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HomeMy WebLinkAbout4A 14480 Shady Beach Trail pc report agenda 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: JANUARY 28, 2019 AGENDA #: 4A PREPARED BY: PRESENTED BY: JEFF MATZKE, PLANNER JEFF MATZKE AGENDA ITEM: PUBLIC HEARING TO CONSIDER APPROVAL OF A RESOLUTION AP- PROVING VARIANCES FROM THE MINIMUM LAKE SETBACK, MINIMUM SIDE YARD SETBACK, AND MINIMUM FRONT YARD SETBACK FOR A PROPERTY IN THE R-1 SD (LOW DENSITY RESIDENTIAL SHORELAND) ZONING DISTRICT DISCUSSION: Introduction Joseph Cade is requesting variances from the minimum structure setback from the Ordinary High Water (OHW) elevation, minimum side yard setback, and min- imum front yard setback to allow the replacement of a single-family structure on property located at 14480 Shady Beach Trail NE. The property is located along the northeastern shores of Lower Prior Lake, east of Sand Point Beach. The property contained a single-family home (recently demolished). The following variances are requested as noted on the attached survey: • A 50-foot variance from the required minimum 75-foot structure setback from the Ordinary High Water (OHW) elevation of Prior Lake (Section 1104.308 (2)) • A 2.0-foot variance from the required minimum 7.0-foot side yard structure setback due to the proposed length of the side wall of the structure (Section 1102.405 (7)) • A 15.4-foot variance from the required minimum 25-foot front yard structure setback (Section 1102.405 (3)) Regulation Minimum Proposed Variance Lake Setback 75’ 25’ 50’ Side Yard Setback (long wall setback requirement) 7.0’ 5.0’ 2.0’ Front Yard Setback 25’ 9.6’ 15.4’ 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 in the Shoreland Overlay District of Lower Prior Lake and contained a single- family home which was constructed in 1960. Current Circumstances The property is 9,629 square feet with a recently removed residence which was considered legal, non-conforming as it did not meet City Code requirements re- 2 lated to lot size, front yard, side yard, or OHW setbacks. The applicant is request- ing to construct a home which has a slightly larger footprint (85 square feet more) than the previous home on the site. The previous home footprint was 1,957 square feet with a 583 square-foot detached garage. The proposed home/at- tached garage footprint will be approximately 2,685 square feet. Lot Area: The lot area of the subject property is 9,629 square feet. While the Shoreland Ordinance does require a lot to be a minimum of 15,000 square feet in size for development into a single-family dwelling, this property has been in existence with a single-family residence since 1960 and has been valued and assessed as a buildable lot for single-family dwelling purposes for many years in this configuration. Most of the other lots along Shady Beach Trail are noncon- forming in size. The applicant and City have discussed the possible opportunity for vacating a portion of the existing Shady Beach Trail right-of-way (977 square feet) that is not necessary for the roadway. If the vacation of right-of-way is ultimately approved by the City Council, the property area of the lot would increase from 9,629 square feet to 10,606 square feet. The variance approval is conditioned upon approval of this right-of-way vacation request by the City Council. Lake Setback: The closest point of the previously existing structure to the OHW was the southeast corner of the home at 21 feet from the 904 elevation. The proposed residence at its closest point will be 25 feet from the OHW. (The deck at the rear of proposed structure is a platform/at-grade deck and therefore does not factor into the lake setback requirement.) Side Setback: The previously existing residence had a side yard of 2.9 feet. The applicant has proposed to increase the side yard setback to 5.0 feet to allow for more separation from the residential property to the west and improve drain- age along the property line. The proposed length of the side wall of the house (over 70 feet in overall length) requires an additional 2.0 feet setback over the minimum required 5.0-foot side yard setback. Therefore, the required side yard setback is 7.0 feet in total. Front Setback: The previously existing residence had a front yard setback of approximately 10.1 feet. Due to increased setbacks at the lake and side yard, the proposed home footprint was moved toward the street and therefore the clos- est point will be 9.6 feet from the front property line as measured at the northeast corner of the garage. Conclusion City Staff has communicated several times with the applicant over the last 3 months to discuss the redevelopment of this lot. The applicant has worked dili- gently to design a home which will meet their needs while best utilizing the lot area available to them. One main proposed improvement is that of the impervi- ous surface on the property which (conditioned upon the vacated right-of-way request) would be reduced from the previously existing 37.1% to the required maximum City Code of 30% of the total lot area. This property is a legal, non-conforming lot as it existed prior to the adoption of the City Code. The City Staff believes the variances requested are warranted 3 due to the lot constraints unique to the property and practical difficulties as stated in the findings in this report. Therefore, the City Staff recommends approval of the requested variances with the following conditions:  The requested public right-of-way vacation of at least 977 square feet is ap- proved by the City Council.  The variance resolution shall be recorded at Scott County.  A building permit shall be obtained from the Building Department prior to the commencement of construction. 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 associated with this request. This existing lot of record is of sub- standard size. The triangular shape of the property does not allow a rea- sonable residential dwelling to be constructed without the need for setback variances. If strict compliance with the City Code were applied, the build- ing envelope on this property is reduced to an area approximately 150 square feet in size. (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 this residence 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 size and shape of this substandard lot are circumstances unique to the property not resulting from actions of the owners. The proposed home is increasing the setback from the lake and side property line. 4 (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 nor be detrimental to the health and safety of the public welfare. The proposed residence will have a greater lake and side yard setback than the previously existing home. (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 a residential dwelling which is an allowed use within the R-1 (Low Density Residential) Zoning District. ALTERNATIVES: 1. Motion and a second to approve a resolution approving the variances re- quested for 14480 Shady Beach Trail NE with the listed conditions, or ap- prove any variance the Planning Commission deems appropriate in the cir- cumstances. 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 19-XXPC 2. Location Map 3. Survey of existing and proposed structures dated 1-17-19 4. Proposed Elevations & Floor Plan 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 19-XXPC VARIANCES FROM THE MINIMUM LAKE SETBACK, MINIMUM SIDE YARD SETBACK, AND MINIMUM FRONT YARD 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 January 28, 2019, to consider a request from Joseph Cade, to approve variances 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: 14480 Shady Beach Trail NE, Prior Lake, MN 55372 Legal Description: Lot 7, SHADY BEACH NO. 2, Scott County, Minnesota. PID 259030120 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 #DEV18-000043 and held a hearing thereon on January 28, 2019; and WHEREAS, The Planning Commission has considered the effect of the proposed variances 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. 2 There are practical difficulties in complying with the strict terms of the Ordinance associated with this request. This existing lot of record is of substandard size. The triangular shape of the property does not allow a reasonable residential dwelling to be constructed without the need for setback variances. If strict compliance with the City Code were applied, the building envelope on this property is reduced to an area approximately 150 square feet in size. 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 this residence 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 size and shape of this substandard lot are circumstances unique to the property not resulting from actions of the owners. The proposed home is increasing the setback from the lake and side property line. 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 Shady Beach Trail neighborhood nor be detrimental to the health and safety of the public welfare. The proposed residence will have a greater lake and side yard setback than the previously existing home. 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 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 SD (Low Density Residential Shoreland) Zoning District: a. A 50-foot variance from the required minimum 75-foot structure setback from the Ordinary High Water (OHW) elevation of Prior Lake (Section 1104.308 (2)) b. A 2.0-foot variance from the required minimum 7.0-foot side yard structure setback due to the proposed length of the side wall of the structure (Section 1102.405 (7)) c. A 15.4-foot variance from the required minimum 25-foot front yard structure setback (Section 1102.405 (3)) 3 4. The variances are subject to the following conditions of approval: a. The requested public right-of-way vacation of at least 977 square feet is approved by the City Council. b. The variance resolution shall be recorded at Scott County. c. A building permit shall be obtained from the Building Department prior to the commencement of construction. PASSED AND ADOPTED THIS 28th DAY OF JANUARY 2019. _______________________________ Bryan Fleming, Commission Chair ATTEST: _________________________________ Casey McCabe, Community Development Director VOTE Fleming Kallberg Tschetter Ringstad Tieman Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ SHADY BEACH TRL NEBIRCHWOOD AV NE Lower Prior Lake Scott County GIS Ü 14480 Shady Beach Trl NE Variance Location Map UPPER PRIOR LAKE GD (904) LOWER PRIOR LAKE GD (904) PIKE LAKE NE(820.5) MYSTIC LAKE NE HAAS LAKE NE(907.3) BLIND LAKE RD(948.7) ARTIC LAKE NE(906.7) MARKLEY LAKE RD( ) HOWARD LAKE NE (957.3) CAMPBELL LAKE NE(Not Estab.)Scott County GIS SUBJECTPROPERTY 18476 KENRICK AVENUE SUITE 202 LAKEVILLE, MN 55044 CADE RESIDENCE | THE SHORES OF PRIOR LAKE DAVID CHARLEZ DESIGNS 18476 KENRICK AVENUE SUITE 202 LAKEVILLE, MN 55044 CADE RESIDENCE | THE SHORES OF PRIOR LAKE DAVID CHARLEZ DESIGNS CADE RESIDENCEDecember 19, 2018 THE SHORES OF PRIOR LAKE © DAVID CHARLEZ DESIGNS01A KITCHEN17' X 14'FOYER6'-6" X 12' DINING18' X 13' MUD RM.11' X 9'-6" LAKE ENTRY MECH. ROOM 10'- X 4'BENCHSTORAGE REF.RANGEDWSINK4' X 8' ISLAND OPT. BUFFET OR BARBOOKSBOOKSGREAT ROOM17' X 22'DBL. SD F/POFFICE/ GUEST RM.13' X 12' SCREEN PORCH16' X 16' DECK50' X 12' WALK-IN CLOSET / FUTURE ELEV. ROUGH-IN 24'-0"32'-0"FRONT PORCH22' X 8' OWNER'S SUITE15'-6" X 15'-6" VAULT RIDGE LINEN CLOSET FAMILY ROOM17' X 16'BUILT-IN BARGAS FIREPLACET.V.EXERCISE7' X 8' GUEST BDRM13' X 15'-6" 3/4 BATH L'DRY6'-6" X 7'-6"OWNER'S BATH 11'-6" X 14'-6" WALK-IN CLOSET7'-6" X 14' 5' X 4' SHWR. FUTURE ELEVATOR 3-CAR GARAGE BALCONY 17' X 6' DOWNUP DBL. OVN. PWDR. RM. BONUS ROOM23' X 27'-6"