HomeMy WebLinkAbout4B 5308 Candy Cove Trail SE Report4646 Dakota Street SE
Prior Lake, MN 55372
PLANNING COMMISSION AGENDA REPORT
MEETING DATE:
AGENDA #:
PREPARED BY:
PRESENTED BY:
AGENDA ITEM:
DISCUSSION:
FEBRUARY 21, 2017
4B
JEFF MATZKE, PLANNER
JEFF MATZKE
HOLD A PUBLIC HEARING AND CONSIDER APPROVAL OF A RESOLUTI-
ION APPROVING A VARIANCE FROM THE MINIMUM FRONT YARD SET-
BACK, MINIMUM BUILDING SEPARATION, AND GRADING IN THE BLUFF
IMPACT ZONE FOR A PROPERTY IN THE R-1 (LOW DENSITY RESIDEN-
TIAL) ZONING DISTRICT
Introduction
Pebble Creek Homes Custom Homes LLC, on behalf of the owners of the subject
property, are requesting variances in order to allow for the construction of a new
home on a property located at 5308 Candy Cove Trail NE. The property is lo-
cated along the southern shores of Lower Prior Lake, west of Trunk Hwy 13, east
of Manor Road. The property currently contains a single family home. The fol-
lowing variances are requested with the proposed survey:
•A 22.6-foot variance from the required minimum 25-foot front yard setback
using the average front yard setbacks of the adjacent properties (Section
1102.405 (5))
•A 2.6-foot variance from the minimum 15-foot separation between all struc-
tures on the nonconforming lot and on the adjoining lot to the east. (Section
1101.502 (7)).
•A variance to allow re-grading within a bluff impact zone (Section 1104.303)
Regulation Minimum Proposed Variance
Front Setback 25’ 2.4’ 22.6’
Building Separation (east side) 15’ 12.4’ 2.6’
Bluff Impact Zone Structures
Not
Permitted
Structure
Proposed
Permit the
Structure
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 1964.
The City originally scheduled the public hearing for February 6, 2017 but due to
lack of a quorum of Planning Commissioners, the City tabled the hearing at that
meeting to February 21, 2017.
2
Current Circumstances
The property is 7,500 square feet with steep sloped lakeshore. The proposed
impervious surface area is approximately 29.6% of the total lot area (the City
Ordinance currently allows a maximum impervious surface amount of 30% of
the total lot area).
Setbacks: The property is 50 feet in width and 7,500 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 pro-
poses a house that is 33.67 feet in width but would remain 7.5 feet from the west
and 7.5 feet from the east property line. Also, the applicant proposes to place
the house 4.0 feet from the front property line but an overall 30 feet from the street
due to a considerable right-of-way area.
Bluff Area : 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 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 engineering report will be required with a
pending building permit application. The property contains a very steep slope of
greater than 40 percent in some areas.
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 in this report. Therefore, the City Staff recommends approval of the re-
quested variances.
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
Ordinance. Economic considerations alone do not constitute
practical difficulties.
There are practical difficulties in complying with the strict terms of the Or-
dinance. This residential property has some unique characteristics in-
cluding the narrow and small size of the property. Dues to the required
setbacks and bluff regulations, there would be no allowed buildable area
of the property without approval of variances from the front setback,
building separation, and bluff impact zone.
3
(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 is in harmony with these purposes and poli-
cies.
(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 the existing house
within the bluff impact zone area creates a practical difficulty for the prop-
erty owner to 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
Candy Cover Trail neighborhood. There are other riparian properties in
this corridor with similar slopes and narrow lot sizes, particularly east of the
property.
(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
which is 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 5308 Candy Cove Trail with the listed conditions, or approve
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.
4
ATTACHMENTS: 1. Resolution 17-XXPC
2. Location Map
3. Existing survey dated 8-19-2017
4. Proposed survey dated 2-03-2017
5. Conceptual building elevation
1
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 17-XXPC
VARIANCE FROM THE MINIMUM FRONT YARD SETBACK, MINIMUM BUILDING SEPARATION, AND
ALLOWANCE FOR GRADING IN THE BLUFF IMPACT ZONE 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
February 21, 2016, to consider a request from Pebble Creek Custom Homes LLC, on behalf of Cedar
Creek Capital LLC, the property owner, to approve variances to allow construction of a single family
dwelling located in the R1SD (Low Density Residential Shoreland) Zoning District at the following
property:
5308 Candy Cove Trail SE, Prior Lake, MN 55372
Legal Description:
That part of Government Lot 3, Section 36, Township 115, Range 22, Scott County, Minnesota, together
with vacated Candy Cove Trail described as beginning at the most southerly corner of Lot 1, CANDY
COVE PARK, according to the recorded plat thereof, said Scott County; thence southwesterly at an angle
of 86 degrees 11 minutes 57 seconds, as measured from the southwesterly line of said Lot 1, a distance
of 96.84 feet to Line A described below and the point of beginning of the parcel to be described; thence
southwesterly deflecting to the right 6 degrees 54 minutes 54 seconds 35.47 feet to the northerly line of
Candy Cove Trail; thence southwesterly deflecting to the left 23 degrees 52 minutes 57 seconds, along
said northerly line of Candy Cove Trail, a distance of 14.64 feet, thence northwesterly deflecting to the
right 102 degrees 01 minute 00 seconds 178 feet, more or less, to the shoreline of Prior Lake; thence
northeasterly, along said shoreline, 50 feet, more or less, to the northwesterly extension of said Line A;
thence southeasterly 174 feet, more or less, to the point of beginning. Line A is described as
commencing at said most southerly corner of Lot 1; thence southwesterly at an angle of 71 degrees 00
minutes 00 seconds, as measured from said southwesterly line of Lot 1, a distance of 50.00 feet; thence
northwesterly at an angle of 69 degrees 41 minutes 00 seconds to the right, 114.0 feet, thence
southwesterly at an angle of 85 degrees 41 minutes 00 seconds to the left, 50.00 feet to the point of
beginning of Line A to be described, thence southeasterly at an angle of 94 degrees 27 minutes 00
seconds to the left, 135.00 feet and said Line A there terminating.
(PID 25-936-071-0)
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 #DEV17-
001002 and held a hearing thereon on February 21, 2017; and
2
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 PLANNING COMMISSION 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. This residential
property has some unique characteristics including the narrow and small size of the property. Dues to
the required setbacks and bluff regulations there would be no allowed buildable area of the property
without approval of variances from the front setback, building separation, and bluff impact zone.
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 is 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 the existing house within the bluff impact zone area
creates a practical difficulty for the property owner to 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 Candy Cover Trail neighborhood.
There are other riparian properties in this corridor with similar slopes and narrow lot sizes, particularly
east of the property.
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 a house in the R-1 (Low Density Residential) Zoning District:
a. A 22.6-foot variance from the required minimum 25-foot front yard setback using the average front yard
setbacks of the adjacent properties (Section 1102.405 (5))
b. A 2.6-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)).
c. A variance to allow re-grading within a bluff impact zone (Section 1104.303).
3
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 21ST DAY OF FEBRUARY, 2017.
_______________________________ Bryan Fleming, Commission Chair
ATTEST: _________________________________
Dan Rogness, Community & Economic Development Director
VOTE Fleming Kallberg Peterson Ringstad Tieman
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
C A N D Y C O V E T R L S E
Lower Prior Lake
Ü
5308 Candy Cove Trail SE Variance Location Map
LOWER PRIOR LAK E
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Lower Prior Lake
Upper Prior Lake
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LEGAL DESCRIPTION:That part of Government Lot 3, Section 36, Township 115, Range 22, Scott County,Minnesota, together with vacated Candy Cove Trail described as beginning at the mostsoutherly corner of Lot 1, CANDY COVE PARK, according to the recorded plat thereof, saidScott County; thence southwesterly at an angle of 86 degrees 11 minutes 57 seconds, asmeasured from the southwesterly line of said Lot 1, a distance of 96.84 feet to Line Adescribed below and the point of beginning of the parcel to be described; thence southwesterlydeflecting to the right 6 degrees 54minutes 54 seconds 35.47 feet to the northerly line of Candy Cove Trail; thence southwesterlydeflecting to the left 23 degrees 52 minutes 57 seconds, along said northerly line of CandyCove Trail, a distance of 14.64 feet. thence northwesterly deflecting to the right 102 degrees 01minute 00 seconds 178 feet, more or less, to the shoreline of Prior Lake; thence northeasterly,along said shoreline, 50 feet, more or less, to the northwesterly extension of said Line A;thence southeasterly 174 feet,more or less, to the point of beginning. Line A is described as commencing at said mostsoutherly corner of Lot 1; thence southwesterly at an angle of 71 degrees 00 minutes 00seconds, as measured from said southwesterly line of Lot 1, a distance of 50.00 feet; thencenorthwesterly at an angle of 69 degrees 41 minutes 00 seconds to the right, 114.0 feet; thencesouthwesterly at an angle of 85 degrees 41 minutes 00 seconds to the left, 50.00 feet to thepoint of beginning of Line A to be described, thence southeasterly at an angle of 94 degrees 27minutes 00 seconds to the left, 135.00 feet and said Line A there terminating.The boundaries of the above described land have been judicially determined and marked byjudicial landmarks in the location shown on the Certificate of Survey filed as documentT239944.SCOPE OF WORK & LIMITATIONS:1.Showing the length and direction of boundary lines of the legal description listed above.The scope of our services does not include determining what you own, which is a legalmatter. Please check the legal description with your records or consult with competentlegal counsel, if necessary, to make sure that it is correct and that any matters of record,such as easements, that you wish to be included on the survey have been shown.2.Showing the location of observed existing improvements we deem necessary for thesurvey.3.Setting survey markers or verifying existing survey markers to establish the corners of theproperty.4.Existing building dimensions and setbacks measured to outside of siding or stucco.5.Showing and tabulating impervious surface coverage of the lot for your review and forthe review of such governmental agencies that may have jurisdiction over theserequirements to verify they are correctly shown before proceeding with construction.6.Showing elevations on the site at selected locations to give some indication of thetopography of the site. We have also provided a benchmark for your use in determiningelevations for construction on this site. The elevations shown relate only to thebenchmark provided on this survey. Use that benchmark and check at least one otherfeature shown on the survey when determining other elevations for use on this site orbefore beginning construction.7.While we show a proposed location for this home or addition, we are not as familiar withyour proposed plans as you, your architect, or the builder are. Review our proposedlocation of the improvements and proposed yard grades carefully to verify that theymatch your plans before construction begins. Also, we are not as familiar with localcodes and minimum requirements as the local building and zoning officials in thiscommunity are. Be sure to show this survey to said officials, or any other officials thatmay have jurisdiction over the proposed improvements and obtain their approvals beforebeginning construction or planning improvements to the property.8.We suggest you show this survey to the appropriate city officials to be sure that thesetbacks are shown correctly. Do this BEFORE you use this survey to design anything forthis site.STANDARD SYMBOLS & CONVENTIONS:"භ" Denotes iron survey marker, found, unless otherwise noted.EXISTIN
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EXISTING VS. PROPOSED DWELLINGS EXHIBIT
Existing House
Existing
Garage