HomeMy WebLinkAbout4B Shady Beach Trl. Variance
4646 Dakota Street SE
Prior Lake, MN 55372
PLANNING COMMISSION AGENDA REPORT
MEETING DATE: JULY 17, 2017
AGENDA #: 4B
PREPARED BY:
PRESENTED BY:
CASEY McCABE, COMMUNITY DEVELOPMENT DIRECTOR
CASEY McCABE
AGENDA ITEM: PUBLIC HEARING AND CONSIDER APPROVAL OF A RESOLUTIION AP-
PROVING VARIANCES FROM THE MINIMUM STRUCTURE LAKE SETBACK,
MAXIMUM IMPERVIOUS SURFACE COVERAGE, MINIMUM LOT AREA AND
MINIMUM ACCESS ELEVATION FOR A PROPERTY IN THE R-1 SD (LOW
DENSITY RESIDENTIAL SHORELAND) ZONING DISTRICT
DISCUSSION: Introduction
Copper Creek Development is requesting variances from the minimum structure
setback from the Ordinary High Water (OHW) elevation; the maximum impervi-
ous surface requirement; the minimum lot area for development of a nonconform-
ing lot of record; and minimum elevation for vehicular access to allow the con-
struction of a single-family home on a property located at 14468 Shady Beach
Trail NE. The property is currently vacant and is located along the northern shore
of Lower Prior Lake, south of Shady Beach Trail, on Lot 4, Shady Beach No. 2
(PID 250460040).
The following variances are requested:
➢ A 30.16-foot variance from the required minimum 50-foot structure setback
from the Ordinary High Water (OHW) elevation of Prior Lake using the aver-
age lake setbacks of adjacent properties (Subsection 1104.308 (2))
➢ A 3.8% variance from the 30% maximum impervious surface requirement for
a residential property in the Shoreland District (Subsections 1104.306 &
1104.902 (1))
➢ A 58-square foot variance from the minimum 7,500 square foot lot area re-
quired for development of a nonconforming lot of record (Subsection
1104.902 (1))
➢ A 2.2-foot variance from the required minimum vehicular access elevation of
906.9 feet (Subsection 1105.402 (4))
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 is
currently vacant.
Regulation Minimum Proposed Variance
Lake Setback (averaging allowed, 2 adjacent lots)50'19.84'30.16'
Maximum Impervious Surface 30% max.33.80%3.80%
Lot Area (Shoreland nonconforming lots)7,500 SF 7,442 SF 58 SF
Minimum Elevation for Vehicular Access 907.9'905.7'2.2'
2
Current Circumstances
The applicant is proposing to construct a single-family home on the vacant lot.
The low density residential lot is 7,442 square feet in area and the vehicular ac-
cess point is at a 905.7’ elevation. The applicant is proposing an impervious
surface coverage of 33.8% and a structure setback of 19.84 feet from the OHW.
Lake Setback: The applicant is proposing the structure would be located a min-
imum 19.84 feet from the 904’ OHW elevation in the rear yard. The average
structure setback distance of properties to the immediate east and west of the
subject property, as identified on the survey, is 13.45 feet.
Impervious Surface Coverage: The current City Ordinance requires a maxi-
mum of 30% impervious surface per residential property in the Shoreland District.
The applicant is proposing an impervious surface area of 33.8% of the total lot
area above the OHW.
Lot Area: The lot area of the subject property is 7,442 square feet. While the
Shoreland Ordinance does require a lot to be a minimum of 7,500 square feet for
development of the property into a single-family dwelling, this property has been
valued and assessed as a buildable lot for single-family dwelling purposes for
many years.
Minimum Vehicular Access Elevation: Residences are required by City Code
to have vehicular access at or above an elevation not more than 2 feet below the
regulatory flood protection elevation. The regulatory flood protection elevation of
Prior Lake is 909.9’ which requires an access point above 907.9’. The site has
an access point of 905.7’, requiring a 2.2’ variance.
While not requiring a variance, the garage floor (not the dwelling portion of the
house) is proposed to be constructed with a finished garage floor elevation of
908.10, which is located below the regulatory flood protection elevation of 909.9’.
Floodproofing techniques are proposed which would allow water to flow into and
out of the garage in the event of a flood. These techniques are required per
FEMA and state flood plain regulations for structures constructed below the reg-
ulatory floodplain elevation. The garage cannot be located at a higher elevation
without creating a steep driveway situation greater than permitted by City Ordi-
nance (10% max.) or lengthening the driveway thereby reducing the lake setback
of the home even further than proposed.
Conclusion
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
below. City staff does recommend the following conditions be included with the
variance approval:
➢ The variance resolution shall be recorded at Scott County.
➢ An acknowledged City Assent Form shall be submitted to the Community De-
velopment Department prior to the issuance of a building permit.
➢ Due to its proposed elevation below the regulatory floodplain of Prior Lake,
the attached accessory garage shall be floodproofed according to FP-3 or
FP-4 floodproofing classification in the State Building Code.
3
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 nonconforming lot area and low lot 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 states, “it is
in the best interests of the public health, safety, and welfare to provide for
the wise development of shoreland of public waters.”
(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 small lot area of 7,442 square feet and low lot elevation are circum-
stances unique to this property are do not result from actions of the prop-
erty owner.
(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
Shady Beach Trail neighborhood. There are many riparian properties in
this area with similar lot conditions.
(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.
4
ALTERNATIVES: 1. Motion and a second to approve a resolution approving the variances re-
quested for 14468 Shady Beach Trail NE with the listed conditions, or ap-
prove any variance the Planning Commission deems appropriate.
2. 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.
3. Motion and a second to table or continue discussion of the item for specific
purpose as directed by the Planning Commission.
RECOMMENDED
MOTIONS:
Alternative #1.
ATTACHMENTS: 1. Location Map
2. Property Survey
1
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 17-XXPC
VARIANCES FROM THE MINIMUM STRUCTURE SETBACK FROM THE ORDINARY HIGH WATER ELEVATION;
THE MAXIMUM IMPERVIOUS SURFACE REQUIREMENT; THE MINIMUM LOT AREA FOR DEVELOPMENT OF
A NONCONFORMING LOT OF RECORD; AND MINIMUM ELEVATION FOR VEHICULAR ACCESS
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
July 17, 2017, to consider a request from Copper Creek Development to approve variances to allow for
the construction of a single-family dwelling located in the R1-SD (Low Density Residential Shoreland)
Zoning District at the following property:
14468 Shady Beach Trail NE, Prior Lake, MN 55372
Legal Description:
Lot 4, Shady Beach No. 2 (PID 250460040); and
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-
001028 and held a hearing thereon on July 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, 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:
(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 Ordinance. This residential property
has some unique characteristics including the nonconforming lot area and low lot elevation.
2
(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
development of the residential, business, industrial, public land, and public areas”. Furthermore , the
Shoreland Ordinance (Section 1104) policy states, “it is in the best interests of the public health, safety,
and welfare to provide for the wise development of shoreland of public waters.”
(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 small lot area of 7,442 square feet and low lot elevation are circum-stances unique to this property
are do not result from actions of the property owner.
(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 Shady Beach Trail neighborhood.
There are many riparian properties in this area with similar lot conditions.
(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.
3. Based upon the findings set forth herein, the Planning Commission hereby approves the following variances
to allow the construction of a single-family residential dwelling in the R-1 (Low Density Residential) Zoning
District:
a. A 30.16-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 (Subsection
1104.308 (2))
b. A 3.8% variance from the 30% maximum impervious surface requirement for a residential property in the
Shoreland District (Subsections 1104.306 & 1104.902 (1))
c. A 58-square foot variance from the minimum 7,500 square foot lot area required for development of a
nonconforming lot of record (Subsection 1104.902 (1))
d. A 2.2-foot variance from the required minimum vehicular access elevation of 906.9 feet (Subsection
1105.402 (4))
4. The variances are subject to the following conditions of approval:
a. The variance resolution shall be recorded at Scott County.
b. An acknowledged City Assent Form shall be submitted to the Community Development Department prior
to the issuance of a building permit.
c. Due to its proposed elevation below the regulatory floodplain of Prior Lake, the attached accessory
garage shall be floodproofed according to FP-3 or FP-4 floodproofing classification in the State Building
Code.
PASSED AND ADOPTED THIS 17th DAY OF JULY 2017.
Bryan Fleming, Commission Chair
ATTEST:
Casey McCabe, Community Development Director
VOTE Fleming Kallberg Petersen Ringstad Tieman
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
BIRCHWOOD AV NE
S H A D Y B E A C H T R L N E
14454
14458
14476
5787
5715 5745
14472
5782
5731
5763
5794
5775
14464
14480
5770 14360 14337
14500
14496
5760
5703
14484
14492
14321
Lower Prior Lake
Scott County GIS
Ü
14468 Shady Beach Trail NE Variance Location Map
LOWER PRIOR LAKEGD(904)
PIKELAKENE(820.5)
MYSTICLAKENE
HAASLAKENE(907.3)
Lower Prior Lake
Scott County GIS
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DENOTES EXISTING CATCH BASINDENOTES EXISTING HYDRANTDENOTES EXISTING SANITARY MANHOLE DENOTES EXISTING STORM MANHOLE DENOTES EXISTING COMMUNICATION BOX DENOTES EXISTING ELECTRIC BOXDENOTES EXISTING SERVICE OR CLEANOUT DENOTES IRON MONUMENT FOUNDDENOTES IRON MONUMENT SETDENOTES EXISTING POWER POLEDENOTES EXISTING LIGHT POLEDENOTES EXISTING CONSERVATION POSTOR WET LAND BUFFER POSTDENOTES EXISTING TREE PPLP8" TREE000.0 DENOTES WOOD HUBDENOTES NAILDENOTES EXISTING RETAINING WALLDENOTES PROPOSED RETAINING WALL DENOTES EXISTING ELEVATIONDENOTES PROPOSED ELEVATIONDENOTES AS BUILT ELEVATION (000.0)000.0DENOTES EXISTING TREELINE DENOTES DIRECTION OF SURFACE DRAINAGEDENOTES EXISTING FENCE LEGENDDENOTES EXISTING F.E.S.TOTAL IMPERVIOUS AREA : 2,517 SQ.FT. (33.8%)LOT AREA TO 904 HWL : 7,442 SQ. FT.HOUSE AREA : 1,829 SQ. FT.PORCH AREA : 138 SQ. FT.DECK AREA : 216 SQ. FT.SIDEWALK AREA : 51 SQ. FT.DRIVEWAY AREA : 550 SQ. FT.( NA )( NA )PROPOSED MAXIMUM IMPERVIOUS VARIANCE = 34%3FT STAIR AREA : 18 SQ. FT.( NA )Legal Description:= FINISHED GARAGE FLOOR ELEVATION= MAIN FLOOR ELEVATION - SLAB ON GRADE = TOP OF FOUNDATION ELEVATION (908.10)(910.00)(910.00)1. No specific soils investigation has bee
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BENCHMARK: SANITARY MH IN FRONT OF 14476 SHADY BEACH TRAIL. RIM ELEVATION = 906.00AREAS:CERTIFICATE OF SURVEYNOTES:1. DROPPED GARAGE 1.9FT.2. PROPOSED GARAGE FLOOR BELOW (909.9) ELEVATION REQUIRES SPECIAL DESIGN CRITERIA. BUILDER TO VERIFY PRIOR TO CONSTRUCTION.3. ROCK CONSTRUCTION ENTRANCE AT DRIVEWAY.4. EROSION CONTROL AT GRADING LIMITS.REVISED 07-13-17: REVISE I
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