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HomeMy WebLinkAbout5A 15411 Breezy Point pc report agenda4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: AGENDA #: PREPARED BY: PRESENTED BY: AGENDA ITEM: DISCUSSION: NOVEMBER 27, 2017 5A JEFF MATZKE, PLANNER CASEY MCCABE, COMMUNITY DEVELOPMENT DIRECTOR CONSIDER APPROVAL OF A RESOLUTION APPROVING VARIANCES FROM THE MINIMUM FRONT YARD SETBACK AND MINIMUM LAKE SET- BACK FOR A PROPERTY IN THE R-1 (LOW DENSITY RESIDENTIAL) ZON- ING DISTRICT (CONTINUED FROM NOVEMBER 13TH MEETING) Introduction Highmark Builders, on behalf of the owners of the subject property, are request- ing variances in order to allow for the construction of a new home on a property located at 15411 Breezy Point Road SE. The property is located along the south- ern shores of Lower Prior Lake, west of Trunk Hwy 13, north of Rutledge Street. The property currently contains a single-family dwelling. The following variances are requested per the proposed survey: A 7.5-foot variance from the required minimum 20-foot front yard setback us- ing the average front yard setbacks of the adjacent properties (Section 1102.405 (5)) A 31.0-foot variance from the minimum 50.0-foot structure setback from the ordinary high water mark (OHWM) of Prior Lake. (Section 1104.308 (2)). Regulation Minimum Proposed Variance  Front Setback (Neighborhood averaging allowed) 20’ 12.5’ 7.5’  Lake Setback (Neighborhood averaging allowed) 50’ 19.0’ 31.0’  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 1923. A public hearing was held by the Planning Commission on November 13, 2017. After taking public comments and discussing the variance request, the Planning Commission directed the applicant to rotate the proposed house footprint to achieve a greater setback distance from the OHW of Prior Lake. The applicant has completed the proposed house rotation as indicated in the revised survey with a setback distance of 19.5 feet (previous distance proposed was 13.5 feet.) Current Circumstances The property is 7,700 square feet with steep sloped lakeshore. The proposed impervious surface area is approximately 28.0% of the total lot area (the City 2 Ordinance allows a maximum impervious surface amount of 30% of the total lot area). Front Setback: The property is 96 feet in width and 7,700 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. The applicant proposes a house that is 69 feet in width and varies from 25-32 feet in depth. Also, the applicant proposes to place the house 12.5 feet from the front property line but will be approximately 32 feet from the street due to a considerable right- of-way area. Lake Setback: The closest point of the proposed structure to the lake is the deck at 19.0 feet from the 904 elevation. City Code Section 1104.308 (2) allows the use of the average lake setback of the two closest principal structures or minimum 50 feet, whichever is greater. The average lake setback of the two nearby residences is 33.2 feet and the average setback of the 8 properties north of the the property with similar lot characteristics is approximately 26 feet. 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 in this report. Therefore, the City Staff recommends approval of the requested var- iances. 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 shallow depth and small size of the property. Due to the re- quired setbacks, there would be only an allowed buildable area of 15 feet in depth on the property without approval of variances from the minimum front setback and minimum lake setback. (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- 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 3 reasonable residential house is in harmony with these purposes and poli- cies. (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 shallow lot depth creates a practical difficulty for the property owner to create a reasonable sized house without the requested variances. (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 Breezy Point neighborhood. There are other riparian properties in this corridor with similar shallow depth lots and similar setbacks to the front property line and lake. (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) Shoreland Zoning District. ALTERNATIVES: 1. Motion and a second to approve a resolution approving the variances re- quested for 15411 Breezy Point Road with the listed conditions, or approve any variance the Planning Commission deems appropriate in the circum- stances. 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. Existing survey dated 11-16-2017 4. Proposed Draft Plans dated 11-7-17 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 17-XXPC APPROVING VARIANCES FROM THE MINIMUM FRONT YARD SETBACK AND MINIMUM LAKE SETBACK 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 November 13, 2017, to consider a request from Highmark Builders 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: 15411 Breezy Point Road SE, Prior Lake, MN 55372 Legal Description: Section 35 Township 115 Range 022 (PID 259350370) WHEREAS, The Planning Commission tabled discussion of the variance request to November 27, 2017, and directed the applicant to rotate the proposed house to further increase the lake setback distance; 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- 001037 and held a hearing thereon on November 13, 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 shallow depth and small size of the property. Due to the 2 required setbacks, there would be only an allowed buildable area of 15 feet in depth on the property without approval of variances from the minimum front setback and minimum lake setback. (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’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 residential house is in harmony with these purposes 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 shallow lot depth creates a practical difficulty for the property owner to create a reasonable sized house without the requested variances. (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 Breezy Point neighborhood. There are other riparian properties in this corridor with similar shallow depth lots and similar setbacks to the front property line and lake. (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) Shoreland 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 7.5-foot variance from the required minimum 20-foot front yard setback using the average front yard setbacks of the adjacent properties (Section 1102.405 (5)) b. A 31.0-foot variance from the minimum 50.0-foot structure setback from the ordinary high water mark (OHWM) of Prior Lake. (Section 1104.308 (2)). 4. The variances are subject to the following conditions of approval: a. The variance resolution shall be recorded at Scott County. b. The variance approval is contingent of the applicant’s acquisition of a triangular area of property between the roadway and the proposed housing pad location that was formerly part of a driveway in the Gateway Shores Plat. c. An acknowledged City Assent Form shall be submitted to the Community Development Department prior to the issuance of a building permit. PASSED AND ADOPTED THIS 27th DAY OF NOVEMBER 2017. Bryan Fleming, Commission Chair ATTEST: Casey McCabe, Community Development Director VOTE Fleming Kallberg Ringstad Tieman Tschetter Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ B R E E Z Y P OIN T R D S E Lower Prior Lake Scott County GIS Ü 15411 Breezy Point Rd SEVariance Location Map UPPER PRIOR LAKE GD(904) LO WER PRIO R LAKE GD(904) MYSTIC LAKENE ARTIC LAKENE (906.7) Lower Prior Lake Upper Prior Lake Scott County GIS SUBJECTPROPERTY SUBJECTPROPERTY 1 a 1 . 1 L O W E R L E V E L P L A N 3 / 1 6 " = 1 ' - 0 " F U R N . A R E A ELECTRICAL U N D E R C O U N T E R R E F R I G . D I S H W A S H E R D I S H W A S H E R R E F R I G . W A S H E R D R Y E R 2 a 1 . 1 M A I N L E V E L P L A N 3 / 1 6 " = 1 ' - 0 " E N T R Y 1 0 1 P O W D E R 1 0 2 L A U N D R Y 1 0 3 K I T C H E N / D I N I N G 1 0 4 L I V I N G R O O M 1 0 5 S T A I R 1 0 6 B E D R O O M 1 0 7 C L O S E T 1 0 8 B A T H R O O M 1 0 9 M U D R O O M 1 1 0 O F F I C E 1 1 1 G A R A G E 1 1 2 O U T D O O R S T O R A G E 0 0 1 B A T H R O O M 0 0 2 U T I L I T Y 0 0 4 F U R N A C E 0 0 3 H O M E G Y M 0 0 5 F A M I L Y R O O M 0 0 8 G A M E 0 0 7 B A R 0 0 6 S T O R A G E 0 0 9 B A T H 0 1 0 B E D R O O M 0 1 1 B E D R O O M 0 1 2 2 X 6 W A L L 2 X 6 W A L L 2X6 WALL 2X6 WALL 2 X 4 W A L L ? 2X6 WALL 2X6 WALL 2 X 6 W A L L 2 X 6 W A L L ? 2X6 WALL? D E C K DW DW D W D W DW E L E V . = 9 9 ' - 0 " E L E V . = 1 0 0 ' - 0 " 2X6 WALL? 2X6 WALL? 2X6 WALL?2X6 WALL? E L E V . = 8 9 ' - 4 3 / 4 " UP U P L O W E R L E V E L & M A I N L E V E L F L O O R P L A N S a 1 . 1 C h e c k e d B y D r a w n B y P r o j e c t N u m b e r S H E E T N U M B E R D R A W I N G T I T L E I S S U E S A N D R E V I S I O N S N o . D e s c r i p t i o n D a t e N O T I S S U E D D a t e P r i n t e d C o p y r i g h t © U n d e r g r o u n d A r c h i t e c t u r e + D e s i g n , L L C . 1 7 0 2 6 J . G . P E R M I T I S S U E soli deo gloria J . G . L A R S E N / S E T T E R R E S I D E N C E 1 5 4 1 1 B R E E Z Y P O I N T R D P R I O R L A K E , M N P R O J E C T I N F O R M A T I O N P E R M I T S E T N O T I S S U E D 1 0 . 1 8 . 1 7 P R E L I M . P L A N S R E V - 0 4 2a2.1 SIDE ELEVATION - NORTHWEST FACING3/16" = 1'-0" 1 a 2 . 1 F R O N T E L E V A T I O N - S O U T H W E S T F A C I N G 3 / 1 6 " = 1 ' - 0 " BASEMENT FLOO R ELEV.= 89'-4 " MAIN LEVEL FLOO R ELEV.= 100'-0 " M A I N L E V E L F L O O R E L E V . = 1 0 0 ' - 0 " E X T E R I O R E L E V A T I O N S a 2 . 1 C h e c k e d B y D r a w n B y P r o j e c t N u m b e r S H E E T N U M B E R D R A W I N G T I T L E I S S U E S A N D R E V I S I O N S N o . D e s c r i p t i o n D a t e N O T I S S U E D D a t e P r i n t e d C o p y r i g h t © U n d e r g r o u n d A r c h i t e c t u r e + D e s i g n , L L C . 1 7 0 2 6 J . G . P E R M I T I S S U E soli deo gloria J . G . L A R S E N / S E T T E R R E S I D E N C E 1 5 4 1 1 B R E E Z Y P O I N T R D P R I O R L A K E , M N P R O J E C T I N F O R M A T I O N P E R M I T S E T N O T I S S U E D 1 0 . 1 8 . 1 7 P R E L I M . P L A N S R E V - 0 4 2a2.2 SIDE ELEVATION - SOUTHEAST FACING3/16" = 1'-0" 1 a 2 . 2 R E A R E L E V A T I O N - N O R T H E A S T F A C I N G 3 / 1 6 " = 1 ' - 0 " B A S E M E N T F L O O R E L E V . = 8 9 ' - 4 " M A I N L E V E L F L O O R E L E V . = 1 0 0 ' - 0 " BASEMENT FLOORELEV.= 89'-4"MAIN LEVEL FLOORELEV.= 100'-0" E X T E R I O R E L E V A T I O N S a 2 . 2 C h e c k e d B y D r a w n B y P r o j e c t N u m b e r S H E E T N U M B E R D R A W I N G T I T L E I S S U E S A N D R E V I S I O N S N o . D e s c r i p t i o n D a t e N O T I S S U E D D a t e P r i n t e d C o p y r i g h t © U n d e r g r o u n d A r c h i t e c t u r e + D e s i g n , L L C . 1 7 0 2 6 J . G . P E R M I T I S S U E soli deo gloria J . G . L A R S E N / S E T T E R R E S I D E N C E 1 5 4 1 1 B R E E Z Y P O I N T R D P R I O R L A K E , M N P R O J E C T I N F O R M A T I O N P E R M I T S E T N O T I S S U E D 1 0 . 1 8 . 1 7 P R E L I M . P L A N S R E V - 0 4