HomeMy WebLinkAbout4C - Lot 18, Green Heights Plat Variance
4646 Dakota Street SE
Prior Lake, MN 55372
PLANNING COMMISSION AGENDA REPORT
MEETING DATE: AUGUST 22, 2022
AGENDA #: 4C
PREPARED BY:
PRESENTED BY:
JEFF MATZKE, PLANNER
JEFF MATZKE
AGENDA ITEM: PUBLIC HEARING TO CONSIDER APPROVAL OF A RESOLUTION APPROVING
VARIANCES ON A PROPERTY LOCATED LOT 18, GREEN HEIGHTS PLAT
DISCUSSION: Introduction
Pebble Creek Homes, on behalf of the property owner Jason Walgrave, is requesting
variances from the minimum rear yard setback, maximum impervious surface cover-
age, and minimum side yard setback to allow construction of a new single-family dwell-
ing located on Lot 18, Green Heights Plat. The property is located north of Pershing
Street, west of Dunkirk Avenue. The requested variances are listed below:
· A 5.6-foot variance from the required minimum 25.0-foot rear yard setback (Sub-
section 1141.500 (3))
· A 0.4-foot variance from the side yard setback for a wall segment that is over 60
feet in length (Subsection 1141.500 (7))
· A 13.4% variance from the required maximum impervious surface allowed on a
property within the Shoreland District (Subsection 1130.405)
Regulation Requirement Proposed Variance
Rear Yard Setback 25.0 ft. min. 19.4 ft. 5.6 ft.
Side Yard Setback (with wall over 60 ft. length) 5.4 ft. min. 5.0 ft. 0.4 ft.
Impervious Surface (percentage of total lot
area) 30% max. 43.4% 13.4%
History
The property is zoned R-1 (Low Density Residential) and is guided R-LD (Urban Low
Density) on the 2040 Comprehensive Plan Land Use Map. The property is in the
Shoreland Overlay District of Upper Prior Lake. Lot 18 of the Green Heights plat was
created as a buildable lot of record in 1928; it is currently a vacant lot.
Current Circumstances
The applicant is requesting to construct a new 2-story single-family dwelling on the
property.
Rear Yard Setback: Subsection 1141.500 (3) lists the minimum rear yard setback
requirement as twenty (25) feet. The proposed rear yard setback is 19.4 feet from the
back of the deck. While the property is 50 feet in width the width of the buildable area
is only 30 feet due to a 15-foot utility easement and a 5-foot side setback. The applicant
has designed a longer house footprint with a 10-foot rear deck area.
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Side Yard Setback: Subsection 1141.500 (3) states that a side yard adjacent to a wall
longer than 60 feet in length be increased by 2 inches for every foot over 60 feet. The
proposed building wall length along the eastern lot line is 62.5 feet in length which
requires a 5.4-foot setback. The applicant proposes a 5.0-foot setback. Therefore a
0.4-foot variance is requested.
Impervious Surface: City Code 1130.405 requires a maximum impervious surface of
30% of the total lot area. Lot 18 of the Green Heights Plat is 6,006 square feet in size.
The impervious surface is proposed to be a total of 43.4% of the area of Lot 18. A
portion of the gravel roadway of Roosevelt Street is located on Lot 18 for a total of 401
square feet of roadway. The total impervious surface on the property excluding the
roadway surface is 2,232 square feet (36.8% of the total lot area).
ISSUES: This project includes a request for variances. Prior Lake City Code Section 1152 states
that the Board of Adjustment may grant a variance from the strict application of the
provisions of the Zoning Ordinance, provided that:
(1) Variances shall only be permitted when they are in harmony with the
general purposes and intent of the Zoning Code.
The granting of the variance is in harmony with the general purposes of the Zon-
ing Code. A purpose of the Zoning Ordinance is to “Promote the most appropri-
ate and orderly development of the residential, business, industrial, public land,
and public areas”. The small and narrow lot creates the necessary hardship for
the rear, side, and impervious surface variance requests. The impervious sur-
face of the lot includes the Roosevelt Street roadway surface.
(2) Variances shall only be permitted when they are consistent with the
Comprehensive Plan.
The granting of the variance is consistent with the Comprehensive Plan and its
goal to maintain and improve physical character and identity. This is
accomplished by achieving compatible relationships between different types of
land uses by utilizing design standards, appropriate buffers, land use transitions,
and high-quality design.
(3) Variances may be granted when the applicant for the variance establishes
that there are practical difficulties in complying with the Zoning Code.
“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 Code, the plight of the
landowner is due to circumstances unique to the property not created by
the landowner, and the variance, if granted, will not alter the essential
character of the locality.
There are practical difficulties in complying with the strict terms of the Ordinance.
The small lot size (6,006 square feet) of the property as well as the limited width
of the buildable area due to a 15-foot utility easement results in a limited area for
placement of a dwelling. The rear and side yard setbacks are similar to other
the neighborhood properties. The impervious surface variance is warranted due
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to the presence of a roadway on the property and the smaller 6,006 square foot
size of the property.
(4) Economic considerations alone do not constitute practical difficulties.
Economic considerations are not the reason for the variance request.
Conclusion
City Staff believes variances are warranted and necessary to allow for the new single-
family home due to the size and width of the property. The impervious surface variance
is warranted to allow a proposed dwelling along with the existing roadway surface on
the property. The essential character of the neighborhood will not be altered as other
nearby properties have similar lot sizes, setbacks, and impervious surfaces.
Therefore, City Staff recommends approval of the requested variances with the follow-
ing conditions:
The variance resolution shall be recorded at Scott County.
Building Permit shall be obtained from the Building Department prior to the com-
mencement of construction.
ALTERNATIVES: 1. If the Planning Commission finds the requested variances are warranted in this
case, a motion and a second to adopt a resolution approving the variance re-
quested for Lot 18, Green Heights Plat with the listed conditions or approve any
variance the Planning Commission deems appropriate in the circumstances.
2. If the Planning Commission finds the requested variances are not warranted in this
case, a motion and a second to deny the variance requested because the Planning
Commission finds a lack of demonstrated practical difficulties under the zoning
code criteria.
RECOMMENDED
MOTIONS:
3. If the Planning Commission would like additional information from the applicant
about one or more of the requested variances, a motion and a second to table or
continue discussion of the item for specific purpose as directed by the Planning
Commission.
Alternative #1
ATTACHMENTS: 1. Resolution 22-21PC
2. Location Map
3. Proposed Survey dated 8-17-22
4. Elevation Rendering
5. Applicant Letter dated 8-17-22
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4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 22-21PC
VARIANCES FROM THE MINIMUM REAR YARD SETBACK, MINIMUM SIDE YARD SETBACK,
AND MAXIMUM IMPERVIOUS SURFACE COVERAGE TO ALLOW CONSTRUCTION OF A
SINGLE-FAMILY DWELLING ON A PROPERTY IN THE R-1 (LOW DENSITY RESIDENTIAL)
ZONING DISTRICT
WHEREAS, The Prior Lake Planning Commission, acting as the Board of Adjustment, conducted
a public hearing on August 22, 2022, to consider a request from Pebble Creek
Homes, on behalf of the property owner Jason Walgrave, requesting variances from
the minimum rear setback, minimum side yard setback, and maximum impervious
surface coverage to allow construction of a new single-family dwelling located in the
R-1 (Low Density Residential) Zoning District at the following property:
(PID 250940141)
Legal Description: Lot 18, GREEN HEIGHTS, 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 variance as
contained in Case #DEV22-000024 and held a hearing thereon on August 22, 2022;
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. Variances shall only be permitted when they are in harmony with the general
purposes and intent of the Zoning Code.
The granting of the variance is in harmony with the general purposes of the Zoning Code. 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”. The small
and narrow lot creates the necessary hardship for the rear, side, and impervious surface
2
variance requests. The impervious surface of the lot includes the Roosevelt Street roadway
surface.
b. Variances shall only be permitted when they are consistent with the Comprehensive
Plan.
The granting of the variance is consistent with the Comprehensive Plan and its goal to
maintain and improve physical character and identity. This is accomplished by achieving
compatible relationships between different types of land uses by utilizing design standards,
appropriate buffers, land use transitions, and high-quality design.
c. Variances may be granted when the applicant for the variance establishes that there
are practical difficulties in complying with the Zoning Code. “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
Code, the plight of the landowner is due to circumstances unique to the property not
created by the landowner, and the variance, if granted, will not alter the essential
character of the locality.
There are practical difficulties in complying with the strict terms of the Ordinance. The small
lot size (6,006 square feet) of the property as well as the limited width of the buildable area
due to a 15-foot utility easement results in a limited area for placement of a dwelling. The
rear and side yard setbacks are similar to other the neighborhood properties. The
impervious surface variance is warranted due to the presence of a roadway on the property
and the smaller 6,006 square foot size of the property.
d. Economic considerations alone do not constitute practical difficulties.
Economic considerations are not the reason for the variance request.
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 per the proposed survey
in the R-1 SD (Low Density Residential Shoreland) Zoning District:
a. A 5.6-foot variance from the required minimum 25.0-foot rear yard setback (Subsection
1141.500 (3))
b. A 0.4-foot variance from the side yard setback for a wall segment that is over 60 feet in
length (Subsection 1141.500 (7))
c. A 13.4% variance from the required maximum impervious surface allowed on a property
within the Shoreland District (Subsection 1130.405)
3
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 22nd DAY OF AUGUST 2022.
_______________________________
David Tieman, Commission Chair
ATTEST: _________________________________
Casey McCabe, Community Development Director
VOTE Tieman Johnson Kallberg Tschetter Ringstad
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
37XXX ROOSEVELT ST SW
Variance Use
Location Map
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Inguadona Beach Cir SWRoosevel
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42
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8723
79
16
18
82
78
83
17
70
14
X:\Planning\Location Map\Location Map Template\LOCATION MAP TEMPLATE SP.aprx
0 80 160 240 320Feet
Subject Properties
Subject Property
ooooooooooLEGENDoFOUND IRON PIPESET IRON PIPETELEPHONE BOXELECTRIC METERPOWER POLEHYDRANTDECIDUOUSWOOD FENCEBITUMINOUS SURFACECONCRETE SURFACEPAVER SURFACEGREEN HEIGHTS TRAIL SW
PRIOR LAKE MINNESOTA
CERTIFICATE OF SURVEY
FOR
PEBBLE CREEK CUSTOM HOMES2222A. 22 E[LVWLQJ HDVHPHQWWIRE FENCEGRAVEL SURFACEB. 22 PURSRVHG K\GUDQW DQGXWLOLW\ HDVHPHQWC. 222 PURSRVHG KRXVHProposedGarage Floor @ Front= 940.2Garage Top of Block= 940.6House Top of Block= 939.1Lowest Floor= 929.4Lower Garage Floor @ Rear= 929.0SURVEYOR'S CERTIFICATEFLOOR ELEVATIONSTop nut hydrant at the southeast corner of Lot 2, GREEN HEIGHTS. Elevation = 924.98BENCHMARKI hereby certify that this survey, plan or report was prepared by me or undermy direct supervision and that I am a duly Licensed Land Surveyor under thelaws of the State of Minnesota. That this survey does not purport to show allimprovements, easements or encroachments, to the property except asshown thereon.Signed this 3rd day of March, 2022Marcus F. Hampton, MN L.S. No. 474812 WEST C.R. 2 SUITE BURNSVILLE MN
PHONE 2. . ZZZ.MUKLQF.FRP
PLANNERS ENGINEERS SURVEYORSDRAWN BYDATEREVISIONSPLMCAD FILE2 OOV.GZJPROJECT NO.2 FILE NO.22SHEET 2 OF 2James R. Hill, Inc.1.Subject property's address for Lot 18 is not assigned, its propertyidentification number is 250940141.2. The bearing system is based on the south line of Lot 18, GREEN HEIGHTSwhich is assumed to bear North 03 degrees 37 minutes 35 seconds West.3.Field work was completed 2/16/2022.4.The building(s) and exterior dimensions of the outside wall at groundlevel are shown on the survey. It may not be the foundation wall.5.No specific title search for existence or non-existence of recorded orun-recorded easements has been conducted by the surveyor as a part ofthis survey. Only easements per the recorded plat are shown.6.The gross area of Lot 18 is 0.139 Acres or 6,060 square feet.NOTESLot= 6,060 sq. ft.House/Garage= 1,781 sq. ft.Porch= 46 sq. ft.Driveway= 405 sq. ft.Sidewalk= 24 sq. ft. (less than 3' wide) (exempt)Existing Road on lot= 401 sq. ft. (exempt)Total Impervious with Road= 2,633 sq. ft. or 43.4% of lotTotal Impervious without Road= 2,232 sq. ft. or 36.8% of lotHARD COVER CALCULATIONSLot 18, GREEN HEIGHTS, Scott County, Minnesota.PROPERTY DESCRIPTIOND. 222 RHDU GULYHZD\E. 22 HVH. SODQ GULYHZD\
Jeff,
We are drafting the following letter explaining why we are requesting that rear setback
variance and an impervious surface variance for the property with a PID number of
250940141.
The property owner, Jason Walgrave, has asked us to design a new home to be built on
the subject property. After coming to a final house design, and after placing the proposed house on the survey, it appears that we will need both a rear setback variance and an impervious surface variance.
Reasons for a Rear Setback Variance Request.
1) Per the survey, Roosevelt encroaches onto the front side of the property approximately six feet. In order to have at least 19 ft of driveway, we had to slide the house back towards Green Heights Trl SW. This causes the deck to be
approximately 19.4 ft from Green Heights Trl SW.
2) After looking at the County GIS maps and pulling surveys from the City’s Property Records/Information page, it appears that there are a number of properties in between Green Heights Trl SW and Roosevelt St SW that have front or rear setbacks that are less that 25 ft.
Impervious Surface Variance Request. 1) Due to the limited size of the lot, which is 6060 sq ft, we are requesting that a variance be granted for the impervious surface. There is also a large green space area west of the property that can not be developed, which is approximately 2450
sq ft. This area is to remain a green space and we ask that the City consider this
area when calculating our impervious surface percentages of the proposed structure and hardscapes. Based on the gross lot sq ft of 6060 sq ft and after removing the gavel area of Roosevelt St SW from the total impervious surface amount, we would be at 36.8%. If we were to add the 2450 sq ft green space area
into the total calculations, then we would be at 26.2% for the impervious surface
percentage. Please reference the building plans and the survey that we have submitted with our variance application.
Property Owner: Jason Walgrave
Signature: ____________________________________ Date: ________________________
Address: 13875 Hwy 13 South, Suite 100, Savage, MN 55372
Builder: PEBBLE CREEK CUSTOM HOMES, LLC
Signature: ____________________________________ Date: ________________________
By: Derek Walgrave
Title: Managing Partner
Address: 8774 Egan Drive, Savage, MN 55378
8-17-22
8-17-22