HomeMy WebLinkAbout4A 16119 Northwood Road NW - Variance PC Report
4646 Dakota Street SE
Prior Lake, MN 55372
PLANNING COMMISSION AGENDA REPORT
MEETING DATE: FEBRUARY 11, 2019
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 AND BLUFF SETBACK
ON A PROPERTY IN THE R-1 SD (LOW DENSITY RESIDENTIAL
SHORELAND) ZONING DISTRICT
DISCUSSION: Introduction
Kristi Muller owns the property at 16119 Northwood Road NW and is requesting
variances from the minimum lake and bluff setback for the replacement and re-
configuration of an existing deck on a single-family residence. 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 following variances are requested
as noted on the attached survey:
• A 10-foot variance from the required minimum 75-foot lake setback
(Section 1104.302 (4))
• A 17-foot variance from the required minimum 25-foot bluff setback (Section
1104.304)
Regulation Minimum Proposed Variance
Lake Setback 75’ 65’ 10’
Bluff Setback 25’ 8’ 17’
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 14,368 square feet in size with a single-family residence that was
built in 1956. The applicant is requesting to replace and reconfigure the existing
deck attached to the residence. The existing deck is a unique shape and approx-
imately 368 sq. ft. in size. The furthest extension of the deck is approximately 6
feet from the top of the bluff.
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
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the bluff. The minimum structure setback to the top of the bluff is 25 feet. The
top of the bluff for this property is near the 938 elevation which is approximately
55 feet from the OHW .
Lake Setback: Subsection 1104.302 (4) lists the setback requirements for ripar-
ian lots. Setbacks are measured from the Ordinary High Water (OHW) mark
which is the 904 elevation of Upper Prior Lake. Averaging is permitted on
shoreland lots that have 2 adjacent lots with existing principal structures. Aver-
aging would allow any new residential structure or addition to an existing structure
to be setback the average of the adjacent structures from the OHW or 50 feet,
whichever is greater. The properties within 150 feet of the subject property are
setback further from the OHW therefore, setback averaging does not apply.
City Code does allow for decks not meeting the required setbacks to be replaced;
however, they must meet the criteria of Subsection 1104.308 (2) d. including, but
not limited to: the replacement deck being the same size, configuration, location
and elevations as the deck in existence.
The proposed replacement deck will not be in the same size or configuration
therefore, a variance is necessary. The proposed deck is 14’ x 20’ (280 sq. ft.)
in size and at its closest point would result in a bluff setback of 8 feet and a lake
setback of 65 feet. The proposed deck would maintain the 11-foot setback to the
north and would utilize stairs in a similar location as the existing deck on the
northeast side of the residence.
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. Since the existing residence (without the deck) is located approxi-
mately 22 feet from the top of the bluff and approximately 75 feet from the OHW,
there is not a location on the lake side where a deck could be constructed in a
conforming location.
Therefore, the City Staff recommends approval of the requested variances 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 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.
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There are practical difficulties in complying with the strict terms of the Or-
dinance. This non-conforming lot has an existing residence which pre-
dates the City Code and has a bluff feature. The proposed replacement
deck is 48 square feet smaller than the existing deck and will be setback
further from both the top of the bluff and OHW than the existing deck. Ac-
cording to the applicant, the proposed configuration better accommodates
seating on the deck and access to the kitchen.
(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 and
reconfiguration of the existing deck 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 existing residence as well
as the bluff, there is not an option to replace a deck in a conforming loca-
tion. A platform less than 30 inches high could be placed at grade adjacent
to the lower level door; however, that would eliminate access to the rear
yard from the door on the main level. The lot width, location of the existing
residence and bluff feature 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 variances will not alter the essential character of the
Northwood Road neighborhood nor be detrimental to the health and safety
of the public welfare. The replacement deck will be smaller in area and
have a greater setback from the top of the bluff and OHW than the existing
deck.
(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 and reconfiguration
of an existing deck on a single-family residential dwelling which is an
allowed use within the R-1 SD (Low Density Residential in Shoreland)
Zoning District.
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ALTERNATIVES: 1. Motion and a second to approve a resolution approving the variances re-
quested for 16119 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 variances requested 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 Dated 1-15-19
4. Narrative from Applicant
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4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 19-XXPC
VARIANCE FROM THE MINIMUM LAKE AND 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
February 11, 2019, to consider a request from Kristi Muller, to approve variances for a reduced lake and
reduced bluff setback to allow the replacement and reconfiguration of a deck on a single-family dwelling
located in the R-1 SD (Low Density Residential Shoreland) Zoning District at the following property:
16119 Northwood Road NW, Prior Lake, MN 55372
Legal Description:
That part of Lot 85, Northwood, Scott County, Minnesota, lying southerly of the following described line:
Beginning at a point on the west line of said Lot 85 distant 162.0 feet south of the northwest corner of said Lot
85; thence to a point on the east line of said Lot 85 distant 170.6 feet south of the northeast corner of said Lot
85 and said line there terminating (PID 251410540); 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 #DEV19-
000002 and held a hearing thereon on February 11, 2019; 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 non-conforming lot has
an existing residence which pre-dates the City Code and has a bluff feature. The proposed replacement deck
is 48 square feet smaller than the existing deck and will be setback further from both the top of the bluff and
OHW than the existing deck. According to the applicant, the proposed configuration better accommodates
seating on the deck and access to the kitchen.
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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 and
reconfiguration of the existing deck 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 existing residence as well as the bluff, there is not an option
to replace a deck in a conforming location. A platform less than 30 inches high could be placed at grade
adjacent to the lower level door; however, that would eliminate access to the rear yard from the door on the
main level. The lot width, location of the existing residence and bluff feature 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 variances will not alter the essential character of the Northwood Road neighborhood nor
be detrimental to the health and safety of the public welfare. The replacement deck will be smaller in area
and have a greater setback from the top of the bluff and OHW than the existing deck.
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 and reconfiguration of an existing deck on 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. A 17-foot variance from the required minimum 25-foot bluff setback (Section 1104.304)
b. A 10-foot variance from the required minimum 75-foot lake setback (Section 1104.302 (4))
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 11th DAY OF FEBRUARY 2019.
_______________________________ Bryan Fleming, Commission Chair
ATTEST: _________________________________
Casey McCabe, Community Development Director
VOTE Fleming Kallberg Tschetter Ringstad Tieman
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
NORTHWOOD RD NWS
H
A
D
Y C
O
V
E PT N
W
Upper Prior Lake
Scott County GIS
Ü
16119 Northwood Road NW Variance Location Map
UPPER PRIOR LAKE
GD(904)
BLIND
LAKERD
(948.7)
ARTIC
LAKENE
(906.7)
HOWARD LAKE
NE(957.3)
CAMPBELL
LAKENE
(Not Estab.)
Upper Prior Lake
Spring Lake Scott County GIS
SUBJECTPROPERTY
SUBJECTPROPERTY
NORTHWOOD
ROAD
NWLOT 85LOT 84LOT 86PROPOSED14'x20' DECK(SHADED AREA)EXISTING DECKTO BE REMOVED11.9Kristi Muller16119 Northwood Road NWPrior Lake, MN 55372NOTES:TOTAL AREA OF PROPERTY = 14,368 SQ. FT.EXISTING IMPERVIOUS SURFACE AREA OF PROPERTY = 5,366 SQ. FT. = 37.3%