HomeMy WebLinkAbout4A 15862 Eagle Creek Ave NE - Variance4646 Dakota Street SE
Prior Lake, MN 55372
PLANNING COMMISSION AGENDA REPORT
MEETING DATE: OCTOBER 22, 2018
AGENDA #: 4A
PREPARED BY:
PRESENTED BY:
AMANDA SCHWABE, PLANNER
AMANDA SCHWABE
AGENDA ITEM: PUBLIC HEARING TO CONSIDER APPROVAL OF A RESOLUTION AP-
PROVING VARIANCES FROM THE MINIMUM LAKE SETBACK AND MINI-
MUM SIDE YARD SETBACK FOR THE REPLACEMENT OF TWO FAILING
RETAINING WALLS ON A PROPERTY IN THE R-2 SD (MEDIUM DENSITY
RESIDENTIAL SHORELAND) ZONING DISTRICT
DISCUSSION: Introduction
Thane Tande of Knotty Oar Marina Corporation is requesting variances from the
minimum structure setback from the Ordinary High Water (OHW) elevation and
side yard setback to allow the replacement of two failing retaining walls with a
single retaining wall on property located at 15862 Eagle Creek Ave NE. The
property is located along the northern shore of Upper Prior Lake, east of Grain-
wood Trail NE and south of Eagle Creek Avenue NE. The property contains a
marina which is permitted by Conditional Use Permit (CUP) #94-03 issued in
1994 when the business was known as Wagon Bridge Marina. The following
variances are requested as noted on the attached survey:
•A 33-foot variance from the required minimum 75-foot structure setback from
the Ordinary High Water (OHW) elevation of Prior Lake (Section 1104.302
(4))
•An 8-foot variance from the required minimum 10-foot side yard structure set-
back (Section 1102.505 (1))
Regulation Minimum Proposed Variance
Lake Setback 75’ 42’ 33’
Side Setback 10’ 2’ 8’
History
The property is zoned R-2 (Medium Density Residential) and is guided R-LD (Ur-
ban Low Density) on the 2030 Comprehensive Plan Land Use Map. The property
is in the Shoreland Overlay District of Upper Prior Lake and contains one struc-
ture utilized as a marina store/office which was constructed in approximately 1954
and a canvas shed.
Current Circumstances
The property is 73,294 square feet with a structure which is considered legal,
non-conforming as it does not meet City Code requirements related to OHW set-
backs or maximum impervious surface. The property has a CUP which allows
for the continued operation of a commercial marina in an R-2 SD Zoning District.
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The applicant is requesting to replace 2 failing retaining walls which are each
approximately 4 feet in height with 1 retaining wall that varies in height from .5
feet to 7 feet. Retaining walls over 4 feet in height are considered a structure
therefore they are required to meet setbacks. A wrought-iron fence is also pro-
posed at the top of the wall for aesthetic and safety reasons.
A retaining wall in this location is necessary due to the topography of this property
and the property to the south on which 8 townhomes exist. The existing, timber
retaining walls were installed in the late 1960’s and are failing. The applicant
considered replacing the failing walls with 2 shorter walls; however, that proposal
still did not provide spacing around the existing hydrant on the property and was
a more expensive option. The proposed single wall will allow for the parking lot
to be extended approximately 8 feet to the south. This would allow for a larger
drive aisle without reducing parking as well as additional space around the exist-
ing hydrant for access and maintenance. The impervious surface on the prop-
erty will not be increasing with this proposal, as the applicant plans to remove
existing gravel on the west side of the property.
Lake Setback: The closest point of the existing retaining walls to the OHW is
approximately 51 feet. The applicant is proposing to place the new wall 42 feet
from the 904 elevation. The applicant is requesting a reduced setback to allow
the proposed wall to provide additional slope stability in the area surrounding an
existing 40-inch oak tree.
Side Setback: The existing walls are located approximately 11 feet from the
southerly property line at their closest point. The proposed wall will be con-
structed of interlocking concrete blocks. The proposed style of construction and
material does allow for the wall to be disassembled, rather than destroyed should
the need arise to access under or behind the wall. At its closest point, the largest
block will be used for the base and will be approximately 3 inches from the prop-
erty line. Blocks decrease in size as the wall gets taller therefore the top of the
wall will be approximately 2 feet from the property line.
Engineering staff has reviewed the request. Staff conditions have been included
below. Due to the proximity to the south property line and height of the wall, third
party structural engineering review is being required.
The applicant is working with the Grainwood West Townhome Association to fi-
nalize an agreement to allow work across the property line. This agreement also
identifies allowances for access and maintenance responsibilities.
Conclusion
The 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. Retaining wall(s) in this location are necessary. The proposed retain-
ing wall will be aesthetically pleasing and provide for additional access to and
around the existing hydrant on the property. Therefore, the City Staff recom-
mends approval of the requested variances with the following conditions:
The variance resolution shall be recorded at Scott County.
Excavation and Grading Permit shall be obtained from the Engineering De-
partment prior to the commencement of construction.
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Permanent bollards shall be provided around the hydrant for protection.
Monitoring and Maintenance Agreement shall be executed and recorded
along with an easement for the watermain/hydrant.
Submit copy of executed Agreement between Grainwood West Townhome
Association and the applicant regarding access, property disturbance, and
maintenance of the retaining wall.
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. Retaining wall(s) are necessary on this property to accommodate
the grades of the neighboring property. A new, concrete block wall will
greatly reduce the amount of erosion occurring and will provide an aes-
thetically pleasing option that will last for many years.
(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 replacement of the
retaining walls 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 existing, timber walls were not installed by others in the 1960’s and
are failing. The hydrant on the property was installed in the late 1970’s;
again, not by the applicant. The configuration of the shoreline limits the
ability to meet the required setback from the OHW. Meeting the required
10-foot side yard setback to the south would require the removal of addi-
tional asphalt currently utilized for parking, narrowing the drive aisle, and
bringing in a substantial amount of fill.
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(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
Grainwood neighborhood. There are other retailing walls of similar
construction along Eagle Creek Avenue NE. The existing timber retaining
walls are failing and replacement is necessary to preserve the integrity of
the topography of that area.
(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 the replacement of a retaining wall
which is an allowed use within the R-2 (Medium Density Residential)
Zoning District.
ALTERNATIVES: 1.Motion and a second to approve a resolution approving the variances re-
quested for 15862 Eagle Creek Ave NE 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 18-XXPC
2.Location Map
3.Narrative
4.Survey of Construction Limits dated 10-03-18
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4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 18-XXPC
VARIANCES FROM THE MINIMUM LAKE SETBACK AND MINIMUM SIDE YARD SETBACK FOR THE
REPLACEMENT OF TWO FAILING RETAINING WALLS ON A PROPERTY IN THE R-2 SD (MEDIUM 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
October 22, 2018, to consider a request from Thane Tande of Knotty Oar Marina Corporation, to approve
variances to allow the replacement of two, failing timber retaining walls with a single retaining wall located
on property in the R-2 SD (Medium Density Residential Shoreland) Zoning District at the following property:
15862 Eagle Creek Avenue NE, Prior Lake, MN 55372
Legal Description:
All that part of Block 7, GRAINWOOD, Scott County, Minnesota and that part of the now vacated Beach Drive
as originally dedicated in said Plat of GRAINWOOD, described as follows:
Beginning at the Northwest corner of the South 60.00 feet, as measured at right angles to the southeasterly
line thereof, of Lot 10, said Block 7; thence northeasterly along the northerly line of said South 60.00 feet, and
its northeasterly extension, to the westerly right of way line of County Road Number 21 (Eagle Creek Avenue
NE); thence southeasterly, along said right of way line, to its intersection with the shore line of Prior Lake;
thence southerly and westerly, along said shoreline, to its intersection with the southerly extension of the
westerly line of Lot 18, said Block 7; thence northerly, along said southerly extension, and along the westerly
line of said Lot 18 and along the westerly line of Lots 15, and 14 and 11 and 10, all in said Block 7, to the point
of beginning. (PID 250320230); 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 the variance requests, 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 #DEV18-
000037 and held a hearing thereon on October 22, 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
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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. Retaining wall(s) are
necessary on this property to accommodate the grades of the neighboring property. A new, concrete block
wall will greatly reduce the amount of erosion occurring and will provide an aesthetically pleasing option that
will last for many years.
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 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 replacement of the retaining
walls 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.
The existing, timber walls were not installed by others in the 1960’s and are failing. The hydrant on the property
was installed in the late 1970’s; again, not by the applicant. The configuration of the shoreline limits the ability
to meet the required setback from the OHW. Meeting the required 10-foot side yard setback to the south
would require the removal of additional asphalt currently utilized for parking, narrowing the drive aisle, and
bringing in a substantial amount of fill.
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 Grainwood neighborhood. There are
other retailing walls of similar construction along Eagle Creek Avenue NE. The existing timber retaining walls
are failing and replacement is necessary to preserve the integrity of the topography of that area.
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 the replacement of a retaining wall which is an allowed use within the
R-2 SD (Medium 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 single-family house in the R-2 SD (Medium Density Residential Shoreland) Zoning District:
a.A 33-foot variance from the required minimum 75-foot structure setback from the Ordinary High Water (OHW)
elevation of Prior Lake (Section 1104.302 (4))
b.An 8-foot variance from the required minimum 10-foot side yard structure setback (Section 1102.505 (1))
4.The variances are subject to the following conditions of approval:
a.The variance resolution shall be recorded at Scott County.
b.Excavation and Grading Permit shall be obtained from the Engineering Department prior to the
commencement of construction.
c.Permanent bollards shall be provided around the hydrant for protection.
d.Monitoring and Maintenance Agreement shall be executed and recorded along with an easement for the
watermain/hydrant.
e.Submit copy of executed Agreement between Grainwood West Townhome Association and the applicant
regarding access, property disturbance, and maintenance of the retaining wall.
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PASSED AND ADOPTED THIS 22nd DAY OF OCTOBER 2018.
_______________________________
Bryan Fleming, Commission Chair
ATTEST: _________________________________
Casey McCabe, Community Development Director
VOTE Fleming Kallberg Tschetter Ringstad Tieman
Aye ☐☐☐☐☐
Nay ☐☐ ☐☐ ☐
Absent ☐☐ ☐☐ ☐
Abstain ☐☐ ☐☐ ☐
Upper Prior Lake
Lower Prior Lake
Scott County GIS
Ü
15862 Eagle Creek Ave NE VariancesLocation Map
UPPER PRIOR LAKEGD(904)
BLINDLAKERD(948.7)
ARTICLAKENE(906.7)
MARKLEYLAKERD( )
HOWARD LAKENE(957.3)
Scott County GIS
SUBJECTPROPERTY
Existing Retaining Walls
EAGLE
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Retaining Wall for Knotty Oar Marina, Corp
The existing wall is roughly 50 years old composed of railroad ties that are failing
requiring replacement. The water main is located next to or potentially underneath
the existing wall. Engineer’s recommendations are to recess the wall back in order
to create an easement for the main water line. The proposed wall would set back
from property line 4 to 5 feet and run 6 to 8 feet tall constructed with a pre-cast
concrete block by Recon called “Limestone”. This product is the same that the city
and county installed for the wall constructed on Grainwood one block west of the
marina. We explored the options of replacing with similar railroad ties, poured
concrete walls as well as the pre-cast concrete block wall 1 X 1 X 1 (4’ high, 4’deep
and 4’ high). These options were not in contention for the following reasons:
- 4’ wall would not hold back the erosion as this is what is existing
- 4’ wall would not allow for an easement to the main water line
- 4’ X 4’ X 4’ wall requires more labor and materials increasing cost by 50%
A wrought iron fence will also be installed on the top blocks for safety. A row of
filler trees, such as arborvitaes would be planted as well as perennials. We are
requesting the variance as we feel that our research and suggestion is the best
scenario based on our application and that the selected block and design will have
the best erosion control, a longer life expectancy as well as esthetics will match the
neighboring wall as the Knotty Oar Marina is truly the curb appeal to the Prior Lake
community.
Sincerely,
Thane D. Tande
Owner – Knotty Oar Marina, Corp.
3'-9"
OFFSET FOR BASE 39" UNIT
ReCon RETAINING
WALL
29'-8"
Existing Retaining Wall
WALL TO OFFSET
AROUND EXISTING TREE
OFFSET FROM
PROPERTY LINE
RACE ENGINEERING ASSOC.
4851 Four Seasons Ct
Eagan, MN 565122
e: rrace@rea-llc.com
t: 62-670-7009
KNOTTY OAR MARINA
15862 Eagle Creek Ave NE
PRIOR LAKE, MN
18-008-47
9/5/18
9/5/18
1.1
PLAN VIEW