HomeMy WebLinkAbout4C 4207 Quaker Trail NE PC Report
4646 Dakota Street SE
Prior Lake, MN 55372
PLANNING COMMISSION AGENDA REPORT
MEETING DATE: APRIL 17, 2017
AGENDA #: 4C
PREPARED BY:
PRESENTED BY:
JEFF MATZKE, PLANNER
CASEY MCCABE, COMMUNITY DEVELOPMENT SPECIALIST
AGENDA ITEM: HOLD A PUBLIC HEARING AND CONSIDER APPROVAL OF A RESOLUTI-
ION APPROVING VARIANCES FROM THE MINIMUM LAKE SETBACK AND
GRADING IN THE BLUFF IMPACT ZONE FOR A PROPERTY IN THE R-1
(LOW DENSITY RESIDENTIAL) ZONING DISTRICT
DISCUSSION: Introduction
Jon Gleisner, on behalf of Prior Lake RE LLC, is requesting variances to allow
major remodeling of a home on a property located at 4207 Quaker Trail NE. The
property is located along the northern shores of Lower Prior Lake, south of Lords
Street. The property currently contains a single family home. The following var-
iances are requested with the proposed survey:
A 35.2-foot variance from the required minimum 75-foot structure setback
from the Ordinary High Water (OHW) elevation of Prior Lake (Section
1104.302 (4))
A variance to allow re-grading within a bluff impact zone (Section 1104.303)
Regulation Minimum Proposed Variance
Lake Setback (from 904 elevation) 75’ 39.8’ 35.2’
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 1955.
Current Circumstances
The property is 16,687 square feet with a steep sloped front yard and building
pad area. The proposed impervious surface area is approximately 25% of the
total lot area (the City Ordinance allows a maximum impervious surface amount
of 30% of the total lot area).
Setbacks: The applicant proposes to complete a major remodel to the existing
house footprint and deck area as well as construction of a 3-car attached garage.
Similar to the deck area setback of the property to the east (4221 Quaker Trail
NE) the deck/stairs area are 37 feet away from the 904 elevation. The applicant
has indicated removal of the stairway in the existing location which would in-
crease the minimum lake setback to 39.8 feet. If the applicant chose to relocate
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the existing house/deck further from the lake it would impact a large amount of
the natural bluff slope and wooded area located in the front yard of the property.
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 existing house, therefore the entire
house and all elevations below it to the shores of Prior Lake are within the bluff
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.
The applicant proposes minimal grading to the natural bluff areas to allow for a
series of short retaining walls at the front of the house to stabilize the area near
the existing foundation walls.
Conclusion
The City Staff believes the variances requested are warranted due to the lot con-
straints unique to the property and practical difficulties as stated in the findings in
this report. The lake setback is proposed to increase by over 2.5 feet from the
existing setback situation (39.8 feet proposed vs. 37.0 feet existing) and the ap-
plicant identifies a minimal amount of grading within the natural bluff slope areas.
Most of the construction for the attached garage will take place within previously
impacted slope area where a stairway and retaining wall system currently exist.
Therefore, the City Staff recommends approval of the requested 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 steep slope of the property. Dues to the required setbacks
and bluff regulations, there would be a limited 500-600 square foot build-
able area of the property without approval of variances from the lake set-
back or bluff impact zone.
(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.
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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
major remodel of this residential house is in harmony with these pur-
poses 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 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
Quaker Trail neighborhood. There are other riparian properties in this
corridor with similar slope conditions, 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 4207 Quaker Trail NE 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 #1.
ATTACHMENTS: 1. Resolution 17-XXPC
2. Location Map
3. Proposed Survey dated 4-11-17
4. Building Elevation dated 2-28-17
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4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 17-XXPC
VARIANCES FROM THE MINIMUM LAKE SETBACK AND 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
April 17, 2017, to consider a request from Jon Gleisner, on behalf of Prior Lake RE LLC, to approve
variances to allow major remodeling of a single-family dwelling within the bluff impact zone located in the
R1SD (Low Density Residential Shoreland) Zoning District at the following property:
4207 Quaker Trail NE, Prior Lake, MN 55372
Legal Description:
MAPLE PARK SHORE ACRES Lot 025 & Lot 026, Scott County, Minnesota (PID 25-036-023-0)
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-
001010 and held a hearing thereon on April 17, 2017; 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 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 steep slope of the property. Dues to the
required setbacks and bluff regulations, there would be a limited 500-600 square foot buildable area of
the property without approval of variances from the lake setback or bluff impact zone.
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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 major remodel of this 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 Quaker Trail neighborhood.
There are other riparian properties in this corridor with similar slopes, 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 major remodeling of a house in the R-1 (Low Density Residential) Zoning District:
a. A 35.2-foot variance from the required minimum 75-foot structure setback from the Ordinary High Water
(OHW) elevation of Prior Lake (Section 1104.302 (4)
b. A variance to allow re-grading and construction 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.
PASSED AND ADOPTED THIS 17th DAY OF APRIL, 2017.
_______________________________ Brian Fleming, Commission Chair
ATTEST: _________________________________
Jeff Matzke, Planner
VOTE Fleming Kallberg Peterson Ringstad Tieman
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
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Lower Prior Lake
Scott County GIS
Ü
4207 Quaker Trail NE Variance Location Map
LOWER PRIOR LAKEGD
(904)
MYSTICLAKE
NE
ARTICLAKE
NE(906.7)
Lower Prior Lake
Scott County GIS
SUBJECTPROPERTY
SUBJECTPROPERTY