The URL can be used to link to this page

Home My WebLink About4A 14332 & 14342 Watersedge Trail 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: MARCH 20, 2017 AGENDA #: 4A PREPARED BY: PRESENTED BY: JEFF MATZKE, PLANNER JEFF MATZKE AGENDA ITEM: HOLD A PUBLIC HEARING AND CONSIDER APPROVAL OF VARIANCES FROM THE MINIMUM LAKE SETBACK, MAXIMUM IMPERVIOUS SUR- FACE, MINIMUM LOT WIDTH, AND MINIMUM LOT AREA, FOR A PROP- ERTY IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT DISCUSSION: Introduction Copper Creek Real Estate Group, is requesting variances to allow for the con- struction of new homes on properties located at 14332 & 14342 Watersedge Trail NE. The properties are located along the northern shores of Lower Prior Lake, west of Trunk Hwy 13, south of Rutgers Street NE. The properties each currently contain a single family home. The following variances are requested with the proposed survey: 14332 Watersedge Trail NE • A 21.0-foot variance from the required minimum 50-foot structure set- back from the Ordinary High Water (OHW) elevation of Prior Lake us- ing the average lake setbacks of adjacent properties (Section 1104.308). • A 4.6% 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 5,158-square foot variance from the minimum 15,000 square foot lot area required for development of a nonconforming lot of record (Section 1104.302 (3)) 14342 Watersedge Trail NE • A 16.6-foot variance from the required minimum 50-foot structure set- back from the Ordinary High Water (OHW) elevation of Prior Lake us- ing the average lake setbacks of adjacent properties (Section 1104.308). • A 3.7% 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 7,825-square foot variance from the minimum 15,000 square foot lot area and 30-foot variance from the minimum 90-foot lot width re- quired for development of a nonconforming lot of record (Section 1104.302 (3)) 2 Regulation Minimum Proposed Variance 14332 Watersedge Trail Lake Setback 50’ 29’ 21’ Impervious Surface Maximum 30.0% max. 34.6% 4.6% Lot Area 15,000 sq. ft. 9,842 sq. ft. 5,158 sq. ft 14342 Watersedge Trail Lake Setback 50’ 33.4’ 16.6’ Impervious Surface Maximum 30.0% max. 33.7% 3.7% Lot Area 15,000 sq. ft. 7,175 sq. ft. 7,825 sq. ft. Lot Width 90’ 60’ 30’ History The properties are zoned R-1 (Low Density Residential), and are guided R-LD (Urban Low Density) on the 2030 Comprehensive Plan Land Use Map. The prop- erties currently contain single family homes which were constructed in 1951-52. Current Circumstances The properties are 9,842 square feet (14332 Watersedge Trail) and 7,175 square feet (1442 Watersedge Trail) respectively. For both properties, the ap- plicant seeks variances from the lake setback, impervious surface, lot area, (and lot width for 14342 Watersedge Trail). Lake Setbacks: The properties are 105-120 feet in depth and are nonconforming lot by area standards. The applicant proposes houses that are 29.0 feet and 33.4 feet from the lake respectively. The existing setbacks of the current dwellings are 3 feet and 29 feet respectively. Many properties along the block have very similar situations for lake setbacks. Other nearby property setbacks average approxi- mately 32.0 feet based on past survey records of the neighborhood. Impervious Surface: The impervious surface coverage for the proposed lots are 34.6% and 33.7% of the total lot areas above a 904 elevation respectively. The existing impervious coverage for the lots are 53.0% and 35.2% respec- tively; therefore, the applicant does indicate a reduction in impervious surface for each lot. Lot Area/Width: The properties are currently nonconforming in nature as they are below the 15,000 square feet requirement of area. The applicant does pro- pose to add 10 feet in width of land to the smaller existing property (currently 50 feet width) to create a larger 60-foot-wide property therefore creating a more de- sirable building pad. The corresponding reduction of 10 feet in lot width from the larger lot (currently 100 feet in width) will not reduce its lot below the re- quired 90-foot minimum width. Conclusion The City Staff believes the majority of 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 ap- proval of the lake setback variances and lot area for both properties and ap- proval of the lot width and the impervious surface variances for the smaller lot (14342 Watersedge Trail). 3 In the case of the impervious surface for the larger lot (14332 Watersedge Trail) City Staff believes that the size of the house (2,651 square feet) could be re- duced to allow for an impervious surface of under 30%. A reduction of 301 square feet could achieve this effort. By reducing the walkway to 3 feet in width (the walkway would then not be included in impervious surface calculations by ordinance) an amount of 87 feet could be eliminated leaving only a need for an- other 215 square feet to be eliminated from the house footprint to allow for a reasonable 2,436 square foot house. Another property in the neighborhood with similar lot size (approx. 10,500 square feet in lot area) that has been re- cently rebuilt upon does meet the impervious surface requirement of 30% maxi- mum of the total lot area. As a result, City Staff ultimately recommends tabling the item to a future Plan- ning Commission meeting if the applicant is willing to reduce the proposed house plan at 14332 Watersedge Trail to achieve an impervious surface of a maximum 30% of the total lot area. 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 small size of the properties. Dues to the required setbacks and impervious surface limitation, there would be very little allowable buildable area of the properties without approval of variances from the lake setback. In the case of the impervious surface for the larger of the lots (14332 Watersedge Trail) City Staff believes that the size of the house (2,651 square feet) could be reduced to allow for an impervious surface of under 30%. A reduction of 301 square feet could achieve this effort. By reducing the walkway to 3 feet in width (the walkway would then not be needed in impervious surface calculations by ordinance) an amount of 87 feet could be eliminated leaving only a need for another 215 square feet to be eliminated from the house footprint. (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- 4 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 lot size and lake setbacks are in harmony with these pur- poses and policies. The impervious surface for the larger lot could be re- duced below the 30% maximum requirement and still allow for a house footprint of 2,436 square feet which is a reasonable house. (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 small lot sizes creates a practical difficulty for the prop- erty owner to create a reasonable house without the requested variances for the smaller lot (14342 Watersedge Trail) however, City Staff believes a reasonable house could be constructed within the limitation of 30% im- pervious surface on the larger lot (14332 Watersedge Trail). (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 most the variances will not alter the essential character of the W atersedge Trail neighborhood. There are other riparian properties in this corridor with lot sizes, widths, and lake setbacks. Another property in the neighborhood with a similar lot size as 14332 Watersedge Trail that has been recently rebuilt upon does meet the impervious surface require- ment of 30% maximum of the lot area so City Staff believes this variance is not necessary. (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 14332 and 14342 Watersedge Trail with the listed conditions, or approve any variance the Planning Commission deems appropriate in the circumstances. 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 #2. 5 ATTACHMENTS: 1. Location Map 2. Existing survey dated 6-15-2015 3. Proposed survey dated 3-13-2017 4. Proposed House Renderings 5. Applicant Narrative dated 3-16-17 R U T G E R S S T N E W A T E R S E D G E T R L N E Lower Prior Lake Scott County GIS Ü 14332 & 14342 Watersedge Trail NE Variance Location Map LOWER PRIOR LAKEGD (904) PIKELAKE NE(820.5) Lower Prior Lake Scott County GIS SUBJECTPROPERTY SUBJECTPROPERTYSUBJECTPROPERTY