HomeMy WebLinkAbout4B 14472 Shady Beach Trail NE Report
4646 Dakota Street SE
Prior Lake, MN 55372
PLANNING COMMISSION AGENDA REPORT
MEETING DATE: SEPTEMBER 9, 2019
AGENDA #: 4B
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 FRONT AND LAKE SETBACK
ON A PROPERTY IN THE R-1 SD (LOW DENSITY RESIDENTIAL
SHORELAND) ZONING DISTRICT
DISCUSSION: Introduction
Ronald and Elizabeth Reinsma are the applicants and property owners of 14472
Shady Beach Trail NE and are requesting variances from the minimum front and
lake setback for the construction of a single-family residence. The property is
located along the northern shores of Lower Prior Lake, east of Crest Ave NE and
south of Birchwood Ave NE. The following variances are requested as illustrated
on the attached survey:
• A 5-foot variance from the required minimum 25-foot front setback (Section
1102.405 (3))
• A 14.43-foot variance from the required minimum 50-foot lake setback
(Section 1104.308 (2))
Regulation Minimum Proposed Variance
Front Setback 25’ 20’ 5’
Lake Setback (Averaging allowed, 2 yards within 150’) 50’ 35.57’ 14.43’
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.
Current Circumstances
The property is 11,728 sq. ft. in size and is considered legal, non-conforming as
it does not meet the minimum lot size of 15,000 sq. ft. for a riparian lot on a
general development lake. The property was previously improved with a single-
family residence and detached garage which were removed at the end of 2018.
Currently, the applicants are requesting to construct a two-story, slab-on-grade,
single-family residence with an attached garage on the property. Due to the ele-
vation of the lot and the minimum lowest floor elevation for properties on Prior
Lake (907.9), a basement is not feasible on this lot.
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Front Setback: Subsection 1102.405 (3) lists the minimum front yard setback
requirement for development in the R-1 Use District as 25 feet. City Code allows
for a reduced front yard setback, but not less than 20 feet, without a variance
provided the average depth of at least two existing front yards within 150 feet are
less than 25 feet. The adjacent properties within 150 feet have front yard setbacks
which range from 9.6 feet to 32.6 feet. As a result, a variance is necessary albeit
not completely out of character for the neighborhood.
Lake Setback: Subsection 1104.308 (2) lists the setback requirements for ripar-
ian lots. Setbacks are measured from the Ordinary High Water (OHW) mark (904
elevation) of Lower Prior Lake. The former residence on the property was approx-
imately 10.5 feet from the 904 elevation.
Averaging is permitted on shoreland lots that have two adjacent lots with existing
principal structures. Averaging would allow any new residential structure to be
setback the average of the adjacent structures from the OHW or 50 feet, which-
ever is greater. The average of the two adjacent residences is approximately
37.50 feet. The proposed residence, as shown on the survey, would be 35.57
feet at its closest point from the 904 elevation. Per the applicant, the “stepped”
design of the proposed residence was intentional to maximize available space
while accommodating the angle of the lot on both the front and lake side.
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. Therefore, 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.
➢ As-Built shall be submitted to the Building Department prior to the issuance
of a Certificate of Occupancy.
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.
There are practical difficulties in complying with the strict terms of the Or-
dinance. This non-conforming lot is angular in shape and does not realis-
tically allow for a basement due to the lowest floor elevation for Lower Prior
Lake. As a result, the livable area above grade is divided into two stories
which are comparable in size with other residences in the neighborhood.
3
(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 is to “Promote the most appropriate and orderly devel-
opment of the residential, business, industrial, public land, and public ar-
eas”. 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 proposed
residence is similar to other residences in the neighborhood and is more
than three times the setback of the previous residence and is in harmony
with general purposes of the City Code and Comprehensive Plan.
(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 non-conforming lot area, the angle of the front property line and the
lake as well as the lack of feasibility to have a basement in the proposed
residence creates practical difficulties that are 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
Shady Beach Trail neighborhood nor be detrimental to 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 variances would allow the construction of a single-family
residence which is an allowed use within the R-1 SD Zoning District.
ALTERNATIVES: 1. Motion and a second to approve a resolution approving the variances re-
quested for 14472 Shady Beach Trail 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 variances requested because the Planning
Commission finds a lack of demonstrated practical difficulties under the zon-
ing code criteria.
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RECOMMENDED
MOTIONS:
Alternative #1.
ATTACHMENTS: 1. Resolution 19-XXPC
2. Location Map
3. Narrative from Applicant
4. Survey Revised Date 9-04-19
5. Proposed Residence Elevations
1
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 19-XXPC
VARIANCES FROM THE MINIMUM FRONT AND LAKE 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 September
9, 2019, to consider a request from Ronald and Elizabeth Reinsma, to approve variances for a reduced front and
lake 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:
14472 Shady Beach Trail NE, Prior Lake, MN 55372
Legal Description:
Lot 5, Shady Beach No. 2, Scott County, Minnesota.
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 var iance as contained in Case #DEV19-000022
and held a hearing thereon on September 9, 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 dif ficulties,”
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 is angular
in shape and does not realistically allow for a basement due to the lowest floor elevation for Lower Prior Lake. As a
result, the livable area above grade is divided into two stories which are comparable in size with other residences
in the neighborhood.
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 is 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 proposed residence is similar to other residences in
the neighborhood and is more than three times the setback of the previous residence and is in harmony with general
purposes of the City Code and Comprehensive Plan.
2
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 non-conforming lot area, the angle of the front property line and the lake as well as the lack of feasibility to have
a basement in the proposed residence creates practical difficulties that are 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 Shady Beach Trail neighborhood nor be
detrimental to 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 variances would allow the construction of a single-family residence which is an allowed use within
the R-1 SD 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 dwelling in the R-1 SD (Low Density Residential Shoreland) Zoning District:
a. A 5-foot variance from the required minimum 25-foot front setback (Section 1102.405 (3))
b. A 14.43-foot variance from the required minimum 50-foot lake setback (Section 1104.308 (2))
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 9th DAY OF SEPTEMBER 2019.
_______________________________
Bryan Fleming, Commission Chair
ATTEST: _________________________________
Casey McCabe, Community Development Director
VOTE Fleming Kallberg Tschetter Ringstad Tieman
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
BIRCHWOOD AV NE
SHADY BEACH TRL NELower Prior Lake
Ü
14472 Shady Beach Trail NE VarianceLocation Map
UPPER PRIOR LAKE
GD
(904)
LOWER PRIOR LAKE
GD
(904)
PIKE
LAKE
NE(820.5)
MYSTIC
LAKE
NE
HAAS
LAKE
NE(907.3)
ARTIC
LAKE
NE(906.7)
HOWARD LAKE
NE
(957.3)
SUBJECTPROPERTY
SUBJECTPROPERTY
(908.0)(908.0)(908.0)(908.0)(
9
0
8
.
5
)(907.3)FD IPFD IPFD IPFD IPTNH907.83FD IPR:905.62FD IP905.9905.9906.3906.0905.6905.2904.1904.1904.4904.5904.2904.4903.2902.9902.8902.8903.0903.2903.8904.4904.2905.8906.3905.7905.5905.3905.1905.5905.6905.5902.8902.8902.8902.9902.814908.936906.550904.528906.024905.9NO PARKING SIGNFD IPGARAGEGARAGEEXISTINGHOUSE"UNDER CONST."EXISTINGHOUSESHADY BEACH TRAIL9089069059049069069079089069079089069079089087.50
10.75
20
.
0
0
44.6940.57GARAGE 18.00 4.00 10.00 12.50 5.17 7.83 6.83 7.67 20.00 4.00 12.00 8.00 2.00 12.00 2.00 8.00
52.00 8.00 7.00
8.00 18.00
4.00 20.00
PROPOSED HOUSE
"SLAB ON GRADE"
PLATFORM
DETACHED
FROM HOUSE
POR.26.0044.00
6.00 7.00 7.83 SETBACK LINESETBACK LINEPROPOSED 20FT. FRONTSETBACK LINE - VARIANCEN04°52'02"W164.21132.51S34°06'35"W116.25S06°16'20"EEDGE OF ICES50°46'58"W97.71904 OHWLPRIOR LAKEOHWL = 904.0ICE ELEVATION = 902.8 (12-13-18)FEMA BASE FLOOD ELEV = 906.9PER CITY OF PRIOR LAKESURVEY LINE20±21±EX. SODEX. SODEX. SOD19.819.0910910.1905.7905.9905.2909.4909.8910.0909.9909.8908.9908.0906.7906.8907.8907.0907.2907.6907.6905.6905.2905.1EDGE OF BITUMINOUS(908.20)909.6909.4(908.7)908.2(
9
0
8
.
7
)
(
9
0
8
.
5
)
8.
0
%(908.0)(908.0)(908.0)(907.0)(908.0)(908.0)(906.3)(908.0)(907.3)(908.0)(909.6)(910.1)x(905.7)(905.3) 19.0010.020.7055.171
9
.
1
6 4.006.00BALCONY
BALCONY
3
5
.
5
7 42.533'x6'CONC.3'x3'CONC.7.50
6.004.00906.9(907.0)909.5(907.8)908.2906.916.4(906)(907)(906)(906)(907)(907)(907)(907)DENOTES EXISTING CATCH BASINDENOTES EXISTING HYDRANTDENOTES EXISTING SANITARY MANHOLEDENOTES EXISTING STORM MANHOLEDENOTES EXISTING COMMUNICATION BOXDENOTES EXISTING ELECTRIC BOXDENOTES EXISTING SERVICE OR CLEANOUTDENOTES IRON MONUMENT FOUNDDENOTES IRON MONUMENT SETDENOTES EXISTING POWER POLEDENOTES EXISTING LIGHT POLEDENOTES EXISTING CONSERVATION POSTOR WET LAND BUFFER POSTDENOTES EXISTING TREEPPLP8" TREE000.0DENOTES WOOD HUBDENOTES NAILDENOTES EXISTING RETAINING WALLDENOTES PROPOSED RETAINING WALLDENOTES EXISTING ELEVATIONDENOTES PROPOSED ELEVATIONDENOTES AS BUILT ELEVATION(000.0)000.0DENOTES EXISTING TREELINEDENOTES DIRECTION OF SURFACE DRAINAGEDENOTES EXISTING FENCELEGENDDENOTES EXISTING F.E.S.LOT AREA TO 904 HWL : 11,728 SQ. FT.HOUSE AREA : 2,733 SQ. FT.PORCH AREA : 53 SQ. FT.PLATFORM AREA : 800 SQ. FT.TOTAL IMPERVIOUS AREA : 3,518 SQ. FT. (29.99%)(NA)CONCRETE AREA : 18 SQ. FT.CONCRETE AREA : 9 SQ. FT.BALCONY AREA : 76 SQ. FT. (NA)BALCONY AREA : 108 SQ. FT. (NA)DRIVEWAY AREA : 705 SQ. FT.Legal Description:= FINISHED GARAGE FLOOR ELEVATION= MAIN FLOOR ELEVATION - SLAB ON GRADE= TOP OF FOUNDATION ELEVATION(908.20)(908.70)(908.70)1. No specific soils investigation has been performed on this lotby the surveyor. The suitability of the soils to support thespecific house is not the responsibility of the surveyor.2.No title information was provided for this survey. This surveydoes not purport to show all easements of record.3. See architectural plans for final building dimensions.BENCHMARK:SANITARY MH IN FRONT OF 14476 SHADY BEACH TRAIL.RIM ELEVATION = 906.00AREAS:CERTIFICATE OF SURVEYNOTES:1. ROCK CONSTRUCTION ENTRANCE AT DRIVEWAY.2. EROSION CONTROL AT GRADING LIMITS.REVISED 07-31-19: CHANGED MASTER BALCONY TO 6FT.REVISED 09-03-19: ADD PRIOR LAKE FEMA FLOOD ELEVATION,LOWERED HOUSE 0.5FT., REVISED DRIVEWAY, REVISED AREACALCULATIONS, REVISE PROPOSED ELEVATIONS AND ADDPROPOSED GRADING CONTOURS.REVISED 09-04-19: REDUCED DRIVEWAY TO KEEP IMPERVIOUS COVERAGE UNDER 30%.
DRAWN BYDESCRIPTIONPROJECT #PROJECTISSUERE-ISSUEBUILDER18476 KENRICK AVE SUITE 202LAKEVILLE, MN 55044TEL: 952.428.8200EM: Dave@DavidCharlezDesigns.comD A V I D C H A R L E Z D E S I G N Sa
Notes: Dimensions, details and conformation to all local codes are to be verified by owner and contractor prior to the start of construction. The designer of the home is not a licensed structural engineer or architect and will assume no responsibility for items including, but not limited to : construction technique, quality of material, workmanship, code adherence, safety, water proofing, insulation, radon, mold/mildew or other designs, specification or construction issues. It is recommended that a licens ed engineer review all plans for structural integrity and verify that the home meets code for extraordinary wind or other natural stresses such as flooding, snowfall or substandard bearing soil. All structural members on the plans should be verified by th e manufacturer and their licensed engineering staff. Is is also recommended
that a licensed contractor be commissioned to construct the home. All door and window size are approximate rough openings. Specific manufacturer sizes vary and egress openings should be confirmed prior to construction. The home should be flashed and enclosed to meet local code. Sizes of material and products reflect accepted industry standards and in no way indicate a specific manufacturer. All building components to be installed and constructed to selected manufacturer specified installation techniques and in accordance with local building codes. Optional items may be shown on the home, within the landscaping/site plan or in the rendering for illustrative purpose only. Consult builder for standard or included features. c David Charlez Designs 2019. Do not replicate with out permission (952)428-8200. David
Charlez Design retains rights to all plans and detail shown.4/2/2019 9:03:15AM00 TitleCOP - Reinsma - CD - SMReinsma ResidenceCopper Creek14198 Commerce Ave. NESuite # 500Prior Lake, MN 5537210.23.2018SM14472 Shady Beach TrailPrior Lake, MN 55372r e i n s m a r e s i d e n c e
14472 SHADY BEACH TRAIL
PRIOR LAKE, MN 55372