HomeMy WebLinkAboutResolution 23-01PC4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 23-01 PC
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
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.
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.
VOTE Tiernan Johnson Kallberg Tennison Ringstad
Aye V V V V W
Nay ❑ ❑ ❑ ❑ ❑
Absent ❑ ❑ ❑ ❑ ❑
Abstain ❑ ❑ ❑ ❑ ❑
David Tieman, Commission Chair
r7
ATTEST:
Ca cCabei'Commu ity Development Director
Receipt:# 721619 Al 169116
VAR $46 00
Return to'
G PR OR LAKE CITY
I IIIIIII I'll IIIII IIIII IIIII IIIII IIIII IIIII IIII III
4646 DAKOTA ST SE
PRIOR LAKE MN 55372
Certified Filed and/or recorded on:
1 /18/2023 9:13 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 23-OIPC
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
Dated this 9 h Day of January 2023
14500 Shady Beach Trail NE
ABSTRACT
PID: 250460120
n
Jes' rickson
ity of Prior Lake
Return to and drafted by:
City of Prior Lake
Front Desk
4646 Dakota Street SE
Prior Lake, MN 55372