HomeMy WebLinkAbout4A 14500 Shady Beach Trail Variance
4646 Dakota Street SE
Prior Lake, MN 55372
PLANNING COMMISSION AGENDA REPORT
MEETING DATE: JANUARY 9, 2023
AGENDA #: 4A
PREPARED BY:
PRESENTED BY:
JEFF MATZKE, PLANNER
JEFF MATZKE
AGENDA ITEM: PUBLIC HEARING TO CONSIDER APPROVAL OF A RESOLUTION APPROVING
VARIANCES FROM THE MINIMUM LAKE SETBACK, MAXIMUM IMPERVIOUS
SURFACE, AND MINIMUM VEHICULAR ACCESS IN A FLOODPLAIN ON A PROP-
ERTY LOCATED IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT
DISCUSSION: Introduction
Pinnacle Family Homes, on behalf of the property owner, Bell Properties, is requesting
a variance from the minimum lake setback, maximum impervious surface, and mini-
mum vehicular access in a floodplain for construction of a new dwelling. The property
is located at 14500 Shady Beach Trail NE along the southern shores of Lower Prior
Lake. The requested variances are listed below:
· A 25.0-foot variance from the required minimum 50-foot setback from the Ordinary
High-Water Mark of Prior Lake using the averaging of the adjacent properties (Sec-
tion 1130.407 (2))
· A 7.5% variance from the required maximum impervious surface allowed on a prop-
erty within the Shoreland District (Section 1130.405)
· A 0.6-foot variance from the required minimum elevation for vehicular access within
the floodplain (Section 1131.602 (5))
Regulation Requirement Proposed Variance
Lake Setback 50 ft. 25.0 ft. 25.0 ft.
Impervious Surface (percentage of total
lot area) 30% maximum 37.5% 7.5%
Vehicular Access Elevation - Floodplain 905.9 elevation 905.3 elevation 0.6 elevation
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 Prior Lake. The existing house was constructed in 1955.
Current Circumstances
The applicant is requesting to remove the existing dwelling and driveway and place a
new two-story dwelling on the property. A basement level is not possible due to the
floodplain of Prior Lake.
Lake Setback: Subsection 1130.407 (2) allows for a minimum 50-foot setback to the
ordinary high-water mark of the lake (904 elevation) using the average of the adjacent
properties. The proposed setback of 25.0 feet would be greater than the existing lake
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setback (18.0 feet from the existing house foundation). The average setbacks of the
adjacent properties as indicated on the survey is 24.46 feet (26.54 feet and 22.39 feet
respectively). Many dwellings along Shady Beach Trail have lake setbacks less than
30 feet.
Impervious Surface: City Code 1130.405 requires a maximum impervious surface of
30% of the total lot area. The parcel is approximately 8,958 square feet above the 904
Ordinary High Water (OHW) elevation. The impervious surface is proposed to be re-
duced from an existing 67.0% to proposed 37.5% of the total lot area above the OHW.
The footprint of the proposed house pad is 2,436 square feet with a 925 square foot
driveway.
Vehicular Access - Floodplain: Lastly, the variance requested from minimum eleva-
tion for vehicular access is necessary in this case. The property and this section of the
Shady Beach Trail roadway lie within the floodplain of Lower Prior Lake and have for
many years; therefore, it is not possible to raise the road elevation at the access point
(905.3 elevation) to the property to meet the current ordinance requirement of 905.9
elevation.
ISSUES: This project includes a request for variances. 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 variances is in harmony with the general purposes of
the Ordinance and Comprehensive Plan. A purpose of the Zoning Ordi-
nance is to “Promote the most appropriate and orderly development of the
residential, business, industrial, public land, and public areas”. Furthermore,
the Shoreland Ordinance (Section 1130) policy’s intent is “in the best inter-
ests of the public health, safety, and welfare to provide for the wise devel-
opment of shoreland of public waters.”
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.
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There are practical difficulties in complying with the strict terms of the Ordi-
nance. The small and uniquely shaped lot (8,958 square feet) of the prop-
erty results in a limited area for placement of a dwelling/garage. The pro-
posed dwelling will decrease the current nonconforming lake setback from
18 feet to 25.0 feet and reduce impervious surface on the property. The
unique lot shape and long driveway needed to access the buildable area
has created practical difficulty with complying with the City Code. A dwelling
which meets the required lake setback of 50 feet would not be possible
given the lot shape. 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. Many of the dwellings along the
roadway have nonconforming lake setbacks similar to those requested by
the applicant. Variances from the lake setback and impervious surface re-
quirement have been granted along Shady Beach due to the lot
shapes/sizes and lot depths.
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 construction of
a new single-family home due to the lot constraints unique to the property and practical
difficulties as stated in the findings in this report. The lake setbacks are similar to those
in the Shady Beach Trail area. The applicant proposes to improve the nonconforming
lake setback and impervious surface on the property over the existing conditions.
Drainage improvements would also be achieved from the removal of driveway areas
directly adjacent to the neighboring properties. Therefore, City Staff recommends ap-
proval 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 com-
mencement of construction.
Any sidewalk permitted on the property must be a maximum of 3 feet in width to be
exempt from the impervious surface calculations. Also, no hard surface areas
(such as paver/concrete patios) are permitted which would increase the impervious
surface above 37.5% of the total lot area above the 904 high-water level elevation.
No future upper-level deck may be added to the structure that would be in violation
of the 25.0 lake setback.
The lowest floor elevation of the structure must meet the regulatory flood protection
elevation (RFPE) which is currently 907.9 ft elevation.
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 variances re-
quested for 14500 Shady Beach Trail NE 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.
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
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RECOMMENDED
MOTIONS:
continue discussion of the item for specific purpose as directed by the Planning
Commission.
Alternative No. 1
ATTACHMENTS: 1. Resolution 23-01PC
2. Location Map
3. Existing Survey dated 11-17-22
4. Proposed Survey dated 10-26-22
5. Applicant Narrative
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4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 23-01PC
VARIANCES FROM THE MINIMUM LAKE SETBACK, MAXIMUM IMPERVIOUS SURFACE
COVERAGE, AND MINIMUM VEHICULAR ACCESS IN A FLOODPLAIN 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 January 9, 2023, to consider a request from Pinnacle Family
Homes, on behalf of the property owner, Bell Properties, requesting variances from
the minimum lake setback, maximum impervious surface coverage, and minimum
vehicular access in a floodplain to allow construction of a new single-family dwelling
located in the R-1 (Low Density Residential) Zoning District at the following property:
(PID 250460120)
Legal Description: Lot 11, except the south 65 feet of 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 variances as
contained in Case #DEV22-000035 and held a hearing thereon on January 9, 2023;
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 variances is 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
2
public areas”. Furthermore, the Shoreland Ordinance (Section 1130) 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.”
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
and uniquely shaped lot (8,958 square feet) of the property results in a limited area for
placement of a dwelling/garage. The proposed dwelling will decrease the current
nonconforming lake setback from 18 feet to 25.0 feet and reduce impervious surface on the
property. The unique lot shape and long driveway needed to access the buildable area has
created practical difficulty with complying with the City Code. A dwelling which meets the
required lake setback of 50 feet would not be possible given the lot shape. 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. Many of the dwellings along
the roadway have nonconforming lake setbacks like those requested by the applicant.
Variances from the lake setback and impervious surface requirement have been granted
along Shady Beach due to the lot shapes/sizes and lot depths.
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 25.0-foot variance from the required minimum 50-foot setback from the Ordinary High-
Water Mark of Prior Lake using the averaging of the adjacent properties (Section 1130.407
(2))
b. A 7.5% variance from the required maximum impervious surface allowed on a property within
the Shoreland District (Section 1130.405)
c. A 0.6-foot variance from the required minimum elevation for vehicular access within the
floodplain (Section 1131.602 (5))
4. The variances are subject to the following conditions of approval:
a. The variance resolution shall be recorded at Scott County.
b. A Building Permit shall be obtained from the Building Department prior to the
commencement of construction.
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c. Any sidewalk permitted on the property must be a maximum of 3 feet in width to be exempt
from the impervious surface calculations. Also, no hard surface areas (such as
paver/concrete patios) are permitted which would increase the impervious surface above
37.5% of the total lot area above the 904 high-water level elevation.
d. No future upper-level deck may be added to the structure that would be in violation of the
25.0 lake setback.
e. The lowest floor elevation of the structure must meet the regulatory flood protection elevation
(RFPE) which is currently 907.9 ft elevation.
PASSED AND ADOPTED THIS 9TH DAY OF JANUARY 2023.
_______________________________
David Tieman, Commission Chair
ATTEST: _________________________________
Casey McCabe, Community Development Director
VOTE Tieman Johnson Kallberg Tschetter Ringstad
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐