HomeMy WebLinkAbout17-094 14332 Watersedge Trail Variance Appeal Denial
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 17-094
RESOLUTION TO UPHOLD THE DECISION OF THE PLANNING COMMISSION TO DENY A
VARIANCE FROM THE MAXIMUM IMPERVIOUS SURFACE REQUIREMENT AT 14332
WATERSEDGE TRAIL NE
Motion By: Braid Second By: Briggs
WHEREAS, Copper Creek Real Estate Group, Inc., on behalf of the property owner, Hank and
Carol Breeggemann, requested a variance from the maximum impervious surface
to construct a new single family residential dwelling on a property in the R-1(Low
Density Residential) Zoning District at the following described 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 25-119-010-0)
WHEREAS, The Planning Commission, acting as the Board of Adjustment, reviewed the
application for the variance as contained in Case #DEV17-001006, held a public
hearing thereon March 20, 2017, and continued their discussion of the item on May
1, 2017; and
WHEREAS, The Planning Commission concluded the variance was not consistent with the
criteria set forth in Section 1108.406 of the Zoning Ordinance, and denied the
variance; and
WHEREAS, Hank and Carol Breeggemann, the property owner of the subject property,
appealed the decision of the Planning Commission to the City Council; and
WHEREAS, The City Council reviewed the appeal of the Planning Commission’s decision, and
the information contained in Case #DEV17-001006 and #DEV17-001014, and held
a hearing thereon on June 12, 2017.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The City Council makes the following findings:
a. The decision of the Planning Commission was properly and timely appealed in
accordance with Section 1108.409 of the City Code.
b. 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 33.7% of the total lot area remains. By reducing the
walkway to 3 feet in width the walkway is not included in impervious surface
calculations by ordinance. Therefore, amount of 87 feet was eliminated leaving 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.
c. The impervious surface for the larger lot (14332 Watersedge Trail) 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.
d. 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.
e. 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.
f. 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. The contents of Planning Case #DEV17-1006 and DEV17-001014 are hereby entered
into and made a part of the public record and the record of decision for this case.
4. Based upon the Findings set forth above, the City Council hereby upholds the decision
of the Planning Commission to deny the following variance:
a. 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))
Passed and adopted by the Prior Lake City Council this 12th day of June, 2017.
VOTE Briggs McGuire Thompson Braid Burkart
Aye ☒ ☒ ☐ ☒ ☒
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☒ ☐ ☐
______________________________
Frank Boyles, City Manager