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Home My WebLink About4B 16109 Northwood Rd - Variance - Agenda Report 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: MAY 29, 2018 AGENDA #: 4B PREPARED BY: PRESENTED BY: AMANDA SCHWABE, PLANNER AMANDA SCHWABE AGENDA ITEM: PUBLIC HEARING TO CONSIDER APPROVAL OF A RESOLUTION AP- PROVING A VARIANCE FROM THE MINIMUM BLUFF SETBACK ON A PROPERTY IN THE R-1 SD (LOW DENSITY RESIDENTIAL SHORELAND) ZONING DISTRICT DISCUSSION: Introduction Highmark Builders, Inc., on behalf of property owners Jeff Berg and Nichole Bon- nett-Berg, is requesting a variance from the minimum bluff setback for the con- struction of a single-family residence on property located at 16109 Northwood Road NW . The property is located along the western shores of Upper Prior Lake, north of Shady Cove Point NW and south of Lake Bluff Circle NW . The property previously contained a small cabin which was recently removed. The following variance is requested as noted on the attached survey: • An 11-foot variance from the required minimum 25-foot bluff setback (Section 1104.304) Regulation Minimum Proposed Variance Bluff Setback 25’ 14’ 11’ 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 in the Shoreland Overlay District of Upper Prior Lake. Current Circumstances The property is 22,578 square feet in size and currently vacant. The applicant is requesting to construct a single-family residence. The property has a bluff feature and is bisected by two, 20-foot wide utility easements which were recorded on the property in 1977. As a result, options to place the proposed home in a con- forming location are limited. Bluff Setback: 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 that drains to a water body. City Ordinance allows an area with an average slope of less than 18% over 50 feet or more to not be considered part of the bluff; thereby determining the top of the bluff. The minimum structure setback to the top of the bluff is 25 feet. The 2 top of the bluff for this property is near the 938 elevation which is approximately 85 feet from the OHW . The proposed residence is a two-story, walkout style with a two-car attached gar- age and a footprint of approximately 1,500 square feet. The proposed residence also has a porch and deck off the main level which runs the entire width of the home. The depth of the proposed deck and porch is approximately 12 feet. As a result, the closest point of the deck and porch would result in a bluff setback of 14 feet. To accommodate a deck and/or porch in a conforming location, the foot- print of the proposed residence would need to be reduced or the porch and deck eliminated from the project. The applicant would like to construct a residence with a deck and porch to allow the property owners additional living space and take full advantage of the lake views. The applicant has submitted an engineering report which discusses the bluff and soil stability regarding the placement of structures within the area of the bluff as required by Subsection 1104.305 of the City Ordinance. This report will be re- viewed more thoroughly as part of the building permit application. Conclusion The City Staff believes the variance requested is 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- iance with the following conditions:  The variance resolution shall be recorded at Scott County.  Building Permit shall be obtained from the Building Department prior to the commencement of construction. ISSUES: This project includes a request for a variance. 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 existing lot of record is of substandard width with two, 20- foot utility easements bisecting the property as well as a bluff feature. The proposed residence could be located on the far north end of the property, to the north of the existing private drive and easement; however, that loca- tion is less desirable to the applicant due to the existing tree cover which severely limits the view to the lake. (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. 3 The granting of the variance 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 construction of a single-family residence in this location 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. Due to the minimal lot width, the location of the two, 20-foot wide utility easements which bisect the property as well as the bluff, the options to place a residence in a location which would provide for views of the lake are limited. The lot width, bluff feature and easement locations creates a practical difficulty not resulting from actions of the owners of the property. (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 variance will not alter the essential character of the Northwood Road neighborhood. A majority of the lots in this area have single-family residences near the bluff; therefore, the placement of the proposed residence should not alter the essential character of the neighborhood or the health and safety of the public welfare. (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 variance would allow the replacement of a single-family residential dwelling which is an allowed use within the R-1 SD (Low Density Residential in Shoreland) Zoning District. ALTERNATIVES: 1. Motion and a second to approve a resolution approving the variance re- quested for 16109 Northwood Road NW 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. 4 ATTACHMENTS: 1. Resolution 18-XXPC 2. Location Map 3. Survey revised 5-22-18 4. Proposed Floor Plans 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 18-XXPC VARIANCE FROM THE MINIMUM BLUFF SETBACK FOR A PROPERTY IN THE R-1 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 May 29, 2018, to consider a request from Highmark Builders, Inc. on behalf of property owners Jeff Berg and Nichole Bonnett-Berg, to approve a variance for a reduced bluff setback to allow the construction of a single- family dwelling located in the R-1 SD (Low Density Residential Shoreland) Zoning District at the following property: 16109 Northwood Road NW, Prior Lake, MN 55372 Legal Description: Lot 87, Northwood on Prior Lake, Scott County, Minnesota (PID 251410560); 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 #DEV18- 000018 and held a hearing thereon on May 29, 2018; 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 existing lot of record is of substandard width with two, 20-foot utility easements bisecting the property as well as a bluff feature. The proposed residence could be located on the far north end of the property, to the north of the existing private drive and easement; however, that location is less desirable to the applicant due to the existing tree cover which severely limits the view to the lake. 2 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 variance 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 construction of a single-family residence in this location 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. Due to the minimal lot width, the location of the two, 20-foot wide utility easements which bisect the property as well as the bluff, the options to place a residence in a location which would provide for views of the lake are limited. The lot width, bluff feature and easement locations creates a practical difficulty not resulting from actions of the owners of the property. 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 variance will not alter the essential character of the Northwood Road neighborhood. A majority of the lots in this area have single-family residences near the bluff; therefore, the placement of the proposed residence should not alter the essential character of the neighborhood or the health and safety of the public welfare. 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 variance would allow the replacement of a single-family residential dwelling which is an allowed use within the R-1 SD (Low Density Residential in Shoreland) Zoning District. 3. Based upon the findings set forth herein, the Planning Commission hereby approves the following variances to allow the construction of single-family house in the R-1 SD (Low Density Residential Shoreland) Zoning District: a. An 11-foot variance from the required minimum 25-foot bluff setback (Section 1104.304) 4. The variances are subject to the following conditions of approval: a. The variance resolution shall be recorded at Scott County. b. Building Permit shall be obtained from the Building Department prior to the commencement of construction. PASSED AND ADOPTED THIS 29th DAY OF MAY 2018. _______________________________ Bryan Fleming, Commission Chair ATTEST: _________________________________ Casey McCabe, Community Development Director VOTE Fleming Kallberg Peterson Ringstad Tieman Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ N O R T H W O O D R D N W S H A D Y C O V E PT N W Upper Prior Lake Scott County GIS Ü 16109 Northwood Road NW Variance Location Map UPPER PRIOR LAKEGD(904) SPRING LAKEGD(912.8) BLINDLAKERD(948.7) ARTICLAKENE(906.7) MARKLEYLAKERD( ) HOWARD LAKENE(957.3) CRYSTAL LAKENE(943.3) CAMPBELLLAKENE(Not Estab.) Spring Lake Scott County GIS SUBJECTPROPERTY SUBJECTPROPERTY Proposed Residence 25-foot Bluff Setback Top of Bluff OHW Utility Easement