setback of other cabins immediately 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 seasonal cabin is an allowed use on Twin Island within the R-1 (Low Density Residential) Zoning District. ALTERNATIVES: 1. Motion and a second to approve a resolution approving the requested vari- ances for Lot 51, Twin Isle, 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 a spe- cific 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 15-XXPC 2. Location Map 3. Survey dated 4/1/2016 4. Building Plans 5. Site photo (dated 1999 – City file) 6. Applicant narrative stamp dated 3/1/2016 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 16-XXPC APPROVAL OF VARIANCES FROM THE MINIMUM LAKESHORE STRUCTURE SETBACK AND MINIMUM SIDE YARD 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 May 16, 2016, to consider a request from Troy Martin and Dean Scholl to approve variances from the minimum lake setback and minimum side yard setback to allow construction of a seasonal cabin on a property in the R-1 (Low Density Residential) Zoning District at the following property: Lot 51, Twin Isles, Scott County Minnesota. (PID 25-100-040-1) 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- 001012 and held a hearing thereon on May 16, 2016; and WHEREAS, The Planning Commission has considered the effect of the proposed variances 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 variances 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). 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. 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 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. The 33.7 foot lake setback distance is similar to the lake setback of other cabins immediately south of the property. d. 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 seasonal cabin which is an allowed use on Twin Isles 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 seasonal cabin in the R-1 (Low Density Residential) Zoning District: a. A 33.7 foot variance from the required minimum 100 foot structure setback from the Ordinary High Water (OHW) elevation of Prior Lake (Section 1104.309) b. A 5 foot variance from the required minimum 10 foot side yard setback (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 16th DAY OF MAY, 2016. _______________________________ Fleming, Commission Chair ATTEST: _________________________________ Dan Rogness, Community & Economic Development Director VOTE Fleming Kallberg Larson Petersen Tieman Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ TWIN ISLAND CIR NW Upper Prior Lake Ü Martin-Scholl Twin Island Variance Location Map UPPER PRIOR LAKE GD (904) SPRIN G LAKE GD (912.8) BLIND LAKE RD (948.7) ARTIC LAKE NE (906.7) MARKLEY LAKE RD ( ) CRYSTA L LAK E NE (943.3) EAGLE CREEK AV SE H I G H W A Y 1 3 160TH ST SE Upper Prior Lake Spring Lake SUBJECTPROPERTY SUBJECTPROPERTY Approximate Cabin Location