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HomeMy WebLinkAbout5B - 14390 Watersedge Trail Variance 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: JUNE 12, 2023 AGENDA #: 5B 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 AND MAXIMUM IMPERVI- OUS SURFACE ON A PROPERTY LOCATED IN THE R-1 (LOW DENSITY RESI- DENTIAL) ZONING DISTRICT DISCUSSION: Introduction Neil Marriott, the property owner, is requesting variances from the minimum lake set- back and maximum impervious surface requirement for construction of a screened porch. The property is located at 14390 Watersedge Trail NE along the northern shores of Lower Prior Lake. The requested variances are listed below: · An 18.3-foot variance from the required minimum lake setback from the 904 eleva- tion of Prior Lake (Section 1130.407 (2)) · A 2.3% variance from the maximum allowed impervious surface requirement (Sec- tion 1130.405 Regulation Requirement Proposed Variance Lake Setback (minimum) 50 ft. 31.7 ft. 18.3 ft. Impervious Surface (maximum of total lot area above 904 lake elevation) 30% 32.3% 2.3% 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 1977. Current Circumstances The applicant is requesting to construct a 144 sq. ft. screened porch on the existing deck area at the rear of the home. As highlighted in the attached narrative from the applicant, a previous screened porch existed on the rear of the home, however it had a temporary roof covering. Lake Setback: Subsection 1130.407 states “On shoreland parcels that have 2 adja- cent parcels with existing principal structures on both such adjacent parcels, any new residential structure or any additions to an existing structure may be set back the av- erage setback of the adjacent structures from the Ordinary High Water Level or 50 feet, whichever is greater. The applicant request to replace the existing temporary screened 2 porch with a permanent screened porch that has a permanent roof covering. Other nearby properties have screened porches and decks with similar setbacks to the lake. Impervious Surface: Subsection 1130.405 states, “Impervious surface coverage for lots in all Use Districts shall not exceed 30% of the lot area.” It has come to the atten- tion of the City that on previous survey records for building permit approvals the lot area inadvertently included areas below the 904 elevation of Prior Lake in the calcula- tions of impervious surface. This has resulted in inaccurate percentages of the imper- vious surface being lower than they should be determined by City Code definition. The applicant wishes to remove impervious surface from the driveway and walkways that was placed illegally in previous years yet keep the impervious surface consistent with the previous approvals of 30% of the total lot area. However, the impervious surface would remain 2.31% above the 30% of the total lot area above a 904 elevation. This is because previous permit approvals included the lot area below the 904 elevation inaccurately. 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 variances are 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 Ordi- nance. The applicant requests to replace an existing structure in that of a screened porch and also improve the impervious surface on the property 3 by removing areas that were not permitted by City Code. In addition the applicant wishes to follow the order of previous approvals of impervious surface for the property. These previous surveys inaccurately identified the impervious surface of the property by including lot area below the 904 ele- vation. 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 screened porch in an area that already includes a previous structure. The applicant also desires to improve the existing inaccurate impervious surface calculations on the property by correctly defining the impervious surface percentage at 32.3% of the total lot area above the 904 elevation of Prior Lake. 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.  The applicant shall remove areas of the driveway and walkways to reduce the im- pervious surface to a maximum 32.3% of the total lot area above a 904 elevation as identified by the proposed survey. 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 14390 Watersedge 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. 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 No. 1 ATTACHMENTS: 1. Resolution 23-04PC 2. Location Map 3. Survey dated 5-25-23 4. Property Photos 5. Applicant Narrative 6. Neighbor letters of support 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 23-04PC VARIANCES FROM THE MINIMUM LAKE SETBACK AND THE MAXIMUM IMPERVOUS SURFACE 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 June 12, 2023, to consider a request from Neil Marriott, the property owner, requesting variances from the minimum lake setback and maximum impervious surface to allow construction of a screened porch on a property located in the R-1 (Low Density Residential) Zoning District at the following property: 14390 Watersedge Trail NE (PID 251190160) Legal Description: Lot 20, BOUDIN’S MANOR, 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 #DEV23-000017 and held a hearing thereon on June 12, 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.” 2 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 applicant requests to replace an existing structure in that of a screened porch and also improve the impervious surface on the property by removing areas that were not permitted by City Code. In addition the applicant wishes to follow the order of previous approvals of impervious surface for the property. These previous surveys inaccurately identified the impervious surface of the property by including lot area below the 904 elevation. 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 screened porch per the proposed survey in the R-1 SD (Low Density Residential Shoreland) Zoning District: a. An 18.3-foot variance from the required minimum lake setback from the 904 elevation of Prior Lake (Section 1130.407 (2)) b. A 2.3% variance from the maximum allowed impervious surface requirement (Section 1130.405 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. The applicant shall remove areas of the driveway and walkways and provide an as-built survey to confirm the impervious surface is a maximum 32.3% of the total lot area above a 904 elevation as identified by the proposed survey. PASSED AND ADOPTED THIS 12TH DAY OF JUNE 2023. _______________________________ Jason Tschetter, Commission Chair ATTEST: _________________________________ Casey McCabe, Community Development Director VOTE Tschetter Johnson Kallberg Tennison Ringstad Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Sheet 2A Zone Variance Application 14390 Watersedge Trl NE, Prior Lake, MN, 55372 Variance Approval Criteria: 1. a. Replace an aging “shade structure” attached to an existing deck with an enclosed 3 season screen porch to the existing 21 inch high deck. It will not be heated, and will not be a suitable for habitation (ie not “lived in”). The current location of the existing deck currently exceeds lake setbacks. The dimensions and location of the existing deck will NOT be altered. b. As part of this project, a correction will be made to the property which currently EXCEEDS the maximum percent impervious percent by removing a portion of the concrete driveway and replacing with sod/grass, and the sidewalk/shed area on the north side of the house (see survey Sheet 3, that shows concrete surface proposed to be removed). This correction and improvement will bring the property at or below the maximum 30% impervious allowed. 2. The structure will be a modern structure that will properly blend in with the house, and will properly blend in with similar decks and structure in the neighborhood. It is a maintenance free screened aluminum structure, using “baked enamel” paint not requiring any maintenance, and will thus never be an “eye-sore”. 3. We are a NEW homeowner of this property. We were unaware that the existing deck was replaced or renovated (possibly) by the previous homeowner without the necessary permit or approval. The existing deck has now been in place for about 15 years and sits approx. 20 inches at its highest point from ground level. We are replacing an existing damaged “shade structure” (an eye-sore) that is currently on the deck with a more permanent 3 sided screen structure on top of this existing deck. 4. a. We have checked the sight-lines of the two adjacent properties to the north of our property at 14380 Watersedge Trl NE, and to the south at 14396 Wateredge Trl NE. b. See attached photo exhibits that shown such sight-lines c. When completed, the sight-line of this screened structure, on the existing deck will actually be “set-back”, when compared to both of these adjacent properties, and thus will not affect the sight-lines of either. d. Find attached signed letters of support of this variance by the property owners of the above mentioned properties 5. The property will continue to be used as a private residence, without any business activity.