HomeMy WebLinkAboutResolution 19-08PC - PDEV19-000008 - Variance - 15402 Forsythe Road NE Receipt: # 619380 A1068573
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G-PRIOR LAKE CITY
646DAKOTA ST E IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
IIIIIIIIIIIIH
PRIOR LAKE MN 55372 Certified Filed and/or recorded on:
6/ 17/2019 11 : 39 AM
Office of the County Recorder
Scott County , Minnesota
Julie K. Hanson, County Recorder
STATE OF MINNESOTA)
) ss .
COUNTY OF SCOTT )
The undersigned, duly qualified and Planner for the City of Prior Lake, hereby certifies the
attached hereto is the original true and correct copies of
RESOLUTION 19 - 08PC
A RESOLUTION APPROVING A VARIANCE TO ALLOW A 15- FOOT DEEP BY 18 - FOOT
WIDE UPPER LEVEL DECK IN THE BLUFF IMPACT ZONE FOR A PROPERTY IN THE R- 1
SD ( LOW DENSITY RESIDENTIAL SHORELAND ) ZONING DISTRICT
Je e
City of Prior Lake
Dated this 13th day of May 2019 .
15402 Forsythe Road NE, Prior Lake, MN 55372
ABSTRACT
PID : 250480120
PDEV 19 - 000008
Tl 15 , S36 , R22
Return to and drafted by :
City of Prior Lake
Community Development Department
4646 Dakota Street SE
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RESOLUTION 19 .08PC
VARIANCE TO ALLOW A 15- FOOT DEEP BY 18- FOOT WIDE UPPER LEVEL DECK IN THE BLUFF IMPACT
ZONE FOR A PROPERTY IN THE R- 1 SD ( LOW DENSITY RESIDENTIAL SHORELAND ) ZONING DISTRICT
Motion By : Kallberg Second By : Tieman
WHEREAS , The Prior Lake Planning Commission , acting as the Board of Adjustment, conducted a public hearing on
April 22 , 2019 , to consider a request from Dan Dauffenbach , the property owner, to approve a variance
to allow a previously constructed 3-season porch and upper level deck in the bluff impact zone to remain
for a property located in the R- 1 SD ( Low Density Residential Shoreland ) Zoning District at the following
property :
15402 Forsythe Road NE , Prior Lake , MN 55372
Legal Description :
Lot 12 , Block 1 , MAVES SECOND LAKE ADDITION , Scott County, Minnesota . ( PID : 250480120 )
WHEREAS , The Property owner has installed or modified various improvements in the bluff impact zone on the
property over the last several years including the following : 1 ) stairway from the dwelling to the lake with
landings ; 2) retaining walls ; 3) storage shed and pavers ; 4) small deck off of the garage ; 5) lower level
deck on house ; and 6) upper level deck on house; and
WHEREAS , Staff determined that the stairway from the dwelling to the lake with landings ; the retaining walls , the
storage shed and pavers and the small deck off of the garage were permitted under the City Code or as
reductions of existing legal nonconformities and could remain if the property owner obtains an after4he-
fact permit and complies with all City Code requirements ; and
WHEREAS , Staff determined that the lower level deck on house which had been expanded and closed in as a 3-
season porch and the upper level deck on house which had been expanded would need variances to
remain ; and
WHEREAS , Notice of the public hearing on the requested variances for an expanded lower level deck and 3-season
porch and an expanded upper level deck 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-
000008 and held a hearing thereon on April 22 , 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 .
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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 in regards to the
originally installed 15-foot by 18400t upper level deck , because a patio door exists on the upper level on
the dwelling and not permitting any deck would prevent any use of the patio door. A practical difficulty
does not exist, however, for the recent expansion of the upper level deck to 184eet by 15-feet. A practical
difficulty also does not exist for the expansion of the lower level deck or the conversion of the lower level
deck into a 3-season porch .
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 for a 15-foot deep by 18400t wide upper level deck 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 expanded upper deck, expanded lower deck and 3-season porch
feature are not in harmony with the intent of the City Ordinances and Comprehensive Plan as they are
expansions of a legal nonconforming deck area and increase the impervious surface in the bluff impact
zone .
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 lot has an existing residence which pre-dates the City Code and has a bluff feature . A 15400t deep
by 18400t wide upper level deck is reasonable for an upper level sitting area off of a pre-existing patio
door. A larger upper level deck, an expanded lower level deck and a 3-season porch are a mere
convenience and resulted only from the property owner's actions .
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 for a 15-foot deep by 18400t wide upper level deck will not alter the essential
character of the neighborhood nor be detrimental to the health and safety of the public welfare . This deck
size is a reasonable for the property . A larger upper level deck , an expanded lower level deck and a 3 -
season porch feature are larger than reasonable and are an expansion of a legal nonconforming deck
area that is detrimental to the bluff areas common to the neighborhood .
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 and reconfiguration of features within the bluff
impact zone . The features are accessory uses to 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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3 . Based upon the findings set forth herein , the Planning Commission hereby approves the following variances
to allow the construction of a deck in the R- 1 SD ( Low Density Residential Shoreland) Zoning District :
a. A variance to allow a 15-foot deep by 18400t-wide upper level deck to remain in the bluff impact zone to
remain (Section 1104. 303)
4 . All other requested variances are denied .
5 . The variance is subject to the following conditions of approval :
a . The variance resolution shall be recorded at Scott County .
b . Building permits shall be obtained from the Building Department prior to the commencement of any
construction on the property .
c . The stairway from the dwelling to the lake with landings shall be brought into compliance with the City
Code by reducing the stairway to no more than 4 feet in width and the landings to no more than 32 square
feet each after the property owner obtains a permit.
d . The retaining walls are allowed to remain as long as the property owner applies for and obtains a permit.
e . The water orientated accessory structure is allowed to remain .
f. The patio pavers within the bluff impact zone are allowed to remain .
g . The smaller deck off of the garage is allowed to remain as long as the property owner applies for and
obtains a permit.
h . An upper level dock off of the existing patio door of no more than 154eet deep by 18-feet wide is allowed
as long as the property owner applies for and obtains a permit. Any upper level deck space in excess of
the 15400t by 18400t approved variance shall be removed .
i . The lower level deck of 15-feet by 18-feet is allowed to remain , as a reduction of a previous
nonconforming deck if the property owner applies for and obtains a permit . Any deck space in excess of
the 15-foot by 18-foot approved size shall be removed .
j . The 3-season porch shall be removed .
PASSED AND ADOPTED THIS 131h DAY OF MAY 2019 .
VOTE Fleming Kallberg Tschetter Ringstad Tiemar
Dave Tiernan , Commission Vice-Chair
Aye El 9 El F1
Nay ❑ ❑ ®' ❑ ❑
Absent l4 ❑ ❑ 9 ❑ ATTEST :
Abstain ❑ ❑ ❑ ❑ ❑ Casey McCabe „e'ommunity Development Director
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