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Home My WebLink About5A 14332 & 14342 Watersedge Trail PC Report 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: MAY 1, 2017 AGENDA #: 5A PREPARED BY: PRESENTED BY: JEFF MATZKE, PLANNER JEFF MATZKE AGENDA ITEM: CONSIDER APPROVAL OF VARIANCES FROM THE MINIMUM LAKE SET- BACK, MAXIMUM IMPERVIOUS SURFACE, MINIMUM LOT WIDTH, AND MINIMUM LOT AREA, FOR A PROPERTY IN THE R-1 (LOW DENSITY RESI- DENTIAL) 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 On March 20, 2017, the Planning Commission held a public hearing regarding the variance requests. Comments from the applicant, his client, and a neighbor- ing property owner were taken (see attached minutes). After closing the public hearing, the Planning Commission tabled the decision on the matter until the full commission would be in attendance and advised the applicant and City Staff to continue dialog and try to find a solution related to the impervious surface request at 14332 Watersedge Trail. On April 17, 2017, the Planning Commission was in full attendance but at the written request of the applicant, the Planning Commission removed the item con- sideration from the meeting agenda. Since March 20th City Staff has had a few conversations with the Breeggemann’s (future home buyer for 14332 Watersedge Trail). City Staff identified possible areas of impervious removal for consideration in the driveway, porch, garage, or house area to reach the 30% maximum ordinance limit. The Breeggemann’s restated they would be willing to reduce the sidewalk area to 3 feet in width to eliminate 87 square feet. This would result in an approximate proposed 33.6% impervious surface maximum and a variance request of 3.6% over the 30% ordi- nance requirement. Also, on Thursday, April 27th, City Staff received a letter and attachments from the Breeggemanns which are attached to this report. These attachments highlight variance approvals for applications in previous years on other lakeshore properties. City Staff can answer any questions the Planning Commission may have regarding these other variance applications at the meet- ing. City Staff does maintain a recommendation of denial of the impervious surface request for 14332 Watersedge Trail. The reason for this recommendation of de- nial and suggested findings of fact can be found in the Conclusion and Issues sections of this report. Current Circumstances 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. The properties are 9,842 square feet (14332 Watersedge Trail) and 7,175 square feet (1442 Watersedge Trail) respectively. For both properties, the applicant seeks variances from the lake setback, impervious surface, lot area, (and lot width for 14342 Watersedge Trail). 3 Lake Setbacks: The properties are 105-120 feet in depth and are nonconforming lots 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 dwell- ings are 3 feet and 29 feet respectively. Many properties along the block have very similar situations for lake setbacks. Other nearby property setbacks average approximately 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% respectively; 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) to create a larger 60-foot-wide property therefore creating a more desirable 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 width below the required 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, City Staff recommends approval of the lake setback variances and lot area for both properties and approval of the lot width and the impervious surface variances for the smaller lot (14342 Watersedge Trail). In the case of the impervious surface for the larger lot (14332 Watersedge Trail) City Staff believes 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 included 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 to allow for a reasonable 2,436 square foot house. Another property in the neighborhood with similar lot size and 3-car garage located at 14380 Watersedge Trail (approx. 10,500 square feet in lot area) that has been recently rebuilt does meet the impervious surface require- ment of 30% maximum of the total lot area. At the March 20th Planning Commission Meeting, Hank Breeggemann indicated that the sidewalk reduction to 3 feet was a possibility, thereby reducing the im- pervious surface by 87 square feet to an approximate proposed 33.7% impervi- ous surface maximum (to be verified by an updated survey). City Staff believes an opportunity exists to remove more impervious surface in the driveway or housing pad to achieve a 30% maximum impervious surface amount and thereby eliminate this request for variance. Therefore, City Staff rec- ommends denial of the impervious surface request for 14332 Watersedge Trail based upon the findings of fact outlined in the Issues section of this report. Draft approval resolutions (one for each property) and a denial resolution (for 14332 Watersedge Trail impervious surface variance request) consistent with City 4 Staff’s recommendations are attached to this report. The Planning Commission may alter/eliminate these resolutions as they see fit per their ultimate decision. Any approval decision of variances shall be conditioned on approval of a plat waiver by the City Council to shift the current dividing property line which sepa- rates the two subject properties. 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 includ- ing the small size of the properties. Due to the required setbacks and im- pervious 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) the size of the house (2,651 square feet) could be re- duced to allow for an impervious surface of under 30% of the total lot area. According to the proposed survey record 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 of impervious surface to be eliminated from the site to achieve an impervious surface of 30% of the total lot area above a 904 elevation. (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 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 lot size and lake setbacks are in harmony with these purposes and policies. The impervious surface for the larger lot could be reduced below the 30% max- imum requirement and still allow for a house footprint of at least 2,436 square feet which is a reasonable house. 5 (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 property owner to create a reasonable house without the requested variances for the smaller lot (14342 Watersedge Trail) however, a reasonable house could be constructed within the limitation of 30% impervious surface re- quirement 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 Watersedge Trail neighborhood. There are other riparian properties in this corridor with lot sizes, widths, and lake setbacks. Another property in the neighborhood (14380 Watersedge Trail) with a similar lot size and 3- car garage situation as 14332 Watersedge Trail that has been recently re- built upon does meet the impervious surface requirement of 30% maximum of the lot area. Therefore, a similar lot situation in the neighborhood that was constructed under the current impervious surface ordinance require- ment does exist indicating that this variance is not necessary to conform to the neighborhood character. (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 a specific variance 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 a specific variance request because the Plan- ning Commission finds a lack of demonstrated practical difficulties under the zoning code criteria. RECOMMENDED MOTIONS: 3 Separate Motions: 1. Motion and a second to approve a resolution approving the lake setback variance and lot area variance requested for 14332 Watersedge Trail with 6 the listed conditions, or approve any variance the Planning Commission deems appropriate in the circumstances. 2. Motion and a second to approve a resolution approving the lake setback variance, impervious surface variance, and lot area and lot width variance requested for 14342 Watersedge Trail with the listed conditions, or ap- prove any variance the Planning Commission deems appropriate in the circumstances. 3. Motion and a second to approve a resolution denying the impervious sur- face variance requested for 14332 Watersedge Trail because the Plan- ning Commission finds a lack of demonstrated practical difficulties under the zoning code criteria. ATTACHMENTS: 1. Location Map 2. Existing survey dated 6-15-2015 3. Proposed survey dated 3-13-2017 4. Proposed House Renderings 5. Breeggemann letter with attachments 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 17-XXPC A VARIANCE FROM THE MINIMUM LAKE SETBACK AND MINIMUM LOT AREA AND LOT WIDTH TO CONSTUCT A NEW HOME IN THE R1-SD (LOW DENSITY RESIDENTIAL SHORELAND) ZONING DISTRICT Motion By: Second By: WHEREAS, The Prior Lake Planning Commission, acting as the Board of Adjustment conducted a public hearing on March 20, 2017 to consider a request from Copper Creek Real Estate Group, Inc. to approve variances on a property in the R1-SD (Low Density Residential Shoreland) Zoning District at the following property: 14332 Watersedge Trail NE, Prior Lake, MN 55372 All of Lot 10 and that part of Lot 11, which lies west of the East 10.00 feet thereof, all in Boudin’s Manor, according to the recorded plat thereof, Scott County, Minnesota. (PID 25-119-007-0) 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 variances as contained in Case #DEV17-001006 and held a hearing thereon on March 20, 2017; and WHEREAS, The Planning Commission continued discussion of the variance requests at a meeting on May 1, 2017. 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, ACTING AS THE BOARD OF ADJUSTMENT, 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 2 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 small size of the properties. Due to the required setbacks, there would be very little allowable buildable area of the properties without approval of a variance from the lake setback. b. The granting of the Variances is in harmony with the general purposes and intent of the City Subdivision and Zoning Ordinances and the Comprehensive Plan. The granting of the lake setback and lot area variances is 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 lot size and lake setbacks are 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 9,842-square foot lot size creates a practical difficulty for the property owner to create a reasonable house without variances from the lake setback and lot area for 14332 Watersedge Trail. 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 lake setback and lot area variances will not alter the essential character of the Watersedge Trail neighborhood in relation to similar sized and shaped properties. There are other riparian properties in this corridor with lot sizes and lake setbacks. 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 lake setback and lot area 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 single-family dwelling in the R-1 (Low Density Residential) Zoning District: a. A 21.0-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 (Section 1104.308). b. 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)) 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. 3 b. These variance approvals shall be conditioned on approval of a plat waiver by the City Council to shift the current dividing property line which separates the two subject properties. The dividing property line would be proposed to shift 10 feet to the west. PASSED AND ADOPTED THIS 1ST DAY OF MAY, 2017. _______________________________ Bryan Fleming, Commission Chair ATTEST: _________________________________ Jeff Matzke, Planner VOTE Fleming Tieman Petersen Kallberg Ringstad Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 17-XXPC A VARIANCE FROM THE MINIMUM LAKE SETBACK, MAXIMUM IMPERVIOUS SURFACE, AND MINIMUM LOT AREA AND LOT WIDTH TO CONSTUCT A NEW HOME IN THE R1-SD (LOW DENSITY RESIDENTIAL SHORELAND) ZONING DISTRICT Motion By: Second By: WHEREAS, The Prior Lake Planning Commission, acting as the Board of Adjustment conducted a public hearing on March 20, 2017 to consider a request from Copper Creek Real Estate Group, Inc. to approve variances on a property in the R1-SD (Low Density Residential Shoreland) Zoning District at the following property: 14342 Watersedge Trail NE, Prior Lake, MN 55372 Lot 12 and the East 10.00 feet of Lot 11, Boudin’s Manor, according to the recorded plat thereof, Scott County, Minnesota. (PID 25-119-008-0) 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 #DEV17-001006 and held a hearing thereon on March 20, 2017; and WHEREAS, The Planning Commission continued discussion of the variance request at a meeting on May 1, 2017. 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, ACTING AS THE BOARD OF ADJUSTMENT, 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. 2 There are practical difficulties in complying with the strict terms of the Ordinance. This residential property has some unique characteristics including the small size of the properties. Due to the required setbacks and impervious surface limitation, there would be very little allowable buildable area of the properties without approval of a variance from the lake setback and impervious surface requirement. b. The granting of the Variances is 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 lot size and lake setbacks are 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 small lot size creates a practical difficulty for the property owner to create a reasonable house without variances from the lake setback, lot area, and impervious surface requirement for 14342 Watersedge Trail. 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 Watersedge Trail neighborhood in relation to similar sized and shaped properties. There are other riparian properties in this corridor with lot sizes, widths, and lake setbacks. 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 single-family dwelling in the R-1 (Low Density Residential) Zoning District: a. A 16.6-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 (Section 1104.308). b. A 3.7% variance from the 30% maximum impervious surface requirement for a residential property in the Shoreland District (Section 1104.306 & Section 1104.902 (1)) c. 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 required for development of a nonconforming lot of record (Section 1104.302 (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. 3 b. These variance approvals shall be conditioned on approval of a plat waiver by the City Council to shift the current dividing property line which separates the two subject properties. The dividing property line would be proposed to shift 10 feet to the west. PASSED AND ADOPTED THIS 1ST DAY OF MAY, 2017. _______________________________ Bryan Fleming, Commission Chair ATTEST: _________________________________ Jeff Matzke, Planner VOTE Fleming Tieman Petersen Kallberg Ringstad Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 17-XXPC DENIAL OF A VARIANCE FROM THE MAXIMUM IMPERVIOUS SURFACE REQUIREMENT TO CONSTUCT A NEW HOME IN THE R1-SD (LOW DENSITY RESIDENTIAL SHORELAND) ZONING DISTRICT Motion By: Second By: WHEREAS, The Prior Lake Planning Commission, acting as the Board of Adjustment conducted a public hearing on March 20, 2017 to consider a variance request from Copper Creek Real Estate Group, Inc. to allow construction of a single family dwelling on a property in the R1-SD (Low Density Residential Shoreland) Zoning District at the following property: 14332 Watersedge Trail NE, Prior Lake, MN 55372 All of Lot 10 and that part of Lot 11, which lies west of the East 10.00 feet thereof, all in Boudin’s Manor, according to the recorded plat thereof, Scott County, Minnesota. (PID 25-119-007-0) 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 variances as contained in Case #DEV17-001006 and held a hearing thereon on March 20, 2017; and WHEREAS, The Planning Commission continued discussion of the variance requests at a meeting on May 1, 2017. 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, ACTING AS THE BOARD OF ADJUSTMENT, OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The Planning Commission hereby adopts the following findings: 2 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. In the case of the impervious surface for the larger of the lots (14332 Watersedge Trail) the size of the house (2,651 square feet) could be reduced to allow for an impervious surface of under 30% of the total lot area. According to the proposed survey record a reduction of 301 square feet could achieve this effort. The applicant has indicated a reduction of the walkway impervious surface yet an impervious surface of 33.6% of the total lot area would remain. 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 of impervious surface to be eliminated from the site to achieve an impervious surface of 30% of the total lot area above a 904 elevation. b. The granting of the Variances is in harmony with the general purposes and intent of the City Subdivision and Zoning Ordinances and the Comprehensive Plan. The impervious surface for the larger lot could be reduced below the 30% maximum requirement and still allow for a house footprint of at least 2,436 square feet which is a reasonable house. 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. A reasonable house with a footprint of at least 2,436 square feet could be constructed within the limitation of 30% impervious surface maximum requirement at 14332 Watersedge Trail. 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. Another property in the neighborhood (14380 Watersedge Trail) with a similar lot size and 3-car garage situation as 14332 Watersedge Trail that has been recently rebuilt upon does meet the impervious surface requirement of 30% maximum of the lot area. Therefore, a similar lot situation in the neighborhood that was constructed under the current impervious surface ordinance requirement does exist indicating that this variance is not necessary to conform to the neighborhood character. 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 impervious surface variance would allow construction of a residential dwelling which is an allowed use within the R-1 (Low Density Residential) Zoning District. 3 3. Based upon the findings set forth herein, the Planning Commission hereby denies the following variance based on the above findings to allow a construction of a single-family dwelling in the R-1 (Low Density Residential) Zoning District: a. A 3.6% variance from the 30% maximum impervious surface requirement for a residential property in the Shoreland District (Section 1104.306 & Section 1104.902 (1). PASSED AND ADOPTED THIS 1ST DAY OF MAY, 2017. _______________________________ Bryan Fleming, Commission Chair ATTEST: _________________________________ Jeff Matzke, Planner VOTE Fleming Tieman Petersen Kallberg Ringstad Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ 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 Hank & Carol Breeggemann 12087 E Bella Vista Circle Scottsdale , AZ 85259 612-803-6809 / 612-419-2525 hlbreeggemann@gmail.com cbreeggemann@gmail.com April 27, 2017 Prior Lake Planning Commission & Jeff Matzke City Planner 4646 Dakota Street SE Prior Lake, MN 55372 To: Prior Lake Planning Commissioners & Mr. Matzke This letter is in reference to the current variance requests before the Planning Commission in relation to the redevelopment of two properties by Copper Creek Real Estate Group which are located at 14332 Watersedge Trail & 14342 Watersedge Trail in Prior Lake, MN 55372. We purchased the property located at 14332 Watersedge Trail on January 31st, 2017 with the sole intent to replace and signiﬁcantly improve the current existing property in a reasonable manner while protecting the harmony of the neighborhood and the adjoining property characteristics. We believe that the current variance requests are justiﬁed based upon the following list of reasons. Lake Setback: The property is 120’ in depth and meets area standards for a nonconforming lot. We are proposing a setback variance to 29’ feet vs. 50’ foot requirement which is a signiﬁcant improvement over the current setback of the property which is only 3’ feet. This will result in a signiﬁcant improvement towards the current 50’ guideline and improved protection of the lake and area watershed. Lot Area/Width: The current property is nonconforming in nature at 9.842 sq. ft. and well below the current area requirement of 15,000 sq. ft. The current lot width is 100’ and we are also proposing to transfer 10 feet in lot width to the adjacent lot at 14342 Watersedge Trail. This transfer does not reduce our property below the current requirement of 90’ and improves the adjoining property building pad desirability. This transfer will result in adjoining lots of 90 ‘ and 60’ respectfully, improving the harmonious nature of the neighborhood and its visual appeal. We are requesting a lot area variance of 5,158 sq. ft. It is also worth noting that the current homesite property does not meet current side yard setbacks and is only a foot from the east property line. Our proposal would remedy the current property setback concern by meeting the side yard guideline while including the transfer of 10’ feet of width to adjoining lot making it 60’ in width. Impervious Surface: The current property at 14332 Watersedge Trail has an impervious calculation of 53% and our proposed project has a calculation of 33.6% which is a signiﬁcant 37% improvement over the current impervious surface area and reduces the impervious surface by nearly 20 percentage points. This is a real reduction to the current impervious surface area and would bring the proposed redevelopment project well within the impervious surface area averages for this neighborhood as stated by city staff. City staff stated “estimated totals ranging from 31% - 42% impervious surface per lot” for this neighborhood. (It should be noted that the vast majority of lots in this neighborhood are non conforming lots). This information is contained within a document prepared by the city planner dated June 10th, 2013. (See Attachment) The impervious calculation of 33.6% is inclusive of the transfer of 10’ in property width and spreads the impervious area more broadly across the entire 150’ project width contained in the redevelopment of these two lots. The overall redevelopment improvements by Cooper Creek for these two lots are substantial and real, not only for the lake, but also the city and the neighborhood. This fact is evident by the recent public hearing held March 20th where no opposition to these redevelopment proposals were voiced by the general public. We appreciate your prompt consideration and approval for all the requested variances. Thank You Hank & Carol Breeggemann o P O P ti v 4646 Dakota Street SE Prior Lake, MN 55372 INSO CITY COUNCIL AGENDA REPORT MEETING DATE: JUNE 10, 2013 AGENDA #:9B PREPARED BY:JEFF MATZKE, PLANNER PRESENTED BY: JEFF MATZKE AGENDA ITEM:CONSIDER APPROVAL OF A RESOLUTION WITH RESPECT TO AN AP- PEAL OF THE PLANNING COMMISSION'S DECISION TO APPROVE VARI- ANCES FROM THE MINIMUM LAKESHORE STRUCTURE SETBACK, MINI- MUM FRONT YARD, MINIMUM SUM OF THE SIDE YARD SETBACKS, MIN- IMUM BUILDING SEPARATION, MAXIMUM IMPERVIOUS SURFACE, AND MINIMUM LOT AREA FOR A PROPERTY IN THE R-1 (LOW DENSITY RESI- DENTIAL) ZONING DISTRICT AT 14354 WATERSEDGE TRAIL DISCUSSION:Introduction Robert Miller has appealed the decision of the Planning Commission to approve variances for a property located at 14354 Watersedge Trail NE. The property is located along the northeastern shores of Lower Prior Lake, west of Trunk High- way 13, south of Rutgers Street. The site is currently vacant. The following variances were approved by the Planning Commission: I A 15 foot variance from the required minimum 20 foot front yard set-I back using the average front yard setbacks of the adjacent proper- ties (Section 1102.405 (5)) A 9. 8% variance from the 30 % maximum impervious surface re- quirement for a residential property in the Shoreland District (Section 1104.306 & Section 1104.902 (1)) A 13.3 foot variance from the required minimum 50 foot structure setback from the Ordinary High Water (OHVI elevation of Prior Lake using the average lake setbacks of adjacent properties (Section 1104.308). A 3.4 foot variance from the minimum 15 foot separation between all structures on the nonconforming lot and on the adjoining lot. (Sec- tion 1101.502 (7)). A 2.1 foot variance from the minimum 15 foot sum of the side yard requirement (section 1101.502 (7)) An 1, 830 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)) Histor On April 1, 2012 the Planning Commission held a public hearing to consider the variance requests. At the meeting various comments were raised by both members of the public and the Planning Commission. The Planning Commis- sion voted to continue discussion of the item and directed the variance applicant Jason Miskowic) to provide additional information and plan alternations regard- ing the following: Consider increasing the side yard setback width to allow for increased storm water drainage areas and a possible reduction of impervious sur- face Provide a cross-section drawing that displays elevations of the proposed house in comparison to adjacent properties. Provide clarification regarding the deed of property along the lakeshore On April 29, 2013 the Planning Commission continued discussion of the vari- ances. Mr. Miskowic provided a revised floor plan of the house (see attach- ment) which indicated a 2 foot reduction in width of 37 feet rather than the origi- nal 39 foot width design. Mr. Miskowic had not yet revised the survey to reflect this design change; however, the change would result in an increased side set- back along the west property line from the original proposed 5.3 feet to 7.3 feet. Mr. Miskowic also indicated he had closed the purchase of the lot since the April 1St public hearing meeting, indicating his level of commitment to the project, and was still working with his builder to complete the revised survey and cross sec- tion as requested. Also, Mr. Miskowic completed a title review of the waterfront area in search of any deed along the lakeshore and found no encumbrances regarding lakeshore access ownership. Upon further investigation City Staff also determined this issue to not have bearing on the specific variance requests at hand regardless of the legal ownership determination. At the meeting, the City Engineer presented a cross section sketch to explain the method by which storm water drainage is typically addressed on narrow lakeshore properties. After further discussion (see attached minutes) the Planning Commission ap- proved the variances as presented with the added condition that Mr. Miskowic revises the survey to indicate a 7.3 foot side yard setback along the west prop- erty line (this survey has since been revised accordingly and submitted to the City). On Monday, May 6, 2013 the City received an application from Robert Miller to appeal the variances approval decision of the Planning Commission to the City Council (see attached appeal letter). On May 28, 2013 the City Council held a public hearing for the appeal of the variances. After hearing concerns relating to storm water drainage, number of variances requested, and tree impacts, and setbacks, the City Council voted to table the item to a future meeting. The City Council directed Mr. Miskowic to have discussions with City Staff regarding storm water drainage mitigation techniques which could be applied to the property prior to the Council's further consideration of the variance requests to address the proposed 39% impervious surface request. Mr. Miskowic has submitted the attached letter detailing mitigation techniques he plans to incorporate into the lot design. It is the staff's belief that the tech- niques proposed do substantially address the impervious surface variance re- 2 quested. The techniques have therefore been incorporated in the approving resolution. As part of the implementation of a rain garden a maintenance agreement detailing the property owner's obligations is recommended by City Staff to ensure the long term maintenance of the storm water feature. This practice has been more typically applied on commercial properties in the past. Current Circumstances The property is zoned R-1 (Low Density Residential), and is guided R-LD (Ur- ban Low Density) on the 2030 Comprehensive Plan Land Use Map. Mr. Miskowic proposes to construct a new 2-story home and attached 2-car garage onsite with a 1,948 sq. ft. footprint. The lot is low in elevation in compar- ison to the waters of Prior Lake; therefore it is not possible to add a basement to the property. Mr. Miskowic proposes to raise the grade of a portion of the prop- erty to allow the lowest floor of the proposed house to be at or above an eleva- tion of 909.9 as is required by the Floodplain Ordinance. Small retaining walls will be constructed along the side property lines to allow the grade to be elevat- ed above the floodplain elevation of Prior Lake. The property is 50 feet in width and 5,670 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. Mr. Miskowic proposes a house that is 37 feet in width at its maximum but will remain over 5 feet from both side property lines. Also, Mr. Miskowic proposes to place the house 15 feet from the front property line and 36.7 feet from the high water mark of Prior Lake. All of these setbacks have similarities that are within character of the neighborhood as can be identified on the adjacent surveyed lots. The current City Ordinance requires a maximum of 30% impervious surface per property; the proposed impervious surface indicated for the lot is 39.8% of the total lot area. A review of existing impervious surface amounts for other nearby proper- ties within this neighborhood indicate estimated totals ranging from 31%-42% impervious surface per lot (see attached information). 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 fami- ly dwelling, this property has been valued and assessed as a buildable lot for single family dwelling purposes for many years. The result of denying a single family dwelling use upon the property could result as a legal taking from the property. ISSUES:This project includes a request for six variances. Section 1108.400 states that the Board of Adjustment may grant a variance from the strict application of the provisions 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. It appears practical difficulties exist for the applicant in this case. This 3 residential property has some unique characteristics including the narrow and small size of the property. The allowed buildable area of the proper- ty which could be utilized without approval of variances from the lake, front, and side yard setbacks, and impervious surface maximum is ap- proximately 875 square feet with an impervious surface area of 1,700 sq ft. It does not appear practical to construct a reasonable lake home with- in these limitations. 2) 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, public land and public areas" and "enhance the aesthetic character and appear- ance 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. 3) The granting of the Variance is necessary to permit the reasonable use of the property involved. The variances are necessary to use the property in a reasonable manner. The 1,948 sq. ft. proposed footprint for the structure is a reasonable- sized lake home given the size, shape, and lot constraints of the proper- ty. 4) 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 has unique characteristics including a small and narrow nonconforming lot area in which to construct a lake home and a low elevation which would not allow a basement. 5) 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, the proposed house is within line of the adjacent houses on either side and has similar setbacks and lot conditions. 6) 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. 4 7) The granting of the Variance is necessary to alleviate an inadequate access to direct sunlight for solar energy systems. The granting of the variances will not be necessary to alleviate any hard- ships of the inability to use solar energy systems. Conclusion: City staff believes the variances requested are warranted due to the lot con- straints unique to the property and practical difficulties as stated above in the findings. As of this date the applicant has not yet revised the survey plan, there- fore the Planning Commission attached the condition that Mr. Miskowic revises the survey to indicate a 7.3 foot side yard setback along the west property line. City Staff has recently received an updated survey (attached) reflecting the set- back change to 7.3 feet from the west property line. City Staff and the Planning Commission would recommend approval of the variances as presented subject to the following conditions: This resolution must be recorded at Scott County within 60 days of adoption. Proof of recording, along with the acknowledged City Assent Form, shall be submitted to the Community & Economic Development Department prior to the issuance of a building permit. ALTERNATIVES: 1. Uphold the decision of the Planning Commission to approve the variances. The attached resolution is consistent with this action and incorporates find- ings of fact supporting the proposed action to be taken as well as the addi- tional mitigation techniques desired by the city council. 2. Overturn the decision of the Planning Commission and deny the variances. In this case, the City Council should direct staff to prepare a resolution with findings of fact denying the requested variances for consideration at the next City Council meeting. 3. Table or continue discussion of the item for specific purpose. RECOMMENDED City Staff recommends Alternatives #1. MOTIONS: EXHIBITS:1. Resolution 13-XX 2. Letter from the applicant identifying mitigation actions. 3. Resolution 13-XX 4. Location Map 5. Letter of Appeal of the Planning Commission's decision 6. Revised Survey received 5-22-13 7. Oriqinal Survey received 3-21-13 8. Revised Conceptual Floor Plans 9. Oriqinal Conceptual Floor Plans 10. Resolution 13-04PC 11. April 1, 2013 Planning Commission Meeting Minutes 12. April 29, 2013 Planning Commission Meeting Minutes 13. Neighborhood zoning information estimates 5