HomeMy WebLinkAbout6A - Variance extension PC report
4646 Dakota Street SE
Prior Lake, MN 55372
PLANNING COMMISSION AGENDA REPORT
MEETING DATE: August 14, 2023
AGENDA #: 6A
PREPARED BY: Casey McCabe, Community Development Director
PRESENTED BY:
PUBLIC HEARING:
Jeff Matzke, Planner
No
AGENDA ITEM:
Consider a Request for an Extension of a Previous Variance Approval from
the Minimum Rear Yard Setback, Maximum Impervious Surface Coverage,
and Minimum Side Yard Setback to allow Construction of a New Single-
Family Dwelling Located on Lot 18, Green Heights
DISCUSSION: Introduction
Pebble Creek Homes, on behalf of the property owner, Kathy Bachelor Revoca-
ble Trust, is requesting an extension of previously approved variances to allow
additional time to begin construction of a new single-family dwelling on Lot 18,
Green Heights; PID: 250940141.
History
On August 22, 2022, the Prior Lake Planning Commission, acting as the Board
of Adjustment, approved variances from the minimum rear yard setback, maxi-
mum impervious surface coverage, and minimum side yard setback to allow con-
struction of a new single-family dwelling on Lot 18, Green Heights.
The following variances were approved:
• A 5.6-foot variance from the required minimum 25.0-foot rear yard setback
(Subsection 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)
Current Circumstances
The builder, Pebble Creek Homes, and the property owner have requested a six-
month extension of the variance approval. The reason for the extension is due to
the property owner needing to sell their existing home prior to starting construc-
tion of the new home.
Prior Lake City Code Subsection 1152.211 states, all Variances shall be can-
celed, solely by the passage of time and without any action by the City, if one (1)
year has elapsed from the date of the adoption of the resolution granting the Var-
iance if there is no evidence that substantial use or progress has occurred on the
property or premise subject to the approved variance.
City Code Subsection 1152.212 allows for the owner of the property subject to a
variance to apply for an extension of the one-year variance period. The Board of
2
Adjustment may, by resolution, extend a Variance for a reasonable period not to
exceed one (1) year. In this case the property owner requests a six-month exten-
sion.
Conclusion
The City of Prior Lake has not amended the City Code related to rear yard set-
backs, side yard setbacks, or maximum impervious surface coverage since these
variances were approved in August 2022, nor has the criteria for evaluating vari-
ances changed since that time. Therefore, City staff recommends approval of the
extension request.
ALTERNATIVES: 1. Motion and a second to approve a resolution extending the previous variance
approval.
2. Motion and a second to deny the variance extension.
3. Motion and a second to table and/or continue discussion of the item for spe-
cific purpose.
RECOMMENDED
MOTION:
Alternative No. 1.
ATTACHMENTS: 1. Location Map
2. Request for Extension
3. Approved Resolution 22-21PC
4. Site Plan
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 23-07PC
A RESOLUTION APPROVING AN EXTENSION OF A VARIANCE APPROVAL FROM THE MINIMUM REAR YARD
SETBACK, MAXIMUM IMPERVIOUS SURFACE COVERAGE, AND MINIMUM SIDE YARD SETBACK TO ALLOW
CONSTRUCTION OF A NEW SINGLE-FAMILY DWELLING LOCATED ON LOT 18, GREEN HEIGHTS
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Pebble Creek Homes, on behalf of the property owner, Kathy Bachelor Revocable Trust, requested an extension of
previously approved variances to allow additional time to begin construction of a new single-family dwelling on property
legally described as:
Lot 18, Green Heights, Scott County Minnesota
PID: 250940141; and
2. The Board of Adjustment approved variances on August 22, 2022 as documented in Resolution 22-21PC; and
3. According to City Code Subsection 1152.212, the Board of Adjustment may, by resolution, extend a variance for a
reasonable period not to exceed one (1) year.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby approves a six-month extension (until February 22,
2024) of the following variances to construct a new single-family dwelling on Lot 18, Green Heights:
• A 5.6-foot variance from the required minimum 25.0-foot rear yard setback (Subsection 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)
Adopted by the Board of Adjustment on August 14, 2023.
_______________________________
Jason Tschetter, Commission Chair
ATTEST: _________________________________
Casey McCabe, Community Development Director
VOTE Tschetter Kallberg Tennison Ringstad Johnson
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
37XXX ROOSEVELT ST SW
Variance Use
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Subject Properties
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FOUND IRON PIPE
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C. 222 PURSRVHG KRXVH
Proposed
Garage Floor @ Front = 940.2
Garage Top of Block = 940.6
House Top of Block = 939.1
Lowest Floor = 929.4
Lower Garage Floor @ Rear = 929.0
SURVEYOR'S CERTIFICATE
FLOOR ELEVATIONS
Top nut hydrant at the southeast corner of Lot 2, GREEN HEIGHTS.
Elevation = 924.98
BENCHMARK
I hereby certify that this survey, plan or report was prepared by me or under
my direct supervision and that I am a duly Licensed Land Surveyor under the
laws of the State of Minnesota. That this survey does not purport to show all
improvements, easements or encroachments, to the property except as
shown thereon.
Signed this 3rd day of March, 2022
Marcus F. Hampton, MN L.S. No. 47481
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DRAWN BY
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REVISIONS
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PROJECT NO.
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1.Subject property's address for Lot 18 is not assigned, its property
identification number is 250940141.
2. The bearing system is based on the south line of Lot 18, GREEN HEIGHTS
which 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 ground
level are shown on the survey. It may not be the foundation wall.
5.No specific title search for existence or non-existence of recorded or
un-recorded easements has been conducted by the surveyor as a part of
this 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.
NOTES
Lot = 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 lot
Total Impervious without Road = 2,232 sq. ft. or 36.8% of lot
HARD COVER CALCULATIONS
Lot 18, GREEN HEIGHTS, Scott County, Minnesota.
PROPERTY DESCRIPTION
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E. 22 HVH. SODQ GULYHZD\