The URL can be used to link to this page

Home My WebLink AboutResolution 19-14PC - PDEV18-000026 - Variances - 15389 Breezy Point Road SE Receipt: # 632631 T258668 VAR $46 .00 cert # 57097 Return to: LAKE CITY 4646 I IIIIIIII III VIII VIII VIII VIII VIII IIII IIII 4646 DAKOTA ST SE PRIOR LAKE MN 55372 Certified Filed and/or recorded on: 11 /26/2019 8 : 35 AM Office of the Registrar of Titles Scott County , Minnesota Julie K. Hanson, Registrar of Titles 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 1944PC A RESOLUTION APPROVING VARIANCES FROM THE MINIMUM LAKE SETBACK , MINIMUM SIDE YARD SETBACKS , MAXIMUM IMPERVIOUS SURFACE AND EXPANSION OF A NON - CONFORMING STRUCTURE ON A PROPERTY IN THE R- 1 SD ( LOW DENSITY RESIDENTIAL SHORELAND ) ZONING DISTRICT � 1 51,hL anda Schwabe City of Prior Lake Dated this 14th day of October 2019 . 15389 Breezy Point Road SE TORRENS PROPERTY PID : 250260020 Return to and drafted by , City of Prior Lake Community Development Department PR U/ 4646 Dakota Street SE �• � Q ,.0. 0 . 0 • • . , /l Prior Lake, MN 55372 � w , ftop A,0 jeal � , Pt . ��+ O� PRIpP u �Z 4646 Dakota Street SE Prior Lake , MN 55372 '�fINNESOSP RESOLUTION 19- 14PC VARIANCES FROM THE MINIMUM LAKE SETBACK, MINIMUM SIDE YARD SETBACKS , MAXIMUM IMPERVIOUS SURFACE AND EXPANSION OF A NON - CONFORMING STRUCTURE ON A PROPERTY IN THE R- 1 SD (LOW DENSITY RESIDENTIAL SHORELAND ) ZONING DISTRICT Motion By: Tschetter Second By: Tiernan . WHEREAS, The Prior Lake Planning Commission , acting as the Board of Adjustment, conducted a public hearing on October 14 , 2019, to consider a request from Charles Borrell , on behalf of Property Buyers R Us , LLC, to approve variances for reduced lake and side yard setbacks , increased impervious surface maximum and expansion of a non- conforming structure to construct a second story and front entry/porch addition on an existing , non -conforming single-family dwelling located in the R- 1 SD (Low Density Residential Shoreland) Zoning District at the following property: 15389 Breezy Point Road SE , Prior Lake , MN 55372 Legal Description : Lot 2 Breezy Point, Scott County, Minnesota ( PID : 250260020) WHEREAS, Notice of the public hearing on said variance request was duly published in accordance with the applicable Prior Lake Ordinances ; and WHEREAS, The Board of Adjustment 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 Board of Adjustment has reviewed the application for the variances as contained in Case #DEV19-000026 and held a hearing thereon on October 14, 2019 ; and WHEREAS, The Board of Adjustment 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 BOARD OF ADJUSTMENT OF PRIOR LAKE, MINNESOTA as follows : 1 . The recitals set forth above are incorporated herein . 2 . The Board of Adjustment 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 does not meet required setbacks . Most expansions to the residence would require a variance. Since the existing residence (without the deck) is located approximately 27 . 7 feet from the OHW at its closest point, there is not a location on the rear of the home where a deck could be constructed in a conforming location . According to the applicant, the removal of the existing , wrap around deck and large paver driveway and walks will improve the aesthetics of the residence . 1 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 construction of a second story and front entry/porch 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 age and configuration of the lot as well as the location and age of the existing residence, there are not options to construct an addition (enclosed living area or deck) in a conforming location on the property. These circumstances are not resulting from actions of the owners of the property. Most of the neighboring residences have a second story and decks on the lake side. 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 . I The granting of the variances will not alter the essential character of the Breezy Point SE neighborhood nor be detrimental to the health and safety of the public welfare . Most of the neighboring residences have decks , which have setbacks ranging approximately 21 -31 feet from the 904 elevation . Based on aerial photos, the average setback from the furthest protrusion of the existing residences to the 904 elevation in this area is approximately 25 feet, therefore , the proposed 22 . 2-foot setback would not alter the character of the neighborhood . As stated previously, most of the homes in the neighborhood have more than 1 story in height, therefore , as proposed the residence should not alter the character of the neighborhood . As part of this project the Applicant is proposing to remove the three (3) existing trees on the property. Staff has reviewed the proposed tree removal and anticipates approximately twenty-five (25) inches of trees will be required to be replaced as part of a future building permit. An escrow is taken at the time of the issuance of a building permit for required tree replacement. Staff will work with the applicant to confirm any tree replacement requirements are met. 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 addition of a second story and front entry/porch on an existing , non- conforming single-family residential dwelling which is an allowed use within the R-1 SD (Low Density Residential Shoreland) Zoning District. 3 . Based upon the findings set forth herein , the Board of Adjustment hereby approves the following variances to allow the construction of a second story and front entry/porch on an existing , non -conforming single-family residence in the R-1 SD (Low Density Residential Shoreland) Zoning District: a. A 10, 739 SF variance from the required minimum 15, 000 SF minimum lot size on a General Development Lake (Section 1104. 302(3)) b. A 27. 8-foot variance from the required minimum 50400t lake setback (Section 1104. 308 (2)) c. A 0. 8400t variance from the required minimum 5400t side yard setback on a non-conforming lot (Section 1101 . 502(7)) d. A 1-foot variance from the required minimum 10-foot side yard setback on a non-conforming lot (Section 1102. 502(7)) e. A 1 . 8400t variance from the required minimum 1546ot total side yard setback on a non-conforming lot (Section 1102. 502(7)) f. A 9.2% variance from the allowed 30% impervious surface maximum in the Shoreland Overlay District (Section 1104. 306) 2 g. Expanding a non-conforming structure (Section 1107. 2302 (2) a.) 4 . The variances are subject to the following conditions of approval : a . The variance is specific to the reviewed and approved second story and front entry/porch expansion request. Demolition of the existing structure would require a new variance request. b . The variance resolution shall be recorded at Scott County. c. Building Permit shall be obtained from the Building Department prior to the commencement of construction . PASSED AND ADOPTED THIS 14th DAY OF OCTOBER 2019 . VOTE Fleming Kallberg Tschetter Ringstad Tiernan �i Aye p ❑ ❑ ❑ ❑ B . an Flemi g , Commis s on Chair Nay ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ElATTEST: Abstain ❑ ❑ ❑ ❑ ❑ Casey Mc a e , Community Development Director 3